HomeMy WebLinkAbout2 MUP13-0004 ZA 2013-08-14 Agenda report packetBUTTE COUNTY ZONING ADMINISTRATOR
AGENDA REPORT – August 14, 2013
Applicant:
Owners:
Loafer Creek LLC
Loafer Creek, LLC Taylor Family Trust
Location: The project site approx. six miles east of the City of
Oroville. The project site is located northeast of the
intersection of State Route 162 and Forbestown Road on the
south side of Lake Oroville.
File #: MUP13-0004 Parcel Size: Of the 1132 acres within the parcels there are 537 acres of
proposed development
Request:
Modification of the approved
Whisper Ridge Golf Course (UP12-0006) to increase the size
of the golf course lodge units, reconfigure hotel/wellness center
and remove a mitigation measure with a change in the golf course
layout
Supervisor District: 1
Planner: Pete Calarco, Assistant
Director; 538-2167
G.P.: Agriculture, Foothill Residential,
Medium High Density Residential, Recreation Commercial; Deer
Herd Migration Overlay; Stringtown Mountain Specific
Plan Overlay(existing); Stringtown Mountain Specific Plan to be
developed Overlay (future)
Attachments Zoning Administrator Decision
(includes findings), Exhibit A –Conditions of Approval
Vicinity Map Project Exhibits:
Site Plan Hotel/Wellness
Floor Plan Addendum EIR:
www.buttecounty.net/dds
Zoning:
Agriculture (AG-80); Foothill
Residential (FR-40), AG-80-REC & FR-40-REC (Recreation
Commercial Overlay), Recreation Commercial (REC), Medium High
Density Residential (MHDR)
APNs 072-180-012, -014, -015, -016, -017, -029, -030, -053, -054, and 072-570-001
RECOMMENDATION
Staff recommends that the Zoning Administrator approve MUP13-0004 as a modification to UP12-0006 with the findings, conditions and Addendum EIR contained
within this report.
1
Butte County Department of Development Services
August 14, 2013 Zoning Administrator Agenda Report – Whisper Ridge Golf Resort at Lake Oroville MUP13-0004 Page 2 of 4
SUMMARY
Loafer Creek, LLC filed Minor Use Permit 13-0004 as a request to modify Use Permit
12-0006. MUP12-0006, along with a rezone (REZ12-0001) and two lot line
adjustments, was previously approved by the Board of Supervisors on April 23, 2013.
The modifications proposed include an increase to the size of the golf course lodge
units, reconfiguring hotel/wellness center and removal of Mitigation Measure 3.4-3 (250-
foot buffer) with a change in the golf course layout. An Addendum EIR to the previously
certified EIR (SCH#2012102036) has been prepared.
PROJECT OVERVIEW
MUP 13-0004 is a request for the following:
• Modify the configuration of the Hotel Complex and Wellness Center on 072-180-
016;
• Increase the size of the nine lodging units near the golf course on 072-180-014
from 1,500 to 2,900 square feet; and
• Remove the 250-foot buffer requirement of Mitigation Measure 3.4-3, as field
studies have determined that the California black rail and Red Bluff dwarf rush
species are not present. This modification includes a change to the golf course
layout on the northeast a portion of 072-180-053. The exhibits for UP12-0006
that were presented to the Board of Supervisors were conditioned with the 250-
foot buffer requirement. The proposed modification to the golf course layout
returns the design to the pre-mitigation version that was fully evaluated in the
Golf Resort at Lake Oroville EIR (SCH#2012102036).
Additional discussion of the project is provided in the Addendum EIR attached to this
report. All the other portions of the project previously approved by the Board of
Supervisors will remain the same. The project was reviewed under CEQA with an
Addendum EIR.
REVIEW PROCESS
• The application for Project MUP13-0004 was received on June 21, 2013. The
application materials were posted online at the Planning Division website at
http://www.buttecounty.net/dds .
• An Addendum Environmental Impact Report was prepared under the
requirements of CEQA.
• Conditions of approval for MUP13-0004 have been prepared based on the conditions of approval for UP12-0006.
2
Butte County Department of Development Services
August 14, 2013 Zoning Administrator Agenda Report – Whisper Ridge Golf Resort at Lake Oroville MUP13-0004 Page 3 of 4
• A duly noticed public hearing was scheduled for the Butte County Zoning
Administrator on August 14, 2013.
MINOR USE PERMIT FINDINGS
Section 24-222 of the Butte County Code, Zoning Ordinance requires specific findings
as part of the Minor Use Permit approval process. The review and decision-making authority may approve an application for a Minor Use Permit only if the proposed project
complies with applicable standards in the Zoning Ordinance, other County ordinances,
the General Plan, any other applicable community or specific plan, the County
Improvement Standards, and as supported by all the findings as outlined in the attached
Zoning Administrator Decision. The project, with conditions, complies with the required findings to approve a minor use permit.
CEQA REVIEW
• An EIR was certified (SCH#2012102036) for the previously approved project
(UP12-0006/REZ12-0001/LLA12-0010 and LLA12-0011). That EIR identified
that there was habitat suitable for the California black rail and the Red Bluff
dwarf rush near Pond #1 and Pond #1 of the golf course area of the project.
Lacking confirmation of presence or absence, the EIR assumed presence and required Mitigation Measure 3.4-3 with a 250-foot buffer from the habitat
areas. The project was modified with a golf course design avoiding the 250-
foot buffer area.
• Field studies (included in the attached Addendum EIR) were conducted confirming that the species are not present.
• As noted above, MUP13-0004 proposes to return the golf course design to
the layout that was proposed before applying the 250-buffer requirement in
MM 3.4-3
• An Addendum Environmental Impact Report (EIR) was prepared evaluating
the proposed project under the requirement of the California Environmental
Quality Act (CEQA).
• The Addendum EIR found that there were no changes that require a
supplemental or subsequent EIR and contains detailed discussion supporting
this conclusion.
• The Addendum EIR is attached to this report. The public notice included reference to the Addendum EIR.
3
Butte County Department of Development Services
August 14, 2013 Zoning Administrator Agenda Report – Whisper Ridge Golf Resort at Lake Oroville MUP13-0004 Page 4 of 4
Attachments
Zoning Administrator Decision (includes findings) Exhibit A – MUP13-0004 Conditions of Approval
Vicinity Map
Project Exhibits:
Site Plan
Hotel/Wellness Floor Plan
Addendum EIR
_____________________
Additional website resources:
Butte County Board of Supervisors Report – Whisper Ridge Golf Resort at Lake Oroville
(UP12-0006/REZ12-0001/LLA12-0010 and 12-0011), April 23, 2013:
http://lf.buttecounty.net/weblink7/ElectronicFile.aspx?docid=804372
Whisper Ridge Golf Resort and Lake Oroville Final EIR and Draft EIR:
http://www.buttecounty.net/Development%20Services/PLANNING%20DIVISION/Special%
20Projects/Whisper%20Ridge%20Golf%20Resort.aspx
Stringtown Mountain Specific Plan (1994):
http://www.buttecounty.net/Development%20Services/PLANNING%20DIVISION/Specific%
20Area%20Neighborhood%20Plans/Stringtown%20Mountain.aspx
General Plan 2030 & Zoning Ordinance:
http://www.buttecounty.net/Development%20Services/GENERAL%20PLAN%20Official%2
0Current%20Adoption%20Page%20and%20Zoning%20Ordinance%20Updates.aspx
4
MINOR USE PERMIT MUP13-0004 (Loafer Creek, LLC)
Modifications to UP12-0006 Whisper Ridge Golf Resort
ZONING ADMINISTRATOR DECISION ZDN13 - ___
I. Find this project approval complies with the requirement of the California
Environmental Quality (CEQA) with the Addendum Environmental Impact Report.
The custodian of the record is the Department of Development Services. The
location of the record is 7 County Center Drive, Oroville CA 95965.
II. Make the following Minor Use Permit findings and approve Minor Use Permit
MUP13-0004, subject to the following conditions.
A. The proposed use is allowed in the applicable zone or meets the criteria for the
reconstruction or intensification of a nonconforming use per Article 22
(Nonconforming Uses and Structures).
The amendments proposed in MUP13-0004 to the previously approved UP12-0006
are consistent with the Recreation Commercial Overlay Zone. MUP13-0004 is not
a significant change from the approval of UP12-0006 and is consistent with the
findings previously made with the approval of UP12-0006. The Board of
Supervisors approved UP12-0006 with Rezone 12-0001 and two lot line
adjustments on April 23, 2013 including certifying an EIR.
B. The location, size, design, and operating characteristics of the proposed use will be
compatible with the existing and future land uses in the vicinity of the subject
property.
The modifications included in MUP13-0004 are compatible with the existing and
future land uses in the vicinity. The modifications of MUP13-0004 are internal to
the project location, size and design. The operating characteristics are not
changing from the previously approved project under UP12-0006.
C. The proposed use will not be detrimental to the public health, safety, and welfare of
the County.
The modifications proposed in MUP13-0004 will not be detrimental to public health,
safety, and welfare of the County. The modifications of MUP13-0004 are internal
to the project location, size and design. Increasing the floor area of the golf course
lodging units and reconfiguring the hotel/wellness center will not affect public
health, safety, and welfare of the County. Modifying the layout of the golf course
and removal of the 250-foot buffer requirement of Mitigation Measure 3.4-3 is
based on evidence in the Addendum EIR that the California black rail and Red Bluff
dwarf rush are not present on the site.
5
D. The proposed use is properly located within the County and adequately served by
existing or planned services and infrastructure.
The modifications will not require additional demands on existing or planned
services and infrastructure. The reconfiguration of the hotel/wellness center does
not increase the number of units from the previous approval of UP12-0006. The
increase in floor area of the golf course lodge units does not increase the number
of units that were previously approved in UP12-0006. The modifications to the golf
course design do not increase the demand on services or infrastructure.
E. The size, shape, and other physical characteristics of the subject property are
adequate to ensure compatibility of the proposed use with the existing and future
land uses in the vicinity of the subject property.
The developed area affected by the modifications is not an increase over the area
approved with UP12-0006. The site size, shape and physical characteristics are
adequate to ensure compatibility of the use with the existing and future land uses in
the vicinity of the project.
F. The project, with conditions, complies with the required findings to approve a minor
use permit.
III. Approves Minor Use Permit MUP13-0004 for the Whisper Ridge Golf Resort,
subject to the findings and conditions in Exhibit “A”.
6
MUP13-0004 (Loafer Creek, LLC) Page 1 of 8 Zoning Administrator Approval Date:
EXHIBIT A
USE PERMIT
BUTTE COUNTY ZONING ADMINISTRATOR
DATE
MUP13-0004
PERMIT NO.
072-180-012, 072-180-014, 072-180-015,
072-180-016, 072-180-017, 072-180-029, 072-180-030, 072-180-053, 072-180-054, and 072-570-001
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: Loafer Creek, LLC is hereby granted a Minor Use Permit to modify
the Whisper Ridge Golf Resort at Lake Oroville, previously approved under UP12-0006 to
develop a golf course, hotel and wellness center including the proposed uses and buildings as shown on the approved site plan. Modifications included in MUP13-0004 include: Modification
of the configuration of the Hotel Complex and Wellness Center on 072-180-016; Increase to the
size of the nine lodging units near the golf course on 072-180-014 from 1,500 to 2,900 square
feet; and removal of the 250-foot buffer requirement of Mitigation Measure 3.4-3, as field
studies have determined that the California black rail and Red Bluff dwarf rush species are not present. This modification includes a change to the golf course layout on the northeast a portion
of 072-180-053.
CONDITIONS OF APPROVAL:
1. Failure to comply with the conditions specified herein as the basis for approval of this Minor
Use Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Code (BCC), Chapter 24, Article 34, Section 251
Permit Revocation or Modification.
2. Unless otherwise provided for in a special condition to this Minor Use Permit, all conditions
must be completed prior to or concurrently with the establishment of the granted use. The
use granted by this Minor Use Permit must be established within 24 months of the delivery of the countersigned permit to the Permittee, or as provided by BCC Chapter 24, Article 34,
Section 247 Time Limits and Extensions.
3. The County may require a security to guarantee the proper completion of any approved
work or compliance with any conditions of approval authorized by the Zoning Ordinance as
provided by BCC Chapter 24, Article 34, Section 245.
4. Minor changes may be approved administratively by the Zoning Administrator 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
7
MUP13-0004 (Loafer Creek, LLC) Page 2 of 8 Zoning Administrator Approval Date:
approved. Changes deemed to be major or significant in nature shall require a formal
application for amendment.
5. If any use for which a Minor Use Permit has been granted is not established within two
years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use.
6. The terms and conditions of this permit shall run with the land and shall be binding upon
and be to the benefit of the heirs, legal representatives, successors, and assigns of the
Permittee.
7. The County may inspect the property subject to this Minor Use Permit on an annual basis to verify compliance with applicable standards and conditions of approval as set forth in BCC
Chapter 24, Article 31, Section 225 Annual Inspection. The County shall be reimbursed by
the property owner or operator, as established by the Butte County Master Fee Schedule and
as amended.
8. Issuance of this Minor Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other
requirements.
PLANNING DIVISION
9. Minor Use Permit 13-0004 is a modification to Use Permit 12-0006. These conditions of
approval are applicable to the whole of the project including all components of UP12-0006
and the portions of the project modified by MUP13-0004.
10. The project shall be consistent with the approved site plan as modified by MUP13-0004 and
consistent with all other requirements of UP12-0006 including the architectural theme and the Project Design Standards, Project Description and Project Commitments that are
included in the EIR and Addendum EIR.
11. The Recreation Commercial Overlay Zone uses allowed on the site are limited to the uses
authorized by this use permit including the project description analyzed in the EIR and
Addendum EIR. Additional uses otherwise provided in the Recreation Commercial Overlay Zone are limited to the uses proposed in this use permit.
12. The future cell tower location is subject to an administrative, minor use permit or use permit
process as applicable under BCC, Chapter 24, Article 26 Telecommunication Facilities.
