HomeMy WebLinkAboutTSM20-0003_PC_PacketButte County Department of Development Services
October 28, 2021 Agenda Report – Rowdy Estates Subdivision TSM20-0003 Page 1 of 14
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT – October 28, 2021
Applicant:
Owners:
MJ Shelton Holdings, LLC/
Mike & Julie Jackson
Same
G.P.:
Zoning:
Very Low Density
Residential (VLDR)
VLDR -1.0/SR-1(NCSP
Overlay/AO-C & D (Airport
Overlay Compatibility Zones
C & D)
File : TSM20-0003 (Rowdy Estates)
Request: A Tentative Subdivision Map to
divide two parcels totaling 9.56
acres into eight parcels (ranging
in size from 1-acre to 1.6 acres).
The parcels will have access by
a proposed cul-de-sac off
Garner Lane. Domestic water
for each parcel would be
provided by a well.
Wastewater will be provided
by onsite individual waste
water systems (septic tank and
leachfield).
Zone Date:
APNs:
Location:
Supervisor
District:
December 10, 2012
047-710-008 & 047-710-009
The project site is located on
the east side of Garner Lane,
at the intersection of
Kittyhawk Drive, north and
west of Chico.
3
Parcel Sizes: 4.78 acres each/9.56 acres
total site size
Planner: Mark Michelena,
Senior Planner
Attachments:
A: Resolution with attached
conditions
B: Vicinity Map and Zoning
Map
C: Initial Study/Mitigated
Negative Declaration.
E: Tentative Subdivision Map
______________________________________________________________________________
EXECUTIVE SUMMARY:
The project proposes a Tentative Subdivision Map to divide two parcels totaling 9.56 acres into eight
parcels (ranging in size from 1-acre to 1.6 acres). The parcels will be accessed by a proposed cul-de-
sac off Garner Lane. Domestic water for each parcel would be provided by individual wells.
Wastewater will be provided by individual onsite wastewater systems (septic tank and leachfield).
1
Butte County Department of Development Services
October 28, 2021 Agenda Report – Rowdy Estates Subdivision TSM20-0003 Page 2 of 14
The project includes a pressurized water system with a dedicated well site (Lot A) and a fire
hydrant. The well and hydrant will be maintained as part of a proposed County Service Area. Lot
A will be dedicated to Butte County for the benefit of the CSA. The project proposes a stormwater
retention/infiltration basin and swale/leach trenches to retain and mitigate stormwater and drainage
runoff on site.
RECOMMENDATION:
Staff recommends the Planning Commission adopt the Resolution adopting a Mitigated Negative
Declaration pursuant to the California Environmental Quality Act (CEQA) and approving the
Tentative Subdivision Map, subject to findings and conditions.
PROJECT DESCRIPTION:
The project proposes a Tentative Subdivision Map to divide two parcels totaling 9.56 acres into
8 lots (ranging in size from 1 to 1.6 acres).
Future residential uses would be served by individual septic systems, and individual wells.
Access to the lots is proposed by a single private cul-de-sac.
The project includes a pressurized water system with a dedicated well site (Lot A) and a fire
hydrant. The well and hydrant will be maintained part of a proposed County Service Area. Lot
A will dedicated to Butte County for the benefit of the CSA.
The project proposes a stormwater retention/infiltration basin and swale/leach trenches to
retain and mitigate stormwater and drainage runoff on site.
SITE CHARACTERISTICS:
The project site is 9.56 acres in total size. The site was developed with a residential dwelling,
which was removed. A new residence is being built, which will occupy one of the proposed
subdivision’s lots. The remainder of the lot has been primarily used as open space.
Elevation on the site is approximately 190 feet above sea level.
There are no waterways or drainage ways on the project site.
According to Federal Emergency Management Agency floodplain mapping of the project area,
the project site is located within unshaded Zone X, which is an area of minimal flood hazards
outside 0.2 percent annual-chance floodplain.
The project parcels are located outside of the Urban Flood Protection Overlay Zone for
urbanized and urbanizing areas 200-year flood plain in Butte County
The site is within the Airport Land Use Compatibility Plan’s C and D Compatibility Zones for
the Chico Municipal Airport.
SURROUNDING USES:
The subject property is bounded by Garner Avenue to the west, residential to the north, south
east and west, and some undeveloped parcels to the north and east.
2
Butte County Department of Development Services
October 28, 2021 Agenda Report – Rowdy Estates Subdivision TSM20-0003 Page 3 of 14
The project area primarily consists of rural residential and vacant parcels, on parcel sizes that
range in size from 0.47 to 60 acres.
The project site and surrounding area is zoned for family residential development zoned
VLDR with up to 1 dwelling unit per acre.
Direction General Plan
Designation
Zonin
g
NCSP
Overlay
Airport
Overlay
Existing Land
Use(s)
North Very Low
Density
Residential
(VLDR)
VLDR SR-1/P C
Compatibility
Zone
Residential/Undevelop
ed
South VLDR VLDR SR-1 C & D Residential
East VLDR VLDR SR-1/OS C Residential/Undevelop
ed
West VLDR VLDR SR-1 C & D Residential
ANALYSIS:
The subject property is zoned VLDR (Very Low Density Residential, 1-acre minimum) zone
and designated as Very Low Density Residential by the General Plan. The proposed
Subdivision Map complies with the 1-acre minimum parcel size required by the VLDR zone.
