HomeMy WebLinkAbout3 TSM08-0006 2012-05-22 BOS staff report with attachmentsButte County Department of Development Services
TIM SNELLINGS, DIRECTOR | PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
www.buttecounty.net/dds
www.buttegeneralplan.net
ADMINISTRATION * BUILDING * PLANNING
May 22, 2012
Butte County Board of Supervisors
25 County Center Drive
Oroville, CA 95965
Subject: Paradise Summit Planned Unit Development PUD08-0001
Recommendation
Based on the Planning Commission’s recommendation to approve PUD08-0001, staff
recommends the following:
1) Adopt resolution certifying the Final EIR and approving the Water Supply
Assessment
2) Approve the Planned Unit Development (PUD) Ordinance for the Paradise
Summit project.
Introduction
This staff report includes a Background and Discussion section for the Paradise Summit PUD.
On April 26, 2012, the Planning Commission certified the Final EIR and approved the Tentative
Subdivision Map TSM08-0006 conditioned upon the Board of Supervisors’ approval of the
PUD rezone ordinance for the Paradise Summit project. The Planning Commission also
recommended that the Board of Supervisors approve the PUD application for the Paradise
Summit project. The attachments to this report include a resolution of the Board of
Supervisors certifying the Final EIR, the PUD ordinance, the Planning Commission resolution
recommending approval of the PUD to the Board of Supervisors, the April 26, 2012 Planning
Commission staff report, the Final EIR and the Draft EIR.
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Background
This project is a request for a phased Tentative Subdivision Map (TSM) to divide +/-333 acres
into 312 single-family residential parcels varying in size from 8,738 square feet (SF) to 32,099
SF, and various lettered lots for open space uses. The Tentative Subdivision Map is being
processed concurrently with an application for rezone of the site to PUD to allow for clustering
of the 312 residences within a +/-137-acre area of the site, while preserving +/-195 acres as
open space. On April 26, 2012, the Planning Commission approved the TSM. The PUD zone
is the zone that is consistent with the General Plan 2030 Land Use Designation of PUD on the
property.
The project is composed of eight Assessors Parcels (055-300-013, 038, 099, 101, 102, 103,
109 and 055-310-023). The project site is located approximately 1/5 mile south of the Town of
Paradise and is within the Paradise Sphere of Influence in Butte County. The nearest cross
streets are Pentz Road at Lago Vista Way and Lindenbaum Lane. The development portion of
the site is approximately ½ mile east of Pentz Road and west of the West Branch of the
Feather River as it enters/becomes Lake Oroville.
The County previously processed the project under CEQA with a Mitigated Negative
Declaration. Hearings were conducted by the Planning Commission and Board of Supervisors
in 2010. In reviewing the record as a whole including a staff recommendation and information
received during the public comment period, the Board of Supervisors required an
Environmental Impact Report (EIR) for the project at a public hearing on January 25, 2011.
This action specified that the EIR address the following issues: Fire Services and Safety; Land
Use under Butte County General Plan 2030; Transportation/Traffic; Wastewater; Forest
Resources; and Greenhouse Gas Emissions.
The project design remained the same from the version that was analyzed in 2010. The
project applicant incorporated all of the mitigation measures previously identified by the County
into the project description. These are identified as Project Commitments in the project
description. The project description is detailed in the Draft EIR and in the attached April 26,
2012 Planning Commission staff report. The project was designed to avoid extreme slope
(30% and greater slope) on the eastern boundary of the project, provides for a Deer Migration
Corridor in the center of the project and avoids wetlands in the western portion of the project in
coordinate with the Department of Fish and Game. The project is located in a very high fire
hazard area and includes measures for fuel modification and maintenance. An Integrated
Open Space Management Program is part of the project description and in the Draft EIR. The
applicant added measures to their project design early in the review process to address some
of the neighbor concerns. These include a gated entry at Lago Vista Way as it joins the
existing neighborhood. This was a balance between the requirements of the County including
Butte Fire review for access and an approach that addresses neighbor concerns of through
traffic on Lago Vista Way. The neighbors also expressed concern regarding the type of
residential development. The applicant responded by excluding second dwelling units in the
PUD zone for the project and adding architectural review similar to the Madre de Oro (Lago
Vista Way) subdivision to the conditions of approval.
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Staff processed an EIR consistent with the requirements of the California Environmental
Quality Act. The Planning Commission certified the Final EIR under CEQA prior to approval of
the Tentative Subdivision Map. Because the PUD requires action by the Board of Supervisors,
the Board will also consider certifying the Final EIR prior to acting on the PUD ordinance.
On April 26, 2012, the Planning Commission conducted a public hearing on the Final EIR and
the project. There were six people that spoke at the public hearing in opposition to the project.
Concerns were expressed regarding the amount of traffic and site distance on Lago Vista Way
and Pentz Road; financing mechanisms and funding of infrastructure; oversight of the
wastewater treatment facility; fire evacuation scenarios; lot sizes and project density; and, the
lack of on-site active park or play areas. The Planning Commission certified the Final EIR and
approved the subdivision. The Planning Commission also made a recommendation that the
Board of Supervisors approve the PUD rezone request.
The attached April 26, 2012 Planning Commission staff report, the Final EIR and the Draft EIR
are incorporated by reference to this staff report. Additional information is provided in these
documents.
Discussion
This section of the staff report covers the PUD Rezoning, General Plan 2030 Consistency
Review, the Water Supply Assessment Approval, Final EIR Certification and Review of
Alternatives. Additional information is provided in the attached April 26, 2012 Planning
Commission staff report.
Planned Unit Development (PUD) Rezoning
The PUD application is a type of rezone application specific to the proposed project. Below is
a discussion of the current zoning, the proposed General Plan 2030 zoning and General Plan
2030 consistency review relative to the Paradise Summit project PUD.
Current Zoning
There are two zoning designations within the project boundary: AR-1 (Agricultural Residential
one acre minimum) and AR 2 1/2 (Agricultural Residential two and one-half acre minimum).
These classifications split the project site with approximately the north half under the AR-1 and
the south half under the AR 2 1/2. The potential yield under the current zoning designations
on the property is approximately 243 dwelling units. It is important to note that the AR zones,
including the AR-1 and AR-2 1/2 zones are not consistent with General Plan 2030.
Proposed Zoning under General Plan 2030
The County is in the final series of a comprehensive update to the Zoning Ordinance following
adoption of General Plan 2030. The Zoning Ordinance update adoption will be considered for
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adoption in fall of 2012. That action will replace the zoning on the project site with a PUD
designation. As noted in the above discussion of General Plan Consistency Review
discussion on page 4 of this report, the PUD limits development to 335 dwelling units in a
clustered development pattern.
Paradise Summit Project PUD
A project proposing a PUD is required to comply with Butte County Code 24-210 “Planned Unit
Development”. The PUD application process is a type of rezoning of the property. The
rezoning is approved by an ordinance specific to the property and the proposed project. The
PUD sets the zoning designations, such as Residential and Open Space on the property and
the uses permitted within the designations.
With the Paradise Summit PUD, the existing AR-1 and AR 2 ½ zones would be rezoned to
‘PUD,’ and specific land use and development regulations would be adopted for the Paradise
Summit PUD. The Tentative Subdivision Map and PUD application cluster the 312 residences
within a +/-137-acre area of the site, while preserving +/-195 acres as open space, to help
protect existing wildlife habitat and other resources.
The following excerpt of subsections 24-210(a) and (c) is from the Butte County Code showing
the Purpose and Density requirements of the PUD Zone.
24-210 PUD (Planned Unit Development) Zone.
(a) Purpose. The purpose of the Planned Unit Development (PUD) Zone is to
allow diversification in the relationship of various uses, buildings, structures, lot
sizes and open spaces, to encourage and take advantage of opportunities for
more integrated, flexible and superior design than is available through the
application of conventional regulation which anticipates individual lot
development. It is the intent of this zone to provide a flexible means to implement
the goals, policies and programs of the Butte County General Plan while
ensuring the provision of adequate standards to protect the public health, safety
and general welfare. It is also the purpose of this zone to encourage innovative,
high-quality design, efficient use of land and modern site planning for residential,
agriculture, commercial and industrial purposes.
(c) Land use density area. The residential land use density of any planned unit
development zone shall not exceed that allowed by the Butte County General
Plan designation for the proposed site.
As noted previously in this report, the General Plan 2030 density for this site is 335 dwellings
on 333 acres. The project complies with the General Plan 2030 density because is proposes
312 dwellings.
The PUD rezone ordinance for the project includes a list of permitted uses, accessory uses,
conditionally permitted uses, setbacks and other items. The list of permitted uses in the
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residential areas is limited to a single-family residence and small family day care and similar
uses. The ordinance does not list second dwelling units as a permitted use. The applicant
indicates that second dwelling units were not listed as a permitted use in order to address
neighbor concerns regarding early in the process. Accessory uses include detached buildings,
shops, garages and guest houses (not a dwelling). Conditionally permitted uses include public
and quasi-public uses, nurseries and plant gardens and wireless communications facilities.
Minor use permits would be required for large-family day care facilities and bed and breakfast
uses. An administrative permit would be required for home occupations and temporary uses.
The PUD ordinance is attached to this staff report.
General Plan Consistency Review
General Plan 2030 designated the project site as PUD. General Plan 2030, Land Use
Element, Section B(1), found on Page 59, provides a description of the Planned Unit
Development Land Use Designation: This designation identifies future developments that will
be considered under a Planned Unit Development application, as identified in Figure LU-3. The
intent of this designation is to encourage and take advantage of opportunities for more
integrated, flexible and superior design than is available through the application of
conventional regulation. Section D.1 of this Land Use Element gives additional information
about specific Planned Unit Developments envisioned in this General Plan.
General Plan 2030 envisions the development of two Planned Unit Developments, an area
plan and a number of specific plans. Paradise Summit is one of the two envisioned PUDs with
the adoption of General Plan 2030. Section D(1)(b) of the General Plan 2030 Land Use
Element lists the Paradise Summit PUD as follows: The Paradise Summit PUD will determine
the mix of uses that will occur in a 333-acre area located southeast of Paradise. The PUD will
limit development to not more than 335 dwelling units in a clustered development pattern. The
Paradise Summit project is consistent with this vision in that it includes 312 dwelling units in a
clustered development pattern. The other PUD envisioned in General Plan 2030 is the Tuscan
Ridge PUD located along the east side of the Skyway between the Town of Paradise and the
City of Chico.
Staff evaluated the project under the applicable goals and policies of General Plan 2030. The
Planning Commission resolution approving TSM08-0006 and recommending approval of
PUD08-0001 contains a General Plan Consistency Review in a table format (found on page
105 of this report). The project is substantially consistent with the goals and policies of
General Plan 2030. The project is found to be consistent with all 46 General Plan Goals that
were reviewed. Staff reviewed 118 of the General Plan 2030 Policies for consistency. There
are seven applicable policies where staff found the project is not consistent (LU-P10.4
regarding development agreements, H-P2.6 regarding allowing second dwelling units, W-P1.5
regarding pest-tolerant landscapes, COS-P1.3 regarding use of recycled-content materials,
COS-P2.4 regarding LEED neighborhood design, COS-P3.4 regarding grid-neutral design, and
COS-P4.4 regarding site designs to maximize energy efficiency). Four of the Policies
reviewed were determined to not be applicable with a brief explanation provided (H-P1.3, CIR-
P3.7, CIR-P4.6, PUB-P6.6). The overall review of the policies within each applicable General
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Plan results in a finding of consistency. As per the California General Plan Guidelines,
projects need not be consistent with each and every policy of the General Plan.
Water Supply Assessment Approval
Senate Bill 221 and Senate Bill 610, now part of the California Water Code, requires water
supply assessments for subdivisions. This State law requires demonstration of water
availability if the project is 500 dwellings or more or if the project exceeds 10 percent of the
water provider’s capacity. Early in the project review process, staff identified this as a
requirement because the project would exceed 10 percent of the current capacity of the Del
Oro Water Company.
The applicant retained Luhdorff & Scalmanini Consulting Engineers to prepare the study. The
Paradise Summit Water Supply Assessment, dated January 2010, prepared for Del Oro Water
Company (DOWC) was reviewed by County staff and the DOWC and found consistent with the
requirements of SB221/SB610. As Executive Officer for Del Oro Water Company (DOWC),
Robert Fortino has signed a letter concurring with the conclusions of the water study.
The Paradise Summit Water Supply Assessment identified an annual demand of 266-acre feet
of water, which is assumed available from the County’s Table A allocation of Lake Oroville
Water. The Tentative Subdivision Map TSM08-0006, as approved by the Planning
Commission, is conditioned subject to the Water Supply Assessment, required infrastructure,
permitting by the State and service by the water provider.
Section 10.0 of the Water Supply Assessment lists the conclusions of the report. The
conclusions are as follows:
a) It is not known when the Paradise Summit development will be constructed or the
timing of the phases. Thus, the required modifications to the system infrastructure
are based solely on the development.
b) DOWC will have to increase its supply of Lake Oroville raw water by 266 acre feet
from Butte County (with accommodation for anticipated DWR cutback percentages)
in order to provide adequate source capacity for the development.
c) The lake intake pumps will have to be increased in size and capacity to provide an
additional 446 gallons per minute to meet the maximum day demand of the Paradise
Summit Development.
d) The raw water mainline from the Lake Oroville intake to the water treatment plant is
adequately sized to convey the required water at build-out plus the maximum day
demand for the proposed development. Thus, no modifications or replacement to the
raw water main is required, at this time.
e) Modifications to the water treatment plant will consist of the installation of a
treatment train(s) equal to the maximum day demand. A booster pump will also be
installed to convey the treated water to the Upper Zone and shall be sized to pump
the maximum day demand for the subdivision.
f) No modifications are required to the 16-inch transmission mainline.
g) A booster pump, capable of pumping the maximum day demand for the Paradise
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Summit development shall be installed at the Mid-Zone Storage Tank and Booster
Facility, to be installed under the Regional Intertie program.
h) As the elevations of portions of the Paradise Summit Development at near or at the
Upper Zone tank overflow, a transfer tank and booster facility shall be installed at the
development to provide adequate operating pressures within the development.
i) Distribution facilities within the Paradise Summit Development shall conform to the
standards of DOWC and shall consist of a minimum 12-inch looped line with 8-inch
and 6-inch mainlines installed within connecting streets. All services will be metered.
The Board of Supervisors is responsible for approval of the Water Supply Assessment
because it serves as the public agency with the authority over the project. Under the
SB221/SB610 process, if the water provider is a public agency, then that agency approves the
Water Supply Assessment. Because the Del Oro Water Company is not a public water agency
or district, the SB221/SB610 process then places the Board of Supervisors as the approving
authority.
Final EIR Certification
The Planning Commission certified the Final EIR prior to its approval of the subdivision map.
Because the Board of Supervisors has authority on the PUD ordinance, the Board is also
required to certify the Final EIR. Certification of a Final EIR means that the Board of
Supervisors has considered the Draft EIR, responses to comments and changes to the Draft
EIR as having been processed consistent with the requirements of CEQA. Certification also
requires that the Board of Supervisors reviewed and considered the information contained in
the Final EIR prior to considering action on the project and that the Final EIR reflects the lead
agency's independent judgment and analysis.
Review of Alternatives
The primary purpose of Alternatives under CEQA is to provide decision makers and the public
with a reasonable range of feasible alternatives that could attain most of the basic project
objectives, but would avoid or substantially lessen any of the significant effects of the proposed
project. The Draft EIR Section 6.0 Alternatives examines four project alternatives, all at a
comparative level of detail, consistent with the requirements of CEQA. A summary
comparison of the alternatives is provided in Table 6.0-1 of the Draft EIR. The alternatives
analyzed are provided below as follows: Alternative 1 - No Project/Baseline Condition
Alternative; Alternative 2 – One Third Reduced Density; Alternative 3 – 50 Percent Reduced
Density; and Alternative 4 – Winter Deer Migration Overlay. The Off-site Alternative was
eliminated from further review in the Draft EIR. The Draft EIR concluded that the
Environmentally Superior Alternatives are the No Project/Baseline Condition Alternative and
the Winter Deer Migration Overlay Alternative.
The Planning Commission reviewed the Alternatives as evaluated in the Draft EIR. In its
approval of Tentative Subdivision Map TSM08-0006, the Planning Commission rejected the
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alternatives based on the fact that there were no significant impacts resulting from the project,
consistency with General Plan 2030 and review of the applicable Project Objectives. More
discussion of Alternatives is provided in the attached Planning Commission staff report. The
Board of Supervisors is also required to consider the Alternatives in its action on the PUD
rezone. The attached resolution certifying the Final EIR also contains the basis for the
rejection of alternatives using the same analysis as found in the Planning Commission staff
report.
Summary
With the recommendation of the Planning Commission, information in this staff report and the
attachments, staff recommends that the Board of Supervisors certify the Final EIR, approve
the Water Supply Assessment and approve PUD08-0001. If there are any questions regarding
this staff report or the attached materials, please contact me at 538-6821 or Pete Calarco,
Assistant Director, at 538-2167.
Sincerely,
Tim Snellings, Director
Attachments:
• Resolution Certifying The Final Environmental Impact Report, Adopting A Mitigation
Monitoring and Reporting Program, and Approving The Water Supply Assessment
(page 9 of the staff report)
• Planned Unit Development PUD08-0001 Ordinance (page 51 of the staff report)
• Water Supply Assessment, Dated January 2012 (page 62 of the staff report)
• Planning Commission Resolution 12-09 approving TSM08-0006 and recommending the
PUD to the Board (page 79 of the staff repot)
• Correspondence presented at the April 26, 2012 Planning Commission hearing (page
127 of the staff report)
• Planning Commission Staff Report (with Attachments A and B) (page 130 of the staff
report)
• Tentative Subdivision Map 08-0006 (as approved by the Planning Commission)
• Final EIR (includes Mitigation Monitoring Plan)
• Draft EIR (previously distributed to the Board of Supervisors)
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Resolution No.___-___
A RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT, ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM, AND
APPROVING THE WATER SUPPLY ASSESSMENT
FOR THE PARADISE SUMMIT SUBDIVISION (TSM08-0006) AND
PLANNED UNIT DEVELOPMENT (PUD08-0001)
BACKGROUND
The Paradise Summit project is a request to subdivide approximately 333 acres of
land south of the Town of Paradise into 312 single-family residential parcels and provide
lots for open space. The project application includes a Tentative Subdivision Map and a
Planned Unit Development.
The Final Environmental Impact Report (“Final EIR”) for the Project before the
Board of Supervisors of the County of Butte (“County”) was presented at a public
hearing on May 22, 2012. Having considered all the written and documentary
information submitted, the staff reports, oral testimony, other evidence presented, and the
administrative record as a whole, the Board of Supervisors hereby finds and decides as
follows.
RECITALS
1. Lead Agency Status: Butte County is the lead agency under the California
Environmental Quality Act, Public Resources Code sections 21000 et seq. (“CEQA”) for
preparation and certification of the Final EIR for the Project.
2. Project Description: Paradise Summit Tentative Subdivision Map (TSM08-0006)
and Planned Unit Development (PUD08-0001) – Wyckoff & Associates LLC: a phased
tentative subdivision map to divide +/-333 acres composed of eight Assessors Parcels
(055-300-013, 038, 099, 101, 102, 103, 109 and 055-310-023) into 312 single-family
residential parcels varying in size from 8,738 to 32,099 square feet, and various lots for
open space. The project includes an application for a rezone of the site from Agricultural
Residential (AR-1 and AR-2.5) to Planned Unit Development (PUD) to allow for
clustering of the 312 residences within a +/-137-acre area of the site, while preserving +/-
195 acres as open space, to help protect sensitive resources and as an amenity to the
subdivision. The General Plan 2030 Land Use Designation is Planned Unit
Development. The project site is located approximately 1/5 mile south of the Town of
Paradise and is within the Paradise Sphere of Influence in Butte County. The nearest
cross streets are Pentz Road at Lago Vista Way and Lindenbaum Lane. The development
portion of the site is approximately ½ mile east of Pentz Road and west of the West
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Branch of the Feather River as it enters/becomes Lake Oroville.
3. Discretionary Approvals Required: The proposed Project involves the following
discretionary approvals and CEQA actions by the Board of Supervisors:
a) Certify the Final EIR for the Project (SCH 2010042086), documenting
compliance with CEQA, and independent review and consideration of the
information in the EIR prior to taking action on the Project.
b) Adoption of the Mitigation Monitoring and Reporting Program
implementing Project Commitments. (Exhibit 2.)
c) Approve the Water Supply Assessment, incompliance with State law
SB221/610, under the California Water Code.
d) Approve the Planned Unit Development (PUD08-0001) ordinance to the
Board of Supervisors.
4. Preparation of an EIR: Pursuant to CEQA and the CEQA Guidelines, 14 Cal.
Code Regs. sections 15000 et seq. (“CEQA Guidelines”), an EIR was prepared for the
Project to analyze the environmental effects of the Project.
5. Process: Preparation of the Final EIR was a multi-year process, which included
the following activities:
a) On August 19, 2008, the Project application was submitted to the County.
b) May 27, 2010, staff presented the request for a Planned Unit Development and
Tentative Subdivision Map to the Planning Commission with the
recommendation to 1) Adopt the Initial Study/Proposed Mitigated Negative
Declaration, 2) Adopt the Paradise Summit Planned Unit Development
(PUD08-0001), and 3) Approve the Tentative Subdivision Map (TSM08-
0006).
c) June 10, 2010, the Planning Commission continued the May 27, 2010 meeting
to June 10, 2010 at the request of the Town of Paradise to allow additional
comment on the project. Staff revised the Resolution from the May 27, 2010
meeting per Planning Commission comments. The Planning Commission
adopted the Resolution and made a recommendation to the Board of
Supervisors to 1) Adopt the Initial Study/Proposed Mitigated Negative
Declaration, 2) Adopt the Paradise Summit Planned Unit Development
(PUD08-0001), and 3) Approve the Tentative Subdivision Map (TSM08-
0006).
d) July 13, 2010, at this meeting the Board of Supervisors expressed uncertainty
about the terms and conditions under which Del Oro Water Company would
secure water to supply to the proposed project. The Board closed the public
hearing, continued deliberation on the project to August 10, 2010, and made a
motion of intent to: 1) adopt a resolution adopting the Mitigated Negative
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Declaration, approve a Water Supply Assessment, approve the Tentative
Subdivision Map (TSM08-0006) subject to the findings and conditions as
presented by staff, 2) adopt an ordinance approving the Planned Unit
Development (PUD08-0001).
e) August 10, 2010 to January 25, 2011. The Board of Supervisors continued the
public hearing several times between August 10, 2010 and January 25, 2011
to negotiate water agreements and to address comments received on the
project.
f) January 25, 2011, staff determined that, in light of the whole record before the
Board of Supervisors, the proposed project may have a significant effect on
the environment and that the Proposed Mitigated Negative Declaration could
not be adopted. At a public hearing on January 25, 2011, the Board of
Supervisors directed that an Environmental Impact Report (EIR) be prepared
to address impacts to Fire Services and Safety; Land Use as designated under
the recently adopted Butte County 2030 General Plan; Transportation/Traffic;
Wastewater; Forest Resources; and Greenhouse Gas Emissions and remanded
the project to the Planning Commission.
g) March 2, 2011 a Notice of Preparation (NOP) for the preparation of an EIR
for the proposed project was submitted to the State Clearinghouse for
circulation to public agencies for comment. The NOP comment period
extended from March 2, 2011 to April 1, 2011.
h) A Notice of Completion and a Notice of Availability and Public hearing was
circulated for a 45-day public review period beginning on January 17, 2012
and ending on March 1, 2012. Twenty-two comment letters were submitted to
the County on the Draft EIR. These comment letters are on file and available
for review at the County Department of Development Services.
i) A duly noticed public hearing was conducted by the Planning Commission on
January 26, 2012 to receive comment on the Draft EIR. Eight people spoke at
the Planning Commission hearing providing oral testimony regarding the
Draft EIR.
j) In April, 2012, the County released the Paradise Summit Final EIR. The
County provided notice of the availability of the Final EIR to agencies,
organizations, and the public.
k) On April 26, 2012, the County held a duly noticed public hearing before the
Planning Commission to consider certification of the Final EIR, approval of
the Mitigation and Monitoring Program, approval of Paradise Summit
Tentative Subdivision Map (TSM08-0006), and a recommendation of
approval to the Board of Supervisors on the Planned Unit Development
(PUD08-0001).
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l) On May 22, 2012, the County held a duly noticed public hearing Board of
Supervisors to certify the Final EIR, approve the Mitigation Monitoring Plan,
approve the Water Supply Assessment and approve Planned Unit
Development PUD08-0001.
6. Documents Comprising Final EIR: The Final EIR for the Project includes the
following items (collectively referred to as the “Final EIR”).
a) Paradise Summit Draft EIR (SCH 2010042086) dated January 2012;
b) Comments and responses to comments on the Draft EIR, dated April, 2012;
c) Draft EIR Errata containing corrections and clarifications made to the text of
the Draft EIR;
d) Mitigation Monitoring and Reporting Program.
7. Description Of The Record: For purposes of CEQA and the findings hereinafter
set forth, the administrative record for the Project consists of those items listed in Section
21167.6 (e) of the Public Resources Code (Chapter 1230, Statutes of 1994) including but
not limited to:
a) All application materials and correspondence contained in the Lead Agency’s
Project files (TSM08-0006 and PUD08-0001);
b) The Draft EIR;
c) The Final EIR;
d) The Paradise Summit Water Supply Assessment dated January 2010;
e) All Notices of Availability, the Notice of Determination, staff reports and
presentation materials related to the Project;
f) All studies contained in, or referenced by, staff reports, the Draft EIR, or the Final
EIR;
g) All public reports and documents related to the Project prepared for the County
and other agencies;
h) All documentary and oral evidence received and reviewed at public hearings and
workshops, and all transcripts and minutes of those hearings related to the Project;
and
i) For documentary and informational purposes, all locally-adopted land use plans
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and ordinances, including, without limitation, general plans, area plans and
ordinances, master plans together with environmental review documents,
findings, mitigation monitoring programs and other documentation relevant to
planned growth in the area.
8. Custodian of the Record: The administrative record is maintained at the Butte County
Department of Development Services, 7 County Center Drive, Oroville, California.
FINDINGS REGARDING ENVIRONMENTAL IMPACTS
1. Evidentiary Basis for Findings: These findings are based upon substantial
evidence in the entire record before the Planning Commission. The references to the
Draft EIR, Final EIR, and other evidence in the record set forth in the findings are for
ease of reference and are intended to demonstrate the analytical path between the
evidence in the record and the findings adopted by the Planning Commission. The
references are not intended to provide an exhaustive list of the evidence in the record that
is relied upon for these findings.
2. Impacts of the Project: Executive Summary, Chapter 2.0, Section 2.4 of the Draft
EIR provides a summary of environmental impacts associated with this Project. Table
2.0-2, Summary of Impacts and Mitigation Measures Identified in the EIR, includes the
following impact categories: Fire and Safety Services, Forest Resources, Greenhouse
Gas Emissions, Land Use, Transportation/Traffic, and Wastewater. The impacts
identified are all less than significant and no mitigation is required.
3. Project Commitments: The Project applicant incorporated the mitigation
measures from the Initial Study into the Project Description. Executive Summary,
Chapter 2.0, Table 2.0-3, Summary of Project Commitments Identifies as part of the
Initial Study and Included in the EIR Project Description, lists the Project Commitments
and provides a monitoring plan for the Project Commitments.
4. Findings of Fact Not Required: CEQA Guidelines Section 15091 states that no
public agency shall approve or carry out a project for which an EIR has been certified
which identifies one or more significant environmental effects of the project unless the
public agency makes one or more written findings for each of those significant effects,
accompanied by a brief explanation of the rationale for each finding. The EIR concludes
that there are no significant impacts. For this Project, including the Project Commitments,
all the environmental impacts are less-than-significant therefore the Findings of Fact are
not required. A summary table is provided in Exhibit 1.
FINDINGS REGARDING ALTERNATIVES
1. CEQA Guidelines Section 15126.6 requires a discussion of a reasonable range of
alternatives to a project or to the location of the project which would feasibly attain most
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of the basic objectives of the project but would avoid or substantially lessen any of the
significant effects of the project. An EIR need not consider alternatives which are
infeasible. For this project, several alternatives were evaluated. These alternatives are
discussed in the Draft EIR Section 6.0.
2. Alternative Eliminated from Further Consideration: The Off-Site Alternative.
This alternative would consist of developing the entire project on another site within
Butte County and the Paradise area. The Southeast Paradise Specific Plan area as
designated in General Plan 2030 as Specific Plan to be Developed Overlay includes 1,206
acres of unincorporated land west of State Route 191 and south of Paradise. Developing
a similar project on an alternative site would result in similar project impacts and would
simply transfer the impacts to areas surrounding the alternative site locations. Therefore,
this alternative was eliminated from further review based on Section 15126.6(f)(2), which
states that “Only locations that would avoid or substantially lessen any of the significant
effects of the project need be considered for inclusion in the EIR.” In addition, the
project proponent already owns the project site, and could not reasonably acquire, control
or otherwise have access to the alternative site (Section 15126.6(f)(1)).
3. The Draft EIR examines four project alternatives, all at a comparative level of
detail, consistent with the requirements of CEQA. A summary comparison of the
alternatives is provided in Table 6.0-1 of the Draft EIR. The alternatives analyzed are
provided below as:
A) Alternative 1 - No Project/Baseline Condition Alternative;
B) Alternative 2 – One Third Reduced Density;
C) Alternative 3 – 50 Percent Reduced Density; and
D) Alternative 4 – Winter Deer Migration Overlay.
4. The primary purpose of Section 6.0 Alternatives is to provide decision makers
and the public with a reasonable range of feasible alternatives that could attain most of
the basic project objectives, but would avoid or substantially lessen any of the significant
effects of the proposed project. For the reasons stated below, the Planning Commission
finds that the EIR contains a reasonable range of alternatives.
A. Alternative 1 - No Project/Baseline Condition Alternative
The consideration of this alternative is required under CEQA Guidelines Section 15126.6
(e). This alternative provides a comparison between the environmental impacts of the
proposed project in contrast to the environmental impacts that could result from not
approving or denying the proposed project. Under this alternative, the proposed project
site would retain its existing 2030 General Plan land use designation of Planned Unit
Development (PUD) and existing zoning of Agricultural Residential (AR-1), with 1-acre
minimum parcels and AR-2.5, with 2.5-acre minimum parcels.
Page 6 of 15 14
B. Alternative 2: One-Third Reduced Density Alternative
This Alternative would evaluate the proposed project with a one-third reduced residential
density. This Alternative decreases the number of lots from 312 to a total of 208 parcels,
resulting in an overall decrease of 104 parcels. The General Plan states that the Paradise
Summit PUD will include a “mix of uses that will occur in a 333-acre area located
southeast of Paradise. The PUD will limit development to not more than 335 dwelling
units in a clustered development pattern.” Therefore, it is assumed that this Alternative,
would have a similar design footprint; maintaining approximately 137.5 acres for
residential development, 153 acres in open space, and approximately 41 acres as a
designated deer migration corridor. Under this Alternative the 208 parcels would result in
an average parcel size of approximately 0.49 acres on 137.5 acres (assuming 102.5 acres
for residential uses and 35 acres for roads).
C. Alternative 3: 50 Percent Reduced Density Alternative
This Alternative would evaluate the proposed project assuming a 50 percent reduction in
density. Because the site is designated as a PUD, which allows for a mix of uses in a
clustered development pattern, this Alternative would maintain the same footprint as the
proposed project; thereby maintaining designated areas for open space and the deer
migration corridor. Under the 50 Percent Reduced Density Alterative, the project would
result in 156 parcels for an average density of 0.65 acres on 137.5 acres (assuming 102.5
acres for residential uses and 35 acres for roads).
D. Alternative 4: Winter Deer Migration Overlay Alternative
The proposed project is located within the Winter Deer Herd Migration Area, requiring
20‐acre minimums. This Alternative has been included to address General Plan Policies
LU‐P1.10 and COS-P10.1. Specifically, these Policies limit development in foothill and
mountain areas that are constrained by fire hazards, water supply, migratory deer habitat,
and encourage clustered development, respectively. With 20‐acre minimum parcel sizes,
the project site could accommodate 16 parcels. However, in order to be consistent with
the PUD designation and protect sensitive biological and cultural resources, preserve
open space areas and the deer migration corridor, this Alternative would cluster
development within the 137 acres proposed for residential development. Therefore, this
Alternative would result in 16 parcels approximately 8.5 acres in size. The remaining
designated open space areas and deer migration corridor would be protected under a
conservation easement, deed restriction, or other County approved conservation
mechanism.
5. Analysis of Alternatives. Section 6.3 of the Draft EIR provides an analysis
comparing the proposed project with each individual alternative. The following
categories are analyzed: Aesthetics, Visual Resources; Agricultural and Forestry
Page 7 of 15 15
Resources; Air Quality; Biological Resources; Cultural Resources; Geology, Soils, and
Seismicity; Greenhouse Gas Emissions; Hazards and Hazardous Materials; Hydrology
and Water Quality; Land Use Planning; Mineral Resources; Noise; Population and
Housing; Public Services; Recreation; Transportation/Traffic; and, Utilities and Service
Systems. Table 6.0-1 of the Draft EIR, shown below, provides a table-format
comparison of the analysis.
6. Environmentally Superior Alternative. CEQA Guidelines Section 15126.6(e)(2)
requires the EIR to identify the environmentally superior alternative. Section 6.4 of the
Draft EIR identifies the No Project/Baseline Condition Alternative as the
Environmentally Superior Alternative. Where an EIR identifies the No Project
Alternative as the Environmentally Superior Alternative, another environmentally
superior alternative must be identified among the remaining alternatives. The Winter
Deer Herd Migration Overlay is the Environmentally Superior Alternative other than the
No Project Alternative.
7. The Board of Supervisors rejects Alternative 1 - No Project/Baseline Condition
Alternative, Alternative 2 - One Third Reduced Density Alternative, Alternative 3 - 50
Percent Reduced Density; and Alternative 4 - Winter Deer Migration Overlay for the
following reasons:
a) No Significant Impacts from the Project. The project does not result in significant
unavoidable impacts. With the Project Commitments, all of the project impacts are less
than significant. The purpose of an alternatives discussion is provided in 15126.6(b)
Because an EIR must identify ways to mitigate or avoid the significant effects that a
project may have on the environment (Public Resources Code Section 21002.1), the
Page 8 of 15 16
discussion of alternatives shall focus on alternatives to the project or its location which
are capable of avoiding or substantially lessening any significant effects of the project,
even if these alternatives would impede to some degree the attainment of the project
objectives, or would be more costly.
b) General Plan Vision. General Plan 2030 envisions up to 335 dwellings on this
property (General Plan 2030 Land Use Element subsection D, pages 66-67). The General
Plan EIR includes buildout of 335 dwellings this project site in the planning horizon of
the General Plan.
c) Project Objectives. The following is an outline/comparison of the project
objectives relative to the four alternatives.
Alternative 1 - No Project/Baseline Condition Alternative. This alternative is rejected as
it would not provide for the following Project Objectives:
• Project Objective #1 Develop an economically viable project that is consistent
with the Butte County 2030 General Plan. Alternative 1 would not provide a
viable project with residential development as envisioned by General Plan 2030.
• Project Object #2 Create variable lot sizes and cluster development to allow for
an optimum amount of open space. Alternative 1 would not provide variable lot
sizes, cluster development or designated open space.
• Project Objective #3 Provide additional housing opportunities to local residents.
Alternative 1 would not provide additional housing opportunities.
Alternative 2 - One Third Reduced Density Alternative. This alternative is rejected as it
will not provide for the following Project Objective:
• Project Objective #1 Develop an economically viable project that is consistent
with the Butte County 2030 General Plan. Alternative 2 would provide one-third
fewer dwellings on the project site. This would reduce the economic viability of
the project.
• Project Objective #3 Provide additional housing opportunities to local residents.
Alternative 2 would reduce the housing opportunities by 104 dwellings compared
to the Project.
Alternative 3 is the 50 Percent Reduced Density. This alternative is rejected as it will not
provide for the following Project Objectives:
• Project Objective #1 Develop an economically viable project that is consistent
with the Butte County 2030 General Plan. Alternative 3 would provide one-half
of the dwellings on the project site. This would reduce the economic viability of
the project.
• Project Objective #3 Provide additional housing opportunities to local residents.
Alternative 3 would reduce the housing opportunities by one-half (a reduction of
156 dwellings) compared to the project.
Alternative 4 is the Winter Deer Migration Overlay. This alternative is rejected as it will
not provide for the following Project Objectives:
• Project Objective #1 Develop an economically viable project that is consistent
Page 9 of 15 17
with the Butte County 2030 General Plan. Alternative 4 would provide 16
dwelling units on the property. This would reduce the economic viability of the
project.
• Project Objective #3 Provide additional housing opportunities to local residents.