13. Dedication of a fire station parcel one-acre in size to Butte County consistent with the
Stringtown Mountain Specific Plan and Resolution 94-114 is required prior to certificate of occupancy of the hotel complex units or hotel lobby.
14. Building permit applications shall include a site plan including applicable parking,
landscaping and signage requirements consistent with the use permit and Butte County
Code.
15. Per Section 21081.6 of the California Public Resources Code, Butte County has adopted a Mitigation Monitoring and Reporting Program (MMRP) for the changes made to the project
by the Butte County Board of Supervisors to mitigate or avoid significant effects on the
8
MUP13-0004 (Loafer Creek, LLC) Page 3 of 8 Zoning Administrator Approval Date:
environment. The MMRP is designed to ensure compliance with mitigation measures
during project implementation. Mitigation Measure 3.4-3 is removed as described in the
Addendum EIR.
16. 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.
17. A funded monitor that is qualified by the Mechoopda Tribe shall be on site during ground
clearing activities, grading or other surface disturbance activities within 165 feet measured from the protective fencing of the prehistoric cultural sites Stringtown 1 and PA-12-G10.
18. Project Commitments. The Project Commitments and project description items required
include, but are not limited to, the following:
a. The project shall maintain consistency with the plans included as Project
Commitments in the project description in the EIR. These include: Sustainable Transportation Plan, Sustainable Waste Management Plan, Lighting Management Plan, Natural Landscape Plan, Wildlife Management Plan, Integrated Pest
Management Plan, Noxious Weed Plan, Fire Management Plan, Water Quality and
Water Conservation Management Plan.
b. First Tee Program National School Program or equivalent. The project shall initiate such program prior to operation of the golf course facility and maintain such program including use of the 9-hole Kids Short Course and Short Game Area.
c. Audubon Sanctuary Program or equivalent. The project shall register and maintain
the Audubon Sanctuary Program status (USGA and Audubon International) or
equivalent.
d. Internal circulation patterns shall be maintained providing access between public ways and between the hotel/wellness center area and the golf course. These include
the project access roads, cart path and the emergency access and maintenance road.
The intersection of the emergency access and maintenance road with Stringtown
Road shall remain for purposes of emergency access and maintenance vehicles only.
e. Special Events are those are in addition to the regular attendance of the golf course, hotel and wellness center and that start at a specific time. Special Events are limited
to 200 people excluding those at the golf course, hotel and wellness center, and staff.
f. Temporary buildings, including offices, meeting facilities, restrooms, and break
rooms, associated with construction of the site are subject to building permit requirements. These buildings may include small parking areas and temporary utilities.
PUBLIC WORKS
STREETS
19. Prior to establishing use, deed to Butte County in fee simple 40 feet of right-of-way from the
physical centerline of Forbestown Road along the entire property frontage.
9
MUP13-0004 (Loafer Creek, LLC) Page 4 of 8 Zoning Administrator Approval Date:
20. Prior to establishing use, relinquish abutter's rights of access to Butte County along the
Forbestown Road frontage of all parcels except at approved access points.
21. Prior to establishing use, install all necessary traffic safety signs including stop signs.
22. Prior to issuance of a Certificate of Occupancy widen Forbestown Road at the entrance to the Hotel and Wellness Center Site to install a standard S-18A road approach with a left turn pocket from eastbound Forbestown Road into the project and an appropriate deceleration
and right turn pocket from westbound Forbestown Road in to the project. Sight distance per
Caltrans standards shall be provided. Right-of-way required for construction of road
approach and roadside drainage shall be provided by the project proponent. Offsite Improvement Plans for these improvements shall be prepared and submitted to the Public Works Department for review and approval. All work under this condition shall be done
under an Encroachment Permit issued by the Public Works Department. The Permittee
shall also post appropriate financial security, for the work contemplated under this
condition, in accordance with County policy.
23. Provide cul-de-sacs, traffic circles, or building free turn-around areas designed and constructed as specified in the county improvement standards.
24. Prior to establishing use, provide an approved access road from a county maintained road or
from a state highway. Improve interior access roads to minimum RS-4B county
improvement standard, 3″ AC, 12″ AB, prime coat, fog seal and 95 % relative compaction. Submit road and drainage 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.
25. Prior to establishing use, provide an approved emergency access road through the Golf
Course from the Club House area to its connection to Stringtown Road. Road width and structural section shall meet Cal Fire design requirements.
DRAINAGE
26. Prior to establishing use, 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.
27. 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.If the Project will result in a land disturbance of one or more acres
or if the land disturbance is less than one acre but part of a larger common plan of
development that is one acre or greater than the project proponent must obtain coverage under the State Water Resources Control Boards (SWRCB) Construction General Permit
(CGP). To obtain coverage the Legally Responsible Person (LRP) must submit the
appropriate Project Registration Documents (PRDs), Notice of Intent (NOI), Storm Water
Pollution Prevention Plan (SWPPP) and other documents as required by the CGP into the
10
MUP13-0004 (Loafer Creek, LLC) Page 5 of 8 Zoning Administrator Approval Date:
Storm Water Multiple Application and Report Tracking System (SMARTS) and mail the
appropriate fee to the SWRCB. The SWPPP must be prepared by a Qualified Storm
Water Pollution Prevention Plan Developer (QSD) and the LRP must ensure that the
SWPPP is deployed, inspected and maintained utilizing a Qualified Strom Water Pollution Prevention Plan Practitioner (QSP).
GRADING AND SITE WORK
28. Prior to beginning grading or site work on any phase of the development the applicant
shall submit a grading and drainage plan for that phase of project development to the Public Works Department for review and approval. Applicant shall pay appropriate fees to Public Works for plan review and inspection costs for that phase of the project
development.
29. Prior to any grading for any phase of the project on the site, the Permitee must obtain a
Determination of Exemption from a Grading Permit from the Public Works Department, per Butte County Code Chapter 13, Section 13-5.1, and Public Works Department administrative procedures.
ENVIRONMENTAL HEALTH DIVISION
30. Development of the hotel complex, wellness center and related facilities within the existing Stringtown Mountain Specific Plan portion of the project and the golf course portion of the project shall connect to a public water supply prior to occupancy permit for
the buildings. The golf course shall connect to a public water supply for irrigation water
for operation and maintenance of the golf course.
31. Development of the hotel complex, wellness center and related facilities within the existing Stringtown Mountain Specific Plan portion of the project shall connect to a public sewer prior to occupancy permit.
32. Development of the golf course portion of the project and related facilities will require
permitting, construction and operation of an interim onsite wastewater system until
completion of required public sewer system expansion. The golf course portion of the project including but not limited to the clubhouse, maintenance building, cottages, and associated structures may be served by an interim onsite wastewater system. The
following conditions shall apply to the interim onsite wastewater system:
a. Treatment and dispersal facilities shall be 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.
b. An annually renewed operating permit will be required for each system
c. Operation, monitoring, and maintenance shall be in compliance with Chapter 19
of the Butte County Code, On-site Wastewater Systems Ordinance, and the On-site Wastewater Manual.
11
MUP13-0004 (Loafer Creek, LLC) Page 6 of 8 Zoning Administrator Approval Date:
33. If the parcels served by the interim on-site wastewater system for the golf course portion of
the project are owned by separate property owners, then the community wastewater system
management shall be provided by a 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:
a. Ensure an annually renewed operating permit will be maintained for each system
b. Ensure operation, monitoring, and maintenance in compliance with Butte County
Chapter 19 On-Site Wastewater Systems Ordinance and the On-Site Wastewater Manual
c. Provide adequate resources to comply with all ongoing County wastewater system
management requirements or Regional Water Quality Control Board Waste
Discharge Requirements.
d. Provide adequate resources and/or mechanism to ensure adequate funding of a major sewage treatment and disposal facility repair or replacement if necessary.
e. 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.
34. Prior to issuance of building permits for any portion of the project provide a letter from South Feather Water and Power Agency stating that the agency is “willing and able” to provide domestic and irrigation water to the project.
35. Prior to issuance of building permits for the hotel complex, wellness center and related
facilities within the existing Stringtown Mountain Specific Plan provide a letter from
Lake Oroville Area Public Utilities District stating that the district is “willing and able” to provide sewer service to that portion of the project.
36. Prior to bringing hazardous materials onsite, the applicant will submit a Hazardous
Materials Business Plan (HMRRP) to Butte County Environmental Health Division
(CUPA) for review and approval. Applicant shall also comply with requirements for
California Aboveground Petroleum Storage Tank Act (APSA) and hazardous waste generator programs as applicable.
FIRE
37. Comply with the Fire Management Plan including:
a. Fire access within 150 feet of any point from all structures shall be maintained.
b. Fire Hydrant plan showing hydrants at intervals between 250 and 500 feet or as approved by the Fire Department. Fire hydrants shall be operational prior to building occupancy.
c. 20-foot minimum roads and driveways subject to final inspection by Fire
Department prior to occupancy of buildings.
d. Pave roads with a maximum of 20% grade.
e. 40-foot minimum radius unobstructed fire turnarounds.
12
MUP13-0004 (Loafer Creek, LLC) Page 7 of 8 Zoning Administrator Approval Date:
f. All structures will have fire retardant roof materials.
g. Automatic fire suppression system will be installed in all habitable buildings and
any other buildings required by the building and fire codes. All building sprinkler
systems will use treated water.
h. Fire hydrants (Butte County Standard wharf head hydrant with 2 ½ “ NH male connection with cap) will be placed on the golf course connected to the irrigation
system and accessible by fire equipment
i. Where feasible, cart paths on the perimeter of the golf course will be 10-feet wide.
j. Safe refuge areas will be identified and maintained throughout the project.
k. All areas of the project will have two egress and ingress points.
38. The hydrant water system shall be operational prior to any combustibles being stored on
site. An interim system may be considered subject to approval by the Fire Department.
AGRICULTURAL COMMISSIONER
39. The project landscape plan including a list of all ornamental plants shall be submitted to
the County Agricultural Commissioner’s Office for review.
40. Any plants deemed invasive shall be eliminated from the plan or substituted with a non-
invasive variety by the applicant.
41. Use of native plant species, native to the region is encouraged.
42. Plants deemed to have a potential for invasiveness should not be planted in areas where
maintenance and observation are likely to be infrequent.
43. Use plants that are non-invasive and appropriate for site conditions, climate, and design
intent, to improve landscape performance and reduce resource use. Creating a sustainable
landscape is encouraged.
44. The applicant shall promptly notify the Agricultural Commissioner’s Office of plant
material imported from outside the county arriving on site.
45. Any plant material imported from outside the county shall be held in quarantine prior to
planting by the applicant for phytosanitary inspection by the Agricultural
Commissioner’s Office.
46. All re-vegetation activities requiring seed shall utilize seed stock that is labeled in
accordance with California seed law, at least 98.5% weed free.
47. Erosion control products (hay or straw) or groundcover or any other imported natural
material used for the project must be noxious weed free from a certified weed free source.
48. An “Agricultural Weed Maintenance Plan” shall be established for the operation/ project.
13
MUP13-0004 (Loafer Creek, LLC) Page 8 of 8 Zoning Administrator Approval Date:
PROCESSING FEES
49. Prior to issuance of the Minor Use Permit, pay any outstanding project-related processing
fees.
50. Mitigation Monitoring fees consistent with the Butte County Fee Schedule are applicable for monitoring activities consistent with the MMRP.
I hereby declare under penalty of perjury that I have read the foregoing conditions that they are
in fact the conditions which were imposed upon the granting of this Minor Use Permit, and that I agree to abide fully by said conditions.
Date: ______________________ ________________________________________________
Applicant
cc: Land Development Division Building Division
Environmental Health Division
Butte County Fire Department/CDF
Assessors Office
14
Lake
Oroville
¬«162
Project Boundary
M 0120.5
Miles
The Golf Resort at Lake Oroville
Vicinity Map
Figure 2Data Sources: National Geographic
Map Date: 10-10-2012
15
16
17
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 47 of 67
Appendix A: Architectural Plans –Floor Plans
18
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 1 of 67
BUTTE COUNTY
Department of Development Services
ADDENDUM
to the
The Golf Resort at Lake Oroville EIR
SCH #2012102036
(aka Whisper Ridge – UP12-0006)
for Minor Use Permit 13-0004
BUTTE COUNTY
Department of Development Services
7 County Center Drive, Oroville, CA 95965
530-538-7601
August 2013
19
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 2 of 67
1.0 INTRODUCTION
The Whisper Ridge Golf Resort, located at State Route 162 and Forbestown Road (six miles east of
the City of Oroville) was approved under Use Permit 12-0006 along with a rezone (REZ12-0001) and
two lot line adjustment (LLA12-0010 and 12-0011) applications on April 23, 2013 by the Butte
County Board of Supervisors. The applicant has filed Minor Use Permit 13-0004 to amend UP12-
0006. MUP13-0004 is a request to modify the configuration of the Hotel Complex and Wellness
Center on Assessor’s Parcel Number 072-180-016; increase the size of the nine lodging units near
the golf course on Assessor’s Parcel Number 072-180-014 from 1,500 to 2,900 square feet; and
modify the golf course configuration on Assessor’s Parcel Number 072-180-053. This includes
removal of the 250-foot buffer requirement of Mitigation Measure 3.4-3, as field studies have
determined that the California black rail and Red Bluff dwarf rush species are not present.
Additional project information is provided in Section 2.0 Project Description.
This Addendum was prepared in accordance with the California Environmental Quality Act (CEQA)
and the CEQA Guidelines. This document has been prepared to serve as an Addendum to the
previously certified EIR (State Clearinghouse Number 2012102036) for the Golf Resort at Lake
Oroville, which is also known as Whisper Ridge. The County of Butte is the lead agency for the
environmental review of the proposed project modifications.
This Addendum addresses the proposed modifications in relation to the previous environmental
review prepared for The Golf Resort at Lake Oroville. CEQA Guidelines Section 15164 defines an
Addendum as:
The lead agency or responsible agency shall prepare an addendum to a previously certified
EIR if some changes or additions are necessary but none of the conditions described in Section
15162 calling for preparation of a subsequent EIR have occurred.