The purpose of the VLDR zone is to allow for single-family homes and related uses in
residential neighborhoods within the county. Standards for the VLDR zone are intended to
preserve and protect the character of existing neighborhoods and to ensure that new residential
neighborhoods provide an appropriate transition from rural to more developed areas. Permitted
residential uses in the VLDR zones include single-family homes, small residential care homes,
second units and accessory dwelling units, animal grazing, on-site agricultural product sales,
and private stables.
The subject property is also within the SR-1/NCSP (Suburban Residential 1-acre
minimum/North Chico Specific Plan) and AO-C/AO-D (Airport Compatibility Zones C and
D) Overlays and designated as Very Low Density Residential by the General Plan.
The NCSP accommodates a wide range of housing types and densities through five residential
zones/land uses, but the predominant parcel size is 1-acre. The majority of residential acreage
is single-family detached homes on one acre lots located northwest of Mud Creek.
The project is being required to dedicate an easement for the future extension of Kittyhawk
Drive pursuant to the NSCP. The easement location is shown on the tentative subdivision map.
The proposed cul-de-sac length of approximately 500 feet is consistent with the requirements
of Butte County Code Section 20-133, Cul-de-sac streets’ maximum length of 1,320 feet for
parcels zoned for one (1) to 4.99 acres.
Zoning Consistency
North Chico Specific Plan – Suburban Residential 1-acre minimum (SR-1) Zone Overlay
3
Butte County Department of Development Services
October 28, 2021 Agenda Report – Rowdy Estates Subdivision TSM20-0003 Page 4 of 14
The SR-1 zone allows for creation of 1-acre minimum size lots and development of detached
single-family dwellings.
The proposed project includes the creation of eight parcels (all 1-acre or larger). The proposed
project development is consistent with this zone.
Very Low Density Residential (VLDR) Zone
The purpose of the VLDR zone is to allow for single-family homes and related uses in residential
neighborhoods within the county. Standards for the VLDR zone are intended to preserve and
protect the character of existing neighborhoods and to ensure that new residential neighborhoods
provide an appropriate transition from rural to more developed areas. Permitted residential uses in
the VLDR zones include single-family homes, small residential care homes, second units and
accessory dwelling units, animal grazing, on-site agricultural product sales, and private stables.
The VLDR zone also conditionally permits non-residential uses compatible with a residential
setting, including public and quasi-public uses, golf courses, park and recreational facilities,
personal services, animal-keeping, large residential care homes, and medical offices and clinics.
The minimum permitted parcel size in the VLDR zone is 1 acre. The VLDR zone implements the
Very Low Density Residential land use designation in the General Plan.
The proposed project includes the creation of four parcels (all 1-acre or larger). The proposed
project development is consistent with this zone.
Airport Overlay Zone
The project is located 1.3 miles west of the Chico Municipal Airport’s nearest runway. The project
site is within the C & D Compatibility Zones for the Chico Municipal Airport. The C & D
Compatibility Zone contains areas commonly overflown by aircraft as they enter or depart the
traffic pattern. Parcels that are west of the Chico Municipal Airport, zoned VLDR and within the
C Compatibility Zone, allow a consistent parcel size of 1 acre. The D Compatibility Zone has no
residential density restrictions.
The proposed project includes the creation of eight parcels (all 1-acre or larger). The proposed
project development is consistent with the Airport Overlay zone.
General Plan 2030 Consistency Review
The following are applicable Goals and Policies of the Land Use Element of the Butte County
General Plan 2030. The policies in the General Plan are intended to provide clear guidance to the
County for the decision-making process. In general, policies that use the word “shall” are
mandatory. Policies that use the word “should” are not mandatory; these policies provide guidance
to the County, but the County is not required to follow them if they find that the policy is not
appropriate for a particular situation or if there are other factors, such as budget limitations, that
would make it difficult to follow the policy direction.
Staff’s analysis assessing the projects’ consistency or inconsistency with these goals and policies
are provided in italics following each item.
General Plan 2030 Goals and Policies Consistency Review
LAND USE ELEMENT
4
Butte County Department of Development Services
October 28, 2021 Agenda Report – Rowdy Estates Subdivision TSM20-0003 Page 5 of 14
General Plan 2030 Goals and Policies Consistency Review
GOAL LU-4. Provide high quality housing in a range of
residential densities and types.
Consistent. This goal is more specifically
reviewed in the discussion of the policy below.
LU-P4.1 The integrity and stability of existing residential
neighborhoods shall be promoted and preserved.*
Consistent. The project area consists of single
family residential and an agricultural uses within
the Very Low Density Residential (VLDR) zone.
The adjacent residential zone support densities of
1+ acre and may also include limited agricultural
uses. The proposed project includes the creation of
one acre parcels within the VLDR zone, resulting
in a project that is compatible with the surrounding
residential neighborhood.
GOAL LU-9. Coordinate land development with
provision of new services and infrastructure.
Consistent. This goal is more specifically
reviewed in the discussion of the policy below.
LU-P9.4 Applicants shall provide evidence of adequate
infrastructure capacity to serve the projected buildout of
proposed development projects.
Consistent. The project parcels will be served by
a cul-de-sac off Garner Lane. The proposed cul-
de-sac improvements will be consistent with
County Improvement standards. LU-P9.5 New development projects shall provide their own
infrastructure or tie in to existing infrastructure as it is built.