Alternative 4 would reduce the housing opportunities by 296 dwellings compared
to the project.
FINDINGS REGARDING GROWTH INDUCEMENT
1. CEQA Section 15126.2(d) requires that an EIR consider the potential for a project
to create growth inducing impacts. A project could have a growth inducing impact if it
could:
a) Foster economic or population growth, or construction of additional housing,
either directly or indirectly, in the surrounding environment;
b) Remove obstacles to population growth, for example, developing service
areas in previously unserved areas, extending transportation routes into
previously undeveloped areas, and establishing major new employment
opportunities; and
c) Encourage and facilitate other activities that could significantly affect the
environment, either individually or cumulatively.
2. Section 5.1 of the Draft EIR discusses growth inducing impacts. The Draft EIR
concludes that the buildout of the project site was anticipated under the General Plan.
Given the amount of development that is anticipated to occur within the region as part of
the 2030 General Plan update or is contemplated through existing development
applications, it is unlikely that the development of the Paradise Summit PUD project
would facilitate or induce growth in the area not accounted for in the General Plan.
Therefore, implementation of the proposed project would not induce growth not already
envisioned by Butte County. Regarding the elimination of obstacles to growth, the
proposed project would tie into the Del Oro Water Company’s proposed infrastructure
adjacent to the site on Pentz Road. The project would be served by a community onsite
wastewater treatment system that would be limited to the proposed development.
Existing development to the north and west is served with infrastructure already in place.
The provision of infrastructure to the site would not extend utilities to previously
unserved areas. Therefore, it is not anticipated that the project would induce growth
beyond levels contemplated in the General Plan.
FINDINGS REGARDING CUMULATIVE IMPACTS
1. Cumulative impacts are defined by CEQA as “two or more individual effects
which, when considered together, are considerable or which compound or increase other
environmental impacts” (State CEQA Guidelines, Section 15355). Cumulative impacts
are further described as follows:
Page 10 of 15 18
a) The individual effects may be changes resulting from a single project or a
number of separate projects.
b) The cumulative impacts from several projects are the change in the
environment which results from the incremental impact of the project when added
to other closely related past, present, and reasonably foreseeable future projects.
Cumulative impacts can result from individually minor but collectively significant
projects taking place over a period of time (State CEQA Guidelines, Section
15355[b]).
Furthermore, according to State CEQA Guidelines Section 15130(a)(1): As defined in
Section 15355, a “cumulative impact” consists of an impact that is created as a result of
the combination of the project evaluated in the EIR together with other projects causing
related impacts. An EIR should not discuss impacts which do not result in part from the
project evaluated in the EIR. In addition, as stated in the State CEQA Guidelines,
Section 15064(i)(5): The mere existence of significant cumulative impacts caused by
other projects alone shall not constitute substantial evidence that the proposed project’s
incremental effects are cumulatively considerable.
2. Cumulative Impacts Summary. Section 5.2 of the Draft EIR provides a summary
of the cumulative impacts related to Fire Safety, Forest Resources, Greenhouse Gases,
Hydrology and Water Quality, Land Use, and Transportation are discussed in Sections
4.1 through 4.6.
A. Fire and Safety Services
As part of the CEQA process, the County conducted an analysis of the Project’s
cumulative impacts to Fire and Safety Services, as well the Project’s consistency with
County land use documents. The EIR evaluated two evacuation scenarios. The EIR
concludes (Draft EIR Sections 4.1 Fire and Safety Services and 5.2 Cumulative Impacts)
that the Project including the Project Commitments and implementation of General Plan
2030 policies that the cumulative impacts to Fire and Safety Services is less than
significant.
B. Greenhouse Gas Emissions
The proposed project under a 2005 BAU (Business as Usual) Scenario would result in
8,886.69 MTCO2e (metric tons of CO2 equivalent) per year. With a 30 percent reduction
target, the project would need to reduce potential emissions by 2,666.00 MTCO2e, or not
exceed 6,220.69 MTCO2e per year. Based on project design, existing standards,
conformance with the 2030 General Plan goals and policies that reduce GHG emissions,
implementation of all applicable BMPs (Best Management Practices) and BCAQMD
(Butte County Air Quality Management District) SMM (Standard Mitigation Measures)
and BAMM (Best Available Mitigation Measures), and implementation of Project
Commitments #1 and #2 and state regulations at the time building plans are reviewed and
approved, the proposed project would result in 5,916.69 MTCO2e under the 2011-2026
Mitigated Scenario (California Emissions Estimator Model - CalEEMod, Appendix C).
This is a 32 percent reduction of GHG (Greenhouse Gas) emissions, and thus exceeds AB
Page 11 of 15 19
32 reduction targets. Therefore, the project’s contribution to cumulative impacts is not
cumulatively considerable and is considered less than significant. The analysis is
provided in the Draft EIR Sections 4.3 Greenhouse Gas Emissions and 5.2 Cumulative
Impacts.
C. Land Use Consistency
Although the natural setting of the site in combination with designated future land
development within the unincorporated areas of Butte County would change, this change
from vacant land to a more developed setting is planned for and supported by the General
Plan; therefore, cumulative land use development is considered less than significant. The
analysis is provided in Draft EIR Sections 4.4 Land Use and 5.2 Cumulative Impacts.
D. Transportation
Under Future and Future plus Project Conditions, all study intersections are expected to
operate at LOS C or better with the projected future growth in regional traffic. Under
future conditions, all three study roadway segments are expected to operate acceptably at
LOS A or B with the projected future growth in regional traffic. Therefore, cumulative
traffic impacts are considered to be less than significant. The analysis is provided in
Draft EIR Sections 4.5 Transportation and 5.2 Cumulative Impacts.
E. Wastewater
The project’s contribution to cumulative water quality impacts in the project vicinity
would be reduced by implementing standard BPTC (best practicable treatment or control)
methods and designed to meet applicable Basin Plan criteria based on the project’s nitrate
and mounding analyses. In addition, the project applicant shall obtain WDRs (Waste
Discharge Requirements) based on project design flows to the satisfaction of the
RWQCB (Regional Water Quality Control Board), thereby minimizing water quality
degradation. Additionally, the project’s conditions of approval, 2030 General Plan
policies, and continued compliance with RWQCB regulation in the region would further
reduce the proposed project’s contribution to cumulative water quality impacts.
Therefore, the proposed project, in conjunction with other planned and approved projects,
would not have a cumulative impact on water quality and is considered to be less than
significant. This analysis is provided in Draft EIR Sections 4.6 Wastewater and 5.2
Cumulative Impacts.
FINDINGS REGARDING MITIGATION MONITORING
AND REPORTING PROGRAM
1. Section 21081.6 of the California Public Resources Code, CEQA Guideline
section 15097, and Board policy require the Butte County Board of Supervisors to adopt
a monitoring and reporting program on the changes in the Project and Mitigation
Measures it has imposed to mitigate or avoid significant environmental effects. The
mitigation measures were incorporated into the project description and listed as Project
Page 12 of 15 20
Commitments. The Mitigation Monitoring and Reporting Program is attached to this
resolution as Exhibit 2.
2. The Mitigation Monitoring and Reporting Program fulfills the CEQA mitigation
monitoring requirement because the Conditions of Approval are specific and, as
appropriate, define performance standards to measure compliance under the Program.
The Program contains detailed descriptions of conditions, implementation, verification, a
compliance schedule and reporting requirements to insure compliance with the
Conditions of Approval, specifically, the Project Commitments. The Program also
ensures that the Project Commitments are in place, as appropriate, throughout the life of
the Project.
3. On February 28, 2011, the project applicant Scott Wyckoff, Manager of Wyckoff
& Associates LLC, and Tim Snellings, Development Services Director reviewed the
Initial Study for the Paradise Summit Tentative Subdivision Map (TSMO8-0006) and
Planned Unit Development (PUD08-0001). Both parties signed the Initial Study, thereby
agreeing that the Mitigation Measures were appropriate to reduce impacts to a less than
significant level and that the project will be modified to include and incorporate all
mitigation set forth in the Initial Study into the Project Description.
The Mitigation Measures included in the Initial Study, with the
revisions/replacements identified within the Project Description of this EIR, have been
incorporated into the Project Description as Project Commitments. These Project
Commitments have been included in the Mitigation Monitoring and Reporting Program
(MMRP) for this EIR to be adopted upon approval of the proposed project.
FINDINGS REGARDING WATER SUPPLY ASSESSMENT
The Paradise Summit Water Supply Assessment (WSA), dated January 2010, was
prepared pursuant to state law (SB610/221) to describe how much water and what types
of supporting infrastructure are needed to supply water to the project site.
1. Pursuant to the California Water Code, Section 10910, as demonstrated in
the WSA, the Del Oro Water Company (DOWC) provided written verification and
determination that its projected water supplies are sufficient to meet the projected annual
water demands of existing and planned use by Project during normal, single dry, and
multiple dry years for the next 20 years.
2. As identified in the in Section 10.0 Conclusions of the WSA, adequate
water supply for the proposed development will require the following:
a) It is not known when the Paradise Summit development will be
constructed or the timing of the phases. Thus, the required modifications
to the system infrastructure are based solely on the development.
b) DOWC will have to increase its supply of Lake Oroville raw water by 266
acre feet from Butte County (with accommodation for anticipated DWR
cutback percentages) in order to provide adequate source capacity for the
development.
c) The lake intake pumps will have to be increased in size and capacity to
Page 13 of 15 21
provide an additional 446 gallons per minute to meet the maximum day
demand of the Paradise Summit Development.
d) The raw water mainline from the Lake Oroville intake to the water
treatment plant is adequately sized to convey the required water at build-
out plus the maximum day demand for the proposed development. Thus,
no modifications or replacement to the raw water main is required, at this
time.
e) Modifications to the water treatment plant will consist of the installation
of a treatment train(s) equal to the maximum day demand. A booster pump
will also be installed to convey the treated water to the Upper Zone and
shall be sized to pump the maximum day demand for the subdivision.
f) No modifications are required to the 16-inch transmission mainline.
g) A booster pump, capable of pumping the maximum day demand for the
Paradise Summit development shall be installed at the Mid-Zone Storage
Tank and Booster Facility, to be installed under the Regional Intertie
program.
h) As the elevations of portions of the Paradise Summit Development at near
or at the Upper Zone tank overflow, a transfer tank and booster facility
shall be installed at the development to provide adequate operating
pressures within the development.
i) Distribution facilities within the Paradise Summit Development shall
conform to the standards of DOWC and shall consist of a minimum 12-
inch looped line with 8-inch and 6-inch mainlines installed within
connecting streets. All services will be metered.
DECISION
NOW, THEREFORE, BE IT RESOLVED, THAT THE BOARD OF
SUPERVISORS:
I Certifies that the Final Environmental Impact Report for the Paradise Summit
Subdivision (TSM08-0006) and Planned Unit Development (PUD08-0001) has
been completed in compliance with CEQA including the following:
a) That the Final EIR was presented to the Butte County Board of
Supervisors serving as lead agency and that the Board of Supervisors
reviewed and considered the information contained in the Final EIR prior
to taking action on the project;
b) The Final EIR reflects the lead agency's independent judgment and
analysis; and
II Adopts the Mitigation Monitoring and Reporting Program contained in Exhibit 2.
III Approves the Paradise Summit Water Supply Assessment dated January 2012 for
the Project, pursuant to Section 10910 of the California Water Code.
Page 14 of 15 22
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the ______ day of _______, 2012, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
______________________________
Steve Lambert, Chair
Butte County Board of Supervisors
ATTEST: Paul Hahn Chief Administrative
Officer and Clerk of the Board
By _____________________________
Page 15 of 15 23
EXHIBIT 1 Impact Statement, Mitigation Measures and Findings of Fact Not Required for the Paradise Summit Project (TSM080006/PUD080001) Impacts Mitigation Measure Finding of Fact Fire Safety and Services Impact 4.1.1 Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. No mitigation measures are required. Less than significant impact. Findings not required. Impact 4.1.2 The proposed project would not result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection facilities, need for new or physically altered fire protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for fire protection. However, project site development would result in increased service demands on the BCFD/Cal‐Fire. No mitigation measures are required. Less than significant impact. Findings not required. Impact 4.1.3 Implementation of the Paradise Summit project, along with anticipated residential development as designated in the Butte County 2030 General Plan and the 1994 Town of Paradise General Plan may contribute to cumulative fire emergency evacuation delays on Pentz Road. No mitigation measures are required. Less than significant impact. Findings not required. 24
Impacts Mitigation Measure Finding of Fact Forest Resources Impact 4.2.1 Implementation of the project would not conflict with the existing land use designation for, or cause redesignation of forest land or timberland, and thereby result in a conversion of forest land to a non‐forest use. No mitigation measures are required. Less than significant impact. Findings not required. Impact 4.2.2 Implementation of the Paradise Summit project, along with anticipated residential development as designated in the Butte County 2030 General Plan would not result in conflicts with existing land use designation or cause a redesignation of forest land or timberland, and thereby result in a conversion of forest land to a non‐forest use. No mitigation measures are required. Less than significant impact. Findings not required. Greenhouse Gas Emissions Impact 4.3.1 The Paradise Summit Planned Unit Development (PUD) would generate GHG emissions that would not have a significant impact on the environment. No mitigation measures are required. Less than significant impact. Findings not required. Impact 4.3.2 The proposed project would not conflict with an applicable plan, policy, or regulation adopted for the purposes of reducing emissions of GHG. No mitigation measures are required. Less than significant impact. Findings not required. Impact 4.3.3 Greenhouse Gas Emissions resulting from development associated with implementation of the proposed project would contribute to greenhouse gas levels on a cumulatively considerable basis. No mitigation measures are required. Less than significant impact. Findings not required. 25
Impacts Mitigation Measure Finding of Fact Land Use Impact 4.4.1 The proposed project would be consistent with applicable provisions of the Butte County 2030 General Plan. No mitigation measures are required. Less than significant impact. Findings not required. Impact 4.1.2 Implementation of the Paradise Summit project, in combination with other potential development would result in changes to land use consistent with General Plan and Zoning designations. No mitigation measures are required. Less than significant impact. Findings not required. Transportation/Traffic Impact 4.5.1 The proposed project will generate additional traffic; however, projected volumes would not conflict with the adopted plans, policies, or programs that establishes performance standards for the circulation system, including the applicable provisions of the Butte County 2030 General Plan, the Town of Paradise General Plan 1994, and/or other traffic management plan. No mitigation measures are required. Less than significant impact. Findings not required. Impact 4.5.2 The proposed project will generate new roadways, as well as additional trips in the project area, that may increase existing hazards on an established roadway. No mitigation measures are required. Less than significant impact. Findings not required. Impact4.5.3 Under future plus project conditions, cumulative development will generate additional traffic; however, projected volumes would not conflict with the adopted plans, policies, or programs that establishes performance standards for the circulation system, including the applicable provisions of the Butte County No mitigation measures are required. Less than significant impact. Findings not required. 26
Impacts Mitigation Measure Finding of Fact 2030 General Plan, the Town of Paradise General Plan 1994, and/or other traffic management plan. Wastewater Impact 4.6.1 Implementation of the project would generate new effluent discharge that would not violate applicable water quality standards, waste discharge requirements, or substantially degrade water quality in the area, including groundwater and surface water quality. No mitigation measures are required. Less than significant impact. Findings not required. Impact 4.6.2 Implementation of the Paradise Summit project, along with anticipated residential development as designated in the Butte County 2030 General Plan, would not violate applicable water quality standards, waste discharge requirements, nor result in cumulative wastewater impacts to groundwater and/or surface water quality. No mitigation measures are required. Less than significant impact. Findings not required. 27
5.0 MITIGATION MONITORING & REPORTING PROGRAM
Butte County Paradise Summit PUD 08-0001 and TSM 08-0006
April 2012 Final Environmental Impact Report
5.0-1
5.1 PROJECT COMMITMENTS
On February 28, 2011, the project applicant Scott Wyckoff, Manager of Wyckoff & Associates LLC,
and Tim Snellings, Development Services Director reviewed the Initial Study for the Paradise
Summit Tentative Subdivision Map (TSMO8- 0006) and Planned Unit Development (PUD08-0001).
Both parties signed the Initial Study, thereby agreeing that the Mitigation Measures were
appropriate to reduce impacts to a less than significant level and that the project will be modified to
include and incorporate all mitigation set forth in the Initial Study into the Project Description.
The Mitigation Measures included in the Initial Study, with the revisions/replacements identified
within the Project Description of this EIR, have been incorporated into the Project Description as
Project Commitments. These Project Commitments have been included in the Mitigation Monitoring
and Reporting Program (MMRP) for this EIR to be adopted upon approval of the proposed project.
5.2 MITIGATION MONITORING AND REPORTING PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) has been prepared pursuant to State of
California Public Resources Code Section 21081.6, which requires adoption of a MMRP for projects
in which the Lead Agency has required changes or adopted mitigation to avoid potentially
significant environmental effects. The County is the lead agency for the proposed Paradise Summit
Project and, therefore, responsible for administrating and implementing the MMRP. The decision-
makers must define specific reporting and/or monitoring requirements to be enforced during
project implementation prior to final approval of the proposed project. The primary purpose of the
MMRP is to ensure that the mitigation measures identified in the Initial Study, which have been
incorporated into the project as Project Commitments and included in the Draft EIR, are
implemented to reduce or avoid identified environmental effects.
The purpose of discussing the MMRP in the Final EIR is to appropriately assign the mitigation
responsibilities for implementing the Paradise Project. The Project Commitments listed in the
MMRP are required by law or regulation and will be adopted by the Board as a condition of the
primary project approval. Certain elements of the project may be adopted or approved by other
responsible agencies, including the: County (zone change, grading and building permits), Butte
County Health Department/Environmental Health Division, Regional Water Quality Control Board,
California Department of Fish and Game , and US Army Corps of Engineers.
BASIS FOR THE MITIGATION MONITORING AND REPORTING PROGRAM
Section 21081.6 of the California Public Resources Code requires that the public agency shall adopt
a reporting or monitoring program for the changes made to the project or conditions of project
approval, adopted to mitigate or avoid significant effects on the environment. The reporting or
monitoring program shall be designed to ensure compliance with mitigation measures during
project implementation. The monitoring program must be adopted when a public agency makes its
findings under CEQA so that the program can be made a condition of project approval in order to
mitigate significant effects on the environment.
28
5.0 MITIGATION MONITORING & REPORTING PROGRAM
Paradise Summit PUD 08-0001 and TSM 08-0006 Butte County
Final Environmental Impact Report April 2012
5.0-2
MITIGATION MONITORING AND REPORTING PROGRAM PROCEDURES
The MMRP for the proposed project will be in place through all phases of the project, including
design, prior to construction, construction, and operations. Butte County shall have primary
responsibility for administrating the MMRP activities of staff, consultants, or contractors.
This MMRP gives Butte County the primary responsibility for documenting the monitoring of
mitigation measures. Butte County’s designated environmental monitor will track and document
compliance with mitigation measures, note any problems that may result, and take appropriate
action to remedy problems. Specific responsibilities of Butte County include:
Coordination of all mitigation monitoring activities.
Management of the preparation, approval, and filing of monitoring or permit compliance
reports.
Maintenance of records concerning the status of all approved mitigation measures.
Quality control assurance of field monitoring personnel.
Coordination with other agencies regarding compliance with mitigation or permit
requirements.
Reviewing and recommending acceptance and certification of implementation
documentation.
Acting as a contact for interested parties or surrounding property owners who wish to
register complaints, observations of unsafe conditions, or environmental violations;
verifying any such circumstances and developing any necessary corrective actions.
29
5.0 MITIGATION MONITORING & REPORTING PROGRAM
Butte County Paradise Summit PUD 08-0001 and TSM 08-0006
April 2012 Final Environmental Impact Report
5.0-3
MITIGATION MONITORING AND REPORTING PROGRAM
Project Commitment Timing Monitoring
Verification of
Compliance
Date Initials
Air Quality
Air Quality Project Commitment #1:
The following measures shall apply to all development activities on the project site.
Additionally, a note shall be placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet that states: Dust generated by
the development activities shall be kept to a minimum and retained on-site. Follow the air
quality control measures listed below:
Control Dust
a) During clearing, grading, earth moving, excavation, or transportation of cut or fill
materials, water trucks or sprinkler systems are to be used to prevent dust from
leaving the site and to create a crust after each day’s activities cease.
b) During construction, water trucks or sprinkler systems shall be used to keep all
areas of vehicle movement damp enough to prevent dust from leaving the site.
At a minimum, this would include wetting down such areas in the later morning
and after work is completed for the day and whenever wind exceeds 15 miles
per hour.
c) Soil stockpiled for more than two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation.
d) On-site construction vehicles shall be limited to a speed of 15 mph on unpaved
roads.
e) Haul vehicles transporting soil into or out of the property shall be covered.
f) Existing roads and streets adjacent to the project shall be cleaned at least once
per day if dirt or mud from the project site has been tracked onto these
roadways, unless conditions warrant a greater frequency.
g) Other measures may be required as determined appropriate by the BCAQMD or
Department of Public Works in order to control dust.
Post Contact Information
a) Post a publicly visible sign with the telephone number and person to contact
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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regarding dust complaints. This person shall respond and take corrective action
within 24 hours. The telephone number of the Butte County Air Quality
Management District shall be visible to ensure compliance with BCAQMD Rule
200 & 205 (Nuisance and Fugitive Dust Emissions).
Other Construction Practices
a) Maintain all construction equipment in proper tune according to manufacturer’s
specification.
b) Where feasible, give preference to utilizing the following equipment:
Electric equipment
Substitute gasoline-powered for diesel-powered equipment
Alternatively fueled construction equipment on-site, such as compressed
natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel.
Equipment that has Caterpillar pre-chamber diesel engines, as practical.
Diesel construction equipment meeting the California Air Resources Board’s
(CARB) 1996 or newer certification standard for off-road heavy-duty diesel
engines.
c) Construction workers shall park in designated parking area(s) to help reduce
dust emissions.”
d) Residential wood burning appliances, (including but not limited to fireplaces,
woodstoves and fire pits) shall not be installed or utilized within the
development.
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.
Air Quality Project Commitment #2:
Prior to approval of the first Final Map for development (not a large lot map), the
applicant shall pay emission reduction fees to the satisfaction of the Butte County Air Quality Management District.
Timing: Prior to approval of
the first Final Map for
development (not a large lot map).
Monitoring: Department
of Development Services
staff will monitor compliance with this
measure.
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Plan Requirements: BCAQMD District staff will collect applicable fees.
BIOLOGICAL RESOURCES
Biological Resources Project Commitment #3 (Butte County calycadenia)
California Department of Fish and Game (CDFG) will be given advance notice of impacts to
Butte County calycadenia on the Property, and will be granted access to the site for plant
removal or seed collection.
Plan Requirements: Arrange opportunity for CDFG to collect plants and seeds.
Timing: Prior to
commencement of
construction or soil
disturbance in the vicinity of
proposed lot 126.
Monitoring: Butte County
Development Services
Department.
Biological Resources Project Commitment #4 (Red Bluff dwarf rush)
Areas known to support Red Bluff dwarf rush a CNPS list 1B plant, will be avoided with a minimum 100-foot set-back. During building and fuel break construction,
environmentally sensitive area (ESA) fencing will be placed around avoidance areas
including wetlands and known CNPS listed plant populations.
Plan Requirements: Preserve in-situ with map notes for pre-construction
precautions.
Timing: Prior to the first Final
Map.
Monitoring: Butte County
Development Services Department.
Biological Resources Project Commitment #5 (Pre-Construction Raptor Surveys)
Place a note on a separate document which is to be recorded concurrently with the final
map or on an additional map sheet and on all building and site development plans that
states “If construction occurs between March 1 and September 15, the developer will
engage the services of a qualified biologist to survey the project site and area within 250
feet of the site for nesting birds of prey and migratory birds, including Loggerhead Shrike
and Yellow Warbler, no more than thirty days prior to the initiation of construction.
Results of the pre-construction survey shall be submitted to the Butte County
Development Services Department.”
a) “If an active nest is located within 250 ft of the project study area, a qualified
biologist will monitor the nest weekly during construction to evaluate potential
Timing: Prior to
commencement of
construction for each phase of
development.
Monitoring: Land
Development Division of
Public Works will verify
that this note appears on
all improvement plans
prior to recordation of the
final map. The
Development Services
Department will monitor
implementation of this
Project Commitment.
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nesting disturbance caused by construction activities. The biologist monitoring
the site will immediately notify the Department of Development Services of any
potential nesting disturbance caused by construction activities. The Department
of Development Services will have the authority to stop construction if
construction appears to be resulting in nest abandonment or forced fledging.”
b) “If an active nest occurs in a tree scheduled for removal, the species of bird using
the nest will be determined by the qualified biologist. The biologist making the
determination will immediately notify the Department of Development Services
of any active nest in a tree scheduled for removal. The nest tree will be
preserved until it is outside of the breeding season for that species or until the
young have fledged. If construction cannot be delayed until the end of the
breeding season, guidance from DFG shall be requested.”
Plan Requirements: Consistent with the requirements of the Project Commitment, if
construction occurs between March 1 and September 15, a pre-construction survey
summary letter detailing survey findings shall be submitted to Development Services.
Biological Resources Project Commitment #6 Oak Tree Replacement and
Protection:
A preliminary oak tree canopy analysis based on aerial photo overlays of the proposed
project was conducted for the project site to estimate the total acreage of oak tree canopy
present on-site and the what percentage of canopy would be removed during project
construction. The canopy analysis estimated that approximately 32% of the oak trees on
the site are located within the proposed residential development footprint and that 68%
of the oak tree canopy will be preserved within open space areas (excluding areas of steep
slopes). In addition, oak tree replacement resulting from residential development shall
occur onsite and within the areas proposed for open space and deer/wildlife migration.
The following Oak Tree Replacement and Protection criteria shall be applied to the areas
proposed for residential development. Prior to final map recordation for individual
development phases, the following shall be conducted and included on project
Improvement Plans:
1. An Oak Tree Replacement and Protection Inventory prepared by a certified
arborist, registered professional forester, botanist or landscape architect shall be
Timing: The Oak Tree
Replacement and Protection
Inventory shall be submitted
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
Replacement and
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submitted for review and approval by the Director of Development Services or
his/her designee, and shall be prepared in accordance with the following:
a) A certified arborist, registered professional forester, or botanist
shall prepare the Oak Tree Replacement and Protection Inventory
to identify oak trees that are deemed suitable for retention.
Factors used to assess suitability of existing oak trees shall include
health, location (in relation to proposed improvements and
adjacent residences), and size of the tree. Improvement Plans shall
identify trees to be removed, including trees deemed to be unsafe
or unhealthy;
b) In those areas proposed for residential development, the Oak Tree
Replacement and Protection Inventory shall show the location of
all oak trees deemed suitable for retention, those to be retained,
and all oak trees to be removed, using the factors set out below;
c) Where feasible, the applicant shall minimize the removal of oak
trees deemed suitable for retention;
d) The Oak Tree Replacement and Protection Inventory shall identify
the number of trees that will be replaced per the following
standard: A minimum of 3 native oak trees of 5 gallons or larger
size shall be planted for each like species of oak tree removed that
is greater than or equal to 5 inches diameter at breast height
(DBH). The trees shall be planted in designated open space areas
and within the Deer/Wildlife Migration Corridor. Plantings within
the Deer/Wildlife Migration Corridor would be required to meet
the criteria established by the California Department of Fish and
Game’s letter, November 10, 2009, refer to Project Commitment
#8 for specifics.
e) The Oak Tree Replacement and Protection Inventory shall identify
each oak tree to be preserved within the residential development
areas. All oak trees that are to be preserved within the residential
development areas shall be surrounded by a tree zone identified
Protection Inventory has
been submitted to and
reviewed by the Director of
Development Services or
his/her designee. Butte
County building inspectors
shall ensure compliance
on-site.
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by the drip line of the tree. An orange plastic fence or other
suitable type of fence shall be used to identify the tree zone during
construction activities;
f) No vegetation removal, soil disturbance, or other development
activities shall occur within the tree zone in order to protect root
systems and minimize compaction of the soil.
Plan Requirements: No vegetation removal, grading, road construction, or other
earthwork shall be permitted until the Oak Tree Replacement and Protection
Inventory is submitted and approved.
Biological Resources Project Commitment #7 (Wetland Permits)
Prior to recordation of the first Final Map, the applicant shall submit written verification
that any necessary permits have been secured from the US Army Corps of Engineers
(USACOE) and the Central Valley Regional Water Quality Control Board (RWQCB) for
compliance with Section 404 and Section 401 of the Clean Water Act as well as a Fish and
Game Code Section 1600 Streambed Alteration Agreement from California Department of
Fish and Game. If these permits are not necessary, no additional mitigation is required.
Plan Requirements: Fulfill regulatory requirements of USACOE, RWQCB and CDFG.
Timing: Prior to any
development activity.
Monitoring: The Butte
County Department of
Development Services and
Department of Public
Works shall ensure written
verification is received
prior to recordation of the
first final map.
Biological Resources Project Commitment #8 (Integrated Open Space Management
Program)
The following Integrated Open Space Management Program (IOSMP) ensures internal
consistency between existing regulations, and applicable performance criteria established
within the Project Commitments. This IOSMP also identifies the appropriate oversight
entities and roles of each entity/agency. This IOSMP identifies open space management
criteria for the following:
Public Access and Recreation
Deer/Wildlife Migration Corridor
Fuel Modification
Timing: Improvement Plans
that include the components
identified in this Project
Commitment shall be reviewed
and approved by the
appropriate responsible
agencies, Cal-Fire, CDFG, and
the Butte County Departments
of Environmental Health and
Development Services prior to
recordation of the first final
map.
Monitoring: Cal-Fire,
CDFG, and the Butte
County Departments of
Environmental Health and
Development Services, as
appropriate.
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A. Public Access and Recreation
Public Access and Recreation includes passive use or passive recreation within the
open space areas of the project site.
Passive recreation refers to recreational activities that do not require prepared
facilities like sports fields or pavilions. Passive recreational activities place minimal
stress on a site’s resources; as a result, passive recreation areas can provide
ecosystem service benefits and are highly compatible with natural resource
protection (U.S. Legal Definition). In addition, passive recreation refers to non-
consumptive and non-motorized uses such as wildlife observation, walking, and
biking. Passive recreation is generally located on an undeveloped site or
environmentally sensitive area that requires minimal development. Oftentimes,
passive recreation areas are designated for the purposes of protecting the health and
well-being of the public and/or for the preservation of wildlife and the environment.
The quality of the environment and "naturalness" of an area is the focus of the
recreational experience in a passive recreation area.
Passive recreation may be further defined as activities that:
Offers constructive, restorative, and pleasurable human benefits and fosters
appreciation and understanding of open space and its purpose.
Is compatible with other passive recreation uses.
Does not significantly impact natural, cultural, scientific, or
agricultural/forestry values.
Requires only minimal facilities and services directly related to safety and
minimizes passive recreation impacts.
Within the designated open space areas the following criteria shall be applied to
minimize impacts to sensitive resources (including but not limited sensitive plant
and wildlife species), cultural resources, and the Community Wastewater Treatment
System:
1. Passive use of designated open space areas will be allowed (designated as
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Parcels B, C, D, E, F and G on the TSM).
2. Recreational use of Parcel A, the Deer/Wildlife Migration Corridor and
location of the Community Wastewater Treatment System will be
discouraged. Notice and Educational Materials shall be provided to
residents as per the requirements for the Deer/Wildlife Migration Corridor,
Item 8B.
3. Open Space Areas, including the Deer/Wildlife Migration Corridor, shall be
managed and maintain by the HOA (management of the Community
Wastewater Treatment Plant System shall be managed by a County
approved public entity).
4. Signage for open space areas, including wetland areas and the Deer/Wildlife
Migration Corridor, shall include the CDFG Noticing and Education Material
requirements that address: potentially dangerous wildlife and human
interaction, i.e., mountain lions, bears, and coyotes, and that they assume all
risk; wildlife and the importance of maintaining ecological connectivity; and
encouraging residents to stay on designated trails, keep dogs on leashes,
and discourage the harassment of wildlife.
B. Deer/Wildlife Migration Corridor
The following comprises the requirements for the Deer/Wildlife Migration Corridor
(per the CDFG November 10, 2009 letter), which minimize impacts to deer migration
and establishes criteria to enhance migration through the corridor.
1. At the time construction grading and site clearing activities begin for Phase
1 of the Paradise Summit subdivision project, the following Deer/Wildlife
Migration Corridor management strategies would be initiated:
a) Prior to construction and grading, a planting plan would be submitted
to CDFG for review and approval. The planting plan would include the
specific number of plant species to be planted and guidelines for
planting. Spacing would be dependent upon plant size, species type,
and the number of plants to be planted. The Deer/Wildlife Migration
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Corridor may also be used as an area for Oak Tree Replacement and
Protection (Project Commitment #6). The planting plan shall be
coordinated with the Oak Tree Replacement and Protection Inventory
as appropriate.
b) A landscaped buffer (buffer zone) of native trees and shrubs would be
installed along the borders of the Corridor. Primary plant species to be
planted would include:
i. Suitable tree species could include but not limited to:
- Black oak
- Bay laurel
ii. Suitable shrubs/sub-shrubs could include but not limited to:
- Coffeeberry
- Poison oak
c) Planting would occur 35 feet from the back of lots abutting the
Corridor, parallel to the fence line. Trees and shrubs would generally
be spaced 12 to 20 feet apart, creating a visual and sound barrier,
thereby creating a deer corridor.
d) The central portion of the Corridor would be managed for the
reduction of manzanita (Arctostaphylos manzanita or A. palida) and
eradication of yellow starthistle (Centaurea solstitialis L.). Specific
control options would be developed in consultation with CDFG. Control
options may include: mechanical/mowing, grazing, prescribed burning,
revegetation, biological, and chemical.
e) Within the Deer/Wildlife Migration Corridor, a 35-foot firebreak
setback would be maintained between the fence line and plantings.
Vegetation management needed for fire safety would not be permitted
to occur within the Corridor unless it is during an emergency, without
prior approval from CDFG.
2. At the time construction, grading and site clearing activities are initiated for
Phase 1 of the Paradise Summit subdivision project, a five-year annual
monitoring program would begin for buffer zone plantings and Manzanita
reduction and yellow starthistle eradication activities.
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3. A monitoring schedule, including requirements for documenting pre and
post-project conditions shall be submitted to CDFG and Butte County
Development Services for review and approval.
4. The applicant shall submit a monitoring report to CDFG and Butte County
Development Services annually for all phases that have not met monitoring
objectives.
a) The monitoring report shall evaluate/verify that the intended goals,
including plant survival goals and reduction of Manzanita and yellow
starthistle eradication objectives have been met.
b) The Monitoring program would provide reporting for a five year time
period beginning one year following final inspection of wildlife corridor,
buffer zone plantings and/or Manzanita reduction and yellow star-
thistle eradication activities.
c) Monitoring will continue until success criteria are met.
5. Prior to initiation of Phase 2 of the Paradise Summit subdivision project,
CDFG shall verify that the intended goals, including plant survival goals and
reduction of manzanita and yellow starthistle eradication objectives have
been met. Monitoring will continue until success criteria are met.
6. The survival goal for plantings is 65%. Annual monitoring would occur for
five years to ensure a 65% survival rate. During annual monitoring, if the
survival rate drops below 65% then additional planting would occur to
meet the 65% survival rate goal.
7. Additional Noticing and Educational Materials will include:
a) Provide a Notice to potential buyers and subsequent future buyers, that
could identifies the following:
i. That they (the new homeowner) are buying a house/lot
where there will be potentially dangerous wildlife and human
interaction, i.e., mountain lions, bears and coyotes, and that
they assume all risk.
ii. Wildlife depredation permits will not be issued for property
damage due to wildlife. If CDFG determines there is a public
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safety threat, then appropriate action will be taken.
iii. Final wording of the notice will be provided to CDFG prior to
selling any lots or homes.
b) Educational Materials, including:
i. Homeowner/resident education materials that inform
residents about wildlife and the importance of maintaining
ecological connectivity.
ii. Homeowner/resident education encouraging residents to
stay on designated trails, keep dogs on leashes, and
discourage the harassment of wildlife.
iii. Restrict artificial night lighting on roads that pass through the
Corridor.
iv. Fencing requirements and/or restrictions. If property damage
occurs, residents will be encouraged to use wildlife-proof
fencing around gardens and other potential wildlife
attractants rather than being issued a depredation permit.
C. Fuel Modification
Fuel modification and removal activities, including those for fire suppression,
firebreaks, Manzanita and yellow starthistle eradication (as per CDFG criteria, Item
8B above) is based on existing regulations, including those identified in the General
Guidelines for Creating Defensible Space (BOF, Cal-Fire, 2006). The General Guideline
requirements are summarized below.
General Guidelines for Creating Defensible Space
The General Guidelines for Creating Defensible Space are intended to provide
property owners with examples of fuel modification measures that can be used to
create an area around building or structures to create defensible space. Guidelines
for fuel treatment identified in General Guidelines for Creating Defensible Space
identifies the applicable criteria to be used for by the HOA for fuel modification.