…..A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section
15162 should be included in an addendum to an EIR, the lead agency's findings on the project,
or elsewhere in the record.
Information and technical analyses from The Golf Resort at Lake Oroville EIR are utilized throughout
this Addendum. Relevant passages from this document (consisting of The Golf Resort at Lake Oroville
EIR) are cited and available for review at:
Butte County Department of Development Services
7 County Center Drive, Oroville 95965
Pete Calarco, Assistant Director
(530) 538-2167 │ pcalarco@buttecounty.net
20
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 3 of 67
1.1 Background and Purpose of the EIR Addendum
The Golf Resort at Lake Oroville EIR (SCH #2012102036) was certified on April 23, 2013 by the Butte
County Board of Supervisors. The planning entitlements included a Rezone to Recreation Commercial
Overlay (REZ12-0001), a Use Permit (UP12-0006) and two Lot Line Adjustments (LLA12-0010 and
LLA12-0011). Since certification of the EIR and approval of the planning entitlements, a more detailed
level of architecture and engineering has resulted in proposed design modifications to the golf
cottage units and the layout of the hotel complex. These proposed design modifications occur on the
same site as originally approved. Additionally, protocol-level surveys have been completed for two
special status species that were deemed to be potentially present on the golf course site based on
habitat conditions. The results of these surveys have revealed that the special status species are in
fact absent from the project site. As such, one mitigation measure included in the certified EIR is no
longer warranted and is proposed for elimination. With this information, the applicant also proposes
modification to the golf course. Approval of these design modifications would require an amendment
to the approved Use Permit (UP12-0006). There are no proposed modifications to the approved
Recreation Commercial Overlay (REZ12-0001) or the two Lot Line Adjustments (LLA12-0010 and
LLA12-0011).
Please refer to Section 2.0 (Project Description) for a detailed description of the proposed
modifications.
In determining whether an Addendum is the appropriate document to analyze the proposed
modifications to the project and its approval, CEQA Guidelines Section 15164 (Addendum to an EIR or
Negative Declaration) states:
(a) The lead agency or a responsible agency shall prepare an addendum to a previously
certified EIR if some changes or additions are necessary but none of the conditions
described in Section 15162 calling for preparation of a subsequent EIR have occurred.
(b) An addendum to an adopted negative declaration may be prepared if only minor
technical changes or additions are necessary or none of the conditions described in Section
15162 calling for the preparation of a subsequent EIR or negative declaration have
occurred.
(c) An addendum need not be circulated for public review but can be included in or attached
to the final EIR or adopted negative declaration.
(d) The decision-making body shall consider the addendum with the final EIR or adopted
negative declaration prior to making a decision on the project.
21
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 4 of 67
(e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to
Section 15162 should be included in an addendum to an EIR, the lead agency’s required
findings on the project, or elsewhere in the record. The explanation must be supported by
substantial evidence.
1.2 Basis for Decision to Prepare Addendum
When an environmental impact report has been certified for a project, Public Resources Code Section
21166 and CEQA Guidelines Sections 15162 and 15164 set forth the criteria for determining whether
a subsequent EIR, subsequent negative declaration, addendum, or no further documentation be
prepared in support of further agency action on the project. Under these Guidelines, a subsequent
EIR or negative declaration shall be prepared if any of the following criteria are met.
(a) When an EIR has been certified or negative declaration adopted for a project, no
subsequent EIR shall be prepared for that project unless the lead agency determines, on
the basis of substantial evidence in the light of the whole record, one or more of the
following:
(1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR or negative declaration due to the involvement of
new significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous EIR or
negative declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant
effects; or
(3) New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the
previous EIR was certified as complete or the negative declaration was adopted,
shows any of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe
than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible
22
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 5 of 67
would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different
from those analyzed in the previous EIR would substantially reduce one
or more significant effects on the environment, but the project proponents
decline to adopt the mitigation measure or alternative.
(b) If changes to a project or its circumstances occur or new information becomes
available after adoption of a negative declaration, the lead agency shall prepare a
subsequent EIR if required under subdivision (a). Otherwise the lead agency shall
determine whether to prepare a subsequent negative declaration, and addendum, or no
further documentation.
As demonstrated in the environmental analysis provided in Section 3.0 (Environmental Analysis), the
proposed changes do not meet the criteria for preparing a subsequent EIR or negative declaration. An
addendum is appropriate here because, as explained in Section 3.0, none of the conditions calling
for preparation of a subsequent EIR or negative declaration have occurred.
2.0 PROJECT DESCRIPTION
This section provides a detailed description of the proposed modifications under Minor Use Permit
13-0004 (MUP13-0004) to the previously approved Use Permit (UP12-0006), proposed elimination
of one mitigation measure including with a modification to the golf course. The reader is referred to
Section 3.0 (Environmental Analysis) for the analysis of environmental effects of the proposed
modifications in relation to the analysis contained in the previously certified The Golf Resort at
Lake Oroville EIR (State Clearinghouse Number 2012102036). Following Section 2.1 Project
Location is Section 2.2 – Overview of the Golf Resort at Lake Oroville (aka Whisper Ridge). The
overview describes the project as approved under Use Permit 12-0006 on April 23, 2013. Section
2.3 Summary of Proposed Modifications, contains the description of the modifications that are
proposed in MUP13-0004 to the previously approved project under UP12-0006.
2.1 Project Location
The project site is located in unincorporated Butte County, approximately six miles east of the City of
Oroville. The project site is located northeast of the intersection of State Route 162 (SR 162) and
Forbestown Road on the south side of Lake Oroville as shown in Figures 1 Regional Location and
Figure 2 Project Vicinity.
23
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 6 of 67
The project site is located within the boundaries of ten assessor’s parcel numbers (APNs 072-180-012
thru -017, 072-180-029, -030, 072-180-053, -054, and 072-570-001), all of which are currently
undeveloped and vacant. The total acreage of the ten parcels is 1,132.4 acres. Of the total acreage
within the ten parcels, 537.41 acres are approved for development of the Golf Course Resort, Hotel
Complex, and Wellness Center and the remainder is associated with lot line adjustments.
The project site is best characterized as two distinct but contiguous development areas (i.e. Golf
Course Resort and Hotel Resort Complex with the Wellness Center). There are offsite improvements
needed to serve these two development areas.
2.2 Overview of The Golf Resort at Lake Oroville
The approved project consists of the construction and operation of a destination Golf Course Resort
and Hotel Complex with Wellness Center on approximately 537.41 acres, a portion of which is located
in the approved Stringtown Mountain Specific Plan. Figure 3 provides the conceptual site plan. Figure
4 illustrates the golf course resort site plan and Figure 5 illustrates the hotel resort complex with
wellness center. A brief description of each component of the approved project begins on page 12.
24
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 7 of 67
25
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 8 of 67
26
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 9 of 67
27
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 10 of 67
28
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 11 of 67
29
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 12 of 67
Golf Course Resort
The approved project would include a Golf Course Resort located on 455 acres of the project site, all
of which is outside the SMSP. Below is a bulleted list of the Golf Course Resort facilities and amenities.
• 18-hole golf course including ponds, streams, natural landscaping, cart paths, and signage.
• 9-hole kids short course and short game area with 500 square-foot starter house.
• Golf Driving Range: 125 yards wide and 330 yards long.
• Golf Range House: 800 square-feet with Video Room, Office, and Restroom, and two Exterior
Covered Teeing Areas.
• 7,765 square-foot Golf Clubhouse with Golf Shop, Office, Men’s and Women’s
Restrooms/Locker-room, Golf Shop Storage, Dining Room, Kitchen, Storage Cooler Pantry,
Domestic Water Heater, Mechanical (Interior), Electrical Data/Telephone Room, Cart Storage
and Recharging, Cart Washing, Cart Repair, Bag Storage, Janitor's Closet, and General Storage.
The Golf Clubhouse will also have 2,900 square feet of exterior space for patios, courtyard,
covered entry, and service/loading areas.
• 7,715 square-foot golf maintenance building with Employee Lounge, Restrooms/Showers,
Locker, Office, Gear Washing, Storage, Mechanics Office, Equipment Storage, Equipment
Repair and Service, Janitor's Closet & Utility Room, and Range Ball Washing. The Golf
Maintenance Building will also have 10,325 square feet for Service Yard & Fencing, Material
Bins, Equipment Washing, Equipment Wash/Pump House, and Fertilizer & Pesticide Storage.
• Nine (9) 1,500 square-foot Golf Cottages with 4 bedroom/4 bathroom, living room, kitchen,
and wet bar.
Hotel Complex and Wellness Center
The approved project would include a Hotel Complex and Wellness Center from Phase 1 of the SMSP.
This component is located on approximately 46 acres of project site. Below is a bulleted list of the
Hotel Complex and Wellness Center facilities and amenities.
• Hotel Complex: The Hotel Complex would include 82 rooms within lodge units and executive
cottage units. The Hotel Complex will include: Lobby/Entry, Luggage Storage, General Storage,
Event Desk/Reception, Administrative Office, Three Conference/Meeting Rooms, Banquet
Facilities, Men’s and Women’s Restroom, 2 Business Work Stations, Mechanical/Electrical
Room, Restaurant/Kitchen/Storage, Sports Bar, Pool with Pool House, and Outdoor Seating
area. The resort complex will incorporate natural features such as rock outcroppings, swales,
and oak woodland into its design to be compatible with the area's natural setting. The
drainage corridor which runs through the eastern portion of the Hotel complex is
incorporated into the design of the complex. The Hotel Complex is planned for development
under the SMSP Phase 1.
30
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 13 of 67
o Thirty-six (36) 1,350 square-foot lodge rooms with 2 bedroom/2 bathroom, living
room, small kitchen and eating area.
o Three (3) executive cottages: 1) 1979 square-foot 2 bedroom/2 bathroom/living
room/dining room/kitchen; 2) 2142 square-feet 3 bedroom/3 bathroom/living
room/dining room/kitchen; 3) 2655 square-feet 4 bedroom/4 bathroom/living
room/dining room/kitchen
• Wellness Center: The Wellness Center would include a Reception, Women's Attendant,
Women's Locker/Changing Rooms, Women's Toilet/Showers, Women's Steam Room,
Women's Lounge, Men's, Attendant, Men's Locker/Changing Rooms, Men's Toilet/Showers,
Men's Steam/Sauna, Quiet Lounge, Treatment Rooms, Staff Office, Staff Lounge,
Storage/Laundry, Misc. Storage, Mechanical/Indoor, Domestic Hot Water, Electrical Room,
Steam Room Equipment, and Exercise Room. The wellness center will be used in conjunction
with the hotel complex. Both facilities are intended to complement the other in regard to
services and amenities offered to guests and residents. The Wellness Center is planned for
development under the SMSP Phase 1.
2.3 Summary of Proposed Modifications
The following section provides a brief summary of the changes proposed for The Golf Resort at Lake
Oroville.
Design Revisions
Since the approval of the above referenced destination Golf Course Resort and Hotel Complex with
Wellness Center with offsite infrastructure, architectural and engineering plans have been developed
that call for modifications to the golf cottages at the Golf Course Resort and the layout of the Hotel
Complex and Wellness Center. Each is discussed below:
Golf Cottages: The approved Golf Course Resort includes a variety of amenities including nine (9)
1,500 square-foot Golf Cottages (located on APN 072-180-014) with 4 bedroom/4 bathroom, living
room, kitchen, and wet bar. At the time that the nine golf cottages were first contemplated, there
were no architectural drawings and designs so the applicant proposed an approximate square footage
of each golf cottage. Architectural drawings have since been prepared and the layout calls for a
fourplex units, each with four bedrooms with private bathroom and outdoor patio areas and a
common living/dining/kitchen area. The design modifications also include increasing the size of the
9 cottage units on the golf resort site from 1,500 sf to approximately 2,900 sf per unit. Appendix A
provides a floor plan.
Hotel Complex and Wellness Center: The approved hotel complex and wellness center (located on
APN 072-180-016) includes a variety of amenities which are not proposed for modifications. The
31
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 14 of 67
proposed modification focuses on the layout of hotel complex and wellness center. At the time that
the hotel complex and wellness center was first contemplated, there was limited engineering and
topo surveying that was performed. More detailed topo surveys and engineering work has since been
prepared and for purposes of grading, drainage, and functionality, the applicant proposed a
modification to the approved layout. The proposed modification does not eliminate or add any new
amenities; but it does include a reconfiguration of building and site amenity locations. The proposed
modifications are illustrated in Appendix B. The building and amenity locations are within the original
footprint of the property that was analyzed under the approved project; however, the newly
proposed building locations take better advantage of the natural topography to minimize grading and
engineering associated with slopes.
In the original plan, the hotel lodge units were clustered in three different areas. The arrangement of
the units varied from a circulator cluster to linear rows. The arrangement did not account for
topography. For instance, the linear rows were designed heading down slope. The modified plan
includes the hotel lodge units in the same three areas. The revised buildings are generally oriented in
rows in a northeast to southwest direction following a topographic elevation. This arrangement will
minimize grading when compared to the original plan.
In the original plan, the parking area was a square shape. This design would require a multi-level
grade-separated parking layout. The revised parking lot design is linear, taking advantage of the
natural topography and minimizing the need for a multi-level/grade-separated parking facility. The
revised parking lot is oriented in a northeast to southwest direction following a topographic elevation
and is slightly east of the approved parking lot.
The entrance road is largely in the same location as the approved road, but the alignment has shifted
slightly east to connect to the revised parking lot.
The wellness center is largely in the same location as the approved wellness center, but the location
has shifted slightly east in association with the slight modification to the entrance road.
The hotel facility is largely in the same location as the approved hotel facility, but the location has
shifted slightly east in association with the slight modification to the entrance road and parking lot.
Modification of Golf Course & Elimination of Adopted Mitigation Measure
Minor Use Permit 13-0004 proposes modifications to the golf course layout and the elimination of the
250-foot buffer requirement found in Mitigation Measure 3.4-3. The golf course design is proposed
to be modified including holes 10, 11, 13 through 16 located on Assessor’s Parcel Number 072-180-
053. Prior to approval of UP12-0006, the site plan for the golf course was modified consistent with
the requirement of the 250-foot buffer area in Mitigation Measure 3.4-3. MUP13-0004 proposes to
return the golf course design to the configuration that was proposed in UP12-0006 before the
requirement of the 250-foot buffer, moving the holes closer to Pond #1 and Pond #3 (See Appendix
B).