GOAL LU-13. Plan for growth and protect agriculture
in the Chico Area through the Chico Area Greenline.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
LU-P13.6 Guide land uses on the Urban Side of the Chico
Area Greenline by the policies of the Land Use Element and
the applicable urban land use designation as contained in the
Land Use Element.
Consistent. The project site is located in the
North Chico Specific Plan area, on the urban
side of the Chico Area Greenline.
Policy LU-P13.8 – Accommodate future urban and
suburban growth that occurs in the Chico area of Butte
County on lands situated in the Urban Side of the Chico
Greenline.
WATER RESOURCES ELEMENT
GOAL W-2. Ensure an abundant and sustainable water
supply to support all uses in Butte County.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
W-P2.8. The County supports Area of Origin water rights,
the existing water right priority system and the authority to
make water management decisions locally to meet the
county’s current and future needs, thereby protecting Butte
County’s communities, economy and environment.
Consistent. Extraction of groundwater resources
would be used for reasonable and beneficial uses
on the resultant lots, which is consistent with the
established water right priority system for
groundwater usage.
W-P2.9. Applicants for new major development projects, as
determined by the Department of Development Services,
shall demonstrate adequate water supply to meet the needs of
the project, including an evaluation of potential cumulative
Consistent. The proposed creation of parcels are
consistent with the development pattern identified
in Butte County General Plan 2030 and would
not result in a substantial depletion of area
groundwater resources, and would not
5
Butte County Department of Development Services
October 28, 2021 Agenda Report – Rowdy Estates Subdivision TSM20-0003 Page 6 of 14
General Plan 2030 Goals and Policies Consistency Review
impacts to surrounding groundwater users and the
environment.*
necessitate further evaluation of the groundwater
availability to serve the project, or its impact to
surrounding uses.
Goal W-3 Effectively manage groundwater resources to
ensure a long-term water supply for Butte County.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
W-P3.1. The County shall continue to ensure the
sustainability of groundwater resources, including
groundwater levels, groundwater quality and avoidance of
land subsidence, through a basin management objective
program that relies on management at the local level, utilizes
sound scientific data and assures compliance.
Consistent. The proposed creation of parcels are
consistent with the development pattern identified
in Butte County General Plan 2030 and would
not result in a substantial depletion of area
groundwater resources, and would not
necessitate further evaluation of the groundwater
availability to serve the project, or its impact to
surrounding uses.
W-P3.3. The County shall protect groundwater recharge and
groundwater quality when considering new development
projects.
Consistent. The Initial Study, prepared pursuant
to the CEQA, evaluated the potentially adverse
impacts. The proposed development will result in
residential parcels that utilize onsite sewage
disposal systems built in accordance with
regulation found in the Butte County Local
Agency Management Program (LAMP). This
regulation was established in accordance with
the 2012 California Onsite Wastewater
Treatment System Policy and approved by the
State Regional Water Quality Control Board in
2016 for, amongst other things, providing
minimum standards for the protection of
groundwater from contaminants found in onsite
wastewater. Several construction standards exist
in the LAMP that are protective of groundwater
from Nitrate contamination. One is the minimum
vertical separation distance of 36 inches between
the bottom of a standard leach trench and the
highest extent of seasonal groundwater. Another
is that a standard leach trench cannot be
constructed deeper than 36 inches into native
soil. The proposed development is conditioned on
designer specifications that the leach field
trenches will be shallower than this standard
found in the LAMP, at a maximum depth of 24
inches. This shallow leach trench design is
considered a further protective measure against
groundwater contamination. In addition, this
proposed development conforms to onsite
wastewater system standards prescribed in a
building moratorium imposed by the State Water
Board in 1990 for the area south of this
6
Butte County Department of Development Services
October 28, 2021 Agenda Report – Rowdy Estates Subdivision TSM20-0003 Page 7 of 14
General Plan 2030 Goals and Policies Consistency Review
development known for high Nitrate groundwater
contamination.
GOAL W-4. Promote water conservation as an
important part of a long-term and sustainable water
supply.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
W-P4.6. New development projects shall adopt best
management practices for water use efficiency and
demonstrate specific water conservation measures.*
Consistent. The California Building Standards
Code requires water efficiency in new homes,
such as low-flow toilets, faucets and
showerheads. Butte County Code, Subsections
24-110 through 112 identifies water efficiency
requirements for residential landscaping in
urban zones (VLDR is identified as an urban zone
in the Zoning Ordinance).
GOAL W-5. Protect water quality through effective
stormwater management.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
W-P5.2. New development projects shall identify and
adequately mitigate their water quality impacts from
stormwater runoff.*
Consistent. The Butte County General Plan
identifies the project site as having a “Slight”
potential for erosion. All grading and site-
disturbance construction activities associated
with the project are subject to review by the Butte
County Public Works Department, pursuant to
Chapter 13 of Butte County Code (Grading and
Mining) and by the Department of Development
Services through the building permit process for
new structures.
Thus, the proposed project would not cause a
measureable reduction in surface infiltration or a
decrease in deep percolation to the underlying
aquifers. At the time of development, proposed
improvements will be evaluated to ensure that
stormwater runoff is appropriately retained on-
site to adequately allow for groundwater
recharge and improved water quality.
W-P5.4. Temporary facilities shall be installed as necessary
during construction activities in order to adequately treat
stormwater runoff from construction sites.*
Consistent. Best management practices shall be
implemented during onsite land disturbance and
construction.