These guidelines comply with applicable state regulations including the
requirements of 14 CCR 1299 and PRC 4291 and are provided below:
1. Maintain a firebreak by removing and clearing away all flammable
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vegetation and other combustible growth within 30 feet of each building or
structure, with certain exceptions pursuant to PRC §4291(a). Single
specimens of trees or other vegetation may be retained provided they are
well-spaced, well-pruned, and create a condition that avoids spread of fire
to other vegetation or to a building or structure.
2. Dead and dying woody surface fuels and aerial fuels within the Reduced
Fuel Zone shall be removed. Loose surface litter, normally consisting of
fallen leaves or needles, twigs, bark, cones, and small branches, shall be
permitted to a depth of 3 inches. This guideline is primarily intended to
eliminate trees, bushes, shrubs and surface debris that are completely dead
or with substantial amounts of dead branches or leaves/needles that would
readily burn.
3. Down logs or stumps anywhere within 100 feet from the building or
structure, when embedded in the soil, may be retained when isolated from
other vegetation. Occasional (approximately one per acre) standing dead
trees (snags) that are well-space from other vegetation and which will not
fall on buildings or structures or on roadways/driveways may be retained.
4. Within the Reduced Fuel Zone, one of the following fuel treatments (4a. or
4b.) shall be implemented. Properties with greater fire hazards will require
greater clearing treatments. Combinations of the methods may be
acceptable under §1299(c) as long as the intent of these guidelines is met.
4a. Reduced Fuel Zone: Fuel Separation: In conjunction with General
Guidelines 1., 2., and 3., above, minimum clearance between fuels
surrounding each building or structure will range from 4 feet to 40 feet
in all directions, both horizontally and vertically. [Refer to the General
Guidelines for Creating Defensible Space for specifics pertaining to
clearance requirements, distances, and plant spacing guidelines].
4b. Reduced Fuel Zone: Defensible Space with Continuous Tree Canopy: To
achieve defensible space while retaining a stand of larger trees with a
continuous tree canopy apply the following treatments:
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Generally, remove all surface fuels greater than 4 inches in height.
Single specimens of trees or other vegetation may be retained
provided they are well-spaced, well-pruned, and create a
condition that avoids spread of fire to other vegetation or to a
building or structure.
Remove lower limbs of trees (“prune”) to at least 6 feet up to 15
feet (or the lower 1/3 branches for small trees). Properties with
greater fire hazards, such as steeper slopes or more severe fire
danger, will require pruning heights in the upper end of this range.
The HOA will be responsible for fuel modification within the subdivision’s designated
open space areas, including those areas used for passive recreation, areas of steep
slopes, and the Deer/Wildlife Migration Corridor. The following additional fuel
modification criteria shall be applied to open space areas and included in
Improvement Plans for each phase of development (as appropriate) and long-term
Fuel Modification Plans prepared by the HOA:
1. Species chosen for removal should be based on factors including but not limited
to: flammability, biomass, and dead chaparral to be removed, as/if determined
by Cal-Fire.
2. Manzanita reduction and starthistle eradication, per CDFG requirements for the
Deer/Wildlife Migration Corridor.
3. Species selected for inclusion/retention based on 10 foot diameter spacing
between selected individuals, pruned by landscape specialist. Living oak trees
over 5" in diameter at breast height shall be retained or mitigated pursuant to
applicable regulations, and performance criteria established as part of the Oak
Tree Replacement and Protection Plan.
4. The HOA shall conduct fuel modification within areas of steep slopes (the
eastern edge of the project site) per the requirements of the General Guidelines
for Creating Defensible Space pertaining to “Reduced Fuel Zone: Defensible
Space with Continuous Tree Canopy.”
5. Any fuel modification within Deer/Wildlife Migration Corridor shall require
CDFG coordination and approval, unless required for a fire emergency.
Plan Requirements: This Project Commitment provides the basis for the long-term
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management of open space consistent with CDFG letter dated November 10, 2009,
the standards of regulatory agencies including CDFG, Cal-Fire, and Butte County.
Biological Resources Project Commitment #9 (Notification)
Place a note on a separate document which is to be recorded concurrently with the map
or on an additional map sheet that states: “Potential buyers and subsequent future buyers
should be aware that:
a) Homes are located where there will be potentially dangerous wildlife and human
interaction, (i.e., mountain lions, bears and coyotes, etc.) and that the
homeowner(s) assume all risk.
b) Wildlife depredation permits will not be issued for property damage due to
wildlife. If CDFG determines there is a public safety threat, then CDFG will take
appropriate action.”
Plan Requirements: Final wording of the notice will be provided to CDFG prior to
selling any lots or homes; the HOA will distribute Homeowner educational materials.
Timing: Note shall be placed on every Final Map.
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.
Biological Resources Project Commitment #10 (New Homeowner Educational
Materials Dispersed by HOA)
The Homeowners Association will provide Educational Materials to new home owners, to
include:
a) Do not dump lawn clippings or any waste in open space areas. A 35-foot
firebreak setback must be maintained between the rear fence line and buffer
Timing: Education materials
will be distributed to new
homeowners within
approximately 90 days of
occupancy by the HOA
Monitoring: Home
Owners Association will
report to the Development
Services the Development
Services Department on an
annual basis or as
otherwise needed to
confirm that the new
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plantings.
b) Recommended plantings list for native trees and shrubs should include but are
not limited to: Black oak, Bay laurel, Coffeeberry.
c) Invasive Weed Avoidance website/reference for Kunkle reservoir.
d) Homeowner/resident education materials or interpretive sign that inform
residents about wildlife and the importance of maintaining ecological
connectivity.
e) Homeowner/resident education encouraging residents to stay on designated
trails, keep dogs on leashes, and discourage the harassment of wildlife.
f) Fencing requirements and/or restrictions. If property damage occurs, residents
will be encouraged to use wildlife-proof fencing around gardens and other
potential wildlife attractants.
Plan Requirements: New Homeowner Educational Materials meeting the above
criteria will be developed during, and coordinate with, the Codes, Covenants and
Restrictions for the HOA
homeowners have received
this information.
CULTURAL RESOURCES
Cultural Resources Project Commitment #11 (Record Note on Final Map re Site
#1507)
Place a note on a separate document which is to be recorded concurrently with any future
map or on an additional map sheet and all building and site development plans that states:
“Disturbance of the easement on historic water feature (CA-BUT-1507-H) is not permitted,
except where separate archeological survey is undertaken and recommended actions
completed, to the satisfaction of the Director of Development Services.”
Plan Requirements: This note shall be placed on a separate document which is to
be recorded concurrently with the parcel map or on an additional map sheet and on
Timing: This measure shall be
implemented during site
preparation and construction.
Monitoring: The
Department of
Development Services 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. The
Department of
Development Services shall
ensure that the note is
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all building and site development plans. placed on all building and
site development plans.
Should cultural resources
be discovered, the
landowner/developer shall
notify the Planning
Division and a professional
archaeologist. The
Planning Division shall
coordinate with the
landowner/developer and
appropriate authorities to
avoid damage to cultural
resources and determine
appropriate action.
Cultural Resources Project Commitment #12 (Record Note on Final Map re Site
PS#1)
Place a note on a separate document which is to be recorded concurrently with any future
map or on an additional map sheet and all building and site development plans that states:
“Prior to any development or site disturbing activities, the site boundary for PS #1 as
identified in the Archaeological Survey by Sean Jensen dated May, 2009 will be accurately
located through on-site inspection, and designated as an impact avoidance zone on County
development map, except where separate archeological survey is undertaken and Mitigation
Measures completed, to the satisfaction of the Director of Development Services.”
Plan Requirements: This note shall be placed on a separate document which is to
be recorded concurrently with the parcel map or on an additional map sheet and on
all building and site development plans.
Timing: This measure shall be
implemented during site
preparation and construction.
Monitoring: The
Department of
Development Services 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. The
Department of
Development Services shall
ensure that the note is
placed on all building and
site development plans.
Should cultural resources
be discovered, the
landowner/developer shall
notify the Planning
Division and a professional
archaeologist. The
45
5.0 MITIGATION MONITORING & REPORTING PROGRAM
Butte County Paradise Summit PUD 08-0001 and TSM 08-0006
April 2012 Final Environmental Impact Report
5.0-19
Project Commitment Timing Monitoring
Verification of
Compliance
Date Initials
Planning Division shall
coordinate with the
landowner/developer and
appropriate authorities to
avoid damage to cultural
resources and determine
appropriate action.
Cultural Resources Project Commitment #13 (Standard for Cultural Finds)
Place a note on a separate document which is to be recorded concurrently with any future
map or on an additional map sheet and all building and site development plans that states:
“Should grading activities reveal the presence of 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 150 feet of the find
shall cease immediately until a qualified professional archaeologist can be consulted to
evaluate the resources and implement appropriate mitigation procedures. Should human
skeletal remains be encountered, State law requires immediate notification of the County
Coroner. Should the County Coroner determine that such remains are in an
archaeological context, the Native American 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.”
Plan Requirements: This note shall be placed on a separate document which is to
be recorded concurrently with the parcel map or on an additional map sheet and on
all building and site development plans.
Timing: This measure shall be
implemented during site
preparation and construction.
Monitoring: The
Department of
Development Services 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. The
Department of
Development Services shall
ensure that the note is
placed on all building and
site development plans.
Should cultural resources
be discovered, the
landowner/developer shall
notify the Planning
Division and a professional
archaeologist. The
Planning Division shall
coordinate with the
landowner/developer and
appropriate authorities to
avoid damage to cultural
resources and determine
appropriate action.
46
5.0 MITIGATION MONITORING & REPORTING PROGRAM
Paradise Summit PUD 08-0001 and TSM 08-0006 Butte County
Final Environmental Impact Report April 2012
5.0-20
Project Commitment Timing Monitoring
Verification of
Compliance
Date Initials
GEOLOGIC PROCESSES
Geologic Processes Project Commitment #14 (Geologic Processes)
Prior to any grading on the site, a Construction Storm Water Permit will be required by
the State Water Resources Control Board if the project results in a 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. If a
Construction Storm Water Permit is required, place a note on an additional map sheet that
states: “The development of this Final Map require 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).”
Plan Requirements: A copy of the approved Storm Water Pollution Prevention Plan
(SWPPP) shall be attached to all building and site development plans.
Timing: The requirements of
the approved Storm Water
Pollution Prevention Plan shall
be adhered to at all times.
Monitoring: The applicant
or his/her successors, heirs,
assigns are responsible for
ensuring compliance with
the Storm Water Pollution
Prevention Plan. The
California Regional Water
Quality Control Board and
the Butte County Public
Works Department, and
Butte County Development
Services Department will
respond to storm water
runoff problems.
HYDROLOGY AND WATER QUALITY
Hydrology and Water Quality Project Commitment #15 (Permanent Solution to
Drainage)
Note: Hydrology and Water Quality Project Commitment #15 was identified in the IS as
Mitigation Measure #16.
Prior to recordation of the final map, a plan for a permanent solution for drainage shall be
submitted to and approved by the Department of Public Works. The drainage plans shall
detail existing drainage conditions and shall specify how drainage waters shall be
detained or retained onsite and/ or conveyed to the nearest natural or publicly
maintained drainage channel or facility and shall provide that there shall be no increase in
the peak flow runoff to said channel or facility. If storm drainage facilities serve new
public roads, the developer must complete the formation of a county service area (CSA),
zone of benefit within a permanent road division (PRD), or other Department of Public
Works approved entity prior to recordation of the final map. The formation process will
require the developer to fund the service until the beginning of the first fiscal year in
which service charges can be collected and agree to an annual maximum service charge to
Timing: The drainage plan
shall be submitted and
approved prior to approval of
the improvement plans, and the
required drainage
improvements constructed or
bonded for construction prior to
recordation of the Final Map.
Monitoring: The
Department of Public Works
shall ensure that the
required plan is submitted
and ensure that the
drainage improvements are
constructed or bonded for
construction prior to
recordation of the Final
Map.
47
5.0 MITIGATION MONITORING & REPORTING PROGRAM
Butte County Paradise Summit PUD 08-0001 and TSM 08-0006
April 2012 Final Environmental Impact Report
5.0-21
Project Commitment Timing Monitoring
Verification of
Compliance
Date Initials
ensure continued operation of the facilities.
Plan Requirements: Submit drainage plans and calculations to the Department of
Public Works for review and approval.
Noise
The IS for the proposed project identified less than significant with mitigation incorporated
noise impacts associated with a temporary increase in ambient noise levels during
construction activities. Noise Project Commitment #16 was identified in the IS as
Mitigation Measure #17.
Noise Project Commitment #16 (Construction Noise):
Place a note on a separate document which is to be recorded concurrently with the final
map or on an additional map sheet that states: “To reduce construction-generated noise
the developer shall implement the following measures to mitigate construction noise
throughout all construction periods:
1. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no
construction activity on Sundays or holidays;
2. Use best available noise suppression devices and properly maintain and muffle
diesel engine-driven construction equipment;
3. Construction equipment shall not be idled for long periods of time;
4. Locate stationary equipment as far as possible from sensitive receptors;
5. Designate a Disturbance Coordinator and post the name and phone number of
this person conspicuously at the entrance(s) to the project site so it is clearly
visible to nearby residents most likely to be affected by construction noise. This
person would manage complaints resulting from construction noise. The
Disturbance Coordinator shall contact noise sensitive receptors and advise them
of the schedule of construction.”
Timing: The Project
Commitment shall be applicable
during all construction
activities.
Monitoring: The developer
and the Disturbance
Coordinator shall be
responsible for ensuring
compliance with this Project
Commitment and shall
respond to all complaints of
noise. Department of
Development Services shall
investigate all complaints of
excess construction-related
noise.
48
5.0 MITIGATION MONITORING & REPORTING PROGRAM
Paradise Summit PUD 08-0001 and TSM 08-0006 Butte County
Final Environmental Impact Report April 2012
5.0-22
Project Commitment Timing Monitoring
Verification of
Compliance
Date Initials
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.
Public/Fire Services
Public/Fire Services Project Commitment #17 (Wildfire Disclosure)
Note: Project Commitment #17 was identified in the IS Mitigation Measure #19.
Prior to the recordation of the final map, Covenants, Conditions and Restrictions (CC&Rs)
of the project shall be prepared to disclose to future homeowners that their homes are
located within a Very High Fire Hazard Severity Zone. The Home Owners Association
(HOA) will provide educational materials to all new homeowners describing how to
reduce wildfire risks what actions to take should a wildfire occur in the vicinity, and
disclose to residents that no residential wood burning appliances, (including but not
limited to fireplaces, woodstoves and fire pits) shall be installed or utilized within the
development.
Plan Requirements: The CC&Rs, managed by the HOA, shall include disclosure of
the Very High Fire Hazard Severity Zone. Educational Materials shall be developed
for review and approval by Butte County Fire Department/Cal-Fire.
Timing: Disclosure in the
CC&Rs and the preparation of
educational materials shall
occur prior to, or in
conjunction with, recordation
of the first Final Map.
Monitoring: The Butte
County Department of
Development Services shall
ensure that the CC&Rs
meet this requirement.
Development Services will
also review building permit
applications to ensure that
no permits are issued for
such appliances. The HOA
shall ensure educational
materials are provided to
all homeowners that
identifies the restriction of
wood burning appliances.
Transportation
Transportation Project Commitment #18 (Lago Vista Sight Distance)
Prior to, or in conjunction with the recordation of the first Final Map, the project
proponent shall increase sight distance to the east side of Pentz Road, north and south of
Lago Vista Way, for traffic on the Lago Vista approach to approximately 600’ to the north
and 550’ to the south. These sight distance improvements will consist of trimming and/or
removal of existing vegetation to the maximum amount achievable within the public right-
of-way and/or grading along Pentz Road in the public right-or-way, as necessary.
Plan Requirements: The project applicant shall obtain an encroachment permit
Timing: Prior to, or in
conjunction with, recordation
of the first Final Map.
Monitoring: The Butte
County Departments of
Public Works and
Development Services shall
ensure that this
requirement is
implemented prior to
recordation of the first final
map.
49
5.0 MITIGATION MONITORING & REPORTING PROGRAM
Butte County Paradise Summit PUD 08-0001 and TSM 08-0006
April 2012 Final Environmental Impact Report
5.0-23
Project Commitment Timing Monitoring
Verification of
Compliance
Date Initials
from Public Works to conduct trimming and/or removal of existing vegetation within
the public right-of-way and/or grading along Pentz Road in the public right-or-way,
as necessary to achieve adequate sight distance.
50
ORDINANCE NO______
AN ORDINANCE ZONING
A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA,
PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, PURSUANT TO BUTTE COUNTY
CODE SECTION 24-25.40.
The Board of Supervisors of the County of Butte, State of California, under
and pursuant to Section 24-25.40 of the Butte County Code, ORDAINS, as follows:
SECTION l. The hereinafter described area situated in the County of
Butte, State of California, shall be and it is hereby zoned as a PUD (PLANNED UNIT
DEVELOPMENT) District, and such area shall be subject to the restrictions and
restricted uses and regulations pursuant to Butte County Code Section 24-210.
Said area to be zoned PUD is comprised of eight (8) parcels comprised of
assessor’s parcel numbers 055-300-013,038,099,101,102,103,109 and 055-310-023;
containing +333 acres, more particularly described in Exhibit A.
Such area shall be subject to the restrictions and restricted uses and
regulations pursuant to Butte County Code Section 24-210 and the Paradise Summit
Planned Unit Development Regulations, attached as Exhibit B.
In compliance with Butte County Code Section 24-210, the area of this
PUD zone shall include approximately 195 acres of open space to help protect existing
wildlife habitat, other resources and amenities for homeowners within the zoning district
as depicted in Exhibit C. An Integrated Open Space Management Program is a
requirement of the project for ongoing management and use of the open space.
51
SECTION 3. This Ordinance shall be and it is hereby declared to be in full
force and effect from and after thirty (30) days after the date of its passage, and before
the expiration of fifteen (l5) days after its passage, this Ordinance shall be published
once with the names of the members of the Board of Supervisors voting for and against
it in the Oroville Mercury Register, a newspaper published in the County of Butte, State
of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the ______ day of _______, 2012, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
______________________________
Steve Lambert, Chair
Butte County Board of Supervisors
ATTEST: Paul Hahn Chief Administrative
Officer and Clerk of the Board
By _____________________________
Paradise Summit PUD08-0001
Ordinance 52
Title No. 08-413876-6-6D
Locate No. CAFNT0958-0958-0051-0000413876
LEGAL DESCRIPTION
EXHIBIT "Au
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA, COUNTY OF
BUTTE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Parcel I:
A portion of the north half of Section 31, Township 22 North, Range 4 East, M.D.B. & M., more particularly
described as follows:
Commencing at the center quarter corner of said section 31; thence along the south line of the north half of
said section 31, north 88° 26' 18" east, 213.60 feet; thence north 9° 21' east, 350.0 feet to the true point of
beginning for the parcel of land herein described; thence from said true point of beginning, continuing north
9° 21' east, 350.0 feet; thence south 88° 26' 18" west, 2576.88 feet to the centerline of Pentz Road; thence
along said centerline, south 13° 23' 15" west, a distance of 310.60 feet and south 5° 40' 12" west, 43.93 feet;
thence north 88° 26' 18" east, 2596.28 feet to the true point of beginning.
Excepting therefrom an undivided 1/2 interest in all oil, gas, minerals and hydrocarbon substances.
Also excepting therefrom all that portion described in deed to County of Butte, recorded August 16, 1976, in
book 2095, page 537, official records.
Also excepting therefrom that portion lying within "Madre De Oro Unit No.1", which map was recorded in the
Office of the Recorder of the County of Butte, State of California, on December 23, 1983, in Book 91 of maps,
at page(s) 63,64,65 and 66.
Ap no 055-300-102
Parcel II:
A portion of the south half of the north half of Section 31, Township 22 North, Range 4 East, M.D.B. & M.,
more particularly described as follows:
Commencing at the center of said section 31; thence along the south line of the northeast quarter of said
section 31, north 88° 26' 18" east, 213.6 feet; thence leaving said south line, north 9° 21' east, 700.0 feet to
the true point of beginning for the parcel of land herein described; thence from said true point of beginning,
south 88° 26' 18" west, parallel with the south line of the north half of said section 31, a distance of 2576.88
feet to a point in the centerline of the Pentz Road; thence along said centerline, north 13° 23' 15" east, 99.74
feet and north 16° 32' 42" east, 309.46 feet; thence leaving said road centerline, and running parallel with the
north line of the south half of the north half of said section 31, north 88° 31' 16" east, 1163.40 feet; thence
south 5° 35' west, 84.0 feet; thence north 88° 31' 16" east, parallel with said north line, a distance of 1323.28
feet, more or less, to a point which bears north 9° 21' east from the true point of beginning; thence south 9°
21' west, 308.12 feet to the true point of beginning.
Excepting therefrom an undivided 1/2 interest in all oil gas, minerals and hydrocarbon substances.
Also excepting therefrom all that portion described in deed to County of Butte, recorded August 16, 1976, in
book 2095, page 537, official records.
Also excepting therefrom that portion lying within "Madre De Oro Unit No.1", which map was recorded in the
Office of the Recorder of the County of Butte, State of California, on December 23, 1983, in book 91 of maps,
at page(s) 63,64,65 and 66.
Ap no. 055-300-101
Parcel III:
2
ClTA Preliminary Report Form -Modlfled (11/17/06)
53
EXHIBIT "A" (continued) Title No. 08-413876-B-BD
Locate No. CAFNT0958-0958-0051-0000413876
A portion of the north half of Section 31, Township 22 North, Range 4 East, M.D.B. & M., more particularly
described as follows:
Commencing at the center of said section 31; thence along the south line of the northeast quarter of said
section 31, north 88° 26' 18" east, 213.60 feet; thence leaving said south line, north 9° 21' east, 700.0 feet;
thence south 88° 26' 18" west, parallel with the south line of the north half of said section 31, a distance
2576.88 feet to a point in the centerline of the Pentz Road; thence along said centerline, north 13° 23' 15"
east, 99.74 feet and north 16° 32' 42" east, 309.46 feet; thence leaving said road centerline, and running
parallel with the north line of the south half of the north half of said section 31, north 88° 31' 16" east,
1163.40 feet; thence south 5° 35' west, 84.0 feet to the true point of beginning for the parcel of land herein
described; thence from said true point of beginning, north 5° 35' east 404.0 feet to a point 40.0 feet north of
the north line of the south half of the north half of said section 31, as measured at right angles to said north
line; thence parallel with said north line, south 88° 31' 16" west, 22.99 feet to the centerline of Kunkle Creek,
as described in the deed from Wilber G. Chapman, et ai, to Tillman Daley, et ai, dated July 6, 1960 and
recorded July 7, 1960, in book 1066, page 104, official records; thence northeasterly along the centerline of
said Kunkle Creek, being the easterly line of said Daley parcel, and the easterly line of the parcel of land
described in the deed from Wilber G. Chapman, et ai, to S.V. Ellis, dated July 6,1960 and recorded July 7,
1960, in Book 1066, Page 105, official records, to the northeast corner of said Ellis parcel of land on the north
line of said section 31; thence along the north line of said section 31, north 88° 36' 15" east, 1007.23 feet to
the northwest corner of that certain parcel of land described in the deed from Wilber C. Chapman, et ai, to
Homer A. Rue, et ux, dated January 23, 1958 and recorded February 5,1958, in book 924, page 201, official
records; thence along the westerly line of said Rue parcel, south 0° 09' 40" east, 1360.12 feet to an angle
point in said westerly line, and south 9° 21' west, a distance of 365.34 feet to a point which bears north 88°
31'16" east, parallel with the north line of the south half of the north half of said section 31, from the true
point of beginning, thence along said line, south 88° 31' 16" west, a distance of 1323.28 feet, more or less, to
the true point of beginning.
Excepting therefrom all oil, gas minerals and hydrocarbon substances.
Also excepting therefrom that portion lying within "Madre de Oro Unit No.1", which map was recorded in the
Office of the Recorder of the County of Butte, State of california, on December 23, 1983, in Book 91 of maps,
at pagels) 63, 64, 65 and 66.
Also excepting therefrom that portion described as Parcel Two in that joint tenancy deed recorded March 17,
1987, under Butte County Recorder's serial no. 87-09893, being more particularly described as follows:
All that real property Situated in the northwest quarter of Section 31, Township 22 North, Range 4 East,
M.D.B. & M., and being more particularly described as follows:
Beginning at the most southerly corner of lot 33, as shown on that certain map entitled, "Madre de Oro Unit
No.1", which map was recorded in the Office of the Recorder of the County of Butte, State of california, on
December 23, 1983, in Book 91 of maps, at pagels) 63,64,65 and 66; thence north 14° 00' 00" east, along
the easterly boundary of said lot 33, 138.08 feet to the most westerly corner of lot 40 of said subdivision;
thence south 76° 00' 00" east, along the southerly boundary of said lot 40, 100.00 feet; thence south 14° 00'
00" west, 138.08 feet; thence north 76° 00' 00" west, 100.00 feet to the point of beginning.
Ap nos. 055-300-099 and 055-300-109
Parcel IV:
A portion of the north half of Section 31, Township 22 North, Range 4 East, M.D.B. & M., more particularly
described as follows:
Beginning at the center of said section 31; thence along the south line of the northeast quarter of said section
31, north 88° 26' 18" east, 213.60 feet; thence leaving said south line, north 9° 21' east, 700.0 feet; thence
parallel with the south line of said north half of section 31, south 88° 26' 18" west, 2576.88 feet to a point in
the centerline of Pentz Road; thence along said centerline, the following four (4) courses and distances: south
13° 23' 15" west, 310.60 feet; south 5° 40' 12" west, 175.63 feet; south 1° 53' 45" west, 168.99 feet; and
south 14° 41' 45" east, 45.55 feet to the south line of the north half of said section 31; thence along said
south line, north 88° 26' 18" east, 2332.84 feet to the point of beginning.
Excepting therefrom the following described parcel of land:
3
ClTA Preliminary Report Form -Modified (11/17/06)
54
EXHIBIT "Au (continued) Title No. 08-413876-B-BD
Locate No. CAFNT0958-0958-0051-0000413876
Commencing at the center quarter corner of said section 31; thence along the south line of the north half of
said section 31, north 880 26' 18" east, 213.60 feet; thence north 90 21' east, 350.0 feet to the true point of
beginning for the parcel of land herein described; thence from said true point of beginning, continuing north
90 21' east, 350.0 feet; thence south 880 26' 18" west, 2576.88 feet to the centerline of Pentz Road; thence
along said centerline, south 130 23' 15" west, a distance of 310.60 feet and south 50 40' 12" west, 43.93 feet;
thence north 880 26' 18" east, 2596.28 feet to the true point of beginning.
Excepting therefrom an undivided 1/2 interest in all oil, gas, minerals and hydrocarbon substances.
Also excepting therefrom all that portion described in deed to County of Butte, recorded August 16, 1976, in
book 2095, page 537, official records.
Also excepting therefrom that portion lying within "Madre de Oro Unit No.1", which map was recorded in the
Office of the Recorder of the County of Butte, State of California, on December 23,1983, in book 91 of maps,
at page(s) 63,64,65 and 66.
Apn 055-300-103
Parcel V:
That portion of the northeast quarter of Section 31, Township 22 North, Range 4 East, M.D.B. & M., described
as follows:
Beginning at a point on the north line of the northeast quarter of said section 31, which point lies north 880
36' 15" east, 400 feet from the northwest corner of the northeast quarter of said section 31; thence north 880
36' 15" east, along said north line 1625.77 feet to the northeast corner of that parcel of land described in
deed from Everett V. Henry, et ux, to Wilber G. Chapman, et ai, dated March 4,1954 and recorded March 15,
1954, in book 710, page 55, official records; thence south 00 42' 12" west, along the east line of said
Chapman, et ai, parcel, 1352.87 feet to the north line of that parcel of land described in deed from Harry G.
Gray, et ux, to Wilber G. Chapman, et ux, dated May 25, 1951 and recorded June 7,1951, in book 590, page
28, official records, thence north 880 31' 15" east, along said north line of the Chapman, et ux, parcel, 614.23
feet to the east line of the northeast quarter of said section 31; thence south 00 42' 12" west, along the east
line of said northeast quarter of said section 31, a distance of 1351.98 feet to the southeast corner of the
northeast quarter of said section 31; thence south 880 26' 18" west along the south line of the northeast
quarter of said section 31, a distance of 2426.40 feet to a point on said south line, which bears north 880 26'
18" east, 213.60 feet from the center of said section 31; thence north 90 21' east, 1373.46 feet; thence north
00 09' 40" west, 1360.12 feet to the point of beginning.
Excepting therefrom all that portion thereof described as follows:
Commencing at the southeast corner of the northeast quarter of section 31, aforementioned; thence leaving
said point of commencement and running north 000 42' 12" east, along the east line of said northeast quarter
of section 31, a distance of 731.98 feet to the true point of beginning for this description; thence continuing
north 000 42' 12" east, a distance of 620.00 feet; thence south 880 31' 15" west, a distance of 340.00 feet;
thence south 000 42' 12" west, a distance of 620.00 feet; thence north 880 31' 15" east, a distance of 340.00
feet to the true point of beginning for this description.
Also excepting therefrom all oil, gas, minerals and hydrocarbon substances, as reserved in deed recorded
October 23, 1961, in book 1145, page 176, official records.
Ap nos. 055-300-013 and 055-300-038
Parcel VI:
The Southeast quarter of Section 31, Township 22 North, Range 4 East, M.D.B. & M.
Excepting therefrom all oil, gas, minerals and hydrocarbon substances as reserved in Deed recorded October
23, 1961, in Book 1145, Page 176, Official Records.
Together with all that certain real property situate in the County of Butte, State of California, described as
follows:
4
ClTA Preliminary Report Form· Modified (11/17/06)
55
EXHIBIT "A" (continued) Title No. 08-413876-8-8D
Locate No. CAFNT0958-0958-0051-0000413876
All that portion of Parcel 4 as shown on that certain Parcel Map for Attila Kasza as filed with the Recorder of
Butte County, California on July 2, 1993 in Book 129 of Parcel Maps, at Page(s) 82 and 83, lying adjacent to,
parallel with and Northerly of the following described line:
Beginning at the most Westerly corner of Parcel 3, as shown on said Kasza Parcel Map, said pOint also being
on the Easterly right of way of Pentz Road and the beginning of a 20 foot radius curve, concave to the
Southeast from which a line to the radius bears North 79° 51' 20" East and the true point of beginning of the
herein described line; thence Northerly along the arc of said curve, through a central angle of 89° 44' 08", for
a length of 31.32 feet; thence continuing along the North boundary of said Parcel 3, North 79° 35' 29" East,
353.94 feet to the beginning of a 330.00 foot radius curve, concave to the North; thence following Easterly
along the arc of said curve through a central angle of 27° 05' 41" for a length of 156.06 feet to a point on a
reverse 270.00 foot radius curve, concave to the South; thence following Easterly along the arc of said curve,
through a central angle of 3]0 30' 10" for a length of 176.73 feet to the Northeast corner of Parcel 3 of said
Kasza Parcel Map; thence South along the Easterly boundary of said Parcel 3, a distance of 4.51 feet; thence
North 68° 26' 30" East, 271.48 feet: thence North 78° 40' 12" East, 336.35 feet; thence East, 870.65 feet
more or less to a point in the East line of Parcel 4 of said Kasza Parcel Map and the end of the herein
described line.
EXCEPTING THEREFROM any other rights and easements for mining purposes, as granted by that certain
Deed from George H. Taylor, et ux, to M. Gooday, dated September 29,1908 and recorded October 14,1908
in Book 108 of Deeds, Page 338, Records of Butte County.
ALSO excepting therefrom all mineral and mineral rights below the depth of 100 Feet from the surface and
the right to enter upon the surface of lands for the purpose of exploring for mining, extracting and removing
therefrom such ores that may be discovered, and for the purpose of ingress and egress in connection
therewith and the right to drill or sink shafts, holes or other excavations in connection therewith and deposit
mine tailings on said surface, provided however that if such mining operations shall damage or destroy any
crops, buildings or improvements on said land the operator causing such damage or destruction shall pay the
owner of such crops, buildings or improvements for such damage or destruction in a resonable amount. No
milling, crushing or refining facilities shall be constructed or operated on said lands by the grantor, her heirs,
successors or assigns.
TOGETHER with a 60 Foot wide non-exclusive easement for road and public utility purposes lying 30 Feet on
each side of the following described centerline:
That portion of Lot 3 of Section 6, Township 21 North, Range 4 East, M.D.M. more particularly described as
follows:
Beginning at the most Easterly termination point of that certain centerline road easment described in Deed to
Edwin Burgess, et ux as said easement deed was filed with the recorder of Butte County, California on
February 9, 1994 under recorders Serial No. 94-006220 and the TRUE POINT OF BEGINNING of the herein
described centerline easement; thence continuing North 71° 44' 54" East, 4.84 Feet to the beginning of a
tangent 50 Foot radius curve concave to the Northwest; thence following Northeasterly along the arc of said
curve throug a central angle of 71° 38' 51" for a length of 62.52 Feet; thence North 01 ° 06' 03" East, 192.46
Feet more or less to a point in the Northerly boundaty of Section 6.
The sidelines of the above described easement are to be lengthened or shortened to terminate in the
Northerly boundary of said Section 6 and the Easterly boundary of the certain parcel of land described in deed
to Pacific Gas and Electric Company filed with the recorder of Butte County, California on March 17, 1917 in
Book 163 of Official Records at Page 21.
TOGETHER With all that certain real property situated in the County of Butte, State of California described as
follows:
All that portion of Parcel 3 as shown on that certain Parcel Map for Attila Kasza as filed with the recorder of
Butte County, California on July 2, 1993 in Book 129 of Parcel Maps, at Pages(s) 82 and 83, lying adjacent to,
parallel with and Northerly of the following described line:
Beginning at the most Westerly corner of Parcel 3, as shown on said Kasza Parcel Map, said point also being
on the Easterly right of way of Pentz Road and the beginning of a 20 Foot radius curve, concave to the
Southeast; thence Northerly along the arc of said curve, through a central angle 89° 44' 08", for a length of
5
CLTA Preliminary Report Form -Modified (11/17/06)
56
EXHIBIT "A" (continued) Title No. 08-413876-B-BD
Locate No. CAFNT0958-0958-0051-0000413876
31.32 Feet; thence continuing along the North boundary of said Parcel 3, North 79° 35' 29" East, 353.94 Feet
to the beginning of a 330.00 Foot radius curve, concave to the North; thence following Easterly along the arc
of said curve through a central angle 11° 03' 29" for a length of 63.69 Feet to the TRUE POINT OF
BEGINNING of the herein described line; thence leaving the North line of Parcel 3, North 68° 26' 30" East,
262.91 Feet to a point in the East line of Parcel 3 and the end of the herein described parcel of land.
EXCEPTING THEREFROM any other rights and easements for mining purposes, as granted in that certain
deed from George H. Taylor, et ux, to M. Gooday, dated September 29,1908 and recorded October 14, 1908
in Book 108 of Deeds, Page 338, records of Butte County.
ALSO EXCEPTING THEREFROM all minerals and mineral rights below the depth of 100 Feet from the surface
and the right to enter upon the surface of lands for the purpose of exploring for mining, extracting and
removing therefrom such ores that may be discovered, and for the purpose of ingress and egress in
connection therewith, and the right to drill or sink shafts, holes or other excavations in connection therewith
and deposit mine tailings on said surface, provided however that if such mining operations shall damage or
destroy any crops, buildings or improvements on said land the operator causing such damage or destruction
shall pay the owner of such crops, buildings or improvements for such damage or destruction in a reasonable
amount. No milling, crushing or refining facilities shall be constructed or operated on said lands by the
grantor, her heirs, successors and or assigns.
ALSO EXCEPTING to the grantor all those certain mineral described in the deed dated March 3, 1905, by Levi
Cohn to Oroville Water Company, recorded August 26, 1905, in Book 83 of Deeds, Page 238, record of Butte
County, California.
EXCEPTING THEREFROM all that certain real property situate in the County of Butte, State of California
described as follows:
All that portion of the Southeast Quarter of Section 31, Township 22 North, Range 4 East, M.D.M., described
as follows:
Beginning at the center Section corner of said Section 31 as shown on that certain Parcel Map for Attila Kasza
as filed with the recorder of Butte County, California on July 2, 1993, in Book 129 of Parcel Maps at Pagels)
82 and 83; thence South 0° 09' 33" West along the center Section line, 346.77 Feet to the TRUE POINT OF
BEGINNING of the herein described parcel of land; thence East, 350.00 Feet to a point on a line that is 350
Feet Easterly of and parallel with the center Section line as shown on said Kasza Parcel Map; thence South 0°
09' 33" West along said center Section line 1,358.23 Feet; thence North 89! 50' 27" West, 300.00 Feet to a
point on a line that is 50 Feet Easterly of and parallel with said center Section line; thence South 0° 09' 33"
West along said center Section line, 350.00 Feet; thence North 89° 50' 27" West, 50.00 Feet to a pont in said
center Section line; thence North 0° 09' 33" East along said center Section line 1,707.26 Feet to the point of
beginning.