32
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 15 of 67
Elimination of Mitigation Measure 3.4-3: At the time that the approved project was first
contemplated, and environmental analysis was performed, it was determined that two of ponds
located on the project site contain vegetation densities and composition that is considered suitable
habitat for California black rail and Red Bluff dwarf rush (Pond #1 and Pond #3). Each species is
discussed below:
California black rail: The California black rail is listed as threatened under the California Endangered
Species Act (CESA), is designated as a fully protected species under the CFGC and is protected under
the MBTA. While California black rails have been recorded north and south of the project site, field
surveys performed for the environmental review document had not determined presence/absence of
this species on the project site. Without a determination of absence/presence, Mitigation Measure
3.4-3 was incorporated into the project to provide a 250-foot buffer around the California black rail
suitable habitat. Mitigation Measure 3.4-3 is presented below:
Mitigation Measure 3.4-3: Prior to approval of improvement plans, the project proponent shall
modify the golf course design to ensure a 250-foot avoidance buffer around the California black rail
habitat. Prior to construction, the project applicant shall install orange construction barrier fencing
to identify environmentally sensitive areas around the California black rail habitat. The location of
the fencing shall be marked in the field with stakes and flagging and shown on the construction
drawings. The fencing will be installed before construction activities are initiated and will be
maintained throughout the construction period. The fence shall be removed at the end of the
construction season so as to not interfere with the movement of deer and other wildlife. Permanent
signs will be erected around the buffer zone that describes the buffer boundary and the no-
disturbance requirements.
Since the time that environmental review was performed on the approved project, an absence
determination has been made based on protocol level California black rail occupancy surveys
performed by Gallaway Enterprises on March 13, 2013, March 27, 2013 and April 22, 2013 during the
California black rail nesting season (March – August). In addition, non-protocol level winter occupancy
surveys were conducted on November 19, 2012 and November 27, 2012. Based on this information
(absence determination), the approved project does not have the potential to impact California black
rail and Mitigation Measure 3.4-3 is not necessary to reduce impacts associated with this species. The
information presented above warrants the elimination of Mitigation Measure 3.4-3. The California
Black Rail Report is attached as Appendix C.
Confirmation Survey: Red Bluff dwarf rush
The Golf Resort at Lake Oroville EIR identified a potential impact to the Red Bluff dwarf rush with a
discussion found on page 3.4-31 of the Draft EIR. The EIR concluded that the avoidance buffer
required under Mitigation Measure 3.4-3 also provided mitigation for the Red Bluff dwarf rush with
the same suitable habitat as the California black rail (Pond #1 and Pond #3).
33
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 16 of 67
The Red Bluff dwarf rush is a CNPS 1B.1 species that blooms from March through May and can be
found in chaparral, cismontane woodlands, meadows, seeps, and vernally mesic habitats. Field
surveys were performed by Elena Gregg, NorthStar Environmental on June 4, 7, and 12, 2012, by Kirk
Vail, Senior Botanist, Gallaway Enterprises on September 5, 6, 7, and 27 and October 4 and by Jones
and Stokes in 1990. The field surveys were performed outside of the blooming period for Red Bluff
dwarf rush, therefore determinations regarding presence/absence of this plant could not be made at
the time that the environmental review was performed. Without a determination of
absence/presence, Mitigation Measure 3.4-3 was incorporated into the project to provide a 250-foot
buffer around the Red Bluff dwarf rush suitable habitat (page 3.4-31 of the Draft EIR), which also
served as buffer for the California black rail as discussed above.
Since the time that environmental review was performed on the approved project, an absence
determination has been made based on protocol level plant surveys for Red Bluff dwarf rush
performed by Gallaway Enterprises on April 25, 2013 which is the appropriate blooming period. Based
on this new information (absence determination), the approved project does not have the potential
to impact Red Bluff dwarf rush and Mitigation Measure 3.4-3 is not necessary to reduce impacts
associated with this species. The new information presented above warrants the elimination of
Mitigation Measure 3.4-3. The Survey memo for Red Bluff Dwarf Rush and Adobe lily Report is
attached as Appendix D.
Adobe lily is a CNPS 1B.2 that blooms from February through April and can be found in rocky areas
along roadsides, cismontane woodlands and lower montane coniferous forests. It is often associated
with soils containing heavy clays. The closest known CNDDB occurrence is 13 miles from the project
site. There are montane hardwood forests, blue oak – gray pine forests and rocky out croppings
within the BSA that provide moderate habitat for the adobe lily. There are clay lens throughout the
project site, and clay layers have been exposed by historic exploratory mining activities, road cutting,
and natural erosion.
Field surveys were performed by Elena Gregg, NorthStar Environmental on June 4, 7, and 12, 2012, by
Kirk Vail, Senior Botanist, Gallaway Enterprises on September 5, 6, 7, and 27 and October 4 and by
Jones and Stokes in 1990. The field surveys were performed outside of the blooming period for adobe
lily, therefore determinations regarding presence/absence of this plant could not be made at the time
that the environmental review was performed. It was determined that there is marginally suitable
habitat for adobe lily on the project site; however, without a determination of absence/presence,
presence was assumed and Mitigation Measure 3.4-5 was incorporated into the project. Mitigation
Measure 3.4-5 is presented below:
Mitigation Measure 3.4-5: Confirmation surveys will be conducted in areas of suitable habitat for
adobe lily. Where found, the plant location(s) will be marked and mapped. Prior to construction, the
adobe-lily bulb will be hand excavated and immediately relocated to a pre-determined replanting
34
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 17 of 67
site. The replanting site will contain similar suitable habitat conditions, within the BSA, and will be
located a minimum of 50 feet from proposed construction activities. The confirmation surveys,
excavation, and replanting will be performed by a qualified botanist with previous adobe-lily survey
experience. The re-planting area will be fenced to prevent cattle or other undesirable entry into the
replanting area. To ensure long-term protection, signage will be installed on the fence that
designates this area as a sensitive restoration site and will provide standard no trespassing
language.
A report summarizing the findings of confirmation surveys, excavation, and replanting efforts will be
prepared and submitted to the County and CDFG. The replanting area will be monitored for three
years to determine the success of replanting efforts. Success is determined by the number of
relocated plants that survive and transplantation. If the success rate after three years is below 75%,
consultation with CDFG will be required to develop appropriate remediation plans.
Since the time that environmental review was performed on the approved project, an absence
determination has been made based on protocol level plant surveys for adobe lily performed by
Gallaway Enterprises on March 15, 2013 which is the appropriate blooming period. The survey was
performed in compliance with Mitigation Measure 3.4-5. The adobe lily plants were not found. The
Survey memo for Red Bluff dwarf rush and Adobe lily Report is attached as Appendix D.
3.0 ENVIRONMENTAL ANALYSIS
This section of the Addendum provides analysis and cites substantial evidence that support’s the
County’s determination that the proposed modifications to The Golf Resort at Lake Oroville do not
meet the criteria for preparing a subsequent or supplemental EIR under CEQA Guidelines Section
15162.
As addressed in the analysis below, the proposed modifications to The Golf Resort at Lake Oroville are
not substantial changes to the originally anticipated project. The proposed modifications to The Golf
Resort at Lake Oroville would not cause a new significant impact or substantially increase the severity
of a previously identified significant impact from the Final EIR (CEQA Guidelines Section 15162[a][1])
that would require major revisions to the EIR. All impacts would be nearly equivalent to the impacts
previously analyzed in the Final EIR. Relatedly, the proposed modifications to The Golf Resort at Lake
Oroville are not inconsistent with the General Plan, Zoning Ordinance, or adopted Mitigation
Measures for this project (except for the elimination of Mitigation Measure 3.4-3).
The proposed changes do not cause a new significant impact or substantially increase the severity of a
previously identified significant impact, and there have been no other changes in the circumstances
that meet this criterion (CEQA Guidelines Section 15162[a][2]). There have been no changes in the
environmental conditions on the property not contemplated and analyzed in the EIR that would result
in new or substantially more severe environmental impacts.
There is no new information of substantial importance (which was not known or could not have been
known at the time of the application, that identifies: a new significant impact (condition “A” under
35
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 18 of 67
CEQA Guidelines Section 15162[a][3]); a substantial increase in the severity of a previously identified
significant impact (condition “B” CEQA Guidelines Section 15162[a][3]); mitigation measures or
alternatives previously found infeasible that would now be feasible and would substantially reduce
one or more significant effects; or mitigation measures or alternatives which are considerably
different from those analyzed in the EIR which would substantially reduce one or more significant
effects on the environment (conditions “C” and “D” CEQA Guidelines Section 15162[a][3]). The reader
is referred to County Resolution No’s. 13-062 and 13-063 regarding findings on the feasibility of
alternatives evaluated in the EIR. None of the “new information” conditions listed in the CEQA
Guidelines Section 15162[a][3] are present here to trigger the need for a Subsequent or Supplemental
EIR.
CEQA Guidelines Section 15164 states that “The lead agency or a responsible agency shall prepare an
addendum to a previously certified EIR if some changes or additions are necessary but none of the
conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.” An
addendum is appropriate here because, as explained above, none of the conditions calling for
preparation of a subsequent EIR have occurred.
The following includes a detailed discussion of applicable impacts identified under the EIR in relation
to The Golf Resort at Lake Oroville. All impacts identified under the EIR have been determined to be
less than significant, less than significant with mitigation, or significant and unavoidable. The County
adopted CEQA Findings of Fact relative to each impact (County Resolution No’s. 13-062) at the time
the EIR was certified for The Golf Resort at Lake Oroville. Additionally, the County adopted Statement
of Overriding Considerations relative to each significant and unavoidable impact (County Resolution
No 13-063) at the time the EIR was certified for The Golf Resort at Lake Oroville. Mitigation measures
that were identified in the EIR for the purpose of lessening an impact to the extent feasible are
embodied in a Mitigation Monitoring and Reporting Program that the County adopted at the time the
EIR was certified (County Resolution No 13-063).
Aesthetics
Impact 3.1-1: Potential to result in substantial adverse effects on scenic vistas or substantially
damage scenic resources within a State Scenic Highway (Less than Significant with
Mitigation)
Mitigation Adopted by the County: Mitigation Measure 3.1-1. Residual impact is
less than significant.
Mitigation Measure 3.1-1: The project proponent shall maximize the use of the existing
topography, trees, and vegetation on the project site to provide partial shelter, or full shelter
if possible, of all structures within view of Lake Oroville, SR 162, and Forbestown Road.
Structures within view include the following: nine golf cottage units, thirty-six lodge units,
three executive cottage units, the main hotel building, and the wellness center building. All
structures that are sited in areas without existing mature trees available to partially shelter
36
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 19 of 67
views shall require landscaping that includes planting a minimum of three mature trees, not
less than 36” box, of a species that is consistent with the native trees within the landscape.
All structures shall be single story buildings of a height not more than 28 feet tall, unless the
structure can be fully sheltered from view of Lake Oroville, SR 162, and Forbestown Road.
Impact 3.1-2: Potential to substantially degrade the existing visual character or quality of the site
and its surroundings (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.1-3: Project implementation may result in light and glare impacts (Less than Significant
with Mitigation)
Mitigation Adopted by the County: Mitigation Measure 3.1-2. Residual impact is
less than significant.
Mitigation Measure 3.1-2: Prior to the issuance of a building permit for project site
facilities, or other approval for offsite infrastructure, the project proponent shall prepare a
Lighting Management Plan that demonstrates that all architectural and lighting plans,
including plans for the offsite infrastructure, will minimize the potential to result in light
and/or glare. The Lighting Management Plan shall include the following elements:
• All exterior lighting shall be designed and located as to avoid intrusive effects on
adjacent properties and undeveloped areas within the project site. Low-intensity street
lighting and low-intensity exterior lighting shall be used throughout the development, as
permitted by the Butte County Development Services Department. Lighting fixtures shall
use shielding to prevent spill lighting on adjacent areas;
• Design and placement of site lighting shall minimize glare affecting adjacent properties,
buildings, and roadways by utilizing “cut-off” fixtures on all street and parking lot
lighting;
• All exterior lighting intended for security shall utilize motion sensors to reduce
unnecessary usage, except where the lighting is required to maintain safety;
• Fixtures and standards shall conform to state and local safety and illumination
requirements;
• All trail and path lighting shall provide optimum public safety, while at the same time
reducing nighttime light spillover and glare by designing and locating all trail and path
lighting to avoid intrusive effects on adjacent properties and undeveloped areas within
the project site. Low-intensity lighting shall be used for trail and path lighting, as
permitted by the Butte County Development Services Department. Lighting fixtures shall
use shielding to prevent spill lighting on adjacent areas;
• Use minimally reflective glass and all other materials used on exterior building and
structures shall be selected with attention to minimizing reflective glare.
Discussion
These impacts were identified and discussed in Section 3.1 Aesthetics (pages 3.1-7 through 3.1-10 of
the Draft EIR).
37
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 20 of 67
The design modifications on the hotel and wellness center site include reconfiguring the buildings on
the same site that was previously analyzed for the hotel and wellness center. The reconfiguration
does not change the severity of the impacts beyond what was addressed in the Final EIR. There are no
new impacts beyond what was addressed in the Final EIR. Lastly, there are no changed circumstances
or new information that meets the standard for requiring further environmental review under CEQA
Guidelines Section 15162.
The design modifications also include increasing the size of the 9 cottage units on the golf resort site
from 1,500 sf to approximately 2,900 sf per unit. The increased size of the cottage units does not
change the severity of the impacts beyond what was addressed in the Final EIR. There are no new
impacts beyond what was addressed in the Final EIR. Lastly, there are no changed circumstances or
new information that meets the standard for requiring further environmental review under CEQA
Guidelines Section 15162.