CIRCULATION ELEMENT
CIR-P6.5. Street improvements within the sphere of
influence of an incorporated municipality shall conform to
the street standards of that municipality.
Consistent. The Initial Study, prepared pursuant
to the CEQA, evaluated the potentially adverse
impacts to greenhouse gas emissions from the
proposed project, and its consistency with the
Butte County Climate Action Plan.
CONSERVATION AND OPEN SPACE ELEMENT
7
Butte County Department of Development Services
October 28, 2021 Agenda Report – Rowdy Estates Subdivision TSM20-0003 Page 8 of 14
General Plan 2030 Goals and Policies Consistency Review
GOAL COS-1. Reduce greenhouse emissions to 1990 levels
by 2020.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P1.1. Greenhouse gas emission impacts from proposed
development projects shall be evaluated as required by the
California Environmental Quality Act (CEQA).
Consistent. The Initial Study, prepared pursuant
to the CEQA, evaluated the potentially adverse
impacts to greenhouse gas emissions from the
proposed project, and its consistency with the
Butte County Climate Action Plan.
COS-P1.2. New development projects shall mitigate
greenhouse gas emissions on-site or as close to the site as
possible.
Consistent. Measures that support the expansion
of renewable energy systems, efficiency in vehicle
and landscaping equipment, and improve fuel
efficiency of equipment, will be implemented on
the project site to offset the contribution of
greenhouse gas emissions generated by the
project, with the implementation of Mitigation
Measure GHG-1.
GOAL COS-2. Promote green building, planning and
business.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P2.2. New development shall comply with Green
Building Standards adopted by the California Building
Standards Commission at the time of building permit
application, including requirements about low- or no-
toxicity building materials.
Consistent. Where applicable, Cal Green
Building Standards will be applied in the design
of structures built on the resultant parcels
through the County building permit application
process.
GOAL COS-5. Minimize air pollutant emissions. Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P5.2. Developers shall implement best management
practices to reduce air pollutant emissions associated with
the construction and operation of development projects.*
Consistent. The project includes an air quality
mitigation measure (AIR-1) that contains best
management practices in the suppression of dust
and other air pollution emissions during
construction activities.
GOAL COS-7. Conserve and enhance habitat for protected
species and sensitive biological communities.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P7.4. New development projects shall mitigate their
impacts in habitat areas for protected species through on- or
off-site habitat restoration, clustering of development, and/or
project design and through the provisions of the Butte
Regional Habitat Conservation Plan (HCP) and Natural
Community Conservation Plan (NCCP) within the
HCP/NCCP Planning Area, upon the future adoption of the
HCP/NCCP.*
Consistent. The project site consists of primary
grassland with a previous residence and new
residence being built. The environmental
document reviewed these resources and
determined with included mitigation measures,
the project would have a less than significant
impact Mitigation measures to address migratory
and nesting birds and one for possible burrowing
owls..
8
Butte County Department of Development Services
October 28, 2021 Agenda Report – Rowdy Estates Subdivision TSM20-0003 Page 9 of 14
General Plan 2030 Goals and Policies Consistency Review
COS-P7.5. No new development projects shall occur in
wetlands or within significant riparian habitats, except
within the Butte Regional Habitat Conservation Plan (HCP)
and Natural Community Conservation Plan (NCCP)
Planning Area where such development is consistent with
the conditions of the HCP/NCCP, upon the future adoption
of the HCP/NCCP.*
Consistent. The project site does not include any
wetlands or riparian area. The project does not
have impacts to habitat for protected species.
COS-P7.5. New development projects shall include setbacks
and buffers along riparian corridors and adjacent to habitat
for protected species, except where permitted in the Butte
Regional Habitat Conservation Plan (HCP) and Natural
Community Conservation Plan (NCCP) Planning Area and
where such development is consistent with the conditions of
the HCP/NCCP, upon the future adoption of the
HCP/NCCP.*
Consistent. There are no waterways on or
adjacent to the proposed development.
GOAL COS-9. Protect identified special-status plant and
animal species.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P9.1. A biological resources assessment shall be
required for any proposed development project where
special-status species or critical habitat may be present.
Assessments shall be carried out under the direction of Butte
County. Additional focused surveys shall be conducted
during the appropriate season if necessary. Upon adoption of
the Butte Regional Habitat Conservation Plan (HCP) and
Natural Community Conservation Plan (NCCP), assessment
requirements of the HCP/NCCP shall be implemented for
development projects within the HCP/NCCP area.*
Consistent. The project site is primarily
grassland and does not include habitat for any
identified listed or special status species with 2-
miles of the site. The environmental document
reviewed these resources and determined with
included mitigation measures, the project would
have a less than significant impact.
GOAL COS-15. Ensure that new development does not
adversely impact cultural resources.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P15.1. Areas found during construction to contain
significant historic or prehistoric archaeological artifacts
shall be examined by a qualified consulting archaeologist or
historian for appropriate protection and preservation.
Historic or prehistoric artifacts found during construction
shall be examined by a qualified consulting archaeologist or
historian to determine their significance and develop
appropriate protection and preservation measures.*
Consistent. A mitigation measure (CUL-1) has
been included that address the recovery of
cultural resources, and identification of human
remains, should any be discovered through future
grading activities on the resultant parcels.