Apn.055-310-023
6
ClTA PrelimInary Report Form -Modified (11/17/06)
57
Exhibit B
Paradise Summit Planned Unit Development
Development Zone Regulations
A. GENERAL DESCRIPTION OF USES WITHIN THE ZONE:
Development within the zone commonly described as the Paradise Summit Planned Unit
Development (PUD) shall be in substantial conformance with approved Tentative
Subdivision Map 08-0006 dated November, 2009 and the Open Space Areas Map shown as
Exhibit C.
1. Allow no more than 312 single-family residential parcels to be developed within an
approximately 137-acre area of the zone.
2. Provide approximately 195 acres of open space to help protect existing wildlife habitat,
other resources and amenities for homeowners within the zoning district. An
Integrated Open Space Management Plan will be developed in consultation with
agencies with jurisdiction to coordinate ongoing management and use of the open
space.
B. ALLOWED USES:
The following permitted uses, uses requiring a use permit, and administrative uses shall
apply within the Paradise Summit PUD Residential areas.
(a) Permitted uses:
(1) One (1) single-family dwelling per parcel.
(2) The use of a single-family residence as a small family day care home, licensed
family care home, foster home, or group home for mentally disordered or otherwise
handicapped persons or neglected children. Said homes shall serve eight (8) or
fewer persons and shall be subject to all applicable state regulations and
limitations.
(3) Pedestrian and bicycle trials
(4) Protection of land from fire, erosion, floods, slides, quakes, insects, diseases and
pollution, including arboretums and natural, experimental and study areas.
(5) The erection, construction, alteration or maintenance of utilities for the said zone.
(6) Pedestrian and non-motorized recreation and open space uses consistent with the
approved Integrated Open Space Management Plan.
(b) Accessory uses:
(1) Those uses and structures normally associated with a single-family residential use
which is in conjunction with or incidental to the residential use, including but not
limited to a garage, workshop, shed, garden, private swimming pool, private tennis
court, gazebo, spa, etc.
(2) A guest house as defined by section 24-305.175 of the Butte County Code.
Paradise Summit PUD08-0001
Ordinance 58
(c) Uses requiring use permits. The following uses are permitted subject to a use
permit:
(1) Public and quasi-public uses.
(2) Nurseries and plant gardens
(3) Wireless communications facilities
(d) Uses requiring a minor use permit. The following uses may be permitted subject
to the requirements of section 24-41 of this chapter:
(1) Large family day care facilities subject to the requirements of section 24-265 of this
chapter.
(2) Bed and breakfast home
(e) Uses requiring an administrative permit. The following uses may be permitted
subject to the requirements of section 24-40 of this chapter:
(1) Home occupations subject to the requirements of section 24-270 of this chapter.
(2) Temporary uses as listed in section 24-300 of this chapter.
(3) Temporary sales tract office.
C. DEVELOPMENT REQUIREMENTS
(a) Site Requirements:
Areas and setbacks listed in the following table are minimum requirements unless
otherwise stated
Lot
Area
Lot
Width
Front Yard Structural
Setback
Side Yard
Setback
Rear Yard
Setback
8,000 + 65' *
20' for garages and accessory
structures
15’ for primary structures,
including covered porches
architecturally integrated with
the primary structure.
5' 15'
*Lots which front on a curved street or on the end of a cul-de-sac shall have frontage of
40’ or more at the front lot line and 65’ or more at the front yard setback line.
(b) Development Phasing Plan. The Paradise Summit PUD will be developed in phases,
with infrastructure improvements and open space measures generally phased
proportionately with the residential development, in substantial conformance with
approved Tentative Subdivision Map 08-0006 and complying with all requirements of
Butte County Code, local, state and federal law.
Paradise Summit PUD08-0001
Ordinance 59
Dedication of the open space consistent with the Planned Unit Development exhibit and
the phased tentative subdivision map as approved is required to be completed in a
sequence that is commensurate with the lots to be recorded and the open space
(consistent with 24-210(e)(2) related to the phase considered for recordation.
Alternative phasing approaches and sequences of recordation, consistent with the
subdivision map and the intent of the Planned Unit Development, may be considered as
determined by and subject to approval by the Public Works Director and the
Development Services Director
(c) Integrated Open Space Management Plan. The Integrated Open Space
Management Program (IOSMP) ensures internal consistency between existing
regulations, and applicable performance criteria established within the Project
Commitments. This IOSMP also identifies the appropriate oversight entities and roles of
each entity/agency. This IOSMP identifies open space management criteria for the
following: Public Access and Recreation; Deer/Wildlife Migration Corridor; and Fuel
Modification (see the Mitigation Monitoring Plan including Project Commitment #8 for a
full description of the requirements of the IOSMP.)
(d) Renewable Heat and Power Option. Developers shall give homebuyers the option
of having renewable heat and power incorporated into new homes consistent with
General Plan Policy COS-P3.5.
Paradise Summit PUD08-0001
Ordinance 60
Exhibit C
Open Space Areas Map
Paradise Summit PUD08-0001
Ordinance 61
SB 610/221
Water Supply Assessment
Paradise Summit Development – Eagle Meadows
Prepared for
Del Oro Water Company
Lime Saddle District
Paradise, California
January 2010
500 First Street, Woodland, CA 95695 Phone #: (530) 661-0109 Fax #: (530) 661-6806
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Table of Contents
Page
SB 610/221 WATER SUPPLY ASSESSMENT
Summary..........................................................................................................................................1
1.0 Introduction...........................................................................................................................2
2.0 Eagle Meadows Project Description.....................................................................................2
2.1 Project Location........................................................................................................2
2.2 Project Land Use Summary......................................................................................2
2.3 Existing Water System Infrastructure & Conveyance..............................................3
2.4 Future Development Requirements ..........................................................................3
3.0 Lime Saddle Regional Intertie Project..................................................................................5
3.1 Lake Intake................................................................................................................5
3.2 Raw Water Conveyance Mainline............................................................................6
3.3 Water Treatment Plant..............................................................................................6
3.4 New 16-Inch Transmission Mainline........................................................................6
3.5 Mid-Zone Storage Tank and Booster Facility ..........................................................7
3.6 System Storage..........................................................................................................7
3.7 Residential Development Infrastructure Improvements...........................................8
4.0 Regulatory Requirements Under SB 610/221 ......................................................................9
4.1 SB 610 Requirements ...............................................................................................9
4.2 SB 221 Requirements .............................................................................................10
4.3 Is the Proposed Project Subject to CEQA?.............................................................10
4.4 Is the Proposed Project a “Project” Under SB 610?...............................................10
4.5 Is the Proposed Project a “Subdivision” Under SB 221? .......................................11
4.6 Will a Public Water System Service the Proposed Project?...................................11
4.7 Is There a Current Urban Water Management Plan That
Accounts for the Project Demand? ................................................................11
4.8 Is Groundwater a Source of Water Supply for the Project?....................................12
5.0 Existing Water Sources and Water Rights..........................................................................14
6.0 Existing Water Quality .......................................................................................................14
7.0 Water Supply Reliability.....................................................................................................15
7.1 Water Shortage Expectations..................................................................................16
8.0 Historical and Projected Water Demand.............................................................................17
8.1 Historic Water Demand..........................................................................................17
8.2 Projected Water Demands.......................................................................................18
9.0 SB 221 Written Verification of Water Supplies.................................................................19
10.0 Conclusions.........................................................................................................................20
10.1 Future Actions........................................................................................................20
11.0 References...........................................................................................................................22
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Table of Contents - Continued
Page
LIST OF TABLES
1. Upper Zone District Historic Groundwater Pumping Rates, 2004-2008..............................13
2. Upper Zone District Projected Groundwater Pumping Rates, 2010-2030 ...........................14
3. District Historic Annual Runoff and Water Demand ...........................................................16
4. Historical Entitlement Allocation Percentages for Municipal Water Supply, 1996-2009....16
5. District Existing Annual Water Demand, 1997-2008...........................................................18
6. District Current and Projected Population, 2000-2030.........................................................18
7. District Projected Annual Water Supply and Demand, 2010-2030......................................19
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Summary
Information for this Water Supply Assessment (WSA) and the design and operation of
the Lime Saddle District facilities to be installed under the Regional Intertie Project have
been based upon information provided by the developer and their engineer, NorthStar
Engineering, the County of Butte, and previous work performed by Luhdorff andScalmanini Consulting Engineers (LSCE). Based on an analysis of the information, this
technical memorandum addresses the following:
1. A determination of the water requirements for the proposed development,
including annual, average day, maximum day, maximum day plus fire, and peakhour demands.
2. Adequacy of source capacity from Lake Oroville including an evaluation of
existing water rights and a determination if additional water supply from Lake
Oroville through Butte County are required.
3. A determination of the adequacy of the lake intake pumping facilities (as
proposed under the Regional Intertie Project) and the intake-to-water treatment
plant conveyance system to provide the requisite capacity for the new
development.
4. A determination of the required modifications that will need to be made to the
water treatment plant for the purpose of providing the requisite capacity for the
new development.
5. A determination of the Lime Saddle District’s existing and proposed (as part of
the Intertie project) storage components to ascertain if adequate storage exists or
will require the addition of system storage for the new development.
6. A review will be made as to the adequacy of the booster facilities (as proposedunder the Regional Intertie Project) to convey fire (as determined by the local fire
suppression agency) and maximum day domestic plus fire or peak hour demand
(whichever is greater) to the proposed development.
7. A determination will be made as to the size of required facilities that will berequired to convey fire and domestic flows to the proposed development from the
nearest point of connection to the DOWC’s Lime Saddle facilities.
Since it is not known when the Paradise Summit development is to be constructed, all
quantities are based on the premise the DOWC system is at maximum capacity (build-out) and the herein described improvements are required to increase the system source
capacity, pumping, conveyance, treatment and storage to provide service to the
Paradise Summit Development.
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1.0 Introduction
The applicant, Mr. Scott Wyckoff of Wyckoff and Associates, LLC, has made application
to the Butte County Department of Developmental Services, on behalf of Eagle
Meadows of Paradise 320 LLC, for the Paradise Summit Subdivision Project. The
Project includes development of a 330 lot, 332.83-acre single-family residentialsubdivision, known as Eagle Meadows, located near the City of Paradise, California. As
required by the California Environmental Quality Act (CEQA), the developer is
conducting an environmental review of the Project, which includes this assessment of
water supply adequacy.
2.0 Eagle Meadows Project Description
2.1 Project Location
The project site is located south of the Town of Paradise on the east side of Pentz Road
and to the west of the Feather River Canyon. The nearest cross street to the
development area is Lago Vista Way and Lindenbaum Lane. The development is
located within the Lime Saddle District service area of the Del Oro Water Company(DOWC) and is contained within eight parcels referenced as Assessors Parcel Numbers
055-300-013, 038, 099, 101, 102, 103, 109, and 055-310-023.
The site is characterized as valley foothill hardwood-conifer habitat with a mixed
chaparral understory, and dominated by mixed oaks, gray pin, and dense shrub. A largewet meadow occurs in the western portion of property and an intermittent stream flows
north to south along the western boundary of the site. Within and adjacent to the wet
meadow are inclusions of fresh emergent wetland, seasonal wetland, and riparian
habitats.
The topography of the project area reveals fairly gentle to moderate slopes (less than
20%) in the center of the site. Along the eastern portion of the site the slope becomes
steeper and in some areas is greater than 30% (toward the West Fork of the Feather
River). The elevation on-site ranges from 1,300 – 1,680 feet above sea level withtopography ranging from flat to moderate slopes.
2.2 Project Land Use Summary
At present the parcels involved in the project development are vacant. This site is
currently zoned AR-1 and AR-2.5 (Agricultural Residential 1 acre and 2.5 acre
minimum). The general plan designation is LDR (Low Density Residential) and AR
(Agricultural Residential). The development proposal includes an application for a
subdivision with a Planned Development (P-D) Designation to allow for clusteringresidences within the 332.83 acres of total development area. This will allow the
proposed project to have flexible lot sizes and cluster the housing development to allow
for an optimum amount of open space. The 330 residential lots are planned to have a
range of single-family homes with a mix of single story and two story homes with
attached 2-3 car garages.
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2.3 Existing Water System Infrastructure & Conveyance
The DOWC presently has two water systems serving the Lime Saddle area. The LowerZone Lime Saddle Marina system serves approximately 55 service connections while
the Upper Zone of the Lime Saddle Marina system has approximately 297 service
connections for a combined total of 352 connections. The Lower Zone Lime Saddle
Marina water system treats water from Lake Oroville, and the Upper Zone of the Lime
Saddle system, further up the ridge, draws water from its own three wells and obtainswater from Paradise Irrigation District via an intertie.
Total annual production for both the Upper Zone and Lower Zone of the Lime Saddle
District has ranged from 45,276,626 gallons in 1998 (138.95 acre-feet) to a high of
93,128,117 gallons in 2008 (285.8 acre-feet). Service connections for that periodranged from 243 to 351 for a calculated average day demand of 727 gallons per day per
service connection (0.5 gallons per minute per service connection or 0.81 acre-feet per
year per connection). Per CDPH Waterworks Standards (§64554), the maximum day
demand is determined by identifying the month with the highest use during the last ten
years, calculating the average use during the month, and multiplying average daily useby a minimum peaking factor of 1.5. Over the past ten years, from 1998 to 2008, the
month with maximum use occurred on August 2005 with a total use of 14,128,417
gallons, or an average daily use of 455,755 gallons or 316 gallons per minute.
Therefore the maximum day demand is equal to approximately 475 gallons per minute,
or 1.35 gallons per minute per service connection, by applying the 1.5 peaking factor.There were not any hourly water use records available, so peak hour flow rates were
estimated by multiplying the hourly flow during the maximum day demand by the CDPH
Waterworks Standards peaking factor of 1.5, equal to approximately 712 gallons per
minute.
2.4 Future Development Requirements
As part of the USE permit process, Butte County has required the developer to addressseveral water supply and infrastructure issues pertaining to DOWC’s ability to serve the
proposed development including: source capacity; lake intake pumping capacity;
requisite treatment plant modifications; system storage (and related booster pump
adequacy); and, the distribution system conveyance capacity. Additionally, the analysis
is to consider the impact of the facilities that are to be installed as part of the RegionalIntertie Project.
Butte County has determined the maximum build-out of the two combined Lime Saddle
District Zones would be initially limited to 500 service connections. This was based on
parcel zoning, available building density per parcel, non-development of property wherethe slope of the land is greater than 30 percent, and required acreage for deer herd
grazing. Thus, the maximum day demand at build-out was determined to be 675 gallons
per minute during the maximum day (500 service connections times the maximum day
demand of 1.35 gallons per minute per service connection).
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Based upon the County determined build-out capacity, the Regional Intertie Project wasdesigned to pump and treat an additional 300 gallons per minute above the existing 200
gallons per minute filtration capacity, for a total treatment capacity of approximately 500
gallons per minute. The increased treatment capacity will provide sufficient water to
meet the maximum day demand for the existing customer base of approximately 350service connections plus an additional 50 future service connections.
However, it is not known when the Paradise Summit development will be constructed,
or in what phases development may occur, nor how the project staging will coincide with
the Regional Intertie Project. Therefore, for the purposes of this memorandum, and thediscussed water supply and infrastructure, it is assumed the project will “stand alone.” Ifthe development is constructed subsequent to system build-out, based on the derived
demand factors above, the proposed new 330 service connections would result in the
additional following demands:
Average day demand.............................= 237,600 gallons per dayAdditional lake water required................= 266 acre-feet per year
Maximum day demand...........................= 446 gallons per minute
Maximum day plus fire flow....................= 1,446 gallons per minute
Peak hourly demand ..............................= 891 gallons per minute
The maximum day plus fire flow of 1,446 gallons per minute consists of the maximum
day demand of 446 gallons per minute from the development project plus the fire flow of
1,000 gallons per minute. The fire flow requirements were set forth by the local fire
suppression agency (per e-mail from Matt Damon, Fire Captain with Cal Fire/ButteCounty Fire, dated September 3, 2008).
As mentioned above, the diversion capacity will need to be increased 266 acre-feet per
year to accommodate the new development. The current size of Butte County’s Lake
Oroville entitlement (with DWR) is 27,500 acre-feet, however the County continues toparticipate in an Entitlement Reduction Program to defer paying for the entireentitlement when the entitlement cannot be utilized. The annual water demand for the
last 3 years for Lower Zone of the Lime Saddle District has been approximately 42 acre-
feet. With the construction of the Regional Intertie Project, the allocation will have to be
increased above the 200 acre-foot allocation, and with the addition of Paradise Summit,the allocation increased further yet. The process for increasing an allocation from thelake is an administrative task, and will require DOWC to apply for an increase utilizing
the general process (and conditions attached thereto) described as follows (per a
transmittal from Butte County on April 20, 2009):
Currently, the County has an allocation of Table A water of 27,500 acre feet at
100% allocation as determined by the Department of Water Resources (DWR).
Del Oro Water Company (DOWC) has a contract with the County to purchase a
portion of that water on an annual basis. Historically, the most water that Del Oro
has purchased is 295 acre feet. The process requires that Del Oro order, from
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the Butte County Department of Water and Resource Conservation, the amount
of water that they want in any year in the preceding September. So water for
2008 was purchased in September 2007. If the water ordered by DOWC is
available, they can purchase it.
Currently, the County’s State Water Project Table A water is subject to cutbacks
annually based on the overall supply as determined by the DWR. The County
requires that Del Oro Water Company consider potential cut-backs when
ordering their water, as they will be responsible to pay for 100% allocation
regardless of the actual amount of water that they receive and they are also
subject to the cut-backs in allocation. At this time, an increase In the amount of
water ordered by local purveyors does not move through the Board of
Supervisors for approval, but it is anticipated that large increases in local use
may trigger additional review by the Board. The Board has shown its support for
local uses of the water through past actions.
From the above response, the amount of the Lake Oroville allocation for this project will
have to be determined at the time of construction, is entirely dependent on the action of
Butte County, and is further dependent on the phasing (and thus demand) of the
development.
3.0 Lime Saddle Regional Intertie Project
Production data and water demand for both the Upper and Lower Zones of the Lime
Saddle District was analyzed for the years on record 1994 through 2006, and was the
basis for sizing improvements to the lake intake, the water treatment plant, water mains,storage tanks and booster facilities, in order to meet the average day, maximum day
(and maximum day plus fire flow), and peak hour domestic flow requirements.
The main objective of the Regional Intertie project is to connect DOWC’s Upper and
Lower Zones of the Lime Saddle District for the purpose of providing treated LakeOroville water to the entire District; thus, eliminating dependence of wheeling DOWC
west branch Feather River water through the Paradise Irrigation District’s (PID) system
to serve the Upper Zone. The construction project also involves expanding the capacity
of the existing water treatment plant and intake at Lime Saddle Marina District. Once
completed, DOWC will be able to utilize the water currently wheeled to the Upper Zonein the Paradise Pines District system, located in the upper ridge area.
3.1 Lake Intake
The current pumping capacity of the lake intake is approximately 300 gallons per minute
with the current rated forward flow capacity of the water treatment plant at 230 gallons
per minute. This is sufficient capacity to service the Lower Zone of the Lime Saddle
District but not to serve both the Upper and Lower Zones of the Lime Saddle District.Under the Regional Intertie Project, proposed modifications to the intake structure and
water treatment plant include the installation of two new carrier casings and pumps,
each with the ability to pump approximately 650 gallons per minute. The inclusion of the
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Paradise Summit Development will require the upgrade of the two intake pumps, eachsized to increase the capacity to meet the additional flow required for the maximum day
demand, or approximately 446 gallons per minute. Thus, each pump will accordingly be
sized to pump approximately 1,100 gallons per minute. The second pump is required for
redundancy.
The facilities installed under the Regional Intertie Project will allow DOWC to serve both
the Upper and Lower Zones, and depending on the timing of the Paradise Summit
Development, may have sufficient capacity to serve some of the Paradise Summit
Development. However, the following infrastructure requirements assume the LimeSaddle District is at build-out at the time the construction of the development proceeds.
3.2 Raw Water Conveyance Mainline
From the lake intake, water is conveyed to the water treatment plant (located within the
Mountain Oaks Subdivision, near Pentz Road), through a 10-inch PVC mainline. The
mainline is currently sized to convey upwards of 1,100 gallons per minute (based on a
pipe velocity of approximately 4 feet per second); therefore, with the inclusion of the
new development, the carrying capacity will be at or near the raw water mainline designlimit but will be adequate to serve the customer base at build-out plus the addition of the
Paradise Summit Development.
3.3 Water Treatment Plant
The current capacity of the Lime Saddle water treatment plant is approximately 230
gallons per minute; sufficient capacity to service the Lower Zone of the Lime Saddle
District, but insufficient to service both the Upper and Lower Zones. The capacity of theplant will be increased to 500 gallons per minute total treatment capacity under the
Regional Intertie Project, and will be sized for future improvements for 500 service
connections. The plant will have to be increased in capacity by the amount of 446
gallons per minute to meet the Paradise Summit maximum day demand. This can be
accomplished by adding an additional filter train, or module, to the plant treatment train.Other modifications at the treatment plant include the replacement or addition of a
booster pump, sized to convey the additional 446 gallons per minute. The
clearwell/storage capacity of the plant, is adequate for the proposed development
including build-out of the system. There is adequate room (the existing and any
proposed facilities “footprint”) on the existing treatment plant site to adequately site theadditional treatment/pumping facilities required for the development.
3.4 New 16-inch Transmission Mainline
Under Phase 1 of the Regional Intertie Project, a new 16-inch diameter pipeline is to be
installed from the water treatment plant to the proposed Mid-Zone Storage Tank and
Booster Facility, a distance of approximately 13,200 feet. The pipeline is sized to
convey the maximum day demand plus fire flow of 1,475 gallons per minute (theexisting maximum day demand of 475 gpm plus the requisite fire flow of 1,000 gallons
per minute), and is sized to accommodate the future development maximum capacity of
446 gallons per minute for a total up to 2,200 gallons per minute. Thus, no increase in
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size of the 16-inch mainline will be required to convey the additional maximum daydemand flows for the proposed development.
3.5 Mid-Zone Storage Tank and Booster Facility
The proposed Regional Intertie Project includes the installation of a 350,000 gallon
storage tank and booster station, designed to transfer water from the Lower Zone, via
the proposed 16-inch mainline, to the Upper Zone storage tank. To convey the
maximum day demand for the development, the booster pump capacity must beincreased by 446 gallons per minute. The proposed booster station will have provisions
(piping and conduits) for an additional pump.
3.6 System Storage
The Lime Saddle District presently has two storage tanks, one surge tank, and one
hydropneumatic tank. Upon completion of the Regional Intertie Project, the system will
have three storage tanks and one relocated hydropneumatic tank. Total system storageis presently 1,718,000 gallons and upon completion of the Intertie project, will have a
combined system storage capacity of 2,068,000 gallons (of which 1,964,600 gallons will
be usable). Required storage is determined by the summation of the various storage
components: operational; fire flow; emergency; and, unusable. A system summary, at
build-out of the Lime Saddle District, is as follows:
1. Operational Storage
Operational storage is the difference between production capacity (which is equal
to the maximum day demand) and the peak hour demand period (generally
considered to be four hours). For Lime Saddle, after completion of the RegionalIntertie, requisite operational storage required will be 114,000 gallons (475
gallons per minute for 240 minutes).
2. Fire Flow Storage
Fire flow storage is equal to the required fire flow rate times the duration of therequired flow or 1,000 gallons per minute for 120 minutes for a total of 120,000
gallons.
3. Emergency Storage
Emergency storage is controlled by regulatory statue and as such, the requiredemergency storage must be equal to one maximum day. For the Lime Saddle
District, one maximum day storage is equivalent to 475 gallons per minute times
1,440 minutes (one day) for a total of 684,000 gallons.
4. Unusable StorageUnusable storage is considered to be equivalent to 5 percent of gross storage
and represents the amount of storage that cannot be utilized due to the location
of the inlet and outlets in the storage tanks.
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5. Total StorageBased upon the above, required storage for the Lime Saddle District is:
Total Storage = (Voperational +Vfire + Vemergency) / 0.95 = (114,000 + 120,000 +
684,000) / 0.95 =966,316 gallons
Given the total storage after the completion of the Regional Intertie Project, the Lime
Saddle District will have 998,284 gallons of surplus storage (1,964,600 gallons usable
minus 996,316 gallons required) With the addition of the 330 units within Paradise
Summit, there will be a required increase in the operational and emergency storagecomponents of the Lime Saddle District. The operational storage would be equal to107,040 gallons (446 gallons per minute times 240 minute) and the emergency storage
would be equal to 642,240 gallons (the maximum day demand of 446 gallons per
minute times 1,440 minutes in one day). Fire storage is already in residency in the other
tanks, so the required additional storage associated with Paradise Summit is:
Total Storage = (Voperational +Vfire + Vemergency) / 0.95 = (107,040 + 0 + 642,240) /
0.95 =788,716 gallons
Storage remaining in Lime Saddle is 998,284 gallons (after the Regional Intertie Projectis completed) minus 788,716 gallons (storage required after the construction of theParadise Summit development) will be equal to a surplus of 209,568 gallons within the
Lime Saddle District. Thus, no additional storage will be required.
3.7 Residential Development Infrastructure Improvements
To conform with regulatory standards, the operating pressures within the proposed
development must have a minimum pressure of 40 pounds per square inch with themainlines sized to convey the fire flow of 1,000 gallons per minute during a maximum
day event. The Upper Zone of Lime Saddle is a gravity system with the hydraulic grade
line of the system dictated by the elevation of the overflow at the Upper Zone storage
tank currently at approximately 1,705 feet MSL. The elevations of the proposed
Paradise Summit development site range from 1,680 feet to 1,520 feet MSL. Thisequates to an operating system pressure ranging from 10 pounds per square inch to 80
pounds per square inch. As minimum acceptable pressure is 40 pounds per square
inch, infrastructure must be installed to increase the operating pressure within the
development. Thus, a transfer tank and booster station will be required to raise system
pressure and pressure reducing valves installed at those portions of the system wherethe resultant pressure exceeds 85 pounds per square inch.
To conform with DOWC standards, and provide adequate size piping to convey
maximum day flow rates plus the fire flow of 1,000 gallons per minute, a mainline of at
least 12-inches in diameter shall be looped through the entire project site with 8-inchand 6-inch mainlines used to serve connecting streets and courts, respectively. Pipeline
material will be AWWA C900 PVC, with a pipe class rating of at least 200 pounds per
square inch. Fire hydrants shall be of the steamer type, of the manufacturer and model
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approved by both the fire suppression agency and DOWC. All water services will bemetered.
To provide adequate flow into the development, piping within the development will have
to be connected to the existing DOWC system along Pentz Road at two locations: LagoVista Way and Lindenbaum Lane.
4.0 Regulatory Requirements under SB 610/221
On October 9, 2001 former Governer Gray Davis signed into law Senate Bill 610
(Chapter 643, Statutes of 2001) and Senate Bill 221 (Chapter 642, Statutes of 2001)which amended state law (California Water Code, and the California Government
Code), effective January 1, 2002, to improve the link between information on water
supply availability and land use decisions made by cities and counties. SB 610 and SB
221 are companion measures, which seek to promote more collaborative planning
between local water suppliers and cities and counties. Both statutes require detailedinformation regarding water availability to be provided to the City and County decision-
makers prior to approval of large development projects.
In addition to the proposed development water supply design and construction
standards pertaining to water supply, additional requirements for the proposeddevelopment are based on the following industry regulations and standards:
1. General Order 103, “Rules Governing Water Service Including Minimum
Standards for Design and Construction” and Rule 15, “ Main Extensions” as
prescribed by the California Public Utilities Commission (CPUC)2. Title 22, Chapter 16, “California Waterworks Standards” as adopted in March of
2008, and as enforced by the California Department of Public Health (CDPH),
Drinking Water Branch
3. The standards set forth under the American Water Works Association (AWWA)
4. The County of Butte5. Butte County Fire District
6. The Standards and Specifications of the Del Oro Water Company
4.1 SB 610 Requirements
Under SB 610, WSAs must be furnished to local governments for inclusion in any
environmental documentation for certain projects (as defined in Water Code 10912)
subject to CEQA. The requirement adds a specific protocol for land use jurisdictions tofollow and consider in evaluating the environmental impacts for a proposed project. In
the present case, a WSA must be included in the Environmental Impact Report (EIR)
prepared for the proposed development. The water supplier must determine, based on
the entire record, whether water supplies projected in the water supply assessment will
be sufficient to satisfy the demands of the proposed project in addition to existing andplanned future uses over a twenty-year planning horizon.
The water supply assessment process under SB 610 is designed to rely on the
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information typically contained in UWMPs, however since there are no UWMPsavailable in the region, site investigation of the water system was performed by LSCE in
order to complete this WSA.
4.2 SB 221 Requirements
SB 221 requires the city or county to include as a condition of approval of any tentative
map, parcel map, or residential development agreement, a requirement that a “sufficient
water supply” be available. Proof of this supply must be on the basis of a writtenverification from the public water system that will serve the development. The city or
county may override the determination of the water supplier only if the city or county has
substantial evidence that the additional water supplies cited in the WSA for the
development project are not properly accounted for or will not be available prior to the
completion of the project. Compliance with SB 221 is intended as a ‘fail safe’mechanism to ensure that collaboration on finding the needed water supplies to serve a
new large subdivision occurs when it should – before development construction begins.
4.3 Is the Proposed Project Subject to CEQA?
Section 10910(a) of the California Water Code states that any city or county that
determines that a project, as defined in Section 10912, is subject to CEQA, shall
prepare a WSA. The Paradise Summit Project requires issuance of permits by the localpublic agency (Butte County) and is, therefore, subject to CEQA.
4.4 Is the Proposed Project a “Project” Under SB 610?
SB 610 has revised Section 10912(b) of the California Water Code to define a “Project”
as meeting the following condition:
§10912(b)
“If a public water system has fewer than 5,000 service connections, then "project"
means any proposed residential, business, commercial, hotel or motel, or industrial
development that would account for an increase of 10 percent or more in the number
of the public water system's existing service connections, or a mixed-use project that
would demand an amount of water equivalent to, or greater than, the amount of
water required by residential development that would represent an increase of 10
percent or more in the number of the public water system's existing service
connections.”
Since the Upper Zone Lime Saddle and Lower Zone Lime Saddle Marina water systemsexisting service connection total is approximately 350, and with the proposed project
development’s addition of 330 service connections, the water system’s expected
doubled meter total easily surpasses the SB 610 requirement of a 10% increase.
4.5 Is the Proposed Project a “Subdivision” Under SB 221?
SB 221 has revised Section 66473.7 of the California Government Code to define a
“Subdivision” as meeting the following condition:
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§66473.7(1)
"Subdivision" means a proposed residential development of more than 500 dwelling
units, except that for a public water system that has fewer than 5,000 service
connections, "subdivision" means any proposed residential development that would
account for an increase of 10 percent or more in the number of the public water
system's existing service connections.”
As explained in the previous section, the combined total of service connections for the
Upper Zone and Lower Zone of the Lime Saddle District is approximately 350, while theresidential development is expected to add an additional of 330 service connections.Therefore, the increase of service connections easily surpasses the SB 221
requirement of a 10% increase.
4.6 Will a Public Water System Service the Proposed Project?
Section 10912(c) of the California Water Code defines a “public water system” as the
following:
§10912(c)
"Public water system" means a system for the provision of piped water to the public
for human consumption that has 3000 or more service connections. A public water
system includes all of the following:
(1) Any collection, treatment, storage, and distribution facility under control of the
operator of the system which is used primarily in connection with the system.
(2) Any collection or pretreatment storage facility not under the control of the
operator that is used primarily in connection with the system.
(3) Any person who treats water on behalf of one or more public water systems for
the purpose of rendering it safe for human consumption.”
The Upper Zone of the Lime Saddle District currently supplies water to the areas within
and around the city limits of Paradise CA, which includes the location for the proposed
development lot. Although the District serves only approximately 350 serviceconnections in the entire Lime Saddle District, Butte County has determined the DOWC
to be defined as a “public water system” under the requirements of Section 10912(c) of
the California Water Code. In addition, the DOWC meets the qualifications of
subsections (1), (2), and (3).
4.7 Is There a Current Urban Water Management Plan That Accounts
for the Project Demand?
For water systems providing water for municipal purposes to more than 3,000
customers, or supplying more than 3,000 acre feet per annum, the Water Code requires
that the water system must maintain an UWMP. However since the water system is notlarge enough and does not supply the necessary amount of water, the District does not
maintain a UWMP. For those water systems that have not adopted an UWMP, the
Water Code requires the following:
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§10910(c)(3)
“If the projected water demand associated with the proposed project was not
accounted for in the most recently adopted urban water management plan, or the
public water system has no urban water management plan, the water supply
assessment for the project shall include a discussion with regard to whether the
public water system's total projected water supplies available during normal, single
dry, and multiple dry water years during a 20-year projection will meet the projected
water demand associated with the proposed project, in addition to the public water
system's existing and planned future uses, including agricultural and manufacturing
uses.”
The California Department of Water Resources has published “Water Year Hydrologic
Classifications Indicies” for wet, dry, above normal, below normal, and critically dry
years in the Sacramento Valley basin. By comparing average annual runoff data for theFeather River watershed with the DWR records of year index classifications from 1906,an analysis of water supply in normal, single dry, and multiple dry water years can be
made. The last DWR classified normal water year occurred in 2003, while from year
2007 to the present, the Sacramento Valley has been dry year classified. Based upon
District operations, wet years are not considered to restrict the water supply. Projectedwater demands and supplies are discussed later in this report.
4.8 Is Groundwater a Source of Water Supply for the Project?
Although surface water from the Paradise and Magalia Reservoirs is used through the
Paradise Irrigation District to serve the Upper Zone of the Lime Saddle service area and
Lake Oroville water is used to serve the Lower Zone, groundwater from three wells in
the Lime Saddle service area is also used to supplement the District’s water supply.Water Code Section 10910(f), subsections 2 through 5, are applicable to the project
since groundwater is considered a part of source of supply for the proposed project.
With respect to Del Oro Water Company’s water supply permit, the CDPH has classified
the District’s source as groundwater and therefore are subject to the requirements of the
California Water Code as follows:
§10910(f)(2)
“A description of any groundwater basin or basins from which the proposed project
will be supplied...”
The groundwater wells for the Upper Zone of the Lime Saddle District are located in the
central portion of the Sacramento hydrologic region. The area is drained by the Feather
River and Butte Creek, upgradient of Lake Oroville, which is located to the south. A
layer of alluvium with varying thickness overlays fractured bedrock of mostly igneous
origin. The District is not required to obtain groundwater-pumping rights for theunderlying groundwater basin, since the basin is not DWR adjudicated.
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§10910(f)(3)
“A detailed description and analysis of the amount and location of groundwater
pumped by the public water system…”
Due to the recent dry years, the District has steadily used less water from itsgroundwater sources and instead purchased water from Paradise Irrigation District.Based from historical use records, Table 1 shows a clear decreasing trend of
groundwater use and increasing use of PID supply by the District for the years 2004
through 2008.
Table 1
Upper Zone Lime Saddle District
Historic Groundwater Pumping Rates, 2004-2008
(in Acre-Feet)
2004 2005 2006 2007 2008
Pump #1 33.4 22.1 34.2 23.7 14.9
Pump #2 19.9 11.2 16.0 5.6 0.0
Pump #3 38.7 41.2 33.5 42.3 39.7
Total
Groundwater
Pumped
92.0 74.5 83.7 71.6 54.7
% Total Water
Pumped 40.1%38.7% 40.2% 30.5% 23.2%
§10910(f)(4)
“A detailed description and analysis of the amount and location of groundwater that
is projected to be pumped by the public water system…”
The available development of groundwater within the Lime Saddle District is very
limited, and as such, the development of additional wells or the enhancement of existing
groundwater sources will not be considered for the proposed development. All water forthe proposed development will require additional surface water diversion from Lake
Oroville. Once the Regional Intertie Project is completed, DOWC plans to phase out use
of groundwater and instead transition to treatment of additional Lake Oroville water.
Replacement wells may be drilled to replace existing wells, however they will primarily
be used as an emergency water supply source. Table 2 shows the projected amount ofgroundwater to be pumped by the District from 2010 through 2030, based on
interpolation of the linear trendline average of groundwater pumping totals observed
from 1997 to 2008. However, as mentioned before, the use of groundwater is expected
to decline as the DOWC shifts to use of treated Lake Oroville water.