None of the impacts referenced above pertain to the proposed elimination of Mitigation Measure 3.4-
3.
AGRICULTURE AND FOREST RESOURCES
Impact 3.2-1: Potential to result in the conversion of Farmlands, including Prime Farmland, Unique
Farmland, and Farmland of Statewide Importance, to non-agricultural uses (Less
than Significant)
Mitigation Adopted by the County: None
Impact 3.2-2: Potential to conflict with Williamson Act Contracts (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.2-3: Potential to result in conflicts with adjacent agricultural lands or indirectly cause
conversion of agricultural lands (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.2-4: Potential to conflict with existing agricultural zoning or otherwise result in conflicts
with adjacent agricultural lands or indirectly cause conversion of agricultural lands
(Less than Significant)
Mitigation Adopted by the County: None
Impact 3.2-5: Potential to conflict with forest or timber zoning or result in the conversion of forest
lands or timber lands (Less than Significant)
Mitigation Adopted by the County: None
38
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 21 of 67
Discussion
These impacts were identified and discussed in Section 3.2 Agricultural and Forest Resources (pages
3.2-14 through 3.2-18 of the Draft EIR).
None of the impacts referenced above pertain to the proposed changes (design modifications or
elimination of mitigation measure). The proposed changes would not affect agricultural or forest
resources. The proposed projects do not change the severity of the impacts beyond what was
addressed in the Final EIR. There are no new impacts beyond what was addressed in the Final EIR.
Lastly, there are no changed circumstances or new information that meets the standard for requiring
further environmental review under CEQA Guidelines Section 15162.
AIR QUALITY
Impact 3.3-1: Operational Impacts (Less than Significant with Mitigation)
Mitigation Adopted by the County: Mitigation Measures 3.3-1. Residual impact is
less than significant.
Mitigation Measure 3.3-1: The project applicant shall implement the following standard
measures as outlined in the BCAQMD CEQA Air Quality Handbook Guidelines for Assessing
Air Quality Impacts For Projects Subject to CEQA Review:
• Increase building energy efficiency rating by 10% above what is required by Title 24
requirements. This can be accomplished in a number of ways (increasing attic, wall
or floor insulation, etc.).
• Improvement of thermal efficiency of structures as appropriate by reducing thermal
load with automated and timed temperature controls, or occupancy load limits.
• Incorporate shade trees, adequate in number and proportional to the project size,
throughout the project site to reduce building heating and cooling requirements.
• Use fleet vehicles that run on clean-burning fuels as may be practicable.
Impact 3.3-2: Construction Impacts (Significant and Unavoidable)
Mitigation Adopted by the County: Mitigation Measures 3.3-2 and 3.3-3. Residual
impact is significant and unavoidable.
Mitigation Measure 3.3-2: The project applicant shall implement the following specific
mitigation measures to ensure adequate dust control. Compliance with the mitigation
measures should minimize the potential for violations of District Rule 200, Nuisance and Rule
205 Fugitive Dust.
Land Clearing/Earth Moving:
• Water shall be applied by means of truck(s), hoses and/or sprinklers as needed prior
to any land clearing or earth movement to minimize dust emission.
39
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 22 of 67
• Haul vehicles transporting soil into or out of the property shall be covered. A water
truck shall be on site at all times. Water shall be applied to disturbed areas a
minimum of 2 times per day or more as necessary.
• On-site vehicles limited to a speed which minimizes dust emissions on unpaved
roads.
• 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 District shall also be visible to ensure compliance with
District Rule 200 & 205 (Nuisance and Fugitive Dust Emissions).
Visibly Dry Disturbed Soil Surface Areas:
• All visibly dry disturbed soil surface areas of operation shall be watered to minimize
dust emission.
Paved Road Track-Out:
• Existing roads and streets adjacent to the project will be cleaned at least once per
day unless conditions warrant a greater frequency.
Visibly Dry Disturbed Unpaved Roads:
• All visibly dry disturbed unpaved roads surface areas of operation shall be watered
to minimize dust emission.
• Unpaved roads may be graveled to reduce dust emissions.
• A water truck shall be on site at all times. Water shall be applied to disturbed areas
a minimum of 2 times per day or more as necessary.
• On-site vehicles limited to a speed which minimizes dust emissions on unpaved
roads.
• Haul roads shall be sprayed down at the end of the work shift to form a thin crust.
This application of water shall be in addition to the minimum rate of application.
Vehicles Entering/Exiting Construction Area:
• Vehicles entering or exiting construction area shall travel at a speed which
minimizes dust emissions.
Employee Vehicles:
• Construction workers shall park in designated parking areas(s) to help reduce dust
emissions.
Soil Piles:
• Soil pile surfaces shall be moistened if dust is being emitted from the pile(s).
Adequately secured tarps, plastic or other material may be required to further
reduce dust emissions.
40
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 23 of 67
NOTICE: Violations of District Regulations are enforceable under the provisions of California
Health and Safety Code Section 42400, which provides for civil or criminal penalties of up to
$25,000 per violation.
Mitigation Measure 3.3-3: The project applicant shall implement the following mitigation
measures to mitigate combustion emissions from heavy-duty construction equipment.
• Maintain all construction equipment in proper tune according to manufacturer’s
specifications.
• Maximize to the extent feasible, the use of diesel construction equipment meeting
the CARB’s 1996 or newer certification standard for off-road heavy-duty diesel
engines.
• Electrify equipment where feasible.
• Substitute gasoline-powered for diesel-powered equipment, where feasible.
• Use alternatively fueled construction equipment on site where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane, or biodiesel.
• Use equipment that has Caterpillar pre-chamber diesel engines.
Impact 3.3-3: Carbon monoxide hotspot impacts (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.3-4: Potential for public exposure to toxic air contaminants (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.3-5: Potential for exposure to odors (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.3-6: Cumulative Impacts (Significant and Unavoidable)
Mitigation Adopted by the County: No feasible mitigation is available.
Discussion
These impacts were identified and discussed in Section 3.3 Air Quality (pages 3.3-18 through 3.3-28 of
the Draft EIR).
The design modifications on the hotel and wellness center site include reconfiguring the buildings on
the same site that was previously analyzed for the hotel and wellness center. The reconfiguration
does not change the severity of the impacts beyond what was addressed in the Final EIR. There are no
new impacts beyond what was addressed in the Final EIR. Lastly, there are no changed circumstances
or new information that meets the standard for requiring further environmental review under CEQA
Guidelines Section 15162.
The design modifications also include increasing the size of the 9 cottage units on the golf resort site
41
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 24 of 67
from 1,500 sf to approximately 2,900 sf. The increased size of the cottage units could result in a slight
increase in energy usage, although the increase is considered negligible because the occupancy of the
cottage units is not anticipated to change. The increased size of the cottage units does not change the
severity of the impacts beyond what was addressed in the Final EIR. There are no new impacts beyond
what was addressed in the Final EIR. Lastly, there are no changed circumstances or new information
that meets the standard for requiring further environmental review under CEQA Guidelines Section
15162.
None of the impacts referenced above pertain to the proposed elimination of Mitigation Measure 3.4-
3.
BIOLOGICAL RESOURCES
Impact 3.4-1: Direct or Indirect Effects on Special-Status Invertebrate Species
Mitigation Adopted by the County: None
Impact 3.4-2: Direct or Indirect Effects on Special-Status Reptile and Amphibian Species
Mitigation Adopted by the County: None
Impact 3.4-3: Direct or Indirect Effects on Special-Status Bird Species
Mitigation Adopted by the County: Mitigation Measures 3.4-1 through 3.4-3.
Residual impact is less than significant. Mitigation Measure 3.4-3 is proposed to be
eliminated in this EIR Addendum given the recent surveys have determined that
California Black Rail is absent from the project site. Mitigation Measure 3.4-3 was
also intended to mitigate potential impacts associated with a special status plant
(Red Bluff dwarf rush), but recent surveys have determined that this species is
absent from the project site
Mitigation Measure 3.4-1: If project construction activities, including vegetation clearing,
are to occur during the nesting season for birds protected under the MBTA and CFGC
(approximately March 1-August 31) the project proponent shall retain a qualified biologist to
perform preconstruction surveys for nesting raptors in the BSA and offsite improvement
corridors. At least two surveys shall be conducted no more than 15 days prior to the initiation
of construction activities, including vegetation clearing. In the event that nesting raptors are
found on the project site, offsite improvement corridors, or the immediate vicinity, the
project proponent shall:
• Locate and map the location of the nest site. Within 2 working days of the surveys
prepare a report and submit to the County and CDFW;
• A no-disturbance buffer of 250 feet shall be established. In the case of bald eagles, a
1000 foot no-disturbance buffer shall be established;
• On-going weekly surveys shall be conducted to ensure that the no disturbance buffer
42
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 25 of 67
is maintained. Construction can resume when a qualified biologist has confirmed
that the birds have fledged.
In the event of destruction of a nest with eggs, or if a juvenile or adult raptor should become
stranded from the nest, injured or killed, the qualified biologist shall immediately notify the
CDFW. The qualified biologist shall coordinate with the CDFW to have the injured raptor
either transferred to a raptor recovery center or, in the case of mortality, transfer it to the
CDFW within 48 hours of notification. If directed/authorized by the CDFW during the
notification, the qualified biologist may transfer the injured raptors to a raptor recovery
center.
Mitigation Measure 3.4-2: If construction activities that result in vegetation clearing occur
during the avian breeding season (March 1 – August 31) then the applicant shall conduct pre-
construction surveys to prevent impacts to nesting birds. No more than 15 days prior to the
start of construction a migratory bird survey shall be conducted by a qualified biologist to
identify any active nests within active construction areas within the BSA. If construction stops
for a period of 15 days or more during the avian breeding season than an additional
migratory bird survey shall be conducted. The biologist will conduct a survey for all birds
protected by the MBTA and CFGC, and map all nests located within 250 feet of construction
areas. If nests are identified the biologist will develop buffer zones around active nests.
Construction activity shall be prohibited within the buffer zones until the young have fledged
or the nest fails. Nests shall be monitored at least twice per week and a report submitted to
the County and CDFW monthly.
Mitigation Proposed for Elimination (with modification to the golf course design)
Mitigation Measure 3.4-3: Prior to approval of improvement plans, the project proponent
shall modify the golf course design to ensure a 250-foot avoidance buffer around the
California black rail habitat. Prior to construction, the project applicant shall install orange
construction barrier fencing to identify environmentally sensitive areas around the California
black rail habitat. The location of the fencing shall be marked in the field with stakes and
flagging and shown on the construction drawings. The fencing will be installed before
construction activities are initiated and will be maintained throughout the construction
period. The fence shall be removed at the end of the construction season so as to not
interfere with the movement of deer and other wildlife. Permanent signs will be erected
around the buffer zone that describes the buffer boundary and the no-disturbance
requirements.
Impact 3.4-4: Direct or Indirect Effects on Special-Status Mammal Species.
Mitigation Adopted by the County: Mitigation Measure 3.4-4. Residual impact is
less than significant.
Mitigation Measure 3.4-4: Up to thirty days prior to the commencement of construction, the
project proponent shall retain a qualified biologist to conduct pre-construction bat survey(s)
that involve the removal of potential diurnal roosting trees (e.g trees 24” DBH and greater,
snags, hollow trees). During the survey(s) the qualified biologist will inspect all potential
43
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 26 of 67
diurnal roosting trees within the entire area(s) where potential diurnal roosting trees will be
removed and within a 100 foot buffer area around the entire area(s) where diurnal roosting
trees will be removed using the appropriate and most effective methodology (e.g. camera
inspection, exit survey with night optics, acoustic survey) in determining presence or absence
of bat species.
Since western red bats are a solitary roosting species, for the purposes of these avoidance
and minimization measures for special-status bat species, a bat roost is considered one bat
unless positively determined that the identified bat is not a western red bat by a biologist
with working knowledge of western red bats. A bat roost not consisting of western red bats
as determined by an accredited biologist is then considered a congregation of bats as
determined by a biologist. If a bat roost is found within an area where trees are to be
removed or within the 100 foot buffer area around the area where trees are to be removed,
during the bat maternity season (April – August), then the tree will be marked and
construction within 100 feet from the roosting tree will be delayed until a qualified biologist
has determined that young are volant (flying). If the marked roosting tree is to be removed
then the roost tree will not be removed until after a qualified biologist has determined that
all young are volant and/or the roost is determined unoccupied.
If a bat roost is found within an area where trees are to be removed or within the 100 foot
buffer area around the area where trees are to be removed, outside of the bat maternity
season, then the tree will be marked and construction within 100 feet from the roosting tree
will be delayed until a qualified biologist can perform exclusion activities and/or the tree is
determined unoccupied. Prior to performing bat exclusion activities, the qualified biologist
will prepare an exclusion plan and obtain CDFW approval
Impact 3.4-5: Direct or Indirect Effects on Candidate, Sensitive, or Special-Status Plant Species.
Mitigation Adopted by the County: Mitigation Measure 3.4-5. Residual impact is
less than significant. A confirmation survey has been completed (attached as
Appendix D), consistent with Mitigation Measure 3.4-5, finding that the adobe lily is
not present.
Mitigation Measure 3.4-5: Confirmation surveys will be conducted in areas of suitable
habitat for adobe lily. Where found, the plant location(s) will be marked and mapped.
Avoidance of marked/mapped plant locations should be considered in the design of project
plans. If avoidance is not possible through design revisions, prior to construction, the adobe-
lily bulb will be hand excavated, the depth of the bulbs will be recorded, and the bulbs will be
immediately relocated to a pre-determined replanting site at the same depth that the bulb
was excavated. The replanting site will contain similar suitable habitat conditions, within the
BSA, and will be located a minimum of 100 feet from proposed construction activities.
Additionally, the replanting site will contain similar hydrology as the bulb excavation
location, and shall not present a risk of runoff or pollutant sources from adjacent
construction or long-term project activities. The confirmation surveys, excavation, and
replanting will be performed by a qualified botanist with previous adobe-lily survey
experience. The re-planting area will be fenced to prevent cattle or other undesirable entry
into the replanting area. To ensure long-term protection, signage will be installed on the
44
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 27 of 67
fence that designates this area as a sensitive restoration site and will provide standard no
trespassing language.