COS-P15.2. Any archaeological or paleontological
resources on a development project site shall be either
preserved in their sites or adequately documented as a
condition of removal. When a development project has
sufficient flexibility, avoidance and preservation of the
resource shall be the primary mitigation measure.*
Consistent. Consistent. A mitigation measure
(CUL-1) has been included that address the
recovery of cultural resources, and identification
of human remains, should any be discovered
through future grading activities on the resultant
parcels.
9
Butte County Department of Development Services
October 28, 2021 Agenda Report – Rowdy Estates Subdivision TSM20-0003 Page 10 of 14
General Plan 2030 Goals and Policies Consistency Review
GOAL COS-16. Respect Native American culture and
planning concerns.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P16.4. If human remains are located during any
ground disturbing activity, work shall stop until the County
Coroner has been contacted and, if the human remains are
determined to be of Native American origin, the NAHC and
most likely descendant have been consulted.*
Consistent. A mitigation measure (CUL-1) has
been included that address the recovery of
cultural resources, and identification of human
remains, should any be discovered through future
grading activities on the resultant parcels.
HEALTH AND SAFETY ELEMENT
GOAL HS-1. Maintain an acceptable noise environment in
all areas of the county.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
HS-P1.1. New development projects proposed in areas that
exceed the land use compatibility standards in Tables HS-2
and HS-3 shall require mitigation of noise impacts.*
Consistent. The nearest noise sources to the
project site are the Chico Municipal Airport,
surrounding residential uses and State Highway
99. According to the Butte County General Plan
Appendix C, Noise Contour Map For 2030
Conditions, State Highway generates noise levels
of 60 to 70 Ldn along and adjacent to the
highway. Due to the distance from State Highway
99 to the proposed lots, approximately 3,500 to
3,800 feet, the future residential dwellings will be
well outside the 60 Ldn area. The project site is
located within the C and D Compatibility Zones of
Chico Municipal Airport. According to Exhibit 5-
4, Compatibility Factors Map: Noise, Chico
Municipal Airport, the future residential dwellings
will be approximately 1.2 miles west of the 55 dB
CNEL levels.
HS-P1.2. Noise from transportation sources shall not exceed
land use compatibility standards in Table HS-2.*
HS-P1.9. The following standard construction noise control
measures shall be required at construction sites in order to
minimize construction noise impacts: (a.) Equip all internal
combustion engine driven equipment with intake and
exhaust mufflers that are in good condition and appropriate
for the equipment. (b.) Locate stationary noise-generating
equipment as far as possible from sensitive receptors when
sensitive receptors adjoin or are near a construction project
area. (c.) Utilize quiet air compressors and other stationary
noise-generating equipment where appropriate technology
exists and is feasible.*
Consistent. Noise levels contributed by the
proposed project would include construction
noise during future development and ongoing
operation of the existing uses on site and future
uses allowed in the zone. Construction noises
associated with development of the resultant
parcel would primarily be from the use of heavy
equipment, generators, employee vehicle trips
and power tools. Construction-related noises
would be temporary and intermittent, and would
not result in long-term noise impacts.
Compliance with Butte County Code provisions
that exempt construction noise would ensure
construction activities occur during daytime
hours, making potential impacts less than
significant.
PUBLIC FACILITIES AND SERVICES ELEMENT
10
Butte County Department of Development Services
October 28, 2021 Agenda Report – Rowdy Estates Subdivision TSM20-0003 Page 11 of 14
General Plan 2030 Goals and Policies Consistency Review
GOAL PUB-12. Manage wastewater treatment facilities at
every scale to protect the public health and safety of Butte
County residents and the natural environment.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
PUB-P12.1. Applicants shall be allowed to make case-by-
case assessments of septic and other wastewater treatment
systems to determine appropriate system designs and
densities and shall be allowed to utilize new technologies
that are supported by State and County practices.
Consistent. The Initial Study, prepared pursuant
to the CEQA, evaluated the potentially adverse
impacts. The proposed development will result in
residential parcels that utilize onsite sewage
disposal systems built in accordance with
regulation found in the Butte County Local
Agency Management Program (LAMP). This
regulation was established in accordance with
the 2012 California Onsite Wastewater
Treatment System Policy and approved by the
State Regional Water Quality Control Board in
2016 for, amongst other things, providing
minimum standards for the protection of
groundwater from contaminants found in onsite
wastewater. Several construction standards exist
in the LAMP that are protective of groundwater
from Nitrate contamination. One is the minimum
vertical separation distance of 36 inches between
the bottom of a standard leachtrench and the
highest extent of seasonal groundwater. Another
is that a standard leach trench cannot be
constructed deeper than 36 inches into native
soil. The proposed development is conditioned on
designer specifications that the leach field
trenches will be shallower than this standard
found in the LAMP, at a maximum depth of 24
inches. This shallow leach trench design is
considered a further protective measure against
groundwater contamination. In addition, this
proposed development conforms to onsite
wastewater system standards prescribed in a
building moratorium imposed by the State Water
Board in 1990 for the area south of this
development known for high Nitrate groundwater
contamination.
GOAL PUB-13. Plan adequate wastewater infrastructure
to serve new development.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
PUB-P13.3. New development projects shall demonstrate
the availability of a safe, sanitary and environmentally sound
wastewater system.