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Table 2
Upper Zone Lime Saddle District
Projected Groundwater Pumping Rates, 2010-2030
(in Acre-Feet)
2010 2015 2020 2025 2030
Total
Groundwater
Pumped
58.0 61.4 64.7 68.1 71.4
% Total Water
Pumped 19.5%19.8% 20.1% 20.4% 20.6%
§10910(f)(5)
“An analysis of the sufficiency of the groundwater from the basin or basins from
which the proposed project will be supplied to meet the projected water demand
associated with the proposed project.”
Based upon the present DOWC management conditions and practices, as well as
groundwater pumping data and capacity yields observed from the wells, the CDPH does
not consider the basin to be subject to overdrafting. In addition, since the DOWC plans
to use the wells only during emergency shortages, the wells will not be operated for longperiods of time which may lead to overpumping and long-term yield loss. Therefore
there is no present or anticipated overdraft in the underlying groundwater basin.
5.0 Existing Water Sources and Water Rights
The District currently has three sources of water; a combination of surface water andgroundwater to serve both zones of the Lime Saddle District. The District purchases
water supplies for domestic use from the Paradise Irrigation District (PID) for the Upper
Zone, pumps water from 3 groundwater wells in the Upper Zone, and treats surface
water from Lake Oroville for the Lower Zone. (PID).
The District currently purchases Lake Oroville water to supply the Lime Saddle Marina
District through a contractual water delivery agreement with Butte County. The County
is entitled to divert up to 27,500 acre-feet of water per year from Lake Oroville based
upon a water diversion agreement with the Department of Water Resources (DWR).This entitlement, however, is subject to DWR “Entitlement Allocation Percentages”
based upon the previous year’s precipitation totals and overall state water levels. The
lower the percentage, the less proportionate water is available for delivery to the
County. The lowest recorded percentage issued by the DWR occurred in 1991 for a
total entitlement allocation percentage of 30%. Therefore the total theoretical availablewater for delivery from Butte County in a 1991 cutback percentage year is 8,250 acre-
feet. Upon completion of the Regional Intertie Project, the total treatment capacity will
be increased to 500 gpm, or approximately 807 acre-feet per year, while the future
water demand projected for the Paradise Meadows Development will be approximately
266 acre-feet per year. Therefore the amount of Lake Oroville water available for
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purchase from Butte County easily surpasses the water system projected water demandrequirements of 1073 acre-feet per year (807 AF/Y + 266 AF/Y). DOWC also owns and
operates three wells located in the Upper Zone of the Lime Saddle District which are
available for emergency shortage conditions, and they have historically produced an
average of 75 AF/year. In addition, the DOWC holds a maximum amount of 365 acre-feet of water from the Hendricks Canal in the Stirling Bluffs District, which is locatedapproximately 10 miles north northeast of the Upper Zone of the Lime Saddle District.
Based upon available water use records from the Stirling Bluffs District, the average
annual water demand is approximately 85 AF/year. The remaining 280 AF/year of water
is wheeled down to Paradise Pines District, of which an average of 100 AF of water isused annually. This remaining approximate average of 180 AF/year of water is availableafter treatment through the Paradise Irrigation District. Therefore, the known
approximate total of the District’s available water rights for the combined Upper and
Lower Zones is equal to approximately 255 acre-feet with an additional 27,500 acre-feet
of water supply available for purchase from Butte County for a total of 27,755 acre-feet.In comparison, according to DWR, the 50-year average annual runoff for the FeatherRiver basin to Lake Oroville has averaged 4,620,000 acre-feet. The Lime Saddle District
total water demand of 1486 acre-feet/year (285 AF/Y existing demand + 266 AF/Y
Paradise Meadows Development demand) account to less than 0.03% of the total
watershed runoff.
6.0 Existing Water Quality
The 2008 California Department of Public Health (CDPH) Inspection Report for the Lime
Saddle Marina District notes that the District has reliable sources and supply of high
quality water and the District does not expect water quality to affect its watermanagement strategies or its supply reliability. With respect to the state drinking water
requirements, the CDPH has classified the District’s three well sources as groundwater
not under the influence of surface water and, therefore are not subject to surface water
treatment regulations. Intake water from Lake Oroville is treated in accordance with the
all applicable EPA and CDPH surface water treatment regulations.
7.0 Water Supply Reliability
The DWR has classified the year 2003 as a normal water year, the year 2002 as a dry
year, and the period of 2007-2009 as consecutive dry years. Table 3 presents the totalLime Saddle District water demand versus annual runoff during a normal water year, asingle dry water year, and multiple dry water years.
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Table 3
Lime Saddle District
Historic Annual Runoff and Water Demand
(in Acre-Feet)
Normal Year
(2003)
Single Dry
Year
(2002)
Multiple Dry
Year 1
(2007)
Multiple Dry
Year 2
(2008)
Multiple Dry
Year 3
(2009)
Annual Runoff 4,422,253 3,334,408 2,302,459 2,259,213 *2,910,750
% of Normal Water Year 95.7%72.2%49.8%48.9%63.0%
Total Lime Saddle
District Demand 234.8 250.9 255.3 284.3 **201.4
*As reported by DWR through 10/2009
**As reported by DOWC through 09/2009
7.1 Water Shortage Expectations
The California Department of Water Resources manages the Lake Oroville Dam to
ensure that flows are available from the Feather River year round. In the past events ofbelow average annual runoff from the Feather River Basin or otherwise low lake levels
and low reservoir capacity, the DWR has implemented water supply percentage
cutbacks through the State Water Project (SWP), which has restricted the total amount
of water available for delivery to the Lime Saddle Marina District. Table 4 presents the
percentage allocation issued by the DWR from the year 1996.
Table 4
Lake Oroville - State Water Project
Historical Entitlement Allocation Percentages for Municipal Water Supply 1996-
2009
1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
Entitlement
Allocation 90%100%100%100%90%39%70%90%65%90%100%60%35%40%
As mentioned before, Butte County is entitled to a total of 27,500 acre-feet through the
SWP. However, depending on the severity of the cutback percentage issued by the
DWR, the County may only be granted access to a portion of the entitlement. TheDOWC must consider the severity of potential cut-backs when ordering their water, as
Butte County requires payment of 100% allocation regardless of the actual amount of
water that they receive and DOWC is also subject to cut-backs in allocation. The lowest
allocation ever executed by the DWR has been 30% in 1991. Therefore Butte County
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was able to access 8,250 acre-feet for the year. Although Butte County provides thisallotment of SWP water to a variety of other public/private customers, the remaining
amount of water is sufficient to match DOWC’s total existing and projected water
demands.
The lowest recorded lake level since the Oroville Dam was constructed in 1967,occurred in 1977 in which the lake level was drawn down to 645 feet MSL. The existing
elevation of the inlet of the lake intake piping for the Lime Saddle Marina District rests at
636 feet MSL. Once the Lime Saddle infrastructure improvements are completed, an
additional stretch of intake piping will be installed, with new inlet elevations of 610 feet592 feet MSL respectively.
Overall, the District has an abundant supply of water, sufficient for normal year, single
dry year, and multiple dry year conditions. With many redundant water supplies
available to the District, from groundwater wells to treated Lake Oroville water, and anoption to purchase of water from Paradise Irrigation District, the water system isprepared for drought conditions. The DOWC also implements water conservation
strategies in order to curb excessive use of water during drought shortages.
8.0 Historical and Projected Water Demand
8.1 Historic Water Demand
Total annual production for both the Upper Zone and Lower Zone of the Lime Saddle
District has ranged from 45,276,626 gallons in 1998 (138.95 acre-feet) to a high of
93,128,117 gallons in 2008 (285.8 acre-feet). Service connections for that period
ranged from 243 to 351 for a calculated average day demand of 727 gallons per day per
service connection (0.5 gallons per minute per service connection or 0.81 acre-feet peryear per connection). Per CDPH Waterworks Standards (§64554), the maximum day
demand is determined by identifying the month with the highest use during the last ten
years, calculating the average use during the month, and multiplying average daily use
by a minimum peaking factor of 1.5. Over the past ten years, from 1998 to 2008, the
month with maximum use occurred on August 2005 with a total use of 14,128,417gallons, or an average daily use of 455,755 gallons or 316 gallons per minute.
Therefore the maximum day demand is equal to approximately 475 gallons per minute
by applying the 1.5 peaking factor (or 1.35 gallons per minute per service connection).
There were not any hourly water use records available, so peak hour flow rates were
estimated by multiplying the hourly flow during the maximum day demand by the CDPHWaterworks Standards peaking factor of 1.5, equal to approximately 712 gallons per
minute.
The District currently has long-term wholesale contracts in place to provide treated
water for domestic use to the Upper Zone of Lime Saddle. From 1997 to 2008 theDistrict has received an average of 0.11 MG (132 AF/Y) of treated water from Paradise
Irrigation to serve its customers. The total water delivering capacities of the Upper Zone
and Lower Zone of the Lime Saddle District have averaged .17 MGD (196 AF/Y) and
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0.03 MGD (34 AF/Y) respectively with peak demand reaching up to 0.25 and 0.05 MGDrespectively. Table 5 shows a summary of the average water delivered to the Upper and
Lower Zones of the District from 1997-2008.
Table 5
Lime Saddle District
Existing Annual Water Demand, 1997-2008
(in Acre-Feet)
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Upper Zone 149 127.1 170.5 182.0 201.6 211.8 209.1 229.2 192.6 208.4 234.5 235.2
Lower Zone 0.0 11.9 16.8 24.5 50.9 39.1 37.3 40.0 42.2 46.8 49.8 50.6
Total Use 149.0 139.0 187.3 206.5 252.5 250.9 246.4 269.2 234.8 255.2 284.3 285.8
8.2 Projected Water Demands
The District’s projected water demands include the projected needs of the District’s two
existing Upper Zone and Lower Zone service areas, which will be consolidated upon
completion of the Regional Intertie Project. In order to project total future waterdemands, data from the US Census Bureau was used to calculate an averaged
population growth rate for the Paradise and Magalia areas. Since insufficient data was
available for to project future growth from the past population totals, Butte County was
selected to approximate the growth in the Lime Saddle District service area. From 1980
to 2000, the County population has risen an average of approximately 1% each year.Since the available development area within the city limits of Paradise and Magalia is
limited, due to the canyons on each side of the town boundaries and rough/steep terrain
to the north, population growth is not expected to substantially increase. Table 6
summarizes the population projections for the towns of Paradise and Magalia through
2030 as linearly interpolated from 1980.
Table 6
Lime Saddle District
Current and Projected Population, 2000-2030
2000 2005 2010 2015 2020 2025 2030
Paradise Area 26,408 28,117 29,936 31,873 33,935 36,131 38,469
Magalia Area 10,569 11,253 11,981 12,756 13,582 14,460 15,396
Upon examining past water usage totals from groundwater, surface water, and
wholesale supplier of water, it was determined that water usage has been increasing at
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a rate faster than population growth – at about roughly 10% for each source. Table 7summarizes the total water use projected for the Upper and Lower Zones of the District
through 2030 as linearly interpolated from past water use from the years 1997 to 2008.
Once the Regional Intertie Project has been completed the consolidated system will
have the total projected demands.
Table 7
Lime Saddle District
Projected Annual Water Supply and Demand, 2010-2030
(in Acre-Feet)
2010 2015 2020 2025 2030
Upper Zone Demand 251.3 291.8 332.2 372.6 413.1
Lower Zone Demand 58.8 79.1 99.4 119.7 140.0
*Total Annual Demand
(At Build Out)576.1 636.9 697.6 758.4 819.1
**Total Available Supply 1328 1328 1328 1328 1328
% of Supply 43.4% 48.0% 52.5% 57.1% 61.7%
*Total Annual Demand includes additional 266 acre-feet demand of Eagle Meadows development.**Total Available Supply assumes 100% Lake Oroville treatment plant operating capacity year-round (500 gpm or807 AF/Y), projected future Lake Oroville diversions for Paradise Meadows Development (266 AF/Y), average
groundwater pumped for years 2000-2008 (75 AF/Y), and average remaining Hendrick’s Canal water rights for years2000-2008 (180 AF/Y).
The legal requirements in SB 610 do not specify a particular method to project usagenor are specific water use factors mandated for given land uses. The projected water
demand estimates listed above are based upon water demand percentage growth from
1997 to 2008. These estimates are not guaranteed and may deviate from what has
been projected above.
9.0 SB 221 Written Verification of Water Supplies
Once the Regional Intertie Project is completed, the District plans on decreasing supply
from the Paradise Irrigation District, and groundwater wells in the Upper Zone, and
purchasing additional water through Lake Oroville to serve both Upper and LowerZones. Pursuant to the California Water Code, Section 10910, as demonstrated in thisWSA, the DOWC provides written verification and determination that its projected water
supplies are sufficient to meet the projected annual water demands of existing and
planned use by the Eagle Meadows Development Project during normal, single dry, and
multiple dry years for the next 20 years.
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10.0 Conclusions
From the above analysis, to provide an adequate water supply for the proposed
development will require the following:
1. It is not known when the Paradise Summit development will be constructed or thetiming of the phases. Thus, the required modifications to the system
infrastructure are based solely on the development.
2. DOWC will have to increase its supply of Lake Oroville raw water by 266 acre-
feet from Butte County (with accommodation for anticipated DWR cutbackpercentages) in order to provide adequate source capacity for the development.
3. The lake intake pumps will have to be increased in size and capacity to provide
an additional 446 gallons per minute to meet the maximum day demand of the
Paradise Summit Development.
4. The raw water mainline from the Lake Oroville intake to the water treatment plant
is adequately sized to convey the required water at build-out plus the maximum
day demand for the proposed development. Thus, no modifications or
replacement to the raw water main is required, at this time.
5. Modifications to the water treatment plant will consist of the installation of a
treatment train(s) equal to the maximum day demand. A booster pump will also
be installed to convey the treated water to the Upper Zone and shall be sized to
pump the maximum day demand for the subdivision.
6. No modifications are required to the 16-inch transmission mainline.
7. A booster pump, capable of pumping the maximum day demand for the Paradise
Summit development shall be installed at the Mid-Zone Storage Tank andBooster Facility, to be installed under the Regional Intertie program.
8. As the elevations of portions of the Paradise Summit Development at near or at
the Upper Zone tank overflow, a transfer tank and booster facility shall be
installed at the development to provide adequate operating pressures within thedevelopment.
9. Distribution facilities within the Paradise Summit Development shall conform to
the standards of DOWC and shall consist of a minimum 12-inch looped line with
8-inch and 6-inch mainlines installed within connecting streets. All services willbe metered.
10.1 Future Actions
The District and Butte County will need to adopt this assessment as part of the
environmental review for the proposed Eagle Meadows Development Project, including
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21
the findings described above. Section 10911(b) of the California Water Code states“The city or county shall include the water supply assessment provided pursuant to
Section 10910, and any information provided pursuant to subdivision (a), in any
environmental document prepared for the project pursuant to Division 13 commencing
with Section 21000) of the Public Resources Code.
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22
11.0 References
City of Eureka, 2005,City of Eureka Urban Water Management Plan 2005 Update.
Paradise Irrigation District, 2005,Urban Water Management Plan 2005.
State of California. California Water Code. Sacramento: State of California.
2002,Senate Bill 610. Sacramento: State of California.
2002,Senate Bill 221. Sacramento: State of California.
California Department of Water Resources, 2003,Guidebook for Implementation of
Senate Bill 610 and Senate Bill 221 of 2001.
Del Oro Water Company, Inc., 2007,California Department of Public Health Inspection
Report – Stirling Bluffs District.
Del Oro Water Company, Inc., 2009,California Department of Public Health Inspection
Report – Paradise Pines District.
Del Oro Water Company, Inc., 2008,California Department of Public Health Inspection
Report – Lime Saddle Marina District.
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RESOLUTION 12-09
RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
MAKING RECOMMENDATIONS TO THE BOARD REGARDING
APPROVAL OF PLANNED UNIT DEVELOPMENT PUD 08-0001
AND
APPROVING TENTATIVE SUBDIVISION MAP TSM 08-0006
FOR PARADISE SUMMIT (Wyckoff & Associates, LLC)
WHEREAS, the Planning Commission has considered Tentative Subdivision Map TSM08-
0006 and PUD08-0001 for Wyckoff & Associates, LLC in accordance with Chapter 20,
Subdivisions, of the Butte County Code on eight Assessor’s Parcel Numbers 055-300-013, 038, 099,
101, 102, 103, 109 and 055-310-023; and
WHEREAS, the Planning Commission Certified the Final Environmental Impact Report in
accordance with the California Environmental Quality Act on April 26, 2012; and
WHEREAS, said applications for TSM08-0006 and PUD06-0001 were referred to various
affected public and private agencies, County departments, and referral agencies for review and
comments; and
WHEREAS, a duly noticed public hearing was held on April 26, 2012; and
WHEREAS, the Planning Commission has considered public comments and a report from
the Planning Division; and
WHEREAS, the Planning Commission considered modifications to Condition of Approval
#57 based on input from Butte County Local Agency Formation Commission and #60 based on input
from Butte County Environmental Health as shown in the attached Conditions of Approval found in,
Exhibit 1; and
WHEREAS, for purposes of CEQA and the findings hereinafter set forth, the administrative
record for the Project consists of those items listed in Section 21167.6 (e) of the Public Resources
Code (Chapter 1230, Statutes of 1994) including but not limited to:
a) All application materials and correspondence contained in the Lead Agency’s Project files
(TSM08-0006 and PUD08-0001);
b) The Draft EIR;
c) The Final EIR;
d) All Notices of Availability, the Notice of Determination, staff reports and presentation
materials related to the Project;
e) All studies contained in, or referenced by, staff reports, the Draft EIR, or the Final EIR;
f) All public reports and documents related to the Project prepared for the County and other
agencies;
g) All documentary and oral evidence received and reviewed at public hearings and workshops,
and all transcripts and minutes of those hearings related to the Project; and
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i) For documentary and informational purposes, all locally-adopted land use plans and
ordinances, including, without limitation, general plans, area plans and ordinances, master
plans together with environmental review documents, findings, mitigation monitoring
programs and other documentation relevant to planned growth in the area.
WHEREAS, the administrative record is maintained at the Butte County Department of
Development Services, 7 County Center Drive, Oroville, California, serving as the custodian of the
record; and
WHEREAS, the Planning Commission considered the alternatives evaluated in Draft EIR
Section 6.0 – Alternatives and this includes a reasonable range of alternatives ; and
WHEREAS, Alternative 1 is the No Project/Baseline Condition Alternative, Alternative 2 is
the One Third Reduced Density Alternative, Alternative 3 is the 50 Percent Reduced Density; and
Alternative 4 is the Winter Deer Migration Overlay; and
WHEREAS, Section 6.3 of the Draft EIR provides an analysis comparing the proposed
project with four alternatives. The following categories are analyzed: Aesthetics, Visual Resources;
Agricultural and Forestry Resources; Air Quality; Biological Resources; Cultural Resources;
Geology, Soils, and Seismicity; Greenhouse Gas Emissions; Hazards and Hazardous Materials;
Hydrology and Water Quality; Land Use Planning; Mineral Resources; Noise; Population and
Housing; Public Services; Recreation; Transportation/Traffic; and, Utilities and Service Systems.
Table 6.0-1 of the Draft EIR provides a table-format comparison of the analysis; and
WHEREAS, the Planning Commission finds that the Off-Site Alternative is eliminated from
further consideration. This alternative would consist of developing the entire project on another site
within Butte County and the Paradise area. The Southeast Paradise Specific Plan area as designated
in General Plan 2030 as Specific Plan Overlay include 1,206 acres of unincorporated land west of
State Route 191 and south of Paradise. Developing a similar project on an alternative site would
result in similar project impacts and would simply transfer the impacts to areas surrounding the
alternative site locations. Therefore, this alternative was eliminated from further review based on
Section 15126.6(f)(2), which states that “Only locations that would avoid or substantially lessen any
of the significant effects of the project need be considered in the EIR.” In addition, the project
proponent already owns the project site, and could not reasonably acquire, control or otherwise have
access to the alternative site (Section 15126.6(f)(1)); and
WHEREAS, the Planning Commission rejects Alternative 1 - No Project/Baseline Condition
Alternative, Alternative 2 - One Third Reduced Density Alternative, Alternative 3 - 50 Percent
Reduced Density; and Alternative 4 - Winter Deer Migration Overlay for the following reasons:
a) No Significant Impacts from the Project. The project does not result in significant
unavoidable impacts. With the Project Commitments, all of the project impacts are less than
significant. The purpose of an alternatives discussion is provided in 15126.6(b) Because an EIR
must identify ways to mitigate or avoid the significant effects that a project may have on the
environment (Public Resources Code Section 21002.1), the discussion of alternatives shall focus on
alternatives to the project or its location which are capable of avoiding or substantially lessening
any significant effects of the project, even if these alternatives would impede to some degree the
attainment of the project objectives, or would be more costly.
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b) General Plan Vision. General Plan 2030 envisions up to 335 dwellings on this
property (General Plan 2030 Land Use Element subsection D, pages 66-67). The General Plan EIR
includes buildout of 335 dwellings this project site in the planning horizon of the General Plan.
c) Project Objectives. The following is an outline/comparison of the project objectives
relative to the four alternatives.
Alternative 1 - No Project/Baseline Condition Alternative. This alternative is rejected as it
would not provide for the following Project Objectives:
• Project Objective #1 Develop an economically viable project that is consistent with the Butte
County 2030 General Plan. Alternative 1 would not provide a viable project with residential
development as envisioned by General Plan 2030.
• Project Object #2 Create variable lot sizes and cluster development to allow for an optimum
amount of open space. Alternative 1 would not provide variable lot sizes, cluster
development or designated open space.
• Project Objective #3 Provide additional housing opportunities to local residents. Alternative 1
would not provide additional housing opportunities.
Alternative 2 - One Third Reduced Density Alternative. This alternative is rejected as it will
not provide for the following Project Objective:
• Project Objective #1 Develop an economically viable project that is consistent with the Butte
County 2030 General Plan. Alternative 2 would provide one-third fewer dwellings on the
project site. This would reduce the economic viability of the project.
• Project Objective #3 Provide additional housing opportunities to local residents. Alternative 2
would reduce the housing opportunities by 104 dwellings compared to the Project.
Alternative 3 is the 50 Percent Reduced Density. This alternative is rejected as it will not
provide for the following Project Objectives:
• Project Objective #1 Develop an economically viable project that is consistent with the Butte
County 2030 General Plan. Alternative 3 would provide one-half of the dwellings on the
project site. This would reduce the economic viability of the project.
• Project Objective #3 Provide additional housing opportunities to local residents. Alternative 3
would reduce the housing opportunities by one-half (a reduction of 156 dwellings) compared to
the project.
Alternative 4 is the Winter Deer Migration Overlay. This alternative is rejected as it will not
provide for the following Project Objectives:
• Project Objective #1 Develop an economically viable project that is consistent with the Butte
County 2030 General Plan. Alternative 4 would provide 16 dwelling units on the property.
This would reduce the economic viability of the project.
• Project Objective #3 Provide additional housing opportunities to local residents. Alternative 4
would reduce the housing opportunities by 296 dwellings compared to the project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends to the Butte
County Board of Supervisors that relative the Paradise Summit project, the Board of Supervisors:
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I. Consider the Final EIR, prepared under the California Environmental Quality Act, reflects
the independent judgment and analysis of Butte County, which is the Lead Agency:
II. Find that the collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR
753.5 is required prior to filing a Notice of Determination for the project, 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 the project, the
project will not be operative, vested or final and any local permits issued for the project will
be invalid (Section 711.4 (c) (3)).
III. Adopt an ordinance rezoning the project site to PUD Planned Unit Development provided in
Exhibit 3 to this resolution.
A. The PUD is consistent with the Planned Unit Development Land Use Designation
provided on Page 66 of General Plan 2030 Land Use Element: The Paradise Summit
PUD will determine the mix of uses that will occur in a 333-acre area located
southeast of Paradise. The PUD will limit development to not more that 335
dwelling units in a clustered development pattern.
B. The PUD overall is substantially consistent with the goals and policies of General
Plan 2030 based on the review provided in Exhibit 2, General Plan Consistency
Review and the Final EIR.
BE IT FURTHER RESOLVED, that the Planning Commission:
I. Reviewed and considered the information contained in the Final EIR by certifying it in a
Resolution on adopted April 26, 2012.
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 the required fee is not paid for the project, the project will not be
operative, vested or final and any local permits issued for the project will be invalid (Section
711.4 (c)(3)).
III. Finds Tentative Subdivision Map TSM08-0006 project to be substantially consistent with
applicable Goals and Policies of the Land Use Element of the Butte County General Plan as
provided in Exhibit 2, General Plan Consistency review.
IV. Approves the Phased Tentative Subdivision Map TSM08-0006, subject to the conditions
found in Exhibit 1 and the following findings:
A. The proposed map is substantially consistent with the Butte County General Plan
Goals and Policies as proposed in the General Plan Amendment.
B. The design and improvements of the proposed subdivision are consistent with County
standards and policies provided all conditions of project approval are complied with.
C. The project is physically suitable for the use and density of the proposed development
because the portion of the site proposed for development does not contain steep
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slopes, there are no drainages on the site, and the soils on the site are adequate for an
on-site wastewater collection and treatment facility.
D. The design and improvements of the project will not cause public health or safety
problems, because the project site does not contain any physical characteristics that
could cause health or safety concerns with the provided mitigations.
E. 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.
G. The project site is not located within an earthquake fault zone, a 100-year flood zone,
or an Airport Compatibility Zone. Compliance with Butte County Code Chapter 26
will ensure safety of structures and residents.
G. Approval of this project will not be detrimental to the public health, safety, and
welfare provided the required conditions and mitigation measures are complied with.
H. The project would not cause a significant impact to any residential or agricultural
areas adjacent to the project site.
I. The roads in the project area have the capacity to handle the vehicular traffic
generated by the project.
DULY PASSED AND ADOPTED this 26th day of April, 2012 by the following vote:
AYES: Commissioners Kennedy, Marin, Nelson, Wilson and Chair Becker
NOES: None
ABSENT: None
ABSTAIN: None
_________________________________
Ed Becker, Chair
Planning Commission
County of Butte, State of California
ATTEST:
_____________________________
Kim McMillan, Secretary
Planning Commission
County of Butte, State of California
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EXHIBIT 1
Tentative Subdivision Map for Wyckoff & Associates, LLC, Assessor’s Parcel Numbers:
055-300-013, 038, 099, 101, 102, 103, 109 and 055-310-023 File # TSM08-0006: An
application for a phased Tentative Subdivision Map to subdivide +/-333 acres into 312 single-
family residential parcels varying in size from 8,738 square feet (SF) to 32,099 SF within a +/-
137-acre area of the site, and various lots for open space uses with +/-195 acres of open space.
I. CONDITIONS OF APPROVAL:
Planning Division
1) Air Quality Project Commitment #1: The following measures shall apply to all
development activities on the project site. Additionally, a note shall be placed on a separate
document which is to be recorded concurrently with the map or on an additional map sheet
that states: Dust generated by the development activities shall be kept to a minimum and
retained on-site. Follow the air quality control measures listed below:
Control Dust
a) During clearing, grading, earth moving, excavation, or transportation of cut or fill
materials, water trucks or sprinkler systems are to be used to prevent dust from leaving
the site and to create a crust after each day’s activities cease.
b) During construction, water trucks or sprinkler systems shall be used to keep all areas of
vehicle movement damp enough to prevent dust from leaving the site. At a minimum,
this would include wetting down such areas in the later morning and after work is
completed for the day and whenever wind exceeds 15 miles per hour.
c) Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil
binders to prevent dust generation.
d) On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads.
e) Haul vehicles transporting soil into or out of the property shall be covered.
f) Existing roads and streets adjacent to the project shall be cleaned at least once per day if
dirt or mud from the project site has been tracked onto these roadways, unless conditions
warrant a greater frequency.
g) Other measures may be required as determined appropriate by the BCAQMD or
Department of Public Works in order to control dust.
Post Contact Information
a) Post a publicly visible sign with the telephone number and person to contact regarding
dust complaints. This person shall respond and take corrective action within 24 hours.
The telephone number of the Butte County Air Quality Management District shall be
visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive
Dust Emissions).
Other Construction Practices
a) Maintain all construction equipment in proper tune according to manufacturer’s
specification.
b) Where feasible, give preference to utilizing the following equipment:
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• Electric equipment
• Substitute gasoline-powered for diesel-powered equipment
• Alternatively fueled construction equipment on-site, such as compressed natural gas
(CNG), liquid natural gas (LNG), propane, or biodiesel.
• Equipment that has Caterpillar pre-chamber diesel engines, as practical.
• Diesel construction equipment meeting the California Air Resources Board’s (CARB)
1996 or newer certification standard for off-road heavy-duty diesel engines.
c) Construction workers shall park in designated parking area(s) to help reduce dust
emissions.”
d) Residential wood burning appliances, (including but not limited to fireplaces, woodstoves
and fire pits) shall not be installed or utilized within the development.
2) Air Quality Project Commitment #2: Prior to approval of the first Final Map for
development (not a large lot map), the applicant shall pay emission reduction fees to the
satisfaction of the Butte County Air Quality Management District.
3) Biological Resources Project Commitment #3 (Butte County calycadenia): California
Department of Fish and Game (CDFG) will be given advance notice of impacts to Butte
County calycadenia on the Property, and will be granted access to the site for plant removal
or seed collection.
4) Biological Resources Project Commitment #4 (Red Bluff dwarf rush): Areas known to
support Red Bluff dwarf rush a CNPS list 1B plant, will be avoided with a minimum 100-
foot set-back. During building and fuel break construction, environmentally sensitive area
(ESA) fencing will be placed around avoidance areas including wetlands and known CNPS
listed plant populations.
5) Biological Resources Project Commitment #5 (Pre-Construction Raptor Surveys): Place
a note on a separate document which is to be recorded concurrently with the final map or on
an additional map sheet and on all building and site development plans that states “If
construction occurs between March 1 and September 15, the developer will engage the
services of a qualified biologist to survey the project site and area within 250 feet of the site
for nesting birds of prey and migratory birds, including Loggerhead Shrike and Yellow
Warbler, no more than thirty days prior to the initiation of construction. Results of the pre-
construction survey shall be submitted to the Butte County Development Services
Department.”
a) “If an active nest is located within 250 ft of the project study area, a qualified biologist
will monitor the nest weekly during construction to evaluate potential nesting disturbance
caused by construction activities. The biologist monitoring the site will immediately
notify the Department of Development Services of any potential nesting disturbance
caused by construction activities. The Department of Development Services will have the
authority to stop construction if construction appears to be resulting in nest abandonment
or forced fledging.”
b) “If an active nest occurs in a tree scheduled for removal, the species of bird using the nest
will be determined by the qualified biologist. The biologist making the determination
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will immediately notify the Department of Development Services of any active nest in a
tree scheduled for removal. The nest tree will be preserved until it is outside of the
breeding season for that species or until the young have fledged. If construction cannot
be delayed until the end of the breeding season, guidance from DFG shall be requested.”
6) Biological Resources Project Commitment #6 Oak Tree Replacement and Protection:
A preliminary oak tree canopy analysis based on aerial photo overlays of the proposed
project was conducted for the project site to estimate the total acreage of oak tree canopy
present on-site and the what percentage of canopy would be removed during project
construction. The canopy analysis estimated that approximately 32% of the oak trees on the
site are located within the proposed residential development footprint and that 68% of the
oak tree canopy will be preserved within open space areas (excluding areas of steep slopes).
In addition, oak tree replacement resulting from residential development shall occur onsite
and within the areas proposed for open space and deer/wildlife migration. The following
Oak Tree Replacement and Protection criteria shall be applied to the areas proposed for
residential development. Prior to final map recordation for individual development phases,
the following shall be conducted and included on project Improvement Plans: An Oak Tree
Replacement and Protection Inventory prepared by a certified arborist, registered
professional forester, botanist or landscape architect shall be submitted for review and
approval by the Director of Development Services or his/her designee, and shall be prepared
in accordance with the following:
a) A certified arborist, registered professional forester, or botanist shall prepare
the Oak Tree Replacement and Protection Inventory to identify oak trees that
are deemed suitable for retention. Factors used to assess suitability of existing
oak trees shall include health, location (in relation to proposed improvements
and adjacent residences), and size of the tree. Improvement Plans shall
identify trees to be removed, including trees deemed to be unsafe or
unhealthy;
b) In those areas proposed for residential development, the Oak Tree
Replacement and Protection Inventory shall show the location of all oak trees
deemed suitable for retention, those to be retained, and all oak trees to be
removed, using the factors set out below;
c) Where feasible, the applicant shall minimize the removal of oak trees deemed
suitable for retention;
d) The Oak Tree Replacement and Protection Inventory shall identify the number
of trees that will be replaced per the following standard: A minimum of 3
native oak trees of 5 gallons or larger size shall be planted for each like
species of oak tree removed that is greater than or equal to 5 inches diameter
at breast height (DBH). The trees shall be planted in designated open space
areas and within the Deer/Wildlife Migration Corridor. Plantings within the
Deer/Wildlife Migration Corridor would be required to meet the criteria
established by the California Department of Fish and Game’s letter,
November 10, 2009, refer to Project Commitment #8 for specifics.
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e) The Oak Tree Replacement and Protection Inventory shall identify each oak
tree to be preserved within the residential development areas. All oak trees
that are to be preserved within the residential development areas shall be
surrounded by a tree zone identified by the drip line of the tree. An orange
plastic fence or other suitable type of fence shall be used to identify the tree
zone during construction activities;
f) No vegetation removal, soil disturbance, or other development activities shall
occur within the tree zone in order to protect root systems and minimize
compaction of the soil.
7) Biological Resources Project Commitment #7 (Wetland Permits): Prior to recordation of
the first Final Map, the applicant shall submit written verification that any necessary permits
have been secured from the US Army Corps of Engineers (USACOE) and the Central Valley
Regional Water Quality Control Board (RWQCB) for compliance with Section 404 and
Section 401 of the Clean Water Act as well as a Fish and Game Code Section 1600
Streambed Alteration Agreement from California Department of Fish and Game. If these
permits are not necessary, no additional mitigation is required.
8) Biological Resources Project Commitment #8 (Integrated Open Space Management
Program): Comply with the requirements of the Integrated Open Space Management
Program (IOSMP). The IOSMP ensures internal consistency between existing regulations,
and applicable performance criteria established within the Project Commitments. This
IOSMP also identifies the appropriate oversight entities and roles of each entity/agency. This
IOSMP identifies open space management criteria for the following: Public Access and
Recreation; Deer/Wildlife Migration Corridor; and Fuel Modification (see the Mitigation
Monitoring Plan including Project Commitment #8 for a full description of the IOSMP.)
9) Biological Resources Project Commitment #9 (Notification): Place a note on a separate
document which is to be recorded concurrently with the map or on an additional map sheet
that states: “Potential buyers and subsequent future buyers should be aware that:
a) Homes are located where there will be potentially dangerous wildlife and human
interaction, (i.e., mountain lions, bears and coyotes, etc.) and that the homeowner(s)
assume all risk.
b) Wildlife depredation permits will not be issued for property damage due to wildlife. If
CDFG determines there is a public safety threat, then CDFG will take appropriate
action.”
10) Biological Resources Project Commitment #10 (New Homeowner Educational
Materials Dispersed by HOA): The Homeowners Association will provide Educational
Materials to new home owners, to include:
a) Do not dump lawn clippings or any waste in open space areas. A 35-foot firebreak
setback must be maintained between the rear fence line and buffer plantings.
b) Recommended plantings list for native trees and shrubs should include but are not limited
to: Black oak, Bay laurel, Coffeeberry.
c) Invasive Weed Avoidance website/reference for Kunkle reservoir.
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d) Homeowner/resident education materials or interpretive sign that inform residents about
wildlife and the importance of maintaining ecological connectivity.
e) Homeowner/resident education encouraging residents to stay on designated trails, keep
dogs on leashes, and discourage the harassment of wildlife.
f) Fencing requirements and/or restrictions. If property damage occurs, residents will be
encouraged to use wildlife-proof fencing around gardens and other potential wildlife
attractants.
11) Cultural Resources Project Commitment #11 (Record Note on Final Map re: Site
#1507): Place a note on a separate document which is to be recorded concurrently with any
future map or on an additional map sheet and all building and site development plans that
states: “Disturbance of the easement on historic water feature (CA-BUT-1507-H) is not
permitted, except where separate archeological survey is undertaken and recommended
actions completed, to the satisfaction of the Director of Development Services.”
12) Cultural Resources Project Commitment #12 (Record Note on Final Map re: Site
PS#1): Place a note on a separate document which is to be recorded concurrently with any
future map or on an additional map sheet and all building and site development plans that
states: “Prior to any development or site disturbing activities, the site boundary for PS #1 as
identified in the Archaeological Survey by Sean Jensen dated May, 2009 will be accurately
located through on-site inspection, and designated as an impact avoidance zone on County
development map, except where separate archeological survey is undertaken and Mitigation
Measures completed, to the satisfaction of the Director of Development Services.”