A report summarizing the findings of confirmation surveys, excavation, and replanting efforts
will be prepared and submitted to the County and CDFW. The replanting area will be
monitored for five years to determine the success of replanting efforts. The monitoring
should include a record of flowering versus vegetative plants observed, any observation of
pollutants, herbivory, site alteration from human activities or other risks to the site. Success is
determined by the number of relocated plants that survive and transplantation. If the success
rate after five years is below 75%, consultation with CDFW will be required to develop
appropriate remediation plans. A copy of the monitoring report shall be provided to the
CDFW each year, and a new occurrence report shall be provided to the California Natural
Diversity Database.
Impact 3.4-6: Effects on Protected Wetlands and Jurisdictional Waters
Mitigation Adopted by the County: Mitigation Measure 3.4-6 through 3.4-10.
Residual impact is less than significant.
Mitigation Measure 3.4-6. Prior to any construction activities that would disturb protected
wetlands and/or jurisdictional areas, or riparian habitat, the project applicant shall obtain
the appropriate state and federal authorizations (Streambed Alternation Agreement, Section
404 permit, Section 401 water quality certification). During construction the project applicant
shall comply with the requirements of these authorizations throughout the project.
Mitigation Measure 3.4-7: The project applicant shall compensate for any authorized
disturbance to protected wetlands and/or jurisdictional areas, or riparian habitat to ensure
no net loss of habitat functions and values. Compensation ratios shall be based on site-
specific information and determined through coordination with state, federal, and local
agencies as part of the permitting process for the project. Unless determined otherwise by
the regulatory/permitting agency, the compensation shall be at a minimum ratio of 2 acres
restored, created, and/or preserved for every 1 acre of wetland, or riparian habitat disturbed.
Compensation may comprise onsite restoration/creation, off-site restoration, preservation,
or mitigation credits (or a combination of these elements). The applicant shall develop and
implement a restoration and monitoring plan that describes how the habitat shall be
created/restored and monitored over a minimum period of time.
Mitigation Measure 3.4-8. Prior to construction, the project applicant shall install orange
construction barrier fencing to identify environmentally sensitive areas around the wetland,
riparian area, and other aquatic habitats. The location of the fencing shall be marked in the
field with stakes and flagging and shown on the construction drawings. The fencing will be
installed before construction activities are initiated and will be maintained throughout the
construction period.
Mitigation Measure 3.4-9: Upon completion of the proposed project, all temporarily
disturbed natural areas, including stream banks, and riparian habitat, shall be returned to
original contours to the extent feasible. All streams that will be realigned, rerouted, or
restored will be constructed to match pre-existing conditions and functions. Affected
45
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 28 of 67
wetlands, riparian habitat, stream banks or stream channels shall be stabilized prior to the
rainy season and/or prior to reestablishing flow. For wetland areas, the top six inches of
native topsoil should be stockpiled and replaced following work. Wetland and riparian
vegetation shall be reestablished using native vegetation similar to pre-existing conditions.
The applicant will prepare a mitigation and monitoring plan that includes long term
monitoring to ensure that the disturbed streams and wetland met or exceed baseline
functions.
Mitigation Measure 3.4-10: Construction staging, storage, and parking areas shall be
located 500 feet from streams, riparian habitat, and wetlands. All fueling, fuels, and
equipment maintenance shall occur 500 feet from wetlands and streams. Vehicle travel
adjacent to wetlands and riparian areas shall be limited to existing roads and designated
temporary access roads. Sensitive natural communities (i.e., wetlands, waters, riparian zones
and oak woodlands) shall be conspicuously marked in the field (including suitable buffer
zones) to minimize impacts on these communities, and work activities shall be limited to
outside the marked areas.
Impact 3.4-7: Direct and Indirect Adverse Effects on Riparian Habitat or Sensitive Natural
Community
Mitigation Adopted by the County: Mitigation Measure 3.4-6 through 3.4-10.
Residual impact is less than significant.
Impact 3.4-7: Direct and Indirect Adverse Effects on Riparian Habitat or Sensitive Natural
Community
Mitigation Adopted by the County: Mitigation Measure 3.4-6 through 3.4-10.
Residual impact is less than significant.
Impact 3.4-8: Interference with the Movement of Native Fish or Wildlife Species or with
Established Wildlife Corridors, or Impede the Use of Native Wildlife Nursery Sites
Mitigation Adopted by the County: Mitigation Measure 3.4-11 through 3.4-13.
Residual impact is less than significant.
Mitigation Measure 3.4-11: To off-set direct impacts from habitat removal and loss of
function on 112 acres the applicant will place land under their ownership in a permanent
conservation easement with a funded management endowment. Figure 3.4-8 depicts the
location of the 148 acre proposed preserve. This site was selected for the following reasons:
• It contains habitat that meets the life history requirements of deer;
• The site is large enough to be ecologically meaningful mitigation;
• Is bordered on the north and east by public lands, thus reducing edge effects, and
contributing to a larger potential preserve;
• Restricts any future land development towards less suitable habitat;
• Protects a major wildlife movement corridor.
46
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 29 of 67
Mitigation Measure 3.4-12: The following measures are recommended to preserve and
maintain wildlife movement:
• Existing migration and wildlife corridors with a minimum width of 300 shall be
maintained;
• Barriers such as fences, structures, buildings, or parking areas will not be
constructed in wildlife corridors;
• Golf fairways and landscaping associated with golf courses are not recognized as
barriers to migration, however lighting and human activity can modify deer
behavior within established migration corridors to the extent that deer no longer
utilize the corridor. To reduce these effects, vegetative buffers will be established
between the playing areas and migration corridors to allow movement of animals
with as little human intrusion as possible. Lighting will not be placed in migration
corridors;
• Vegetative buffers will be comprised of vegetation native to the site;
• As feasible, an average 100 foot set-back will be maintained around all blue line
permanent and intermittent waterways as shown on the USGS maps. An average 50
foot buffer will be maintained around all ephemeral drainages. Where impacts to
ephemeral and intermittent streams occur, such as fairway crossings, road and trail
crossings, the impacts will be compensated on-site by performing restoration or
realignment on the remaining stream channel or ponds in such a manner so that no
net loss of function and area will result;
• Construction occurring within wildlife corridors will not be allowed between October
1 and March 31;
• Posted travel speeds on all interior roads shall not exceed 35 miles per hour;
• Speed humps will be added to road sections to prevent excess speed;
• Signs will be installed notifying drivers and golfers of deer migration seasons and
wildlife corridor crossings.
MITIGATION MEASURE 3.4-13: Prior to construction, the project applicant shall prepare a
Wildlife and Habitat Management Plan (WHMP) that will provide a framework for protecting
wildlife and enhancing the existing natural habitat to promote wildlife and biodiversity
conservation. The WHMP will identify ecologically sensitive areas such as wetlands,
stream/drainage corridors, migratory corridors, wintering habitat, breeding habitat, and
other sensitive habitat that will require protection from operational impacts. The WHMP will
address human-wildlife conflicts, deer food resources, temporal restrictions during a severe
winter event, and the development of an educational program to inform employees and
guests about wildlife and their habitats.
Impact 3.4-9: Conflicts with an Adopted Habitat Conservation Plan, Natural Community
Conservation Plan, Recovery Plan, or Local Policies or Ordinances Protecting
Biological Resources
Mitigation Adopted by the County: None
Impact 3.4-10: Conflicts with Local Policies or Ordinances Protecting Oak Woodlands
47
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 30 of 67
Mitigation Adopted by the County: Mitigation Measure 3.4-14 through 3.4-15.
Residual impact is less than significant.
Mitigation Measure 3.4-14: Prior to the commencement of construction, the project
proponent shall compensate for the loss of 185 acres of oak woodland in accordance with
Public Resources Code Section 21083.4. The compensation shall include the 148-acre
conservation easement, which also serves as migratory deer herd habitat, and 37 acres
choosing one or more of the following oak woodlands mitigation alternatives to mitigate the
significant effect of the conversion of oak woodlands:
1. Conserve oak woodlands, through the use of conservation easements
2.
A. Plant an appropriate number of trees, including maintaining plantings and replacing dead or diseased trees.
B. The requirement to maintain trees pursuant to this paragraph terminates seven years after the trees are planted.
C. Mitigation pursuant to this paragraph shall not fulfill more than one-half of the mitigation requirements for the project.
D. The requirements imposed pursuant to this paragraph also may be used to restore former
oak woodlands.
3. Contribute funds to the Oak Woodlands Conservation Fund, as established under subdivision
(a) of Section 1363 of the Fish and Game Code, for the purpose of purchasing oak woodlands conservation easements, as specified under paragraph (1) of subdivision (d) of that section and the guidelines and criteria of the Wildlife Conservation Board. A project applicant that contributes funds under this paragraph shall not receive a grant from the Oak Woodlands Conservation Fund as part of the mitigation for the project.
4. Other mitigation measures developed by the county.
Mitigation Measure 3.4-15: All existing oak trees greater than 5 inches DBH proposed for
retention shall receive the following protection:
• The location of all existing oak trees, including those proposed for removal, will be
shown on a map.
• This map should be used during the planning phase to minimize construction
impacts.
• A root protection zone for existing oaks will be established at a distance of 1.5 x
dripline.
• No construction activities, such as trenching, soil piling or staging of vehicles should
be conducted within the root protection zone. If construction activities are needed
within the zone, impacts should be minimized. Wood chips or 5/8 inch plywood may
be placed over the affected root protection zone prior to work. Trenching should not
impact more than 30percent of the root protection zone. Severed roots should be
cleanly cut with a sharp saw to reduce infection.
• A protective barrier shall be established around the root protection zone if
construction activities are planned adjacent to affected trees.
• Existing oaks should not be defaced, damaged or severely pruned during
construction.
• Irrigation systems or establishment of turf should be outside of the root protection
48
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 31 of 67
zone.
• Heritage trees (oaks 24 inch DBH or greater and in good health) should be mapped,
located and protected.
Discussion
These impacts were identified and discussed in Section 3.4 Biological Resources (pages 3.4-20 through
3.20-67 of the Draft EIR).
Elimination of Mitigation Measure 3.4-3: The elimination of Mitigation Measure 3.4-3 would
eliminate a mitigation requiring a 250-foot avoidance buffer around Pond #1 and #3 that was
intended to avoid potential habitat for California Black Rail and Red Bluff dwarf rush. MUP13-0004
includes modification of the golf course configuration near Pond #1 and Pond #3 including holes 10, 11
13 thru 16. Field surveys performed for the environmental review document had not determined
presence/absence of either species on the project site and without a determination of
absence/presence, Mitigation Measure 3.4-3 was incorporated into the project to avoid potential
habitat. However, since the time that environmental review was performed on the approved project, an
absence determination has been made based on surveys for both species.
A protocol level California black rail occupancy surveys performed by Gallaway Enterprises on March 13,
2013, March 27, 2013 and April 22, 2013 during the California black rail nesting season (March –
August). In addition, non-protocol level winter occupancy surveys were conducted on November 19,
2012 and November 27, 2012. Based on this information (absence determination), the approved project
does not have the potential to impact California black rail and Mitigation Measure 3.4-3 is not necessary
to reduce impacts associated with this species. The information presented above warrants the
elimination of Mitigation Measure 3.4-3. The California Black Rail Report is attached as Appendix C.
Field surveys have been performed by Elena Gregg, NorthStar Environmental on June 4, 7, and 12, 2012,
by Kirk Vail, Senior Botanist, Gallaway Enterprises on September 5, 6, 7, and 27 and October 4 and by
Jones and Stokes in 1990. While none of these surveys resulted in finding the Red Bluff dwarf rush, the
surveys were not performed in the appropriate blooming period for this species; therefore, an absence
determination could not be made during the environmental review. Subsequent to the environmental
review, protocol-level surveys for Red Bluff dwarf rush were performed by Gallaway Enterprises on April
25, 2013, which is the appropriate blooming period for this species. These surveys resulted in an
absence determination for this species. Based on the absence determination, the approved project does
not have the potential to impact Red Bluff dwarf rush and Mitigation Measure 3.4-3 is not necessary to
reduce impacts associated with this species. The absence determination warrants the elimination of
Mitigation Measure 3.4-3. The Survey memo for Red Bluff dwarf rush is attached as Appendix D.
The elimination of Mitigation Measure 3.4-3 does not change the severity of the impacts beyond what
was addressed in the Final EIR. There are no new impacts beyond what was addressed in the Final EIR.
Lastly, there are no changed circumstances or new information that meets the standard for requiring
further environmental review under CEQA Guidelines Section 15162.
49
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 32 of 67
Confimation Survey - Mitigation Measure 3.4-5: Field surveys performed for the Draft EIR had not
determined presence/absence of this species on the project site and without a determination of
absence/presence, Mitigation Measure 3.4-5 was incorporated into the project to avoid potential
habitat. However, since the time that environmental review was performed on the approved project, an
absence determination has been made based on surveys for this species.
Field surveys have been performed by Elena Gregg, NorthStar Environmental on June 4, 7, and 12, 2012,
by Kirk Vail, Senior Botanist, Gallaway Enterprises on September 5, 6, 7, and 27 and October 4 and by
Jones and Stokes in 1990. While none of these surveys resulted in finding the abode lily, the surveys
were not performed in the appropriate blooming period for this species; therefore, an absence
determination could not be made during the environmental review. Subsequent to the environmental
review, protocol-level surveys for adobe lily were performed by Gallaway Enterprises on March 15,
2013, which is the appropriate blooming period for this species. These surveys resulted in an absence
determination for this species. Based on the absence determination, the approved project does not
have the potential to impact adobe lily and Mitigation Measure 3.4-5 is not necessary to reduce impacts
associated with this species. The survey memo for adobe lily is attached as Appendix D.
There are no changed circumstances or new information that meets the standard for requiring further
environmental review under CEQA Guidelines Section 15162.
None of the impacts referenced above pertain to the proposed design modifications on the hotel and
wellness center site or the design modifications to the 9 cottage units. .