PUB-P13.2. For development projects that will rely on on-
site wastewater systems, applicants shall provide detailed
Consistent. Wastewater systems for the existing
development/uses has been approved by Butte
County Environmental Health subject to a
Wastewater System Construction Permit, in
accordance with Chapter 19 of the Butte County
Code Future development/uses will also be
11
Butte County Department of Development Services
October 28, 2021 Agenda Report – Rowdy Estates Subdivision TSM20-0003 Page 12 of 14
General Plan 2030 Goals and Policies Consistency Review
plans demonstrating that the system will be adequate to
serve the project
required to be approved in accordance with
Chapter 19.
North Chico Specific Plan Consistency Review
The following are applicable Goals and Policies of the North Chico Specific Plan. The policies in
the Specific Plan are intended to provide clear guidance to the County for the decision-making
process. In general, policies that use the word “shall” are mandatory. Policies that use the word
“should” are not mandatory; these policies provide guidance to the County, but the County is not
required to follow them if they find that the policy is not appropriate for a particular situation or if
there are other factors, such as budget limitations, that would make it difficult to follow the policy
direction.
Staff’s analysis assessing the projects’ consistency or inconsistency with these policies are
provided in italics following each item.
Residential Policy 2. Preserve and enhance the existing land
use patterns and densities north of Mud Creek.
Consistent. The proposed lot sizes of 1-acre are
consistent with existing lots to the north, east and
south. Future development will be similar to
existing residential development.
Circulation Policy 2. Design local streets within residential
neighborhoods to discourage automobile and truck through-
traffic by use of cul-de-sac streets or other design
techniques.
Consistent. The project proposes to serve the
parcels by a cul-de-sac off Garner Lane.
Environmental Protection Policy 1. Minimize impacts to
archaeological, biological, riparian and other natural
resources through avoidance.
Consistent. The environmental document
reviewed these resources and determined with
included mitigation measures, the project would
have a less than significant impact.
Water Policy 2. In the area north of Mud Creek, require the
use of community water system may be required parcels.
The community water system shall be established in
accordance with the requirements of state law.
Consistent. The project was reviewed by Butte
County Environmental Health, which determined
the project’s proposed individual wells for the
eight lots was an appropriate domestic water
source.
Wastewater Disposal Policy 2. In the area north of Md
Creek, developments shall meet the requirements of
Department of Environmental Health relative to the
installation of septic systems.
Consistent. The project was reviewed by Butte
County Environmental Health, which determined
the project’s use of individual wastewater
systems (septic tank and leachfield) was
consistent with the requirements of Chapter 19
(On-site Wastewater Systems) of the Butte Count
Code.
Drainage Policy 2. Design stormwater facilities, including
detention basins, to ensure public safety, to be visually
unobtrusive and to provide, where feasible, recreational uses.
Consistent. The Initial Study, prepared pursuant
to the CEQA, evaluated the potentially adverse
impacts of drainage and flooding to the project
site area and surrounding uses. The IS/MND
analysis determined the project drainage design
12
Butte County Department of Development Services
October 28, 2021 Agenda Report – Rowdy Estates Subdivision TSM20-0003 Page 13 of 14
will be able to address the additional drainage
created by the new impervious surfaces.
Drainage Policy 3. Development within a designated
floodplain shall be required to meet County and FEMA
regulations. No development shall be permitted in the
floodway.
Consistent. The Initial Study, prepared pursuant
to the CEQA, evaluated the potentially adverse
impacts of development. The project parcels are
not identified within an identified flood zone per
FEMA maps. The project site is not in a
floodway.
GOAL HS-3. Prevent and reduce flooding. Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
HS-P3.3. All development projects shall include stormwater
control measures and site design features that prevent any
increase in the peak flow runoff to existing drainage
facilities.*
Consistent. The Initial Study, prepared pursuant
to the CEQA, evaluated the potentially adverse
impacts of drainage and flooding to the project
site area and surrounding uses. The IS/MND
analysis determined the project drainage design
will be able to address the additional drainage
created by the new impervious surfaces.
13
Butte County Department of Development Services
October 28, 2021 Agenda Report – Rowdy Estates Subdivision TSM20-0003 Page 14 of 14
BUTTE COUNTY DEPARTMENTS AND OTHER AGENCIES REVIEW
Comments/conditions received from Butte County Departments and other Agencies were
reviewed and incorporated into the project analysis and proposed project conditions.
ENVIRONMENTAL REVIEW/CEQA ISSUES
In compliance with Section 15073(a), the Initial Study/Mitigated Negative Declaration (IS/MND),
application, and reference documents for this project were placed on file for public review and
comment for a thirty day period starting September 3, 2021 through October 4, 2021 (SCH#
2021080623). Notices regarding the 30-day review period were mailed to landowners near the
project site, and a notice was placed in the Chico Enterprise Record. No comments were received
during the review period.
The initial study prepared for this project determined there may be potential environmental impacts
to the following areas:
Air Quality (dust control during site development activities);
Biological Resources (burrowing owl and migratory/nesting birds and roosting bats)
Cultural Resources (disturbance of archaeological resources);
Greenhouse Gas Emissions; and
Tribal Cultural Resources
The IS/MND, which is attached to this agenda report, recommended six mitigation measures to
reduce environmental impacts to a less than significant level. The collection of fees pursuant to
Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the
project, unless the project proponent provides verification from the California Department of Fish
and Game that the project is exempt from the fee requirement. If a required fee is not paid for a
project, the project will not be operative, vested or final and any local permits issued for the project
will be invalid (Section 711.4 (c) (3)).