13) Cultural Resources Project Commitment #13 (Standard for Cultural Finds): Place a
note on a separate document which is to be recorded concurrently with any future map or on
an additional map sheet and all building and site development plans that states: “Should
grading activities reveal the presence of 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 150 feet of the find shall cease immediately
until a qualified professional archaeologist can be consulted to evaluate the resources and
implement appropriate mitigation procedures. Should human skeletal remains be
encountered, State law requires immediate notification of the County Coroner. Should the
County Coroner determine that such remains are in an archaeological context, the Native
American 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.”
14) Geologic Processes Project Commitment #14 (Geologic Processes): Prior to any grading
on the site, a Construction Storm Water Permit will be required by the State Water Resources
Control Board if the project results in a 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. If a Construction Storm Water Permit is
required, place a note on an additional map sheet that states: “The development of this Final
Map require 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
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development, also require a permit. Development of individual lots may require an
additional permit(s).”
15) Hydrology and Water Quality Project Commitment #15 (Permanent Solution to
Drainage): Prior to recordation of the final map, a plan for a permanent solution for
drainage shall be submitted to and approved by the Department of Public Works. The
drainage plans shall detail existing drainage conditions and shall specify how drainage waters
shall be detained or retained onsite and/ or conveyed to the nearest natural or publicly
maintained drainage channel or facility and shall provide that there shall be no increase in the
peak flow runoff to said channel or facility. If storm drainage facilities serve new public
roads, the developer must complete the formation of a county service area (CSA), zone of
benefit within a permanent road division (PRD), or other Department of Public Works
approved entity prior to recordation of the final map. The formation process will require the
developer to fund the service until the beginning of the first fiscal year in which service
charges can be collected and agree to an annual maximum service charge to ensure continued
operation of the facilities.
16) Noise Project Commitment #16 (Construction Noise): Place a note on a separate
document which is to be recorded concurrently with the final map or on an additional map
sheet that states: “To reduce construction-generated noise the developer shall implement the
following measures to mitigate construction noise throughout all construction periods:
a) Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no construction
activity on Sundays or holidays;
b) Use best available noise suppression devices and properly maintain and muffle diesel
engine-driven construction equipment;
c) Construction equipment shall not be idled for long periods of time;
d) Locate stationary equipment as far as possible from sensitive receptors;
e) Designate a Disturbance Coordinator and post the name and phone number of this person
conspicuously at the entrance(s) to the project site so it is clearly visible to nearby
residents most likely to be affected by construction noise. This person would manage
complaints resulting from construction noise. The Disturbance Coordinator shall contact
noise sensitive receptors and advise them of the schedule of construction.”
17) Public/Fire Services Project Commitment #17 (Wildfire Disclosure): Prior to the
recordation of the final map, Covenants, Conditions and Restrictions (CC&Rs) of the project
shall be prepared to disclose to future homeowners that their homes are located within a Very
High Fire Hazard Severity Zone. The Home Owners Association (HOA) will provide
educational materials to all new homeowners describing how to reduce wildfire risks what
actions to take should a wildfire occur in the vicinity, and disclose to residents that no
residential wood burning appliances, (including but not limited to fireplaces, woodstoves and
fire pits) shall be installed or utilized within the development.
18) Transportation Project Commitment #18 (Lago Vista Sight Distance): Prior to, or in
conjunction with the recordation of the first Final Map, the project proponent shall increase
sight distance to the east side of Pentz Road, north and south of Lago Vista Way, for traffic
on the Lago Vista approach to approximately 600’ to the north and 550’ to the south. These
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sight distance improvements will consist of trimming and/or removal of existing vegetation
to the maximum amount achievable within the public right-of-way and/or grading along
Pentz Road in the public right-of-way, as necessary.
19) New development shall meet the guidelines of the California Energy Star New Homes
Program, or equivalent, and demonstrate detailed energy conservation measures consistent
with General Plan Policy COS-P4.3.
20) Construction barrier fencing shall be installed around sensitive resources on or adjacent to
construction sites. Fencing shall be installed prior to construction activities and maintained
throughout the construction period consistent with General Plan Policy COS-P7.7.
21) Where sensitive on-site biological resources have been identified, construction employees
operating equipment or engaged in any development-associated activities involving
vegetation removal or ground disturbing activities in sensitive resource areas shall be trained
by a qualified biologist and/or botanist who will provide information on the on-site biological
resources (sensitive natural communities, special status plant and wildlife habitats, nests of
special-status birds, etc.), avoidance of invasive plant introduction and spread, and the
penalties for not complying with the biological mitigation requirements and other State and
Federal regulations consistent with General Plan Policy COS-P7.8.
22) A biologist shall be retained to conduct construction monitoring in and adjacent to all
habitats for protected species when construction is taking place near such habitat areas
consistent with General Plan Policy COS-P7.9.
23) Developers shall give homebuyers the option of having renewable heat and power
incorporated into new homes consistent with General Plan Policy COS-P3.5.
24) If redesign/substantial modification of the PUD trail system is proposed, the Paradise
Recreation and Park District will be consulted regarding recreational facilities appropriate to
the site, and the modification will be processed consistent with Butte County Code 24-210
PUD (Planned Unit Development), or as amended.
25) Minimum architectural standards will be established in the form of CC&R’s to achieve
quality construction standards similar or better than those of the Madre de Oro subdivision,
subject to review by the Paradise Summit Home Owners Association’s Architectural Review
Committee.
26) Existing road and PUE easements must be abandoned, quit claimed, or relocated prior to
recordation of the final map. This provision does not apply to easements establishing or
facilitating uses consistent with the adopted Planned Unit Development Ordinance for the
project or PG&E easements.
27) Tentative approval of TSM08-0006 is conditioned upon approval of the Paradise Summit
Planned Unit Development Ordinance (PUD08-0001) and Water Supply Assessment by the
Board of Supervisors and is not operative or entitled until the PUD08-0001 is approved by the
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Board of Supervisors. Development of the subdivision map shall be consistent with the
requirements of the Final EIR; Mitigation Monitoring and Reporting Plan; Air Quality BAMMs
#5, 10, 25, 27 and 14; and the Planned Unit Development Ordinance as adopted by the Board of
Supervisors.
Public Works
28) Construction equipment shall use Lindenbaum Lane for staging, ingress and egress, to the
extent practical.
29) All access rights shall be reserved by deed per county ordinance, offered for dedication, and
depicted on the final map. Place the following note on the final 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.
30) Prior to the recordation of the final map, provide approved access conforming to county code
to each parcel from a publicly maintained road.
31) Prior to recordation of the final 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 final map. A minimum of five alternate
names for each new street shall be submitted.
32) Prior to final road inspection, install all necessary traffic safety signs including stop signs.
33) Prior to the recordation of Phase 1 of the final map, obtain an encroachment permit and
construct a standard S-18A road approach in accordance with county improvement standards.
Adequate sight distance at the intersection of Lindenbaum Lane and Pentz Road shall be
provided. Right-of-way required for construction of road approach and roadside drainage
shall be provided.
34) Prior to the recordation of Phase 1 of the final map, obtain an encroachment permit and
improve sight distance at the intersection of Lago Vista Way and Pentz Road to provide a
minimum of 550 feet of stopping sight distance in each direction.
35) Prior to the recordation of Phase 1 of the final map, construct or provide a performance bond
and labor and material bond for the construction of a left turn pocket on Pentz Road at the
intersection of Lindenbaum Lane. Submit design to the Land Development Division for
approval prior to construction.
36) Provide cul-de-sacs designed and constructed as specified in the county improvement
standards. The final map shall show the cul-de-sacs.
37) Prior to the recordation of Phase 1 of the final map, construct or provide a performance bond
and labor and material bond for the construction of a full street section on Lindenbaum Lane
to a PS-6 Paradise urban standard with curb, gutter, no sidewalk, 3″ AC, 12″ AB, prime coat,
fog seal and 95% relative compaction. Construct a full street section on Street “A” within
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the Phase 1 boundary to a PS-5 Paradise urban standard with curb, gutter, sidewalk, 3″ AC,
12″ AB, prime coat, fog seal and 95 % relative compaction. Construct a full street section on
all other interior roads within the Phase 1 boundary to a PS-4 Paradise urban standard with
curb, gutter, sidewalk, 3″ AC, 12″ AB, prime coat, fog seal and 95 % relative compaction.
Submit design to the Land Development Division for approval prior to construction. “R”
value determination and other data may be required to support the section design. Form a
zone of benefit or other approved maintenance entity within the county’s permanent road
division for operation and maintenance of Lindenbaum Lane and interior streets and storm
drain facilities for the entire project, phases 1 through 7.
38) Prior to the recordation of Phase 1 of the final map, construct or provide a performance bond
and labor and material bond for the construction of a full street section on Street “D” from
the intersection of Street “C” to the property boundary of Lago Vista Way to a PS-4 Paradise
urban standard with curb, gutter, sidewalk, 3″ AC, 12″ AB, prime coat, fog seal and 95 %
relative compaction. Install a gate approved by Cal Fire and the Public Works Department
west of the intersection of Street “C” and east of the property boundary of Lago Vista Way.
Install a cul-de-sac designed and constructed as specified in the county improvement
standards prior to and east of the gate. The road right-of-way up to the end of cul-de-sac is to
be county maintained. The road right-of-way west of the cul-de-sac and east of the property
boundary of Lago Vista Way, including the gate, is to be privately maintained and offered for
dedication to the county. Submit design to the Land Development Division for approval
prior to construction. “R” value determination and other data may be required to support the
section design.
39) Prior to the recordation of phases 2, 3 and 4 of the final map, construct or provide a
performance bond and labor and material bond for the construction of a full street section on
Street “A” within the respective phased boundary to a PS-5 Paradise urban standard with
curb, gutter, sidewalk, 3″ AC, 12″ AB, prime coat, fog seal and 95 % relative compaction.
Construct a full street section on all other interior roads within the respective phased
boundary to a PS-4 Paradise urban standard with curb, gutter, sidewalk, 3″ AC, 12″ AB,
prime coat, fog seal and 95 % relative compaction. Submit design to the Land Development
Division for approval prior to construction. “R” value determination and other data may be
required to support the section design.
40) Prior to the recordation of phases 5, 6 and 7 of the final map, construct or provide a
performance bond and labor and material bond for the construction of a full street section on
interior roads within the respective phased boundary to a PS-4 Paradise urban standard with
curb, gutter, sidewalk, 3″ AC, 12″ AB, prime coat, fog seal and 95 % relative compaction.
Submit design to the Land Development Division for approval prior to construction. “R”
value determination and other data may be required to support the section design.
41) Street lighting shall be provided in accordance with Butte County requirements, accepted
design criteria, and recommendations of Pacific Gas & Electric Company. Where the
County has determined that it is not detrimental to health and safety, the developer may
choose to only install electrical outlets for streetlights. If streetlights are to be installed, the
annual energy costs shall be funded through a county service area (CSA), zone of benefit
within a permanent road division (PRD), or other entity as approved by the public works
director for the entire project, phases 1 through 7. The developer must complete the
formation of the CSA, zone of benefit within a PRD, or other approved entity prior to
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recordation of the first final map. The formation process will require the developer to fund
the service until the beginning of the first fiscal year in which service charges can be
collected and to agree to an annual maximum service charge to ensure continued operation of
the facilities.
42) Prior to recordation of each phase the final map, provide circulation in conformance with
County Code Section 20-133.
Drainage
43) Prior to recordation of final map, a plan for a permanent solution for drainage shall be
submitted to and approved by the Department of Public Works. The drainage plans shall
detail existing drainage conditions and shall specify how drainage waters shall be detained or
retained onsite and/ or conveyed to the nearest natural or publicly maintained drainage
channel or facility and shall provide that there shall be no increase in the peak flow runoff to
said channel or facility. If storm drainage facilities serve new public roads, the developer
must complete the formation of a county service area (CSA), zone of benefit within a
permanent road division (PRD), or other Department of Public Works approved entity for the
entire project, phases 1 through 7, prior to recordation of the first final map. The formation
process will require the developer to fund the service until the beginning of the first fiscal
year in which service charges can be collected and agree to an annual maximum service
charge to ensure continued operation of the facilities.
44) Detention facilities shall be at least 100 feet from the southern property line.
45) Prior to final improvement inspection by the Department of Public Works, all new drain
inlets shall be labeled with the county approved drain marker per county standard S-40.
Improvement plans shall show and/or note the requirements for labeling inlets pursuant to
county standard S-40.
46) Prior to grading, a construction storm water permit will be required by the State Water
Resources Control Board if the project results in a 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. If a construction storm water
permit is required, place a note on an additional map sheet that states: “The development of
this final 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).”
Final Map
47) Show all easements of record on the final map.
48) Prior to or concurrently with the recordation of the final 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.
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49) Pay the recording fees in effect at the time the final map and related documents are recorded.
50) Prior to or concurrently with the recordation of the final map, annex subdivision to
countywide community facilities district or equivalent.
51) Prior to recordation of the first final map, a soils report for the entire project, phases 1
through 7, prepared by a registered design professional and based upon adequate testing shall
be submitted to the Department of Public Works Land Development Division and
Department of Development Services Building Division for review and approval.
CalFire/Butte County
52) 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.”
53) Prior to construction, a pressurized community water system for fire protection is required.
Bonding may be allowed with the approval of the County Fire Chief. Average required
hydrant spacing is 500 feet, hydrant size 6 inches, and residual fire flow of 1,000 gpm
(gallons per minute). Fire hydrant identification, road reflectors or post reflectors acceptable
to the County Fire Chief shall be installed or bonded, prior to final map recordation. Submit
pans to the Fire Department for review and approval prior to construction.
54) Place a note on a separate document, which is to be recorded concurrently with the 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.
55) Prior to recordation of the First Final Map, a fire services funding plan shall be submitted to
and approved by Butte County Fire Department/CAL FIRE. The fire services funding plan
shall specify the project contribution to maintaining County-wide compliance with the
Deployment Performance Standards. This is based on the Butte County Fire Department
Deployment Performance Standards as presented to the Board of Supervisors on August 19,
2008 and as amended and General Plan 2030 Policy PUB-P2.2 stating that the adopted
Standards of Cover for fire protection shall be maintained and implemented.
Environmental Health Division
56) Prior to recordation of each Final Map, provide community wastewater collection, treatment
and dispersal facilities in compliance with California State Regional Water Quality Control
Board, the Butte County Code, California Health and Safety Code, federal law, and other
applicable codes and regulations governing the design, construction and operation of the
facilities.
57) Prior to recordation of each Final Map, either annex into an existing or establish a sanitation
district or other legal wastewater management oversight entity acceptable to the Butte
County Departments of Public Health and Public Works adequate to ensure the operation,
maintenance and repair and replacement of the sewage collection, treatment, and disposal
facilities. At a minimum, the oversight entity shall:
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a. Ensure financing of operation, repair and maintenance
b. Provide qualified individuals and operational procedures for facility operation, repair
and maintenance
c. Provide adequate resources to comply with all monitoring and other Regional Water
Quality Control Board Waste Discharge Requirements.
d. Provide adequate resources for facility inspection and reports.
e. Provide adequate resources and/or mechanism to ensure adequate funding of a major
sewage treatment and disposal facility replacement or reconstruction if necessary.
f. Provide a liability risk assessment for review by the County of Butte.
g. Indemnify the County of Butte and community services district or other government
entity for all claims and liability that may occur relative to the wastewater treatment
and dispersal facilities.
58) Place a note on the final map or on an additional map sheet that states, “Development of Lots
1 though 312 will require connection to the community sewer system.”
59) Place a note on all final maps or on an additional map sheet that states, “Development of lots
1 though 312 will require connection to a public water supply.”
60) Prior to any Final Map Approval, provide a willing and able to serve letter from the water
provider that assures minimally the following:
a. evidence that the proposed water provider has secured an adequate 20-year supply of
water for the development.
b. that the size and capacity of the intact pump’s in Lake Oroville are sufficient to pump
the supply needed by the development in addition to the water system’s present
requirements
c. that the capacity of the water treatment plant is adequate to properly treat the water
needed to supply the development in addition to the water provider’s existing water
demand requirements
d. that additional booster pumps are provided in the water provider to lift the required
minimum water supply to the development
61) Prior to each Final Map Approval, obtain complete plans approval and all necessary permits
for all the internal water conveyance infrastructure improvements in the development.
Processing Fees
62) Prior to recordation of the Final Map, pay any outstanding project-related processing fees,
and/or Department of Fish and Game fees.
63) Mitigation Monitoring fees as required under the county fee ordinance related to the costs for
staff time in implementing the mitigation monitoring plan for compliance with the Project
Commitments as proposed in the project description
County Counsel
64) If this entire matter or any finding, action or condition of this matter is challenged in any
other action or forum, the applicant or any other developer/operator other than the applicant
agrees to defend, indemnify and hold harmless the County of Butte from liability or loss
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related to the approval of this project in the subsequent action or forum and agrees to sign an
indemnification agreement in a form approved by County Counsel.
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.
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LAND USE ELEMENT (General Plan 2030 pages
37-90)
GOAL LU-3 Create communities where there
is a sense of well-being where families and
neighbors can socialize, interact and play.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
LU-P3.1The County shall encourage connectivity
and a sense of community in all newly developed
neighborhoods.
Consistent. The project includes a clustered design
concept with open space as a central theme.
LU-P3.2 Newly-developed neighborhoods shall
include parks and recreation facilities. Sidewalks,
bike paths and other routes shall provide circulation
to surrounding areas.
Consistent. The project has a designated
pedestrian trail system along the western boundary
of the proposed residential parcels. Passive
recreation use will be allowed within the designated
open spaces areas; although limited to the
restrictions identified in the Project Commitments.
The project roadways will be constructed to County
standards for residential local streets with sidewalks.
LU-P3.3 Newly-developed neighborhoods shall
create a safe environment by providing adequate
lighting and clearly-marked crosswalks.
Consistent. The conditions of approval require
installment of the light fixture bases so that street
lighting can be installed if needed. Crosswalks are
not required under the improvement standards for
typical residential subdivision streets.
GOAL LU-4 Provide high-quality housing in a range
of residential densities and types.
Consistent. The project will provide residential
densities consistent with the General Plan Land Use
Designation with lot sizes ranging from
approximately 8,000 to 33,000 square feet. See
policy review below.
LU-P4.1 The integrity and stability of existing
residential neighborhoods shall be promoted and
preserved.*
Consistent. The project includes a gate at the
secondary road Lago Vista Way and installing speed
bumps to discourage drivers from using Lago Visa
Way. Additionally, the project PUD ordinance does
not include second dwelling units as a permitted
use. The applicant included this to address
neighboring property owner concerns regarding the
existing neighborhood. (see H-P2.6)
LU-P4.2 Residentially-designated land shall be
developed at or above the minimum density range
established by the land use designation for a given
area or parcel.
Consistent. There are no minimums set in the
General Plan PUD designation. The project is being
developed slightly below the maximum density of
335 dwellings with 312 dwelling units in the project.
GOAL LU-9 Coordinate land development with
provision of new services and infrastructure
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
LU-P9.1 The County shall work with municipalities
and service providers to ensure that services are
available for new development and consistent with
master plans.
Consistent. The County and Del Oro Water
Company are working together to provide water to
the project development through the County's Table
A water resources. The project development is also
consistent with Del Oro Water Company’s master
plan.
LU-P9.2 The County shall balance development
densities with the traffic-carrying capacities of
existing and proposed circulation plans.
Consistent. The traffic generated from the project
development is within the traffic-carrying capacities
of existing and proposed circulation plans as
outlined within the 2030 General Plan.
LU-P9.4 Applicants shall provide evidence of
adequate infrastructure capacity to serve the
projected buildout of proposed development
projects.
Consistent. The applicant provided a number of
reports including a drainage concept report, report of
waste discharge for wastewater treatment, a water
supply assessment (SB221/610), and a traffic study
addressing related infrastructure.
LU-P9.5 New development projects shall provide Consistent. The project development is providing
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their own infrastructure or tie in to existing
infrastructure as it is built.
their own sewer system and infrastructure, drainage
infrastructure, and will be connecting with Del Oro
Water Company for water.
LU-P9.6 Large development projects, as determined
by the Department of Development Services that
may not be served at adequate levels by existing
pubic services (e.g. staffing, equipment and
facilities) shall be subject to additional fiscal review
before gaining full entitlements to develop. The
applicant shall prepare a fiscal impact analysis that
identifies any fiscal mitigation measures needed to
ensure that the County will be able to maintain
adequate service levels and fiscal sustainability.
Consistent. The applicant is required to participate
in funding program for Fire services in Butte County,
pay applicable fees at the time of Building permit
and pay fees to the Butte County Air Quality
Management District.
GOAL LU-10 Ensure that services and infrastructure
are adequately funded.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
LU-P10.1 The County shall consider the
creation of additional assessment districts, county
service areas and/or special districts to fund and
manage new and improved infrastructure.
Consistent. Conditions of approval require the
participation in a funding mechanism for
maintenance of facilities.
LU-P10.2 New development projects shall
pay their fair share of public improvement costs for
countywide infrastructure, facilities, and services,
and shall fund needed infrastructure and facilities
proportionately to the cost of providing infrastructure
and services.
Consistent. County impact fees and service fees
are required when applicable, such as, the building
permit stage of development.
LU-P10.3 Applicants for new development
projects that will not be adequately served by
existing infrastructure and facilities and/or through
the adopted countywide impact fee program shall
prepare a public facilities financing plan that
identifies the needed public improvements and
establishes a plan to pay for and develop the
required public improvements.
Consistent. County impact fees and service fees
are required when applicable, such as, the building
permit stage of development.
LU-P10.4 Applicants for development
projects requiring major discretionary approvals, as
determined by the Department of Development
Services, shall negotiate development agreements
with the County to ensure that the County's interests
will be protected. Terms of development
agreements shall be negotiated on a case-by-case
basis and shall be commensurate with a project's
anticipated impacts. All development agreements
shall include sunset provisions if development
projects do not proceed in a timely manner.
Not consistent. There is no development agreement
associated with the project application. The project
includes a Planned Unit Development rezone
application along with a Tentative Subdivision Map.
The Planned Unit Development application is
implemented through a project specific ordinance
allowing the County and applicant additional
discretion to create zoning designations and uses
specific to the project.
LU-P10.5 Where development is likely to
occur after annexation to a municipality, negotiate
revenue sharing agreements, either on a master
revenue sharing agreement basis or on a case-by-
case basis, to ensure that if municipalities annex
unincorporated areas, the County will have access
to adequate revenues to maintain countywide
services that will extend to new development in the
municipalities.
Consistent. The project is located within the Town
of Paradise Sphere of influence. While there are no
plans identified for annexation, the County
coordinated review of the project with the Town.
GOAL LU-11 Effectively coordinate planning efforts Consistent. The County coordinated project review
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with the municipalities.
with the Town of Paradise.
LU-P11.1 The County shall continue to collaborate
on planning and building within the municipalities'
sphere of influence in order to establish consistent
development standards.
Consistent. The County coordinated project review
with the Town of Paradise.
LU-P11.4 Staff shall also refer all County General
Plan amendments, Zoning Code amendments, and
development projects within a municipality's General
Plan Planning Area to that municipality for review
and comment.
Consistent. The County circulated the project and
environmental documents for review by the Town of
Paradise.
HOUSING ELEMENT (Butte County General Plan
Pages 91-114)
GOAL H-1 Provide for the County's regional share
of new housing for all income groups and future
residents as identified in the Housing Needs
Assessment.
Consistent. The project is part of the overall housing
needs for the County.
H-P1.2 Focus development in the unincorporated
areas of the spheres of influence of the cities to
accommodate the County's housing allocation.
Consistent. The project is located in the Town of
Paradise’s Sphere of Influence.
H-P1.3 Work to transfer portions of the County's
Regional Housing Needs Allocation to cities in
conjunction with annexations and when cities are
more able to provide urban services needed by
housing.
Not applicable at this time. There are no current or
proposed plans at this time for annexation of the
project area.
GOAL H-2 Encourage the provision of affordable
housing in the unincorporated area.
Consistent. While the project is not an income-
restricted housing project, it provides a range of
parcels sizes and housing opportunities in the
unincorporated area.
H-P2.6 Allow secondary dwellings in addition to
primary residence on a parcel to provide additional
housing opportunities.
Not consistent with this project application. The
Planned Unit Development ordinance that is part of
the project application does not include second
dwelling units as a permitted use. The applicant
proposed this limitation in order to address
neighboring property owner concerns regarding
compatibility with the existing neighborhood. (see
LU-P4.1)
WATER RESOURCES ELEMENT (Butte County
General Plan Pages 145-167)
GOAL W-1 Maintain and enhance water quality.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
W-P1.4 Where appropriate, new development shall
be Low Impact Development (LID) that minimizes
impervious area, minimizes runoff and pollution and
incorporates best management practices.
Consistent. The Paradise Summit Subdivision
Storm Drainage Concept (Aug. 8, 2008) includes
methods for drainage including detention ponds.
The project final construction drainage plan requires
review by the County Public Works Department.
The County standard is no increase in the peak flow
runoff for 10-year and 100-year storm events.
W-P1.5 Pest-tolerant landscapes shall be
encouraged to minimize the need for pesticides.
Not consistent at this time. The County requires
water efficient landscaping and water efficiency
measures under the California Green Building Code.
Specifically, pest-tolerant plant species is not a
current requirement of the County.
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-P2.5 The expansion of public water systems to
areas identified for future development on the
General Plan land use map is encouraged.
Consistent. This project requires service from the
Del Oro Water Company. Water supply will be
surface water from Lake Oroville.
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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 project includes a Water Supply
Assessment consistent with SB610/SB221.
GOAL W-4 Promote water conservation as an
important part of a long-term and sustainable water
supply.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
W-P4.6 New development projects shall adopt best
management practices for water use efficiency and
demonstrate specific water conservation measures.*
Consistent. The project will be required to comply
with the water efficiency standards of the applicable
California Green Building Codes.
GOAL W-5 Protect water quality through effective
stormwater management.
Consistent. The project includes a condition of
approval requiring final drainage plan review by
Public Works.
W-P5.2 New development projects shall identify and
adequately mitigate their water quality impacts from
stormwater runoff.*
Consistent. The project is required to comply with
state standards on water quality.
W-P5.3 Previous pavements shall be allowed and
encouraged where their use will not hinder mobility.
Consistent. Pervious pavements are allowed as part
of the onsite construction for the residential
development such as driveways and patios.
W-P5.4 Temporary facilities shall be installed as
necessary during construction activities in order to
adequately treat stormwater runoff from construction
sites.*
Consistent. Prior to grading, a construction storm
water permit will be required by the State Water
Resources Control Board if the project results in a
disturbance (including clearing, excavation, filling,
and grading) of one or more acres. Individual lot
construction may also require a permit.
W-P5.5 Stormwater collection systems shall be
installed concurrently with construction of new
roadways to maximize efficiency and minimize
disturbance due to construction activity.
Consistent. Improvement plans are reviewed by the
Public Works Department for infrastructure
construction of all phases of the subdivision map.
CIRCULATION ELEMENT (Butte County General
Plan Pages 169-204)
GOAL CIR-2 Plan for transportation modes and
strategies that ensure good air quality, reduce
greenhouse gas emissions, reduce petroleum
consumption and reduce the need to devote
additional lands to transportation uses.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
CIR-P2.3 Home occupations shall be encouraged
through streamlined application processes that are
appropriate to the intensity and proposed uses of the
home business.
Consistent. Home Occupations are a permitted us
in the project Planned Unit Development ordinance.
GOAL CIR-3 Design new neighborhoods, and
improve existing neighborhood, to accommodate
and promote alternative modes of transportation.
Consistent. The project includes trail systems
connecting residential areas to the open space.
Bike lanes and sidewalks are also required within
the residential development areas.
CIR-P3.2 A safe, continuous, integrated and
accessible pedestrian network shall be provided in
urbanized areas, so as to encourage walking as a
viable transportation mode and as a form of
recreation and exercise.
Consistent. The project includes trail systems
connecting residential areas to the open space.
Bike lanes and sidewalks are also required within
the residential development areas.
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CIR-P3.4 Major new development projects, as
determined by the Department of Development
Services, shall consider provisions for alternative
modes of transportation.
Consistent. The level of alternative modes of
transportation on this project are walking and
bicycling within the development as part of the
internal circulation system including trails connecting
residential uses to the open space.
CIR-P3.5 New development projects shall consider
providing adequate pedestrian, bicycle and multi-use
facilities in a way that integrates circulation and
recreational use.
Consistent. The project includes trail systems
connecting residential areas to the open space.
Bike lanes and sidewalks are also required within
the residential development areas.
CIR-P3.6 New neighborhoods shall provide bike and
pedestrian connectivity between streets.
Consistent. The project includes trail systems
connecting residential areas to the open space.
Bike lanes and sidewalks are also required within
the residential development areas.
CIR-P3.7 Arterial and collector streets shall be
designed to enhance the integrity and cohesiveness
of urban neighborhoods.
Not applicable – the project is not an urban
neighborhood. However, the project does include a
street system, bike lands, sidewalks and a trail
system connecting residential areas to open space.
CIR-P3.8 Major residential development projects
shall be designed with interconnected collector
street patterns and short block lengths. Cul-de-sacs
and dead-end streets shall conform to County
design standards.
Consistent. The project has designed around open
space by clustering the residential development.
This design allows for a key open space central to
the development to allow for deer herd migration.
GOAL CIR-4 Promote a balanced and
integrated public transit system to maximize mobility
in a safe and efficient manner.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
CIR-P4.6 New development projects in areas served
by existing or planning transit shall provide fixed
transit facilities such as bus shelters and pullouts,
according to expected demand.
Not applicable. In consultation with BCAG, the
project was not required to place bus shelters or
pullouts.
GOAL CIR-5 Provide a safe, continuous,
integrated and accessible bicycle system, so as to
encourage the use of the bicycle as a viable
transportation mode and as a form of recreation and
exercise.
Consistent. Bicycle lanes are part of the project’s
internal circulation system.
CIR-P5.6 Residential development projects shall
incorporate internal circulation networks that
encourage bicycle use and that connect to the
external bicycle circulation system.
Consistent. Bicycle lanes are part of the project’s
internal circulation system.
GOAL CIR-6 Support a balanced and integrated
road and highway network that maximizes the
mobility of people and goods in a safe, efficient
manner.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
CIR-P6.4 Parcels adjacent to highways and
significant roadways shall have only limited access
to these facilities as a means to accommodate
regional traffic and preserve public mobility.
Consistent. The project has two access points on
Pentz Road: Lindenbaum and Lago Vista. These
are two existing access point. Additionally, the
project includes a gate on Lago Vista and a turn lane
on Pentz to enter at Lindenbaum. These features
and the internal subdivision design serve to focus
ingress and egress at Lindenbaum.
CIR-P6.5 Street improvements within the sphere of
influence of an incorporated municipality shall
conform to the street standards of that municipality.
Consistent. The Butte County Improvement
Standards within the Sphere of the Town of
Paradise have been designed to be consistent with
the Town’s standards.
CIR-P6.6 Major new development projects and Consistent. A Traffic Study was prepared as part of
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subdivisions, as determined by the Department of
Development Services, shall prepare and implement
traffic studies to assess and mitigate adverse
impacts to local and regional transportation facilities.
the Transportation section of the Draft EIR (Section
4.5). Staff coordinated with the Town of Paradise on
the scope of the study to address key intersections
in both the unincorporated area and in the Town.
GOAL CIR-8 Provide an adequate road system
that is within the County's ability to finance and
maintain.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
CIR-P8.1 The cost of new roads shall be borne
equitably among benefiting property owners.
Consistent. The applicant is responsible for onsite
road construction and for contribution to County-
wide facilities through the County Impact Fee.
CIR-P8-3 Approval of new development projects
shall be conditioned on payment of established
traffic impact fees as a means to fund construction
and improvement of affected roadways.
Consistent. The applicant is responsible for onsite
road construction and for contribution to County-
wide facilities through the County Impact Fee.
CIR-P8-4 Urban and rural arterials and collectors
shall be considered major thoroughfares for the
purpose of collecting appropriate fees allowed under
Section 66484 of the Subdivision Map Act. Note:
Section 66484 of the Subdivision Map Act allows
local ordinances to require payment of fees as a
condition of approval for developments. These fees
are allowed to defray "the actual or estimated cost of
constructing bridges over waterways, railways,
freeways and canyons, or constructing major
thoroughfares."
Consistent. The applicant is responsible for onsite
road construction and for contribution to County-
wide facilities through the County Impact Fee.
GOAL CIR-9 Provide a circulation system that
supports public safety.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
CIR-P9.1 All new road systems, both public and
private, shall provide for safe evacuation of residents
and adequate access to fire and other emergency
services by providing at least two means of
emergency access to an interconnected collector
system. New road systems will include reduction
and maintenance of roadside vegetation.
Consistent. The circulation system within the project
includes sidewalk, curb, gutter, bike lane and travel
land for vehicles. The circulation system includes
two access points to Pentz Road: Lindenbaum and
Lago Vista. All of the interior roads access Lago
Vista and Lindenbaum.
CIR-P9.2 New development projects shall include
safe routes to school where appropriate.
Consistent. The School District was consulted
through the review process. No additional issues
were identified for safe routes to schools.
GOAL CIR-10 Facilitate the mobility of Butte County
residents with special mobility needs.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
CIR-P10.2 All new development projects shall meet
the requirements of the Americans with Disabilities
Act.
Consistent. The development will be required to
meet applicable requirements, if any, at the time of
building construction.
CIR-P10.3 Pedestrian facilities shall be designed
and constructed to be accessible to all users
appropriate for these facilities.
Consistent. The County maintains Improvement
Standards for roadway construction standards
including sidewalks, curbs and gutters.
CONSERVATION AND OPEN SPACE ELEMENT
(Butte County General Plan Pages 205-266)
GOAL GOAL COS-1 Reduce greenhouse emissions
to 1990 levels by 2010
Consistent. See below for policy review.
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 Draft EIR included a Greenhouse
Gas section (Section 4.3).
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COS-P1.2 New development projects shall mitigate
greenhouse gas emissions on-site or as close to the
site as possible.
Consistent. The applicant included mitigations
identified in the Initial Study into the project
description as Project Commitments.
COS-P1.3 New development should use recycled-
content construction materials.
Not consistent. The project does not specifically
propose new construction from recycled materials.
However, any new construction is required to meet
applicable standards in the California Green Building
Code.
COS-P1.4 New development should provide above-
ground and natural stormwater facilities and use
building designs and materials that promote
groundwater recharge.
Consistent. The project proposes a series of above-
ground drainage facilities.
COS-P1.5 New developments should have street
systems that support the use of Neighborhood
Electric Vehicles (NEV).
Consistent. The street sections well accommodate
such vehicles.
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. New construction is required to meet
applicable standards in the California Green Building
Code.
COS-P2.4 All new subdivisions and developments
should meet green planning standards such as
LEED for Neighborhood Design.
Not Consistent. The project application does not
specifically outline LEED or similar standards in the
project design. The project design was primarily
based upon avoidance of wetland and habitat areas
and fire safety.
GOAL COS-3 Promote a sustainable energy supply
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
COS-P3.4 Solar-oriented and renewable design and
grid-neutral development shall be encouraged.
Not Consistent. The project application does not
specifically outline LEED or similar standards in the
project design. The project design was primarily
based upon avoidance of wetland and habitat areas
and fire safety.
COS-P3.5 Developers shall give homebuyers the
option of having renewable heat and power
incorporated into new homes.
Consistent. The project Planned Unit Development
Ordinance includes a requirement to give the
homebuyers the option of renewable heat and power
for new homes.
GOAL COS-4 Conserve energy and fuel resources
by increasing energy efficiency.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
COS-P4.3 New development shall meet the
guidelines of the California Energy Star New Homes
Program, or equivalent, and demonstrate detailed
energy conservation measures.
Consistent. A condition of approval is included that
requires compliance with this policy.
COS-P4.4 Site and structure designs for new
development projects shall maximize energy
efficiency.
Not consistent. The project was not specifically
designed under this requirement. The project has
been designed around open space by clustering the
residential development. This design allows for
open space central to the development to allow for
deer herd migration. See policy CIR-P3.8, and
Policies under GOAL COS-7.
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. Project Commitment #1 regarding
construction activities dust control is part of the
project description.
COS-P5.3 Wood-burning fireplaces and non-EPA-
certified wood stoves are prohibited in new and
significantly renovated residential projects.
Consistent. Project Commitment #1 regarding
prohibition of wood burning appliances is part of the
project description.
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COS-P5.5 Residential developments and other
projects with sensitive receptors shall be located
more than 500 feet from stationary air pollutant
sources.*
Consistent. The residential portions of the project
are not within 500 feet of a stationary pollutant
source.
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-P7.1 Conservation easements that protect
habitat areas, habitat corridors and sensitive
biological resources shall be promoted.
Consistent. The project includes a wildlife corridor
specifically for migratory deer herds and other
wildlife; and avoidance of wetland areas. Biological
Resources Project Commitments #3 through #8 are
required.
COS-P7.2 Clustered development patterns shall be
encouraged in order to conserve habitat for
protected species and biological resources.