CULTURAL RESOURCES
Impact 3.5-1: Potential to Cause a Substantial Adverse Change in the Significance of a Historical or
Archaeological Resource as Defined in CEQA Guidelines §15064.5 (Less than
Significant with Mitigation)
Mitigation Adopted by the County: Mitigation Measure 3.5-1 through 3.5-5.
Residual impact is less than significant.
Mitigation Measure 3.5-1: Prior to the approval of Grading and Improvement Plans, the
project proponent shall design the project to avoid the three recorded cultural sites
(Stringtown 1, PA-12-G10 and PA-12-G11). These cultural sites can be assumed to be
important resources under the California Register of Historical Resources. If it is not possible
for project plans to avoid these sites, the eligibility of the sites should be determined under
the California Register criteria, with all work supervised by professionals who meet the
Secretary of the Interior’s Professional Qualifications Standards. If it is determined that the
sites do not meet the criteria of the California Register, protection and preservation will not
be necessary.
Mitigation Measure 3.5-2: Prior to the commencement of construction, the boundaries of
50
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 33 of 67
the midden site (Stringtown 1) should to be determined through the excavation of a series of
shovel test pits. This will establish the precise boundaries of the resource to identify the area
requiring protection.
Mitigation Measure 3.5-3: Prior to the commencement of construction, the three recorded
cultural sites (Stringtown 1, PA-12-G10 and PA-12-G11) shall be fenced with orange
protective fencing to provide complete protection from construction related impacts of any
type including vehicular access and pedestrian access. If at any point, permanent fencing
must be installed to deter future access, the fencing should be designed to provide complete
protection from any future impact.
Mitigation Measure 3.5-4: If cultural resources (i.e., prehistoric sites, historic sites, and
isolated artifacts and features) are discovered during the course of construction, work shall
be halted immediately within 50 meters (165 feet) of the discovery, Butte County shall be
notified, and a qualified archaeologist that meets the Secretary of the Interior’s Professional
Qualifications Standards in prehistoric or historical archaeology shall be retained to
determine the significance of the discovery.
Butte County shall consider mitigation recommendations presented by the qualified
archaeologist for any unanticipated discoveries and shall carry out the measures deemed
feasible and appropriate. Such measures may include avoidance, preservation in place,
excavation, documentation, curation, data recovery, or other appropriate measures. The
project proponent shall be required to implement any mitigation necessary for the protection
of cultural resources.
Mitigation Measure 3.5-5: Inspection of Stringtown 1 should be provided on an annual basis
to assure that the site remains protected. It may be advisable to work with a group such as
The Archaeological Conservancy to provide such services or to place the site in a conservation
easement.
Impact 3.5-2: Potential to Directly or Indirectly Destroy a Unique Paleontological Resource (Less
than Significant with Mitigation)
Mitigation Adopted by the County: Mitigation Measure 3.5-6. Residual impact is
less than significant.
Mitigation Measure 3.5-6: If paleontological resources are discovered during the course of
construction, work shall be halted immediately within 50 meters (165 feet) of the discovery,
Butte County shall be notified, and a qualified paleontologist shall be retained to determine
the significance of the discovery. If the paleontological resource is considered significant, it
should be excavated by a qualified paleontologist and given to a local agency, State
University, or other applicable institution, where they could be curated and displayed for
public education purposes.
Impact 3.5-3: Potential to Disturb Any Human Remains, Including Those Interred Outside of
Formal Cemeteries (Less than Significant with Mitigation)
Mitigation Adopted by the County: Mitigation Measure 3.5-7. Residual impact is
51
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 34 of 67
less than significant.
Mitigation Measure 3.5-7: If human remains are discovered during the course of
construction, work shall be halted at the site and any nearby area reasonably suspected to
overlie adjacent human remains until he Butte County Coroner has been informed and has
determined that no investigation of the cause of death is required. If the remains are of
Native American origin, either of the following steps will be taken:
• The coroner will contact the Native American Heritage Commission in order to
ascertain the proper descendants from the deceased individual. The coroner will
make a recommendation to the landowner or the person responsible for the
excavation work, for means of treating or disposing of, with appropriate dignity, the
human remains and any associated grave goods, which may include obtaining a
qualified archaeologist or team of archaeologists to properly excavate the human
remains.
• The landowner shall retain a Native American monitor, and an archaeologist, if
recommended by the Native American monitor, and rebury the Native American
human remains and any associated grave goods, with appropriate dignity, on the
property and in a location that is not subject to further subsurface disturbance when
any of the following conditions occurs:
o The Native American Heritage Commission is unable to identify a
descendent.
o The descendant identified fails to make a recommendation.
o Butte County or its authorized representative rejects the recommendation
of the descendant, and the mediation by the Native American Heritage
Commission fails to provide measures acceptable to the landowner.
Discussion
These impacts were identified and discussed in Section 3.5 Cultural Resources (pages 3.5-13 through
3.5-18 of the Draft EIR).
None of the impacts referenced above pertain to the proposed changes (design modifications or
elimination of mitigation measure). The proposed changes would not affect cultural resources. The
proposed projects do not change the severity of the impacts beyond what was addressed in the Final
EIR. There are no new impacts beyond what was addressed in the Final EIR. Lastly, there are no
changed circumstances or new information that meets the standard for requiring further
environmental review under CEQA Guidelines Section 15162.
GEOLOGY, SOILS, AND MINERAL RESORUCES
Impact 3.6-1: The proposed project may expose people or structures to potential substantial
adverse effects involving strong seismic ground shaking or seismic related ground
failure (Less than Significant)
52
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 35 of 67
Mitigation Adopted by the County: None
Impact 3.6-2: Implementation and construction of the proposed project may result in substantial
soil erosion or the loss of topsoil (Less than Significant with Mitigation)
Mitigation Adopted by the County: Mitigation Measure 3.6-1 and 3.6-2. Residual
impact is less than significant.
Mitigation Measure 3.6-1: Prior to the issuance of a grading permit (project site) or
construction activities (offsite infrastructure site), the project proponent shall submit a Notice
of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) to the RWQCB in
accordance with the NPDES General Construction Permit requirements. The SWPPP shall be
designed to control pollutant discharges utilizing Best Management Practices (BMPs) and
technology to reduce erosion and sediments. BMPs may consist of a wide variety of measures
taken to reduce pollutants in stormwater runoff from the project site. Measures shall include
temporary erosion control measures (such as silt fences, staked straw bales/wattles,
silt/sediment basins and traps, check dams, geofabric, sandbag dikes, and temporary
revegetation or other ground cover) that will be employed to control erosion from disturbed
areas. Final selection of BMPs will be subject to approval by Butte County and the RWQCB.
The SWPPP will be kept on site during construction activity and will be made available upon
request to representatives of the RWQCB.
Mitigation Measure 3.6-2: Prior to the issuance of a building permit, the project
proponent shall ensure that at least 85 to 90 percent of annual average stormwater runoff
from the project site is treated per the standards in the California Stormwater Best
Management Practice New Development and Redevelopment Handbook. Drainage from all
paved surfaces, including streets, parking lots, driveways, and roofs shall be routed either
through swales, buffer strips, or sand filters or treated with a filtering system prior to
discharge to the storm drain system. Landscaping shall be designed to effect some
treatment, along with the use of a Stormwater Management filter to permanently sequester
hydrocarbons, if necessary. Roofs shall be designed with down spouting into landscaped
areas, bubbleups, or trenches. Driveways shall be curbed into landscaping so runoff drains
first into the landscaping. Permeable pavers and pavement shall be utilized to construct the
facilities, where appropriate.
Impact 3.6-3: Potential to be located on a geologic unit or soil that is unstable, or that would
become unstable as a result of project implementation, and potentially result in
landslide, lateral spreading, subsidence, liquefaction or collapse (Less than
Significant with Mitigation)
Mitigation Adopted by the County: Mitigation Measure 3.6-3. Residual impact is
less than significant.
Mitigation Measure 3.6-3: Prior to grading, a certified geotechnical engineer shall be
retained to perform a final geotechnical evaluation of the soils at a design-level. The grading
and improvement plans, as well as the building plans shall be designed in accordance with
the recommendations provided in the final geotechnical evaluation. Final geotechnical design
53
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 36 of 67
shall be developed by a geotechnical engineer in accordance with the California Building
Code.
Impact 3.6-4: Potential for expansive soils to create substantial risks to life or property (Less than
Significant)
Mitigation Adopted by the County: None
Impact 3.6-5: Potential to result in the loss of availability of a mineral resource of value to the
region or state, or a locally-important mineral resource recovery site (Less than
Significant)
Mitigation Adopted by the County: None
Impact 3.6-6: Potential to release asbestos from earth movement (Less than Significant)
Mitigation Adopted by the County: None
Discussion
These impacts were identified and discussed in Section 3.6 Geology, Soils, and Mineral Resources
(pages 3.6-13 through 3.5-22 of the Draft EIR).
None of the impacts referenced above pertain to the proposed changes (design modifications or
elimination of mitigation measure). The proposed changes would not affect geology, soils, or mineral
resources. The proposed projects do not change the severity of the impacts beyond what was
addressed in the Final EIR. There are no new impacts beyond what was addressed in the Final EIR.
Lastly, there are no changed circumstances or new information that meets the standard for requiring
further environmental review under CEQA Guidelines Section 15162.
GREENHOUSE GAS EMISSIONS AND CLIMATE CHANGE
Impact 3.7-1: Potential to generate greenhouse gas emissions, either directly or indirectly, that
may have a significant impact on the environment – Operational (Significant and
Unavoidable)
Mitigation Adopted by the County: Implement Applicant’s Project Commitments
and Mitigation Measure 3.3-1. Residual impact is significant and unavoidable.
Impact 3.7-2: Potential to generate greenhouse gas emissions, either directly or indirectly, that
may have a significant impact on the environment – Construction (Less than
Significant with Mitigation)
Mitigation Adopted by the County: Mitigation Measure 3.7-1. Residual impact is
less than significant.
54
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 37 of 67
Mitigation Measure 3.7-1: To the extent feasible, the project applicant shall implement the
following measures to mitigate construction-related greenhouse gas emissions:
• Improve fuel efficiency from construction equipment:
o Minimize idling time either by shutting equipment off when not in use or
reducing the time of idling to no more than 3 minutes (5 minute limit is
required by the state airborne toxics control measure [Title 13, sections
2449(d)(3) and 2485 of the California Code of Regulations]). Provide clear
signage that posts this requirement for workers at the entrances to the site.
o Maintain all construction equipment in proper working condition according
to manufacturer’s specifications. The equipment must be checked by a
certified mechanic and determined to be running in proper condition before
it is operated.
o Train equipment operators in proper use of equipment.
o Use the proper size of equipment for the job.
o Use equipment with new technologies (repowered engines, electric drive
trains).
• Perform on-site material hauling with trucks equipped with on-road engines (if
determined to be less emissive than the off-road engines).
• Use alternative fuels for generators at construction sites such as propane or solar, or
use electrical power.
• Maintain all construction equipment in proper tune according to manufacturer’s
specifications.
• Use an ARB approved low carbon fuel for construction equipment. (NOx emissions
from the use of low carbon fuel must be reviewed and increases mitigated.)
• Encourage and provide carpools, shuttle vans, transit passes and/or secure bicycle
parking for construction worker commutes.
• Reduce electricity use in the construction office by using compact fluorescent bulbs,
powering off computers every day, and replacing heating and cooling units with
more efficient ones.
• Recycle or salvage non-hazardous construction and demolition debris (goal of at
least 75% by weight).
• Use locally sourced or recycled materials for construction materials (goal of at least
20% based on costs for building materials, and based on volume for roadway,
parking lot, sidewalk and curb materials). Wood products utilized should be certified
through a sustainable forestry program.
• Minimize the amount of concrete for paved surfaces or utilize a low carbon concrete
option.
• Produce concrete on-site if determined to be less emissive than transporting ready
mix.
• Use SmartWay certified trucks for deliveries and equipment transport.
• Develop a plan to efficiently use water for adequate dust control.
Impact 3.7-3: Potential to conflict with an applicable plan, policy, or regulation adopted for the
purpose of reducing the emissions of greenhouse gases (Less than Significant with
Mitigation)
Mitigation Adopted by the County: Implement Applicant’s Project Commitments.
Residual impact is less than significant.
Discussion
55
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 38 of 67
These impacts were identified and discussed in Section 3.7 Greenhouse Gas Emissions and Climate
Change (pages 3.7-16 through 3.7-24 of the Draft EIR).
The design modifications on the hotel and wellness center site include reconfiguring the buildings on
the same site that was previously analyzed for the hotel and wellness center. The reconfiguration
does not change the severity of the impacts beyond what was addressed in the Final EIR. There are no
new impacts beyond what was addressed in the Final EIR. Lastly, there are no changed circumstances
or new information that meets the standard for requiring further environmental review under CEQA
Guidelines Section 15162.
The design modifications also include increasing the size of the 9 cottage units on the golf resort site
from 1,500 sf to approximately 2,900 sf. The increased size of the cottage units could result in a slight
increase in energy usage, although the increase is considered negligible because the occupancy of the
cottage units is not anticipated to change. The increased size of the cottage units does not change the
severity of the impacts beyond what was addressed in the Final EIR. There are no new impacts beyond
what was addressed in the Final EIR. Lastly, there are no changed circumstances or new information
that meets the standard for requiring further environmental review under CEQA Guidelines Section
15162.
None of the impacts referenced above pertain to the proposed elimination of Mitigation Measure 3.4-
3.
HAZARDS AND HAZARDOUS MATERIALS
Impact 3.8-1: Potential to create a significant hazard through the routine transport, use, or
disposal of hazardous materials or through the reasonably foreseeable upset and
accident conditions involving the release of hazardous materials into the
environment (Less than Significant with Mitigation)
Mitigation Adopted by the County: Mitigation Measure 3.8-1. Residual impact is
less than significant.