PUBLIC COMMENTS
As the preparing of this report, staff did not receive any public comments.
14
Butte County Department of Development Services
Resolution – MJ Shelton Holdings LLC/Mike & Julie Jackson Subdivision TSM20-0003 Page 1 of 3
RESOLUTION PC21-
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING TENTATIVE SUBDIVSION MAP TSM20-0003 WHEREAS, the Planning Commission has considered Tentative Subdivision Map
TSM20-0003 for MJ Shelton Holdings, LLC/Mike & Julie Jackson in accordance with Chapter
20; Subdivisions, of the Butte County Code on Assessor’s Parcel Numbers 047-710-008 and 047-710-009; and WHEREAS, the Planning Commission has considered an initial study and mitigated
negative declaration in accordance with the California Environmental Quality Act; and
WHEREAS, said map was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and
WHEREAS, a duly noticed public hearing was held on October 28, 2021; and
WHEREAS, the Planning Commission has considered public comments received and a report from the Planning Division:
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission:
I. Adopts the Mitigated Negative Declaration with the following findings:
A. The Initial Study was completed in compliance with the California Environmental Quality Act. Said Study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels;
B. The Planning Commission has considered the Mitigated Negative Declaration,
together with comments received during the review process.
C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Tentative Subdivision Map for MJ Shelton Holdings, LLC/Mike & Julie Jackson,
Planning Division File No. TSM20-0003, with conditions and mitigations here
attached, would have a significant effect on the environment. The custodian of the record is the Land Development Division of the Public Works Department. The location of the record is 7 County Center Drive, Oroville CA 95965.
D. The Mitigated Negative Declaration reflects the independent judgment and analysis
of the County, which is the Lead Agency.
II. Finds that collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will
not be operative, vested or final and any local permits issued for the project will be invalid
(Section 711.4 (c)(3)).
15
Butte County Department of Development Services
Resolution – MJ Shelton Holdings LLC/Mike & Julie Jackson Subdivision TSM20-0003 Page 2 of 3
III. Approves Tentative Subdivision Map TSM20-0003 for MJ Shelton Holdings LLC,/Mike
& Julie Jackson, with conditions found in Exhibit “A” and the following findings:
A. The proposed subdivision is consistent with the Very Low Density Residential 1-acre minimum zone and with the Very Low Density Residential General Plan land use designation.
B. The proposed subdivision is consistent with the Suburban Residential 1-acre
minimum (SR-1) zoning of the North Chico Specific Plan.
C. The proposed subdivision is compatible with the density requirements of the Compatibility Zones C & D for the Chico Municipal Airport as identified in the Butte County Airport Land Use Compatibility Plan.
D. The proposed map is substantially consistent with applicable Goals and Policies of
the Butte County General Plan and the North Chico Specific Plan based on a
consistency review in the staff report.
E. The design and improvements of the proposed subdivision map are consistent with County standards and policies provided all conditions of project approval are complied with.
F. The project site is physically suitable for the residential subdivision and proposed
density.
G. The proposed project’s initial study/mitigated negative declaration analyzed potential environmental impacts of the design and improvements of the project on both plants and wildlife and determined that with included mitigations the project
would not cause substantial environmental impacts.
H. The design and improvements of the project will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision map provided the attached conditions are met.
I. The project parcels are located outside the Urban Flood Protection Overlay Zone.
J. The project site is not located within an earthquake fault zone.
K. The design and improvements of the project will not be detrimental to the public health, safety, and welfare provided the required conditions and mitigation measures are complied with.
L. The future residents of the project site would not be exposed to any significant
impacts related to agricultural practices.
M. The roads in the project area have the capacity to handle the increase in vehicular traffic generated by the project.
N. There is no substantial evidence in the whole record to support any of the findings in Government Code §66474 requiring denial of the Tentative Subdivision Map.
16
Butte County Department of Development Services
Resolution – MJ Shelton Holdings LLC/Mike & Julie Jackson Subdivision TSM20-0003 Page 3 of 3
DULY PASSED AND ADOPTED this 28th day of October, 2021, by the following vote:
AYES:
NOES: ABSENT:
______________________________
Henry Schleiger, Chair
Planning Commission County of Butte, State of California
ABSTAIN:
ATTEST:
____________________________ Michal Hanson, SecretaryPlanning Commission County of Butte, State of California
17
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 1 of 13
Exhibit A
Tentative Subdivision Map for MJ Shelton Holdings, LLC/ Mike & Julie Jackson on APN 047-710-008 & -009, File # TSM20-0003 (Rowdy Estates): An application for a Tentative Subdivision Map to divide two parcels totaling 9.56 acres into eight parcels (ranging in size from 1-acre to 1.6 acres). The parcels will have access by a proposed cul-de-sac off Garner Lane. Domestic water for each parcel would be provided by individual wells. Wastewater will be provided by
individual onsite wastewater systems (septic tank and leachfield). The project includes a
pressurized water system with a dedicated well site (Lot A) and a fire hydrant. The well and hydrant will be maintained part of a proposed County Service Area. Lot A will be dedicated to Butte County for the benefit of the CSA. The project proposes retention/infiltration basin and retention swale/leach trenches to retain stormwater runoff on site.