Consistent. The project is a PUD with clustered
development avoiding wetland areas and providing a
wildlife corridor. Biological Resources Commitment
#8 is required.
COS-P7.4 New development projects shall mitigate
their impacts in habitat areas for protected species
through on- or off-site habitat restoration, clustering
of development, and/or project design and through
the provisions of the Butte Regional Habitat
Conservation Plan (HCP) and Natural Community
Conservation Plan (NCCP) within the HCP/NCCP
Planning Area, upon the future adoption of the
HCP/NCCP.
Consistent. The project includes a clustering to
avoid habitat areas. Biological Resources Project
Commitments #3 through #8 are required.
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 includes a clustering to
avoid habitat areas. Biological Resources Project
Commitments #3 through #8 are required.
COS-P7.6 New development projects shall include
setbacks and buffers along riparian corridors and
adjacent to habitat for protected species, except
where permitted in 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 includes a clustering to
avoid habitat areas. Biological Resources Project
Commitments #3 through #8 are required.
COS-P7.7 Construction barrier fencing shall be
installed around sensitive resources on or adjacent
to construction sites. Fencing shall be installed prior
to construction activities and maintained throughout
the construction period.*
Consistent. Construction barrier fencing is required
in the conditions of approval.
COS-P7.8 Where sensitive on-site biological
resources have been identified, construction
employees operating equipment or engaged in any
development-associated activities involving
vegetation removal or ground disturbing activities in
sensitive resource areas shall be trained by a
qualified biologist and/or botanist who will provide
information on the on-site biological resources
(sensitive natural communities, special status plant
and wildlife habitats, nests of special-status birds,
etc.), avoidance of invasive plant introduction and
Consistent. Training of construction employees by a
qualified biologist and/or botanist is required in the
conditions of approval.
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spread, and the penalties for not complying with the
biological mitigation requirements and other State
and Federal regulations.
COS-P7.9 A biologist shall be retained to conduct
construction monitoring in and adjacent to all
habitats for protected species when construction is
taking place near such habitat areas.*
Consistent. Monitoring by a biologist consistent with
this policy is a condition of approval on the project.
GOAL COS-8 Maintain and promote native
vegetation.
COS-P8.1 Native plant species shall be protected
and planting and regeneration of native plant
species shall be encouraged, wherever possible, in
undisturbed portions of development sites.
Consistent. Biological Resources Project
Commitment #8 includes requirements for
eradication of yellow starthistle and the planting of
native plant species.
COS-P8.2 New landscaping shall promote the use
of xeriscape and native tree and plant species,
including those valued for traditional Native
American cultural uses.
Consistent. Biological Resources Project
Commitment #8 includes requirements for
eradication of yellow starthistle and the planting of
native plant species. Additionally, water efficient
landscaping is required under the California Green
Building Code.
COS-P8.4 Introduction or spread of invasive plant
species during construction of development projects
shall be avoided by minimizing surface disturbance;
seeding and mulching disturbed areas with certified
weed-free native mixes; and using native,
noninvasive species in erosion control plantings.
Consistent. Biological Resources Project
Commitment #8 includes requirements for
eradication of yellow starthistle and the planting of
native plant species including a 5-year monitoring
program.
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.
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 with the
HCP/NCCP area.
Consistent. A Biological Resource Assessment was
prepared by Gallaway Consultants, Inc. dated
February 2008. A summary can be found in the
Initial Study/Notice of Preparation the full study is
included as an appendix.
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), assessment requirements of the
HCP/NCCP shall be implemented for development
projects with the HCP/NCCP area. Examples of
mitigation may include:
a. Design the proposed project to avoid and
minimize impacts.*
b. Restrict construction to specific seasons based
on project-specific special-status species issues
(e.g. minimizing impacts to special-status nesting
Consistent. The project includes a clustering to
avoid habitat areas. Biological Resources Project
Commitments #3 through #8 are required.
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birds by constructing outside of the nesting
season).*
c. Confine construction disturbance to the minimum
area necessary to complete the work.*
d. Mitigate for the loss of special-status species by
purchasing credits at an approved conservation
bank (if a bank exists for the species in question),
funding restoration or habitat improvement projects
at existing preserves in Butte County or purchase
e. Maintain a minimum 100-foot buffer on each side
of all riparian corridors, creeks and streams for
special-status and common wildlife.*
f. Establish setbacks from the outer edge of special-
status species habitat areas.*
g. Construct barriers to prevent compaction damage
by foot or vehicular traffic.*
GOAL COS-10 Facilitate the survival of deer herds
in winter and critical winter migratory deer herd
ranges.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
COS-P10.1 Clustered development projects that
are designed to accommodate herd migration
patterns shall be allowed and encouraged, with
remaining areas protected under conservation
easements, within the Winter and Critical Winter
Deer Herd Migration Area Overlays in order to
protect migratory deer herd ranges.
Consistent. The applicant, county staff and
representatives from the California Department of
Fish and Game worked on the Deer Migration
Corridor project design and related Biological
Resource Project Commitment #8.
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. Cultural Resources Project
Commitments #11 through #13 are required.
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. Cultural Resources Project
Commitments #11 through #13 are required.
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-P16.2 Impacts to the traditional Native
American landscape shall be considered during
California Environmental Quality Act or National
Environmental Protection Act review of development
proposals.
Consistent. Staff circulated the project for CEQA
review through the tribal contacts list as provided by
the Native American Heritage Commission.
COS-P16.3 Human remains discovered during
implementation of public and private development
projects shall be treated with dignity and respect.
Such treatment shall fully comply with the federal
Native American Graves Protection and Repatriation
Consistent. Cultural Resources Project Commitment
#13 is required.
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Act and other appropriate laws.
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. Cultural Resources Project Commitment
#13 is required.
COS-P16.5 Consistent with State, local and
tribal intergovernmental consultation requirements
such as SB18, the County shall consult with Native
American tribes that may be interested in proposed
new development projects and land use policy
changes.
Consistent. The County complied with SB18
consultation process by providing notice to tribal
contacts as provided by the Native American
Heritage Commission.
GOAL COS-17 Maintain and enhance the quality
of Butte County's scenic and visual resources.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
COS-P17.1 Views of Butte County's scenic
resources, including water features, unique geologic
features and wildlife habitat areas, shall be
maintained.*
Consistent. The project includes cluster
development through a Planned Unit Development
to set permanent open space for habitat areas.
COS-P17.2 Ridgeline development near
scenic resources shall be limited via the adoption of
specific development guidelines in order to minimize
visual impacts.*
Consistent. Visual Impacts were reviewed in the
Initial Study/Notice of Preparation and found to be
less than significant.
HEALTH AND SAFETY ELEMENT (Butte County
General Plan Pages 267-320)
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
GOAL HS-1 Maintain an acceptable noise
environment in all areas of the county.
Consistent. Noise impacts were reviewed in the
Initial Study/Notice of Preparation and found to be
less than significant. (see below)
HS-P1.7 Applicants for discretionary permits shall
be required to limit noise-generating construction
activities located within 1,000 feet of residential uses
to daytime hours between 7:00 a.m. and 6:00 p.m.
on weekdays and non-holidays.
Consistent. Noise Project Commitment #16 is
required.
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 Project Commitment #16 is
required.
GOAL HS-3 Prevent and reduce flooding. Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
HS-P3.2 Applicants for new development projects
shall provide plans detailing existing drainage
conditions and specifying how runoff will be detained
or retained on-site and/or conveyed to the nearest
Consistent. The Paradise Summit Subdivision
Storm Drainage Concept (Aug. 8, 2008) includes
methods for drainage including detention ponds.
The project final construction drainage plan requires
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drainage facility and shall provide that there shall be
no increase in the peak flow runoff to said channel
or facility.*
review by the County Public Works Department.
The County standard is no increase in the peak flow
runoff for 10-year and 100-year storm events.
HS-P3.3 All development projects shall include
stormwater control measures and site design
features that prevent any increase in the peak flow
runoff to existing drainage facilities.*
Consistent. The Paradise Summit Subdivision
Storm Drainage Concept (Aug. 8, 2008) includes
methods for drainage including detention ponds.
The project final construction drainage plan requires
review by the County Public Works Department.
The County standard is no increase in the peak flow
runoff for 10-year and 100-year storm events.
III. SEISMIC AND GEOLOGIC HAZARDS (Butte
County General Plan Pages 290-300)
GOAL HS-6 Reduce risks from earthquakes. Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
HS-P6.1 Appropriate detailed seismic investigations
shall be completed for all public and private
development projects in accordance with the Alquist-
Priolo Earthquake Fault Zoning Act.*
Consistent. No known faults or Alquist-Priolo special
studies zones occur in or directly adjacent to the
project site. See Initial Study/Notice of Preparation.
GOAL HS-7 Reduce risks from steep slopes
and landslides.
Consistent. The project proposes the areas in 30%
and greater slope to be in open space areas.
HS-P7.1 Site-specific geotechnical investigations
shall be required to assess landslide potential for
private development projects and public facilities in
areas rated "Moderate to High" in Figure HS-5 or the
most current available mapping.*
Consistent. The project proposes open space on
the areas on the eastern portion of the site where
the slopes 30% or greater. This is also the area with
the higher landslide potential. See Initial
Study/Notice of Preparation.
GOAL HS-8 Reduce risks from erosion.
Consistent. Geologic Processes Project
Commitment #14 is required.
HS-P8.1 Site-specific geotechnical investigations
shall be required to assess erosion potential for
private development projects and public facilities in
areas rated "Very High" in Figure HS-5 or the most
current available mapping.*
Consistent. Geologic Processes Project
Commitment #14 is required.
GOAL HS-9 Reduce risks from expansive soils.
Consistent. The majority of the site has low
potential for expansive soils. Soils tests are required
as part of the Subdivision Map Act prior to map
recordation and as part of the building permit
process. See Initial Study/Notice of Preparation.
HS-P9.1 Site-specific geotechnical investigations
shall be required to assess risks from expansive
soils for private development projects and public
facilities in areas rated "High" in Figure HS-6 or the
most current available mapping.*
Consistent. The majority of the site has low
potential for expansive soils. Soils tests are required
as part of the Subdivision Map Act prior to map
recordation and as part of the building permit
process. See Initial Study/Notice of Preparation.
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. Draft EIR Section 4.1 analyzes the
impacts Fire Safety and Services. The Draft EIR
concludes that the impacts are less than significant.
A condition of approval is included requiring the
funding of fire services consistent with PUB-P2.2.
HS-P11.2 Create communities that are resistant to
wildfire by supporting the implementation of
community wildfire protection plans and wildfire fuel
load reduction measures in coordination with the
appropriate government, community group, or non-
profit organization and California Department of
Consistent. Draft EIR Section 4.1 analyzes the
impacts Fire Safety and Services. The Draft EIR
concludes that the impacts are less than significant.
A condition of approval is included requiring the
funding of fire services consistent with PUB-P2.2.
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Forestry and Fire Protection (CAL FIRE).
HS-P11.3 The County supports the Wildfire
Mitigation Action Plan, the Butte County Multi-
Jurisdictional All-Hazard Pre-Disaster Mitigation Plan
(MHMP), and the Butte Unit Community Wildfire
Protection Plan prepared by California Department
of Forestry and Fire Protection (CAL FIRE) and will
cooperate with the Butte County Fire Department
and the Butte County Fire Safe Council in
implementing these plans.
Consistent. Draft EIR Section 4.1 analyzes the
impacts Fire Safety and Services. The Draft EIR
concludes that the impacts are less than significant.
A condition of approval is included requiring the
funding of fire services consistent with PUB-P2.2.
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. The project conditions of approval from
Butte Fire require a hydrant system and signage
requirements. Biological Resources Project
Commitment #8, including subsection C, requires
fuel modification measures.
GOAL HS-12 Protect people and property from
wildland or urban fires.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
HS-P12.1 Regulations regarding vegetation
clearance around structures, including the removal
of ladder fuels, shall be maintained and enforced.
Consistent. Biological Resources Project
Commitment #8, including subsection C, requires
fuel modification measures.
HS-P12.2 Fuel breaks shall be required along the
edge of developing areas in High and Very High Fire
Hazard Severity Zones, as shown in Figure HS-7 or
the most current data available from CAL FIRE.
Consistent. Biological Resources Project
Commitment #8, including subsection C, requires
fuel modification measures.
HS-P12.3 Fire resistant landscaping and fuel
breaks shall be required in residential areas.
Consistent. Biological Resources Project
Commitment #8, including subsection C, requires
fuel modification measures.
HS-P12.4 All development projects in wildland
urban interface areas in High or Very High Fire
Hazard Severity Zones shall provide, at a minimum,
small-scale water systems for fire protection.
Consistent. The project conditions of approval from
Butte Fire require a hydrant system and signage
requirements.
GOAL HS-13 Identify safe and effective
evacuation routes and access for fire prevention and
suppression.
Consistent. Draft EIR Section 4.1 analyzes Fire
Safety and Services. Fire Evacuation scenarios
were included in the Draft EIR. With Project
Commitments and consistency with the General
Plan the impacts were considered less than
significant.
HS-P13.1 New developments in High or Very High
Fire Hazard Severity Zones, as shown in Figure HS-
7, shall identify access and egress routes and make
improvements or contribute to a fund to develop,
upgrade and maintain these routes.
Consistent. Draft EIR Section 4.1 analyzes Fire
Safety and Services. Fire Evacuation scenarios
were included in the Draft EIR. With Project
Commitments and consistency with the General
Plan the impacts were considered less than
significant.
GOAL HS-15 Ensure that Butte County is
prepared for emergency situations.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
HS-P15.4 Streets and developed properties shall be
clearly marked to enable easy identification.
Consistent. Public Works condition of approval
requires street signs on the roads. Butte Fire
conditions of approval require hydrant identification
reflectors and address signage consistent with
PRC4290.
GOAL HS-16 Provide for the health, safety and
well-being of the county's present and future
residents.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
Page 13 of 15 117
Paradise Summit TSM08-0006/PUD08-0001
General Plan Consistency Review
General Plan 2030 Goals and Policies Consistency Review
HS-P16.3 The County shall promote opportunities
for physical activities, such as walking and biking,
and encourage patterns of new development that
promote physical activity and encourage bicycling,
walking and transit.
Consistent. The project design includes cluster
residential development with a trails system
connecting to open space. The internal roads also
have bike lanes.
PUBLIC FACILITIES AND SERVICES ELEMENT
(Butte County General Plan Pages 321-352)
GOAL PUB-2 Provide adequate fire protection and
emergency medical response services to serve
existing and new development
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
PUB-P2.2 The adopted Standards of Cover for fire
protection shall be maintained and implemented.
Consistent. A condition of approval requires funding
of fire services consistent with this policy.
GOAL PUB-4 Support high-quality schools and
educational facilities for all Butte County residents.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
PUB-P4.1 Review of development proposals shall
be coordinated with school districts to determine and
plan for capacity issues over time.
Consistent. The project is required to pay impact
fees adopted by the School District and the County.
PUB-P4.3 Plans for future growth areas shall
incorporate new school sites as appropriate.
Consistent. The project site has a General Plan
2030 Land Use designation of Planned Unit
Development. This site has not been identified by
the School District for a school site.
PUB-P4.7 New development projects shall be
approved only if the County and the applicable
School District finds that existing or planned schools
will be adequate to serve it.
Consistent. The School District was consulted in the
review process. School District impact fees are
required.
GOAL PUB-6 Support a comprehensive and high-
quality system of recreational open space and
facilities.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
PUB-P6.1 Review of development proposals shall
be coordinated with public agencies in order to
designate sites for new parks and recreation
facilities.
Consistent. The open space and trails system is
designed for the project users.
PUB-P6.3 New residential development shall be
assessed for Quimby Act fees to support park
development in coordination with parks and
recreation districts.
Consistent. The Park District and County have
adopted impact fees that the District collects at the
time of building permit. A portion of the fee is a
Quimby Act fee.
PUB-P6.5 Where appropriate, new residential
developments should include permanently-protected
and maintained open space using mechanisms such
as, but not limited to conservation easements and
development agreements.
Consistent. The open space is required to remain
permanent and is designated open space in the
project Planned Unit Development Ordinance.
PUB-P6.6 Utilize Community Facilities Districts,
Mello-Roos and/or landscaping and lighting districts
to provide funding for on-going maintenance and
operation of parks and recreation facilities in
medium density (six dwelling units per acre) and
higher density residential developments when
warranted.
Not applicable. The project does not trigger the
density threshold for this policy.
GOAL PUB-8 Coordinate an interconnected multi-
use trail system.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
PUB-P8.7 New development projects should Consistent. The project design includes cluster
Page 14 of 15 118
Paradise Summit TSM08-0006/PUD08-0001
General Plan Consistency Review
General Plan 2030 Goals and Policies Consistency Review
incorporate multi-use trails and connections to
existing trail networks.
residential development with a trails system
connecting to open space. The internal roads also
have bike lanes.
PUB-12 Manage wastewater treatment facilities at
every scale to protect the public health and safety of
Butte County residents and the natural environment.
Consistent. This goal is more specifically reviewed
in the discussion of the policies below.
PUB-P12.1 Applicants shall be allowed to make
case-by-case assessments of septic and other
wastewater treatment systems to determine
appropriate system designs and densities and shall
be allowed to utilize new technologies that are
supported by State and County practices.
Consistent. The applicant has proposed a
community wastewater system and has been subject
of the CEQA and agency review.
PUB-P12.3 New community sewage systems shall
be managed by a public County sanitation district or
other County-approved methods. Proponents shall
demonstrate the financial viability of constructing,
operating and maintaining the proposed community
sewerage system.*
Consistent. A condition of approval requires
compliance with this policy.
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-P13.2 New development projects shall
demonstrate the availability of a safe, sanitary and
environmentally sound wastewater system.
Consistent. The applicant has proposed a
community wastewater system and has been subject
of the CEQA and agency review.
PUB-P13.3 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. The applicant has proposed a
community wastewater system and has been subject
of the CEQA and agency review.
PUB-P13.4 Installation of sewer lines shall occur
concurrently with construction of new roadways to
maximize efficiency and minimize disturbance from
construction activity.
Consistent. Improvement plans are reviewed by the
Public Works Department for infrastructure
construction of all phases of the subdivision map.
SUMMARY:
Of the 46 Goals and 118 Policies selected for review, the project is consistent
with all 46 Goals. There are seven policies with a determination that the project
is not consistent (LU-P10.4, H-P2.6, W-P1.5, COS-P1.3, COS-P2.4, COS-P3.4,
COS-P4.4). Four of the policies were considered not applicable with a brief
explanation (H-P1.3, CIR-P3.7, CIR-P4.6, PUB-P6.6). Overall, the Paradise
Summit project is considered substantially consistent with General Plan 2030.
Page 15 of 15 119
ATTACHMENT B
ORDINANCE NO______
AN ORDINANCE ZONING
A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA,
PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, PURSUANT TO BUTTE COUNTY
CODE SECTION 24-25.40.
The Board of Supervisors of the County of Butte, State of California, under
and pursuant to Section 24-25.40 of the Butte County Code, ORDAINS, as follows:
SECTION l. The hereinafter described area situated in the County of
Butte, State of California, shall be and it is hereby zoned as a PUD (PLANNED UNIT
DEVELOPMENT) District, and such area shall be subject to the restrictions and
restricted uses and regulations pursuant to Butte County Code Section 24-210.
Said area to be zoned PUD is comprised of eight (8) parcels comprised of
assessor’s parcel numbers 055-300-013,038,099,101,102,103,109 and 055-310-023;
containing +333 acres, more particularly described in Exhibit A.
Such area shall be subject to the restrictions and restricted uses and
regulations pursuant to Butte County Code Section 24-210 and the Paradise Summit
Planned Unit Development Regulations, attached as Exhibit B.
In compliance with Butte County Code Section 24-210, the area of this
PUD zone shall include approximately 195 acres of open space to help protect existing
wildlife habitat, other resources and amenities for homeowners within the zoning district
as depicted in Exhibit C. An Integrated Open Space Management Plan will be
developed to coordinate ongoing management and use of the open space.
120
SECTION 3. This Ordinance shall be and it is hereby declared to be in full
force and effect from and after thirty (30) days after the date of its passage, and before
the expiration of fifteen (l5) days after its passage, this Ordinance shall be published
once with the names of the members of the Board of Supervisors voting for and against
it in the Oroville Mercury Register, a newspaper published in the County of Butte, State
of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the ______ day of _______, 2012, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
______________________________
Steve Lambert, Chair
Butte County Board of Supervisors
ATTEST: Paul Hahn Chief Administrative
Officer and Clerk of the Board
By _____________________________
Paradise Summit PUD08-0001
Ordinance
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121
Exhibit A
Legal Description to PUD
(to be inserted)
Paradise Summit PUD08-0001
Ordinance
3 of 7
122
Exhibit B
Paradise Summit Planned Unit Development
Development Zone Regulations
A. GENERAL DESCRIPTION OF USES WITHIN THE ZONE:
Development within the zone commonly described as the Paradise Summit Planned Unit
Development (PUD) shall be in substantial conformance with approved Tentative
Subdivision Map 08-0006 dated November, 2009 and the Open Space Areas Map shown as
Exhibit C.
1. Allow no more than 312 single-family residential parcels to be developed within an
approximately 137-acre area of the zone.
2. Provide approximately 195 acres of open space to help protect existing wildlife habitat,
other resources and amenities for homeowners within the zoning district. An
Integrated Open Space Management Plan will be developed in consultation with
agencies with jurisdiction to coordinate ongoing management and use of the open
space.
B. ALLOWED USES:
The following permitted uses, uses requiring a use permit, and administrative uses shall
apply within the Paradise Summit PUD Residential areas.
(a) Permitted uses:
(1) One (1) single-family dwelling per parcel.
(2) The use of a single-family residence as a small family day care home, licensed
family care home, foster home, or group home for mentally disordered or otherwise
handicapped persons or neglected children. Said homes shall serve eight (8) or
fewer persons and shall be subject to all applicable state regulations and
limitations.
(3) Pedestrian and bicycle trials
(4) Protection of land from fire, erosion, floods, slides, quakes, insects, diseases and
pollution, including arboretums and natural, experimental and study areas.
(5) The erection, construction, alteration or maintenance of utilities for the said zone.
(6) Pedestrian and non-motorized recreation and open space uses consistent with the
approved Integrated Open Space Management Plan.
(b) Accessory uses:
(1) Those uses and structures normally associated with a single-family residential use
which is in conjunction with or incidental to the residential use, including but not
limited to a garage, workshop, shed, garden, private swimming pool, private tennis
court, gazebo, spa, etc.
(2) A guest house as defined by section 24-305.175 of the Butte County Code.
Paradise Summit PUD08-0001
Ordinance
4 of 7
123
(c) Uses requiring use permits. The following uses are permitted subject to a use
permit:
(1) Public and quasi-public uses.
(2) Nurseries and plant gardens
(3) Wireless communications facilities
(d) Uses requiring a minor use permit. The following uses may be permitted subject
to the requirements of section 24-41 of this chapter:
(1) Large family day care facilities subject to the requirements of section 24-265 of this
chapter.
(2) Bed and breakfast home
(e) Uses requiring an administrative permit. The following uses may be permitted
subject to the requirements of section 24-40 of this chapter:
(1) Home occupations subject to the requirements of section 24-270 of this chapter.
(2) Temporary uses as listed in section 24-300 of this chapter.
(3) Temporary sales tract office.
C. DEVELOPMENT REQUIREMENTS
(a) Site Requirements:
Areas and setbacks listed in the following table are minimum requirements unless
otherwise stated
Lot
Area
Lot
Width
Front Yard Structural
Setback
Side Yard
Setback
Rear Yard
Setback
8,000 + 65'
20' for garages and accessory
structures
15’ for primary structures,
including covered porches
architecturally integrated with
the primary structure.
5' 15'
(b) Development Phasing Plan. The Paradise Summit PUD will be developed in phases,
with infrastructure improvements and open space measures generally phased
proportionately with the residential development, in substantial conformance with
approved Tentative Subdivision Map 08-0006 and complying with all requirements of
Butte County Code, local, state and federal law.
Dedication of the open space consistent with the Planned Unit Development exhibit and
the phased tentative subdivision map as approved is required to be completed in a
sequence that is commensurate with the lots to be recorded and the open space
Paradise Summit PUD08-0001
Ordinance
5 of 7
124
(consistent with 24-210(e)(2) related to the phase considered for recordation.
Alternative phasing approaches and sequences of recordation, consistent with the
subdivision map and the intent of the Planned Unit Development, may be considered as
determined by and subject to approval by the Public Works Director and the
Development Services Director
(c) Integrated Open Space Management Plan. The Integrated Open Space
Management Program (IOSMP) ensures internal consistency between existing
regulations, and applicable performance criteria established within the Project
Commitments. This IOSMP also identifies the appropriate oversight entities and roles of
each entity/agency. This IOSMP identifies open space management criteria for the
following: Public Access and Recreation; Deer/Wildlife Migration Corridor; and Fuel
Modification (see the Mitigation Monitoring Plan including Project Commitment #8 for a
full description of the requirements of the IOSMP.)
(d) Renewable Heat and Power Option. Developers shall give homebuyers the option
of having renewable heat and power incorporated into new homes consistent with
General Plan Policy COS-P3.5.
Paradise Summit PUD08-0001
Ordinance
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125
Exhibit C
Open Space Areas Map
Paradise Summit PUD08-0001
Ordinance
7 of 7
126
From:Betts, Steve
To:Calarco, Pete;
CC:
Subject:FW: Paradise Summit
Date:Wednesday, April 25, 2012 1:09:53 PM
Attachments:
Hello Pete.
In looking over the staff report for the Paradise Summit project we noticed a few things
that may require clarification:
· Under the Department/Agency Review section of the report, it is stated that
LAFCo approval is needed for the formation of a Community Financing District (CFD),
Community Services District (CSD), or a County Service Area (CSA). The formation of
a CSD/CSA requires LAFCO review and approval, but a CFD is only a financing
mechanism and its creation does not require LAFCo review or approval.
· Condition No. 57 (Environmental Health Division) states that the project must
annex into, or form, a legal wastewater management oversight entity acceptable to Butte
County. This condition should be revised to also state that the annexation to or formation
of the management entity may require application to, review, and approval by the Butte
Local Agency Formation Commission.
· Section 1 of our September 9, 2008, comments on this project stated that any
required LAFCo action for the project must be fully described in the project description
and fully addressed in the appropriate environmental documents. The Draft EIR prepared
for this project mentions possible LAFCo action, but does not analyze the formation of a
CSD, CSA, or a sanitation district. Because the EIR does not appear to properly analyze
the formation of these special districts, LAFCo may be unable to utilize the EIR for the
required CEQA analysis. If any LAFCo action is required for this project, the EIR may
need to be supplemented, at the applicant's expense, to analyze the formation of these
districts.
127
Thank you for allowing us the opportunity to comment on this project.
Best,
Steve
Stephen Betts
Deputy Executive Officer
Butte Local Agency Formation Commission (LAFCo)
1453 Downer St., Suite C, Oroville, CA 95965-4950
Desk - (530) 538-7151, Fax (530) 538-2847
www.buttelafco.org <http://www.buttelafco.org/>
128
This document needs to be distributed to Planning Commissioners prior
to their scheduled meeting on April 26th 2012
To: All Butte County Planning Commissioners.
From: Lago Vista / Salmon Architectural Committee.
Subject: Paradise Summit Development
4/23/12
We are very concerned about the future of the Pentz Road corridor.
Recently you have received 30 separate requests for rezoning of the
Horning property. This development is to be 700 homes plus 5 acres
dedicated to commercial endeavors. In addition to that, seven separate
properties have been rezoned on Pentz Road between Lindenbaum and
Highway 70 for development. The property adjacent to us, known as
"Paradise Summit", is another 312 homes. Future planned developments
off Pentz Road number over 1000 homes.
We would like to call your attention to the recently approved Butte
County General Plan, which addresses future developments and has been
officially approved by your Planning Commission and the Butte County
Board of Supervisors. To quote from this document:
1. Butte County General Plan page 280 H.S. P13.1. "New development in
high or very high fire hazard severity zones shall identify access and
egress routes and make improvements or contribute to a fund to
development upgrade and maintain these routes." The Paradise Summit
Project is identified in the very high fire hazard area.
2. The General Plan Circulation Element pg 179 Actions CIR-A8.2.
"Develop a comprehensive fiscal model or program for traffic and road
impacts to assist in the analysis of cost and revenue balance from
proposed development projects. This is circulation element policy 2.24"
3. In addition to these elements already approved in this county plan,
we have spoken to the California State Department of Transportation
regarding these planned developments. They have recommended that,"All
developers shall agree, in a written contract, to put funding up front
into a Butte County Trust Fund.." Accounts to be used specifically in
the future for the improvement of Pentz Road and Pearson between Clark
and Pentz. Considering that Butte County Planning Department uses the
figure of almost 10 trips per day per house, this will increase Pentz
road usage by roughly 10,000 trips daily. Major improvements to these
roads are very much going to be needed and required.
In summary, we are requesting that a Final Decision of the "Paradise
Summit Project", be postponed until after the afore mentioned written
agreement regarding a Traffic Trust Fund be established and funded
fully by the developer.
Sincerely,
Lago Vista / Salmon Architectural Committee.
129
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT – April 26, 2012
Applicant:
Owner:
Wyckoff & Associates, LLC
Eagle Meadows of Paradise 320
Supervisor
District:
5
File #: PUD08-0001
TSM08-0006
Parcel Size: 333+/- acres
Request: Planned Unit Development (PUD)
and Phased Tentative Subdivision
Map (TSM) for 312 residential
parcels
Planner: Pete Calarco
Assistant Director
General
Plan 2030:
Planned Unit Development with a
maximum of 335 units
Attachments
Current
Zoning:
AR-1(Agricultural Residential 1-
acre min parcel size) for +/-183
acres; and
AR- 2 1/2 (Agricultural
Residential 2.5-acre min parcel
size) for +/-150 acres
A:Tentative Subdivision Map 08-
0006 (four sheets)
Zone Date: April 14, 1998
B:Vicinity Map, General Plan &
Zoning Map
Proposed
GP2030
Zoning
PUD (Planned Unit Development) C:Resolution Certifying The Final
EIR and Adopting a Mitigation
Monitoring and Reporting
Program (MMRP)
Proposed
Zoning
PUD (Planned Unit
Development)
D:Resolution recommending
approval of the PUD rezone to
the Board of Supervisors and
approving TSM08-0006
APNs: 055-300-013, 038, 099, 101, 102,
103, 109 and 055-310-023
E:Final EIR
F:Draft EIR Location: Pentz Road at Lago Vista Way
and Lindenbaum Lane,
approximately 1/5 mile south of
the Town of Paradise, within the
Paradise Sphere of Influence
Butte County Department of Development Services April 26, 2012
Planning Commission Agenda Report – Paradise Summit TSM08-0006 PUD08-0001 Page 1 of 20 130
RECOMMENDATION
Staff recommends the following actions:
1) Adopt resolution certifying the Final EIR
2) Adopt resolution recommending approval of the Planning Unit Development to the Board
of Supervisors and approving the Tentative Subdivision Map 08-0006
EXECUTIVE SUMMARY
This project is a request for a phased Tentative Subdivision Map (TSM) to divide +/-333 acres
into 312 single-family residential parcels varying in size from 8,738 square feet (SF) to 32,099
SF, and various lettered lots for open space uses. The Tentative Subdivision Map is being
processed concurrently with an application for rezone of the site to Planned Unit Development
(PUD) to allow for clustering of the 312 residences within a +/-137-acre area of the site, while
preserving +/-195 acres as open space. The Planned Unit Development zone is the zone that is
consistent with the General Plan 2030 Land Use Designation of Planned Unit Development on
the property.
The project was submitted in 2008 including a Tentative Subdivision Map application and a
Planned Unit Development application. The Subdivision Map is the process that creates
individual lots for sale. The PUD application is a type of rezone application. The PUD would
establish a project specific zoning designation as PUD on the property. The County previously
processed the application under CEQA with a Mitigated Negative Declaration. Hearings were
conducted by the Planning Commission and Board of Supervisors in 2010.
In reviewing the record as a whole including a staff recommendation and information received
during the public comment period, the Board of Supervisors required an Environmental Impact
Report for the project at a public hearing on January 25, 2011. This action specified that the EIR
address the following issues: Fire Services and Safety; Land Use under Butte County General
Plan 2030; Transportation/Traffic; Wastewater; Forest Resources; and Greenhouse Gas
Emissions.
Staff processed an Environmental Impact Report consistent with the requirements of the
California Environmental Quality Act. The Planning Commission will consider Certification of
the Final EIR under CEQA prior to considering action on the Tentative Subdivision Map.
Additionally, the Planning Commission will make a recommendation to the Board of
Supervisors regarding the PUD. The Board of Supervisors will consider the Planning
Commission’s recommendation on the PUD at a future public hearing.
Staff has evaluated the project under the applicable goals and policies of General Plan 2030. A
Consistency Table is provided as an attachment to this report. The project is substantially
consistent with General Plan 2030.
PROJECT
Butte County Department of Development Services April 26, 2012
Planning Commission Agenda Report – Paradise Summit TSM08-0006 PUD08-0001 Page 2 of 20 131
This section of the staff report will cover the site characteristics, the project description including
the Project Commitments and Project Objectives, and a discussion of the General Plan 2030 land
use designation and zoning. The general project design remains the same as was previously
presented to the Planning Commission and Board of Supervisors in 2010.
Site Characteristics
• The project site is in an unincorporated part of Butte County, south of the Town of Paradise
and within the Town’s Sphere of Influence. The project is located about 1,000 feet east of
the County’s Specific Plan to be Developed General Plan 2030 Overlay. This overlay is
generally south of the Town of Paradise, within the Town’s Sphere of Influence and west of
Pentz Road.
• The site is currently undeveloped and is characterized as valley foothill hardwood-conifer
habitat with a mixed chaparral understory, and dominated by mixed oaks, gray pine, and
dense shrub.
• A large wet meadow occurs in the western portion of property and an intermittent stream
flows north to south along the western boundary of the site. Within and adjacent to the wet
meadow are inclusions of fresh emergent wetland, seasonal wetland, and riparian habitats.
• The topography of the project area has gentle to moderate slopes (less than 20%) in the
center of the site. Along the eastern portion of the site the slope becomes steeper and in
some areas is greater than 30% (toward the West Fork of the Feather River/Lake Oroville).
Approximately 6% of the site has slopes in excess of 30%, but this area lies outside of the
proposed residential lot configuration.
• The elevation on-site ranges from 1300-1680 feet above sea level with topography ranging
from flat to moderate slopes.
• The Upper Miocene Canal runs adjacent to the east side of the property and crosses the
southeastern portion.
• The site is located within a Flood Zone X per map sheet 06007C0575C dated January 6,
2011. This is not in the 100-year flood designation.
• The site is within State Responsibility Area for fire services and is designated as a Very
High Fire Hazard area.
• There are no Williamson act contracts on or adjacent to project area.
• This project site is generally located south of the Town of Paradise, west of the west branch
of the Feather River, and East of Pentz Road. Single-family residential uses are located
primarily north, northwest, west and southwest of the project site. There are no active
commercial uses in the immediate area at this time.
• Kunkle Reservoir is located to the southwest, and downhill, of the project site.
Project Description
Butte County Department of Development Services April 26, 2012
Planning Commission Agenda Report – Paradise Summit TSM08-0006 PUD08-0001 Page 3 of 20 132
• This project requests a phased Tentative Subdivision Map to divide +/-333 acres
composed of eight parcels into 312 single-family residential parcels varying in size from
8,738 square feet (SF) to 32,099 SF, and various lots for open space uses.
•
Land Use Summary Table
LAND USE ACRES
(approximately)
Residential 102 acres
Roads 35 acres
Passive Open
Space/Southern Area
67 acres
Wetland
Reserve/Western
Entrance
48 acres
Wastewater
Disposal/Deer Corridor
41 acres
Eastern Slope/Fuel
Management Area
39 acres
TOTAL 333 acres
• The Tentative Subdivision Map is being processed concurrently with an application for
rezone of the site to Planned Unit Development (PUD) to allow for clustering of the 312
residences within a +/-137-acre area of the site, while preserving +/-195 acres as open
space, to help protect sensitive resources and as an amenity to the subdivision.
• The 312 residential lots are proposed to have a range of single-family homes with a mix
of single story and two story homes with attached 2-3 car garages.
• Open space areas contain a wetland reserve area, deer herd migration/movement corridor
and wastewater disposal area which as proposed would not be available for use by the
public or residents of the subdivision.
• Public access to the southern open space area (approximately 67 acres) and a pedestrian
trail system is currently proposed by the applicant; however, allowed open space uses
will be subject to the requirements of the Integrated Open Space Management Program
(see Project Commitment #8) consistent with regulatory requirements of resource
agencies.
• The project development is proposed to occur in seven (7) phases. Project phasing will
be in approximately 40 to 60-unit increments, concurrent with completion of
improvements.