Mitigation Measure 3.8-1: Prior to bringing hazardous material onsite, the applicant shall
submit a Hazardous Materials Business Plan (HMBP) to Butte County Environmental Health
Division (CUPA) for review and approval. If the inventory of reportable hazardous materials
include fuels stored in Aboveground Storage Tanks (AST) that exceed 1320 gallons (in
containers >55 gallons) the applicant must file documents required by the California
Aboveground Storage Tank Act (APSA). If one of the AST’s is larger than 20,000 gallons or the
accumulative storage capacity exceeds 100,000 gallons a Spill Prevention and
Countermeasures Plan (SPCC) will be required. If during the construction process the
applicant or his subcontractors generates hazardous waste, the applicant must register with
the CUPA as a generator of hazardous waste, obtain an EPA ID# and accumulate, ship and
56
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 39 of 67
dispose of the hazardous waste per Health and Safety Code Ch. 6.5. (California Hazardous
Waste Control
Impact 3.8-2: Potential to emit hazardous emissions or handle hazardous or acutely hazardous
materials, substances, or waste within one-quarter mile of an existing or proposed
school (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.8-3: Potential to result in impacts from being included on a list of hazardous materials
sites compiled pursuant to Government Code Section 65962.5 (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.8-4: Potential for the project to result in a safety hazards for people residing or working
on the project site as a result of public airport or public use airport (Less than
Significant)
Mitigation Adopted by the County: None
Impact 3.8-5: Potential for the project to result in safety hazards for people residing or working on
the project site as a result of a private airstrip (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.8-6: Potential to impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.8-7: Potential to expose people or structures to a risk of loss, injury or death from
wildland fires (Less than Significant)
Mitigation Adopted by the County: None
Discussion
These impacts were identified and discussed in Section 3.8 Hazards and Hazardous Materials (pages
3.8-12 through 3.8-15 of the Draft EIR).
None of the impacts referenced above pertain to the proposed changes (design modifications or
elimination of Mitigation Measure 3.4-3). The proposed changes would not affect hazards or
hazardous materials resources. The proposed projects do not change the severity of the impacts
beyond what was addressed in the Final EIR. There are no new impacts beyond what was addressed in
the Final EIR. Lastly, there are no changed circumstances or new information that meets the standard
for requiring further environmental review under CEQA Guidelines Section 15162.
57
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 40 of 67
HYDROLOGY AND WATER QUALITY
Impact 3.9-1: Violate any water quality standards or waste discharge requirements during
construction
Mitigation Adopted by the County: Mitigation Measure 3.9-1. Residual impact is
less than significant.
Mitigation Measure 3.9-1: Prior to the issuance of a grading permit (project site) or
construction activities (offsite infrastructure site), the project proponent shall submit a NOI
and SWPPP to the RWQCB in accordance with the NPDES General Construction Permit
requirements. The SWPPP shall utilize BMPs and technology to reduce erosion and sediments
to meet water quality standards. Such BMPs may include: temporary erosion control
measures such as silt fences, staked straw bales/wattles, silt/sediment basins and traps,
check dams, geofabric, sandbag dikes, and temporary revegetation or other ground cover.
The SWPPP shall be kept on site and implemented during construction activities and shall be
made available upon request to representatives of Butte County and/or RWQCB.
Impact 3.9-2: Violate any water quality standards or waste discharge requirements during
operation
Mitigation Adopted by the County: Mitigation Measure 3.9-1 and 3.9-2. Residual
impact is less than significant.
Mitigation Measure 3.9-2: Prior to the issuance of a grading permit for the golf course
project, the project proponent shall retain a qualified specialist to perform water quality
sampling/monitoring and the qualified specialist shall submit a monitoring plan for review
and approval by the Butte County. The intent of the sampling/monitoring is to ensure that
fertilizer, pesticide, herbicides, and any other pollutants from operations and maintenance of
the golf course do not increase pollution in waterbodies on or off of the project site, including
Lake Oroville. The monitoring plan shall include a requirement to sample water quality prior
to the beginning of construction to establish pre-project water quality as a baseline for later
comparison of post-project water quality. The monitoring plan shall establish the appropriate
timing of sampling/monitoring in perpetuity. Once the monitoring plan is approved by Butte
County, the qualified specialist shall perform the sampling/monitoring in accordance with the
monitoring plan and provide the results to Butte County for the public record. Butte County
shall determine if corrective actions are needed based on the sampling/monitoring results.
Impact 3.9-3: Depletion of groundwater supplies or interfere substantially with groundwater
recharge
Mitigation Adopted by the County: None
Impact 3.9-4: Alter the existing drainage pattern in a manner which would result in substantial
erosion, siltation, flooding, or polluted runoff
58
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 41 of 67
Impact 3.9-5: Otherwise substantially degrade water quality
Mitigation Adopted by the County: Mitigation Measure 3.9-1 and 3.9-2. Residual
impact is less than significant.
Impact 3.9-6: Place housing or structures that would impede/redirect flows within a 100-year
flood hazard area as mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map
Mitigation Adopted by the County: None
Impact 3.9-7: Expose people or structures to a significant risk of loss, injury or death involving
flooding, including flooding as a result of the failure of a levee or dam, seiche,
tsunami, or mudflow
Mitigation Adopted by the County: None
Discussion
These impacts were identified and discussed in Section 3.9 Hydrology and Water Quality (pages 3.9-13
through 3.9-42 of the Draft EIR).
None of the impacts referenced above pertain to the proposed changes (design modifications or
elimination of Mitigation Measure 3.4-3). The proposed changes would not affect hydrology and
water quality. The proposed projects do not change the severity of the impacts beyond what was
addressed in the Final EIR. There are no new impacts beyond what was addressed in the Final EIR.
Lastly, there are no changed circumstances or new information that meets the standard for requiring
further environmental review under CEQA Guidelines Section 15162.
LAND USE
Impact 3.10-1: Potential to physically divide an established community
Mitigation Adopted by the County: None
Impact 3.10-2: Potential to conflict with an applicable land use plan, policy, or regulation of an
agency with jurisdiction over the project adopted to avoid or mitigate an
environmental effect
Mitigation Adopted by the County: None
Impact 3.10-3: Potential to conflict with an applicable habitat conservation plan or natural
community conservation plan
Mitigation Adopted by the County: None
59
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 42 of 67
Impact 3.10-4: Induce Substantial Population Growth in an Area
Mitigation Adopted by the County: None
Impact 3.10-5: Potential to displace substantial numbers of people or existing housing
Mitigation Adopted by the County: None
Discussion
These impacts were identified and discussed in Section 3.10 Land Use and Population (pages 3.10-14
through 3.10-28 of the Draft EIR).
None of these impacts reference above pertain to the proposed changes (design modifications and
elimination of Mitigation Measure 3.4-3). In addition, the proposed changes would not change land
use designations or the extent of anticipated urban development or increase in land use intensity or
density. Thus, no new or increased severity of impacts would occur beyond what was addressed in the
Final EIR. There are no changed circumstances or new information that meets the standard for
requiring further environmental review under CEQA Guidelines Section 15162.
NOISE
Impact 3.11-1: Traffic Noise Levels at Existing Receptors (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.11-2: Construction Noise (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.11-3: Construction Vibration (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.11-4: Transportation Noise at Sensitive Receptors (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.11-5: Stationary Noise at Proposed Receptors (Less than Significant with Mitigation)
Mitigation Adopted by the County: Mitigation Measure 3.11-1. Residual impact is
less than significant.
Mitigation Measure 3.11-1: Golf course maintenance activities occurring on the Stringtown
Road end of the project should be should be restricted to daytime hours (7:00 am – 7:00 pm).
This would specifically apply to gasoline-powered equipment, including mowers and
aerators.
60
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 43 of 67
Mitigation Adopted by the County: None
Impact 3.11-6: Cumulative Noise Levels (Less than Significant)
Mitigation Adopted by the County: None
Discussion
These impacts were identified and discussed in Section 3.11 Noise (pages 3.11-12 through 3.11-22 of
the Draft EIR).
None of the impacts referenced above pertain to the proposed changes (design modifications or
elimination of Mitigation Measure 3.4-3). The proposed changes would not change land use
designations, increase intensity/density, or the extent of anticipated urban development. The
proposed projects do not change the severity of the impacts beyond what was addressed in the Final
EIR. There are no new impacts beyond what was addressed in the Final EIR. Lastly, there are no
changed circumstances or new information that meets the standard for requiring further
environmental review under CEQA Guidelines Section 15162.
PUBLIC SERVICES AND RECREATION
Impact 3.12-1: Potential to require the construction of fire department facilities which may cause
substantial adverse physical environmental impacts (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.12-2: Potential to require the construction of police department facilities which may
cause substantial adverse physical environmental impacts (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.12-3: Potential to require the construction of school facilities which may cause substantial
adverse physical environmental impacts (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.12-4: Potential to require the construction of park and recreational facilities which may
cause substantial adverse physical environmental impacts (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.12-4: Effects on other public facilities (Less than Significant)
Mitigation Adopted by the County: None
Discussion
These impacts were identified and discussed in Section 3.12 Public Services and Recreation (pages
61
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 44 of 67
3.12-12 through 3.12-14 of the Draft EIR).
None of the impacts referenced above pertain to the proposed changes (design modifications or
elimination of Mitigation Measure 3.4-3). The proposed changes would not affect public services and
recreation. The proposed projects do not change the severity of the impacts beyond what was
addressed in the Final EIR. There are no new impacts beyond what was addressed in the Final EIR.
Lastly, there are no changed circumstances or new information that meets the standard for requiring
further environmental review under CEQA Guidelines Section 15162.
TRANSPORTATION AND CIRCULATION
Impact 3.13-1: Potential to create an increase in traffic that would cause existing plus project traffic
conditions to degrade to an unacceptable level of service (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.13-2: Potential to create an increase in traffic that would cause cumulative plus project
traffic conditions to degrade to an unacceptable level of service (Less than
Significant with Mitigation)
Mitigation Adopted by the County: Mitigation Measure 3.13-1. Residual impact is
less than significant.
Mitigation Measure 3.13--1: Prior to occupancy, the project proponent shall implement the
following measures:
• Retime the SR 162/Gold Country Casino Access Intersection traffic signal during the
PM peak hour. This results in an improvement from LOS E to an acceptable LOS D
operation.
• Construct a standard left-tum lane at the SR I62/Forbestown Road intersection
(Intersection 3 in the TIS) based on Chapter 400 of the Caltrans Highway Design
Manual. Sixth Edition. The existing Right-of-Way (ROW) appears to be adequate to
accommodate the widening; if not dedicate ROW from the project site as needed.
• Construct a left turn lane at the SR 162/Project Access intersection. If the existing
ROW is not adequate to accommodate the widening, dedicate ROW as needed. If
the cost of a left turn lane is prohibitive due to terrain, a shoulder bypass lane may
be adequate.
Discussion
These impacts were identified and discussed in Section 3.13 Transportation and Circulation (pages
3.13-8 through 3.13-29 of the Draft EIR).
None of the impacts referenced above pertain to the proposed changes (design modifications or
62
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 45 of 67
elimination of Mitigation Measure 3.4-3). The proposed changes would not affect transportation or
circulation. The proposed projects do not change the severity of the impacts beyond what was
addressed in the Final EIR. There are no new impacts beyond what was addressed in the Final EIR.
Lastly, there are no changed circumstances or new information that meets the standard for requiring
further environmental review under CEQA Guidelines Section 15162.
UTILITIES
Impact 3.14-1: Potential to exceed wastewater treatment requirements or capacity, or result in
a determination by the wastewater treatment and/or collection provider which
serves or may serve the project that is does not have adequate capacity to serve
the project’s projected demand in addition to the provider’s existing
commitments (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.14-2: Potential to require or result in the construction of new wastewater treatment
and/or collection facilities or expansion of existing facilities, the construction of
which could cause significant environmental effects (Significant and
Unavoidable)
Mitigation Adopted by the County: No feasible mitigation measure is available.
Impact 3.14-3: Potential to require construction of new water treatment facilities or expansion
of existing facilities (Significant and Unavoidable)
Mitigation Adopted by the County: No feasible mitigation measure is available.
Impact 3.14-4: Potential to have insufficient water supplies available to serve the project from
existing entitlements and resources (Less than Significant)
Mitigation Adopted by the County: None
Impact 3.14-5: Potential to be served by a landfill with sufficient permitted capacity to
accommodate the project’s solid waste disposal needs and comply with federal,
State, and local statutes and regulations related to solid waste (Less than
Significant)
Mitigation Adopted by the County: None
Discussion
These impacts were identified and discussed in Section 3.14 Utilities (pages 3.14-6 through 3.14-9,
3.14-14 through 3.14-18, and 3.14-20 through 3.14-21 of the Draft EIR).
None of the impacts referenced above pertain to the proposed changes (design modifications or
63
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 46 of 67
elimination of Mitigation Measure 3.4-3). The proposed changes would not affect utilities. The
proposed projects do not change the severity of the impacts beyond what was addressed in the Final
EIR. There are no new impacts beyond what was addressed in the Final EIR. Lastly, there are no
changed circumstances or new information that meets the standard for requiring further
environmental review under CEQA Guidelines Section 15162.
64
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 47 of 67
Appendix A: Architectural Plans –Floor Plans
65
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 48 of 67
Appendix B: Modified Hotel Complex and Wellness Center Site Plan
Existing
not to scale
As proposed in MUP13-0004
66
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 49 of 67
Appendix B (continued): Modified Golf Course Plan
Existing
not to scale
As proposed in MUP13-0004
67
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 50 of 67
Appendix C: California Black Rail Survey Report
68
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 51 of 67 69
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 52 of 67 70
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 53 of 67 71
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 54 of 67 72
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 55 of 67 73
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 56 of 67 74
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 57 of 67 75
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 58 of 67 76
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 59 of 67 77
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 60 of 67 78
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 61 of 67
79
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 62 of 67
Appendix D: Red Bluff Dwarf Rush and Adobe Lily Survey Report
80
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 63 of 67
81
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 64 of 67
82
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 65 of 67
83
Butte County Department of Development Services
Addendum to The Golf Resort at Lake Oroville EIR
Page 66 of 67
84