• Lindenbaum Lane will provide the primary point of access for the project. The majority
of the project’s roadways will be public roads built to County and California Fire Code
standards, for dedication to the County for maintenance.
Butte County Department of Development Services April 26, 2012
Planning Commission Agenda Report – Paradise Summit TSM08-0006 PUD08-0001 Page 4 of 20 133
• Lago Vista Way will serve as a secondary means of ingress/egress. Access to Lago Vista
will be controlled by a universally accessed key pad gate approved by CDF-Cal-FIRE.
Since a County-maintained road cannot be gated, the new section of roadway between the
existing portion of Lago Vista Road and the proposed gate (along with the gate) will be
privately owned and maintained by a proposed Home Owners’ Association (HOA).
Residents of the development and emergency services would all have the access code for
use of this gate. These controlled access features are intended to minimize the traffic
impacts to the existing Lago Vista Road residences.
• The subdivision design as proposed includes the following Best Available Mitigation
Measures (BAMM) per the Butte County Air Quality Management CEQA Handbook:
BAMM#5: Project provides a pedestrian access network that internally links all uses and
connects to all existing or planned external streets and pedestrian facilities contiguous
with the project site; BAMM#10: Roadways are designed to reduce motor vehicle speeds
and encourage pedestrian and bicycle trips by featuring traffic calming measures in
excess of jurisdiction requirements. Roadways are designed to reduce motor vehicle
speeds and encourage pedestrian and bicycle trips by featuring traffic calming features
which may include: marked crosswalks, count down signal timers, curb extensions,
speed tables, raised crosswalks, raised intersections, median islands, tight corner radii,
and roundabouts or mini-circles; BAMM#25: Orientation to planned transit, bikeway, or
pedestrian corridor; BAMM#27: Multiple and direct street routing. Full credit for
internal connectivity factor (CF)>0.70, and average ¼ mile or less between external
connections; and BAMM#41: No residential wood burning appliances (per BCAQMD
standards).
• Minimum architectural standards will be established in the form of CC&R’s to achieve
quality construction standards similar or better than those of the Madre de Oro
subdivision, subject to review by the Paradise Summit Home Owners Association’s
Architectural Review Committee. The project PUD ordinance does not permit second
dwelling units.
• The project will build improvements to the east side of Pentz Road, both north and south
of Lago Vista Way, to increase sight distance for traffic on the Lago Vista approach to
600’ to the north and 550’ to the south. These improvements will consist of trimming
and/or removal of existing vegetation within the public right-of-way and/or grading along
Pentz Road in the public right-or-way, as necessary to achieve adequate sight distance.
• A 60’ wide easement off the westerly extension of Lago Vista through the project as
Street D provides access to two 10-acre parcels to the northeast of the project, which are
not a part of the project. Also, a 60’ access easement off Street A is proposed between
the southwestern portion of the central open space area and a +/-56-acre parcel to the
southwest of the project.
• Storm water disposal will be accomplished by five on-site detention facilities.
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• The project will build a Community Sanitary Sewer system, anticipated to be a STEP
(Septic Tank Effluent Pump) collection system, pumping facilities, a treatment facility,
and dispersal through leach fields on the project site. Preliminary wastewater dispersal
areas have been identified near the center of the project site.
• The project will form a Sanitation District, Community Facilities District (CFD),
Community Services District (CSD), or other financing and management entity to ensure
management and maintenance of common infrastructure including wastewater treatment
and disposal, storm water disposal, public common areas (park landscaping and
irrigation), and open space and trail system. The project proposes to establish an HOA
with recorded Covenants, Codes and Restrictions (CC&Rs) for portions of these
requirements. The management of the wastewater facility is required to be a County-
approved entity.
• Water for the project will be provided by the Del Oro Water Company (DOWC). Water
provision for this project is contingent upon construction of the Phase 1 of the DOWC
Regional Intertie Project (approved 3-22-07 via Use Permit 05-18), a project to provide
additional water supply from Lake Oroville to the DOWC system via a 16-inch diameter
pipeline in Pentz Road from the Lime Saddle Marina to the Mountain Oaks Subdivision
Water Treatment Plant.
• DOWC proposes to purchase additional water supply from the County’s Lake Oroville
Table A Water Allocation in order to provide domestic water to the proposed project.
Project Objectives
The applicant provided 14 project objectives for the Draft EIR Project Description Section 3.3
for review. Project objectives are part of evaluating a project under an Environmental Impact
Report and with the review of project alternatives under CEQA. These are listed below.
1. Develop an economically viable project that is consistent with the Butte County 2030
General Plan.
2. Create variable lot sizes and cluster development to allow for an optimum amount of
open space.
3. Provide additional housing opportunities to local residents.
4. Provide open space and passive recreational opportunities complementary to the
surrounding residential environment.
5. Establish a looped pedestrian trail within the areas proposed for residential development.
6. Construct an onsite community wastewater treatment plant to serve project
development.
7. Provide infrastructure improvements for public health and safety.
8. Provide looped access within the project site to promote connectivity and non‐motorized
travel.
9. Provide access to the project site through circulation connectivity with adjacent
neighborhoods.
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10. Limit development on steep slopes (greater than 30%) and provide opportunities for
views of the Feather River/Lake Oroville, valley floor, mountains, and open space areas.
11. Maintain an open space deer herd migration/movement corridor on the project site.
12. Preserve wetland resources by maintaining open space within the project site.
13. Preserve significant cultural and natural resources on the project site.
14. Establish an open space area along the eastern edge of the project site that contains steep
slopes.
Project Commitments
The applicant incorporated the list of mitigation measures from the Initial Study/Notice of
Preparation prepared by the County into the project description. These are the Project
Commitments that are listed in the Draft EIR under the Project Description, Section 3.6. They
are summarized below by title. The full description of these can be reviewed in the Draft EIR,
Section 3.6.
Air Quality Project Commitment #1. This is a requirement for dust control during
construction that contains specific measures. This condition also requires a note to be recorded
regarding the dust control requirements.
Air Quality Project Commitment #2. This is a requirement to pay the Butte County Air
Quality Management District emission reduction fees.
Biological Resources Project Commitment #3. This addresses the Butte County calycadenia,
(a CNPS List 4 plant species): the California Department of Fish and Game will be given
advance notice of construction-related impacts and granted access to the site for plant removal
or seed collection.
Biological Resources Project Commitment #4. This addresses the Red Bluff dwarf rush, a
CNPS list 1B plant. This requires avoidance with a minimum 100-foot set-back. During
construction, environmentally sensitive area (ESA) fencing will be placed around avoidance
areas including wetlands and known CNPS listed plant populations.
Biological Resources Project Commitment #5. This includes specific requirements regarding
pre-construction surveys for raptors. For example, if construction occurs between March 1 and
September 15, the developer will engage the services of a qualified biologist to survey the
project site.
Biological Resources Project Commitment #6. This sets Oak Tree Replacement and
Protection. It also requires an Oak Tree Replacement and Protection Inventory prepared by
a certified arborist, registered professional forester, botanist or landscape architect shall be
submitted for review and approval by the Director of Development Services or his/her
designee, and shall be prepared in accordance with specific criteria.
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Biological Resources Project Commitment #7 – regarding wetland permits. The project will
avoid the majority of wetland features, (12.079 acres of jurisdictional wetlands are present on
site), but improvement of Lindenbaum Lane may require some minor wetland fill. This
Project Commitment requires submittal of documentation that 404 permits, or waiver of
permits, have been received from US Army Corps of Engineers (USACOE) and 1600
permits, or waiver of permits have been received from CDFG.
Biological Resources Project Commitment #8. This is the Integrated Open Space
Management Program. This Project Commitment provide detail and performance measures to
address a variety of issues regarding Public Access and Recreation; Deer/Wildlife Migration
Corridor; and Fuel Modification.
Biological Resources Project Commitment #9. Notifies future homeowners of ‘potentially
dangerous wildlife and human interactions, that homeowners assume all risk and that wildlife
depredation permits will not be issued for the area.
Biological Resources Project Commitment #10. This directs the Home Owners Association
proposed to provide educational materials to new homebuyers to reduce impacts to open
space resources, especially relative to maintaining the wildlife corridor.
Cultural Resources Project Commitment #11. This requires a note to be recorded regarding
important resource #1507 and serves as a requirement to protect this resource.
Cultural Resources Project Commitment #12. This requires a note to be recorded to protect
an important resource referred to as PS#1.
Cultural Resources Project Commitment #13. This is a requirement to protect cultural
resources if found during grading activities.
Geologic Processes Project Commitment #14. This is a requirement for a storm water permit
from the State Water Resources Control Board for grading activities of one or more acres.
Hydrology and Water Quality Project Commitment #15. This is a requirement for a
permanent solution for drainage and a funding mechanism (for example, a County Service
Area) to support the maintenance of the facilities.
Noise project Commitment #16. This restricts construction noise and hours of operation. This
sets criteria and requires a Disturbance Coordinator with a name and number to contact posted
on the property.
Public/Fire Services Project Commitment #17. This requires wildfire hazard area disclosure
and information for property owners.
Transportation Project Commitment #18. This identifies sight distance criteria and related
vegetation clearance at the Lago Vista at Pentz Road intersection of 550’ to the south and
600’ to the north.
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The above Project Commitments are included in the Mitigation Monitoring and Reporting Program
found in Section 5 of the Final EIR. This ensures compliance and implementation of the Project
Commitments in the same monitoring approach as mitigation measures.
LAND USE AND ZONING DESIGNATIONS
General Plan 2030
General Plan 2030 designated the project site as Planned Unit Development. General Plan 2030,
Land Use Element, Section B(1), found on Page 59, provides a description of the Planned Unit
Development Land Use Designation: This designation identifies future developments that will
be considered under a Planned Unit Development application, as identified in Figure LU-3. The
intent of this designation is to encourage and take advantage of opportunities for more
integrated, flexible and superior design than is available through the application of conventional
regulation. Section D.1 of this Land Use Element gives additional information about specific
Planned Unit Developments envisioned in this General Plan.
General Plan 2030 envisions the development of two Planned Unit Developments, an area plan
and a number of specific plans. Paradise Summit is one of the two envisioned with the adoption
of General Plan 2030. Section D(1)(b) of the General Plan 2030 Land Use Element lists the
Paradise Summit Planned Unit Development as follows: The Paradise Summit PUD will
determine the mix of uses that will occur in a 333-acre area located southeast of Paradise. The
PUD will limit development to not more than 335 dwelling units in a clustered development
pattern. The Paradise Summit project is consistent with this vision in that it includes 312
dwelling units in a clustered development pattern. The other Planned Unit Development
envisioned in General Plan 2030 is the Tuscan Ridge PUD located along the east side of the
Skyway between the Town of Paradise and the City of Chico.
Staff evaluated the project under the applicable goals and policies of General Plan 2030.
Attachment F (Resolution recommending the PUD and approving the TSM), Exhibit 2 of this
staff report lists the applicable goals and polices and provides a brief review of consistency. The
project is substantially consistent with the goals and policies of General Plan 2030. The project
is found to be consistent with all 46 General Plan Goals that were reviewed. Staff reviewed 118
of the General Plan 2030 Policies for consistency. There are seven applicable policies where
staff found the project is not consistent (LU-P10.4 regarding development agreements, H-P2.6
regarding allowing second dwelling units, W-P1.5 regarding pest-tolerant landscapes, COS-P1.3
regarding use of recycled-content materials, COS-P2.4 regarding LEED neighborhood design,
COS-P3.4 regarding grid-neutral design, and COS-P4.4 regarding site designs to maximize
energy efficiency). Four of the Policies reviewed were determined to not be applicable with a
brief explanation provided (H-P1.3, CIR-P3.7, CIR-P4.6, PUB-P6.6). The overall review of the
policies within each applicable General Plan results in a finding of consistency. Projects need
not be consistent with each and every policy of the General Plan.
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Current Zoning
There are two zoning designations within the project boundary: AR-1 (Agricultural Residential
one acre minimum) and AR 2 1/2 (Agricultural Residential two and one-half acre minimum).
These classifications split the project site with approximately the north half under the AR-1 and
the south half under the AR 2 1/2. The potential yield under the current zoning designations on
the property is approximately 243 dwelling units. It is important to note that the AR zones,
including the AR-1 and AR-2 1/2 zones are not consistent with General Plan 2030.
Proposed Zoning under General Plan 2030
The County is in the final series of a comprehensive update to the Zoning Ordinance following
adoption of General Plan 2030. The Zoning Ordinance update adoption will be considered for
adoption in fall of 2012 and will replace the zoning on the project site with a PUD designation.
As noted in the above discussion of General Plan 2030, the PUD will limit development to not
more than 335 dwelling units in a clustered development pattern.
Covenants Codes and Restrictions (CC&Rs) of the Madre de Oro Subdivision – not applicable
In 1980, the County approved a Tentative Subdivision Map--phase 1 of the Madre De Oro TSM-
-in 1980, which resulted in the Lago Vista and Salmon residential lots, near the northwestern
project boundary. With recordation of that Phase 1 development, CC&Rs were recorded in 1983
that specified a minimum of one-acre lot sizes within the subdivision.
The portion of the Madre DeOro subdivision project area that is now Paradise Summit was part
of the Madre De Oro TSM as originally proposed, but was not a part of the TSM as approved by
Butte County in 1980. The portion of the proposed Madre de Oro TSM which is now Paradise
Summit was excluded from the approved TSM due to environmental constraints and is noted as
‘remainder’ on the County’s Record of Survey Maps.
The public approval process for the Lago Vista and Salmon (Phase I) lots could not reasonably
cause the CC&R’s to be placed on the Paradise Summit project area, as the Paradise Summit
project area was not a part of the same TSM that approved the Lago Vista and Salmon (Phase I)
lots. The County’s 1980 approval of Phase I could not require the CC&Rs to establish a one-
acre minimum lot size restriction on the Paradise Summit project area as a condition of approval
as this was a designated remainder (Government Code section 66424.6). The CC&R’s do not
appear to serve an established public purpose identified to date, and they do not appear related to
any previous County direction or action.
Proposed PUD Ordinance
A project proposing a Planned Unit Development is required to comply with Butte County Code
24-210. The PUD application process is a type of rezoning of the property. The rezoning is
approved by an ordinance specific to the property and the proposed project. The PUD sets the
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zoning designations, such as Residential and Open Space on the property and the uses permitted
within the designations.
With the Paradise Summit PUD, the existing AR-1 and AR 2 ½ zones would be rezoned to
‘PUD,’ and specific land use and development regulations would be adopted for the Paradise
Summit PUD. The Tentative Subdivision Map and PUD application would cluster the 312
residences within a +/-137-acre area of the site, while preserving +/-195 acres as open space, to
help protect existing wildlife habitat and other resources.
The following excerpt is from the Butte County Code, relative to the PUD Zone.
24-210 PUD (Planned Unit Development) Zone.
(a) Purpose. The purpose of the Planned Unit Development (PUD) Zone is to
allow diversification in the relationship of various uses, buildings, structures, lot
sizes and open spaces, to encourage and take advantage of opportunities for more
integrated, flexible and superior design than is available through the application of
conventional regulation which anticipates individual lot development. It is the
intent of this zone to provide a flexible means to implement the goals, policies
and programs of the Butte County general plan while ensuring the provision of
adequate standards to protect the public health, safety and general welfare. It is
also the purpose of this zone to encourage innovative, high-quality design,
efficient use of land and modern site planning for residential, agriculture,
commercial and industrial purposes.
(c) Land use density area. The residential land use density of any planned unit
development zone shall not exceed that allowed by the Butte County general plan
designation for the proposed site.
As noted previously in this report, the General Plan 2030 density for this site is 335 dwellings on
333 acres. The project complies with the General Plan 2030 density because is proposes 312
dwellings. A copy of the proposed Paradise Summit PUD ordinance is attached to this report.
As noted in the Recommendation, the Planning Commission will make a recommendation to the
Board of Supervisors on the PUD. The Board of Supervisors will consider the Planning
Commission’s recommendation at a future noticed public hearing.
The PUD ordinance for the project includes a list of permitted uses, accessory uses, conditionally
permitted uses, setbacks and other items. The list of permitted uses in the residential areas is
limited to a single-family residence and small family day care and similar uses. The ordinance
does not list second dwelling units as a permitted use. The applicant indicates that second
dwelling units were not listed as a permitted use in order to address neighbor concerns regarding
early in the process. Accessory uses include detached buildings, shops, garages and guest houses
(not a dwelling). Conditionally permitted uses include public and quasi-public uses, nurseries
and plant gardens and wireless communications facilities. Minor use permits would be required
for large-family day care facilities and bed and breakfast uses. An administrative permit would
be required for home occupations and temporary uses. A copy of the PUD ordinance is attached
to this staff report.
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Compatibility with Adjacent Land Uses
North and west of the project is developed with large lot residential uses. Area uses also include
a nearby mobilehome park to the north and a residential Planned Unit Development to the east of
Pentz Road. Although the proposed subdivision’s lot sizes are smaller than the adjacent
subdivision to the west, the gross density of the project is not incompatible with the large lot
development in the area.
A 3,500+ acre area west of Pentz Road, South of Pearson Road, and east of Clark Road was
designated as a Specific Plan Area in 1994 with adoption of the Town Of Paradise General Plan.
The Draft Southeast Paradise Area Specific Plan was prepared in March 2008 for the
approximately 5.5 square mile area. The Draft Specific Plan states that “the Town’s land use
concept for future development of the Plan Area incorporates mainly residential, parkland, and
recreational uses within the context of preserving environmental and cultural resources.”
Numerous development constraints are identified such as steep slopes and habitat preservation,
and the Specific Plan estimates only 556 developable acres within the Specific Plan Area. Of
this developable acreage, approximately 300 acres are in common ownership; a conceptual land
use scheme (not a formal application) has been reviewed by the Town and is referred to as
‘Merritt Ridge.’
The project appears compatible with growth anticipated by the Town of Paradise in its sphere of
influence and compatible with adjacent existing and planned development. Proposed lot sizes
are smaller than surrounding residential development to the northeast; however, the proposed
project would yield a similar overall density of development given the 195 acres of land set aside
in open space. Smaller lot sizes are consistent with the objective of conserving resource land
while providing adequate housing. Residential land uses are typically considered compatible
with other residential land uses despite differing parcel sizes. With proposed mitigation and
conditions of approval, the project was not found to generate noise, dust, traffic or other
nuisances that would constitute an incompatibility with surrounding residential land uses.
WATER SUPPLY ASSESSMENT
A water study has been prepared pursuant to state law (SB610/221) to describe how much water
and what types of supporting infrastructure are needed to supply water to the project site. That
analysis has been prepared and is provided in Draft EIR Appendix. As Executive Officer for
Del Oro Water Company (DOWC), Robert Fortino has signed a letter concurring with the
conclusions of the water study.
DOWC proposes to obtain additional water to serve the project, as identified in the WSA, from
the County’s allocation of Lake Oroville water (Table A water). Although the price and terms of
potential sale of Table A water have not been negotiated, adequate water supplies are available to
serve the Paradise Summit Project. Water Conveyance infrastructure from Lake Oroville up
Pentz Road to serve the project site was approved by Use Permit UP 05-18. That use permit
limited service connections to 500 dwelling units to serve existing and planned uses. DOWC is
required to amend Use Permit UP05-18 if they will need to exceed the 500 dwelling units.
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The Planning Commission’s role does not extend to making recommendation to the Board of
Supervisors relative to the use or price of Table A water. Any Board action to approve the
Paradise Summit project would need to be accompanied by adequate Table A water sales to
serve development, as identified by the WSA.
DEPARMENT/AGENCY REVIEW
The project will involve numerous agencies and permitting processes.
Action/Approval Agency
TSM, PUD and Expansion of Water
Connections for the DOWC, Encroachment
into Pentz Road
Butte County
Waste Discharge Requirements, Anti-
Degradation Permit; Construction Storm
Water Permit
CA Regional Water Quality Control Board
Community Financing District,
Community Services District or County
Service Area (If proposed)
Local Agency Formation Commission
(LAFCO) if CFD or CSA is proposed.
Other financing mechanisms may not require
LAFCO approval
Fuel Modification Plan CalFire/Butte County Fire
Wildlife Corridor Plan, Monitoring Plan,
Streambed Alteration Permit
CA Department of Fish and Game
Section 404 permit or waiver of permit US Army Corps of Engineers
Regulatory oversight will be provided by Butte County Departments, including Public Works for
improvements within the public rights-of-way, Environmental Health for the public water supply
and private wastewater treatment, CalFire/Butte County Fire for a fuel modification plan and Fire
Services Funding Plan, and Development Services for plan check and building inspection. Project
Commitments including a monitoring plan that outlines the various County departments with
oversight responsibility. The conditions of approval and Project Commitments contained in this
report have been prepared and/or reviewed by County Departments.
CalFire/Butte County Fire Department
Fire Safety and Fire Services Funding
The project is within a Very High Fire Hazard Severity Zone within the State Responsibility Area.
Steep slopes of 46 to 53% located at the project site’s eastern edge exacerbate concerns of wildfire
traveling quickly to the project site. The eastern slope is covered with dense to impenetrable
thickets of Manzanita, buck brush, mountain mahogany and scrub oak, posing a significant
potential wildfire fuel source. Areas north and east of the project site have a recent history of
wildfire occurrence. There are two Project Commitments #8 (subsection C - Fuel Modification)
and #17 (Public/Fire Services – Wildfire Disclosure) that are part of the project description.
Condition of Approval #54 requires funding of fire services for the project contribution to
maintaining County-wide compliance with the Deployment Performance Standards. This is
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based on the Butte County Fire Department Deployment Performance Standards as presented to
the Board of Supervisors on August 19, 2008 and General Plan 2030 Policy PUB-P2.2 stating
that the adopted Standards of Cover for fire protection shall be maintained and implemented.
Butte County Environmental Health
Wastewater Treatment
The onsite wastewater collection and treatment system for the proposed development is
anticipated to utilize Septic Tank Effluent Pumping (STEP) collection for collection of effluent
to a common treatment facility and dispersal system. Condition of Approval #57 requires the
establishment of a County-approved entity for oversight of the wastewater facility. The project
would place its waste treatment and dispersal system under the purview of the County-approved
oversight entity when that option becomes available.
CEQA PROCESS
Draft EIR
The project had previously been processed with a Mitigated Negative Declaration and presented
to the Planning Commission and Board of Supervisors in 2010. With comments received on the
project and the Mitigated Negative Declaration, staff evaluated the record as a whole and
determined that an EIR would be required. On January 25, 2011, staff recommended that the
Board of Supervisors require and Environmental Impact Report prior to considering the project.
The Board of Supervisors directed that an EIR be prepared to evaluate the following issues: Fire
Services and Safety; Land Use under Butte County General Plan 2030; Transportation/Traffic;
Wastewater; Forest Resources; and Greenhouse Gas Emissions.
Staff circulated a Notice of Preparation for an EIR on March 2, 2011 through April 1, 2011. A
public scoping meeting was held on March 22, 2011. A Draft EIR was prepared and released for
a 45-day review period beginning on January 17, 2012. The Planning Commission held a public
hearing to receive comment on the Draft EIR on January 26, 2012. The Draft EIR review period
closed on March 1, 2012.
The applicant incorporated all of the mitigation measures from the previous Mitigated Negative
Declaration into the project description. These are listed as Project Commitments in the Project
Description section of the Draft EIR. The Draft EIR concluded that there were no additional
significant impacts. The Draft EIR also evaluated cumulative impacts and growth inducing
impacts. Again, for these categories, there were no significant impacts.
Final EIR
There were 22 agency and individual comments on the Draft EIR in addition to those comments
received at the January 26, 2012 Planning Commission hearing on the Draft EIR. Many of the
comments from individuals were regarding the impacts to fire safety, traffic, site distance at
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Lago Vista and Pentz, infrastructure design and maintenance and other environmental issues.
Staff compiled the comments received and coordinated responses and changes to the Draft EIR
with the consulting firm assisting with EIR preparation. The Final EIR was completed under the
requirements of CEQA. The Final EIR includes the Draft EIR by reference. Staff circulated
public notice of the Final EIR including responses to comments a minimum of 10 days in
advance of the Planning Commission’s consideration of certification of the Final EIR.
Certification of the Final EIR is a review conducted by the Planning Commission serving as the
lead agency under CEQA that the EIR has been completed. Consideration of Certification
requires that the Final EIR has been completed in compliance with CEQA. Certification also
requires that the Planning Commission reviewed and considered the information contained in the
Final EIR prior to considering action on the project, that the Final EIR reflects the lead agency's
independent judgment and analysis, and that the certification may be appealed to the Butte
County Board of Supervisors. As noted on the Planning Commission agenda, the action of the
Planning Commission regarding the Final EIR and the project is subject to a 10-day appeal
period.
Alternatives
CEQA Guidelines section 15126.6(a) provides that An EIR shall describe a range of reasonable
alternatives to the project, or to the location of the project, which would feasibly attain most of
the basic objectives of the project but would avoid or substantially lessen any of the significant
effects of the project, and evaluate the comparative merits of the alternatives. The purpose of an
alternatives discussion is provided in 15126.6(b) Because an EIR must identify ways to mitigate
or avoid the significant effects that a project may have on the environment (Public Resources
Code Section 21002.1), the discussion of alternatives shall focus on alternatives to the project or
its location which are capable of avoiding or substantially lessening any significant effects of the
project, even if these alternatives would impede to some degree the attainment of the project
objectives, or would be more costly.
Draft EIR Section 6.0 discusses a reasonable range of alternatives to the project. The Off-Site
Alternative is eliminated from further consideration. There are four alternatives that are
evaluated further in the Draft EIR: Alternative 1 - No Project/Baseline Condition Alternative;
Alternative 2 – One Third Reduced Density; Alternative 3 – 50 Percent Reduced Density; and
Alternative 4 – Winter Deer Migration Overlay.
CEQA Guidelines Section 15126.6 requires a discussion of a reasonable range of alternatives to
a project or to the location of the project which would feasibly attain most of the basic objectives
of the project but would avoid or substantially lessen any of the significant effects of the project.
An EIR need not consider alternatives which are infeasible. For this project, several alternatives
were evaluated. These alternatives are discussed in the Draft EIR Section 6.0.
Alternative Eliminated from Further Consideration: The Off-Site Alternative. This alternative
would consist of developing the entire project on another site within Butte County and the
Paradise area. The Southeast Paradise Specific Plan area as designated in General Plan 2030 as
Specific Plan Overlay include 1,206 acres of unincorporated land west of State Route 191 and
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south of Paradise. Developing a similar project on an alternative site would result in similar
project impacts and would simply transfer the impacts to areas surrounding the alternative site
locations. Therefore, this alternative was eliminated from further review based on Section
15126.6(f)(2), which states that “Only locations that would avoid or substantially lessen any of
the significant effects of the project need be considered in the EIR.” In addition, the project
proponent already owns the project site, and could not reasonably acquire, control or otherwise
have access to the alternative site (Section 15126.6(f)(1)).
The Draft EIR examines four project alternatives, all at a comparative level of detail, consistent
with the requirements of CEQA. A summary comparison of the alternatives is provided in Table
6.0-1 of the Draft EIR. The alternatives analyzed are provided below as:
A) Alternative 1 - No Project/Baseline Condition Alternative;
B) Alternative 2 – One Third Reduced Density;
C) Alternative 3 – 50 Percent Reduced Density; and
D) Alternative 4 – Winter Deer Migration Overlay.
The primary purpose of Section 6.0 Alternatives is to provide decision makers and the public
with a reasonable range of feasible alternatives that could attain most of the basic project
objectives, but would avoid or substantially lessen any of the significant effects of the proposed
project. For the reasons stated below, the Planning Commission finds that the EIR contains a
reasonable range of alternatives.
A. Alternative 1 - No Project/Baseline Condition Alternative
The consideration of this alternative is required under CEQA Guidelines Section 15126.6 (e).
This alternative provides a comparison between the environmental impacts of the proposed
project in contrast to the environmental impacts that could result from not approving or denying
the proposed project. Under this alternative, the proposed project site would retain its existing
2030 General Plan land use designation of Planned Unit Development Designation (PUD) and
existing zoning of Agricultural Residential (AR-1), with 1-acre minimum parcels and AR-2.5,
with 2.5-acre minimum parcels.
B. Alternative 2: One-Third Reduced Density Alternative
This Alternative would evaluate the proposed project with a one-third reduced residential
density. This Alternative decreases the number of lots from 312 to a total of 208 parcels,
resulting in an overall decrease of 104 parcels. The General Plan states that the Paradise Summit
PUD will include a “mix of uses that will occur in a 333-acre area located southeast of Paradise.
The PUD will limit development to not more than 335 dwelling units in a clustered development
pattern.” Therefore, it is assumed that this Alternative, would have a similar design footprint;
maintaining approximately 137.5 acres for residential development, 153 acres in open space, and
approximately 41 acres as a designated deer migration corridor. Under this Alternative the 208
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parcels would result in an average parcel size of approximately 0.49 acres on 137.5 acres
(assuming 102.5 acres for residential uses and 35 acres for roads).
C. Alternative 3: 50 Percent Reduced Density Alternative
This Alternative would evaluate the proposed project assuming a 50 percent reduction in density.
Because the site is designated as a PUD, which allows for a mix of uses in a clustered
development pattern, this Alternative would maintain the same footprint as the proposed project;
thereby maintaining designated areas for open space and the deer migration corridor. Under the
50 Percent Reduced Density Alterative, the project would result in 156 parcels for an average
density of 0.65 acres on 137.5 acres (assuming 102.5 acres for residential uses and 35 acres for
roads).
D. Alternative 4: Winter Deer Migration Overlay Alternative
The proposed project is located within the Winter Deer Herd Migration Area, requiring 20‐acre
minimums. This Alternative has been included to address General Plan Policies LU‐P1.10 and
COSP10.1. Specifically, these Policies limit development in foothill and mountain areas that are
constrained by fire hazards, water supply, migratory deer habitat, and encourage clustered
development, respectively. With 20‐acre minimum parcel sizes, the project site could
accommodate 16 parcels. However, in order to be consistent with the PUD designation and
protect sensitive biological and cultural resources, preserve open space areas and the deer
migration corridor, this Alternative would cluster development within the 137 acres proposed for
residential development. Therefore, this Alternative would result in 16 parcels approximately 8.5
acres in size. The remaining designated open space areas and deer migration corridor would be
protected under a conservation easement, deed restriction, or other County approved
conservation mechanism.
Analysis of Alternatives
Section 6.3 of the Draft EIR provides an analysis comparing the proposed project with each
individual alternative. The following categories are analyzed: Aesthetics, Visual Resources;
Agricultural and Forestry Resources; Air Quality; Biological Resources; Cultural Resources;
Geology, Soils, and Seismicity; Greenhouse Gas Emissions; Hazards and Hazardous Materials;
Hydrology and Water Quality; Land Use Planning; Mineral Resources; Noise; Population and
Housing; Public Services; Recreation; Transportation/Traffic; and, Utilities and Service Systems.
Table 6.0-1 of the Draft EIR, shown below, provides a table-format comparison of the analysis.
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Planning Commission Agenda Report – Paradise Summit TSM08-0006 PUD08-0001 Page 17 of 20 146
Environmentally Superior Alternative
CEQA Guidelines Section 15126.6(e)(2) requires the EIR to identify the environmentally
superior alternative. Section 6.4 of the Draft EIR identifies the No Project/Baseline Condition
Alternative as the Environmentally Superior Alternative. Where an EIR identifies the No Project
Alternative as the Environmentally Superior Alternative, another environmentally superior
alternative must be identified among the remaining alternatives. The Winter Deer Herd
Migration Overlay is the Environmentally Superior Alternative other than the No Project
Alternative.
Reasons for rejecting the alternatives
Under an EIR, the Planning Commission is required to consider the project alternatives in
making a decision on the project. The following discussion provides a basis to reject the
alternatives in considering approval of the project.
No Significant Impacts from the Project. The project does not result in significant
unavoidable impacts. With the Project Commitments, all of the project impacts are less than
significant. The purpose of an alternatives discussion is provided in 15126.6(b) Because an EIR
must identify ways to mitigate or avoid the significant effects that a project may have on the
environment (Public Resources Code Section 21002.1), the discussion of alternatives shall focus
on alternatives to the project or its location which are capable of avoiding or substantially
lessening any significant effects of the project, even if these alternatives would impede to some
degree the attainment of the project objectives, or would be more costly.
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General Plan Vision. General Plan 2030 envisions up to 335 dwellings on this property
(General Plan 2030 Land Use Element subsection D, pages 66-67). The General Plan EIR
includes buildout of 335 dwellings this project site in the planning horizon of the General Plan.
Project Objectives. The following is an outline/comparison of the project objectives relative to
the four alternatives.
Alternative 1 - No Project/Baseline Condition Alternative. This alternative is rejected as it
would not provide for the following Project Objectives:
• Project Objective #1 Develop an economically viable project that is consistent with the Butte
County 2030 General Plan. Alternative 1 would not provide a viable project with
residential development as envisioned by General Plan 2030.
• Project Object #2 Create variable lot sizes and cluster development to allow for an
optimum amount of open space. Alternative 1 would not provide variable lot sizes, cluster
development or designated open space.
• Project Objective #3 Provide additional housing opportunities to local residents.
Alternative 1 would not provide additional housing opportunities.
Alternative 2 - One Third Reduced Density Alternative. This alternative is rejected as it will
not provide for the following Project Objective:
• Project Objective #1 Develop an economically viable project that is consistent with the Butte
County 2030 General Plan. Alternative 2 would provide one-third fewer dwellings on the
project site. This would reduce the economic viability of the project.
• Project Objective #3 Provide additional housing opportunities to local residents.
Alternative 2 would reduce the housing opportunities by 104 dwellings compared to the
Project.
Alternative 3 is the 50 Percent Reduced Density. This alternative is rejected as it will not
provide for the following Project Objectives:
• Project Objective #1 Develop an economically viable project that is consistent with the Butte
County 2030 General Plan. Alternative 3 would provide one-half of the dwellings on the
project site. This would reduce the economic viability of the project.
• Project Objective #3 Provide additional housing opportunities to local residents.
Alternative 3 would reduce the housing opportunities by one-half (a reduction of 156
dwellings) compared to the project.
Alternative 4 is the Winter Deer Migration Overlay. This alternative is rejected as it will not
provide for the following Project Objectives:
• Project Objective #1 Develop an economically viable project that is consistent with the Butte
County 2030 General Plan. Alternative 4 would provide 16 dwelling units on the
property. This would reduce the economic viability of the project.
• Project Objective #3 Provide additional housing opportunities to local residents.
Alternative 4 would reduce the housing opportunities by 296 dwellings compared to the
project.
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Alternative Eliminated from Further Consideration
The Off-Site Alternative would consist of developing the entire project on another site within
Butte County and the Paradise area. The Southeast Paradise Specific Plan area as designated in
General Plan 2030 as Specific Plan Overlay include 1,206 acres of unincorporated land west of
State Route 191 and south of Paradise. Developing a similar project on an alternative site would
result in similar project impacts and would simply transfer the impacts to areas surrounding the
alternative site locations. Therefore, this alternative was eliminated from further review based
on Section 15126.6(f)(2), which states that “Only locations that would avoid or substantially
lessen any of the significant effects of the project need be considered in the EIR.” In addition,
the project proponent already owns the project site, and could not reasonably acquire, control or
otherwise have access to the alternative site (Section 15126.6(f)(1)).
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AG
RC
MUN
P
PUD
FR
MDRVLDR
RTL
Paradise Summit 2030 General Plan Land Use Designations
0 0.25 0.5
MilesBoundary provided by NorthStar EngineeringGeneral Plan (2030) provided by Butte CountyBase Map: MicrosoftMap Date: November 21, 2011
Figure 4.4-1
Paradise Summit2030 General Plan Land Use Designations
Town of ParadiseAgriculture/Timber/Conservation Designations
Agriculture (20-ac to 320-ac minimum)
Resource Conservation (40-ac minimum)Residential Designations
Foothill Residential (1 to 40 ac/du)
Very Low Density Residential (1 du/5 ac to 1 du/ac)
Medium Density Residential (3 to 6 du/ac)
Commercial/Industrial Designations
Retail and Office (0.4 maximum FAR)Other Designations
Public
Planned Unit Development
155
U
R-C
AR-1
FR-40
Town of Paradise
FR-40
AR 2 1/2
U
PUD
FR-40
R-C
S-H
H-C
FR-20
FR-20
R-1
FR-20
Paradise Summit Existing Zoning
0 0.25 0.5
MilesBoundary provided by NorthStar EngineeringZoning provided by Butte CountyBase Map: MicrosoftMap Date: January 3, 2012
Figure 4.4-2
Paradise Summit
Town of Paradise
Existing Zoning
(AR 2 1/2)Agricultural
(AR-1) Agricultural
(FR-20) Foothill Recreational
(FR-40) Foothill Recreational
(H-C) Highway Commercial
(PUD) Planned Unit Development
(R-1) Residential
(R-C) Resource Conservation
(S-H) Scenic Highway
(U) Unclassified
156