I. CONDITIONS OF APPROVAL:
Planning Division
1. Mitigation Measure AIR-1 The following best practice measures to reduce impacts to air quality shall be incorporated by
the project applicant, subject property owners, or third-party contractors during construction
activities on the project site. These measures are intended to reduce criteria air pollutants that may originate from the site during the course of land clearing and other construction operations. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Dust generated by the development activities
shall be kept to a minimum and retained on-site. Follow the air quality control measures listed
below:
Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater than 10,000 Pounds
• All on- and off-road equipment shall not idle for more than five minutes. Signs shall be
posted in the designated queuing areas and/or job sites to remind drivers and operators of the five-minute idling limit.
• Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is prohibited.
• All construction equipment shall be maintained in proper tune according to the manufacturer’s specifications. Equipment must be checked by a certified mechanic and determined to be running in proper condition before the start of work.
• Install diesel particulate filters or implement other CARB-verified diesel emission control
strategies.
• Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at any location when within 100 feet of a restricted
areas.
• To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce perk hour emissions.
18
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 2 of 13
Operational TAC Emissions
• All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with applicable Airborne Toxic Control Measures (ATCMs) promulgated by the CARB throughout the life of the project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm).
• Stationary sources shall comply with applicable District rules and regulations.
Fugitive Dust Construction activities can generate fugitive dust that can be a nuisance to local residents and businesses near a construction site. Dust complaints could result in a violation of the District’s “Nuisance” and “Fugitive Dust” Rules 200 and 205, respectively. The following is a list of measures that may be required throughout the duration of the construction activities:
• Reduce the amount of the disturbed area where possible.
• Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. An adequate water supply source must be identified. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed
(non-potable) water should be used whenever possible.
• All dirt stockpile areas should be sprayed daily as needed, covered, or a District approved alternative method will be used.
• Permanent dust control measures identified in the approved project revegetation and
landscape plans should be implemented as soon as possible following completion of any soil disturbing activities.
• Exposed ground areas that will be reworked at dates greater than one month after initial
grading should be sown with a fast-germinating non-invasive grass seed and watered until
vegetation is established.
• All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the Butte
County Air Quality Management District.
• All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used.
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site.
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with local regulations.
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site.
• Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads. Water sweepers with reclaimed water should be used where feasible.
• Post a sign in prominent location visible to the public with the telephone numbers of the contractor and the Butte County Air Quality Management District - (530) 332-9400 for any questions or concerns about dust from the project.”
19
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 3 of 13
All fugitive dust mitigation measures required should be shown on grading and building plans.
In addition, the contractor or builder should designate a person or persons to monitor the dust
control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend period when work may not be in progress. The name and telephone number of such persons shall be provided to the District prior to land use clearance for map recordation and finished grading of the area.
Please note that violations of District Regulations are enforceable under the provisions of
California Health and Safety Code Section 42400, which provides for civil or criminal penalties of up to $25,000 per violation.
Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the final map or on an additional map sheet. This note shall also be placed
on all building and site development plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded
concurrently with the map or on an additional map sheet. Building inspectors shall spot check
and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints.
2. Mitigation Measure BIO-1 Prior to any land disturbance or construction, a qualified biologist shall complete four surveys
for burrowing owl prior to the start of construction. The biologist should conduct 4 survey
visits: 1) at least one site visit between 15 February and 15 April, and 2) a minimum of three survey visits, at least three weeks apart, between 15 April and 15 July, with at least one visit after 15 June. Surveys should be conducted on the project site and within 150 meters of areas that will be directly or indirectly impacted by the project, where feasible. Surveys should not
be conducted during inclement weather, when burrowing owls are typically less active and
visible. A report summarizing the survey including the qualifications of the biologist who performed the survey, methods, and results should be provided to CDFW prior to the start of construction. If burrowing owls or evidence of burrowing owls (e.g., whitewash or pellets) are not observed during surveys, no additional mitigation is necessary. If the birds are present, then
there is potential for impacts to occur and CDFW is available to assist with the development
of potential measures to offset impacts.
Plan Requirements: Perform surveys for burrowing owls. The note shall be placed on all building and site development plans.
Timing: Requirements of the condition shall be adhered to prior to any land disturbance or
construction activities.
Monitoring: The Butte County Department of Development Services shall ensure the condition is met prior to any land disturbance or construction activities
3. Mitigation Measure BIO-2 If project construction activities, including ground disturbance or vegetation removal occur
during the nesting season for birds protected under the Migratory Bird Treaty Act (MBTA)
and California Department Fish & Game Code (CDFC) (approximately February 1 – August
20
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 4 of 13
31), the project proponent shall retain a qualified biologist to perform preconstruction surveys
for nesting bird species. Surveys to identify active bird nests shall be conducted within and 250
feet around the footprint of proposed construction site. The survey shall be conducted within 7 days prior to the initiation of construction activities. In the event that an active nest is observed, a species protection buffer shall be established. The species protection buffer will be defined by the qualified biologist based on the species, nest type and tolerance to disturbance.
Construction activity shall be prohibited within the buffer zones until the young have fledged
or the nest fails. Nests shall be monitored by a qualified biologist once per week and a report submitted to the Butte County Department of Development Services.
Plan Requirements: Perform protocol-level surveys for migratory birds protected by the California Department Fish & Game Code and the Migratory Bird Treaty Act. This measure
shall be recorded on an additional map sheet to the Final Map.
Timing: Requirements of the condition shall be adhered to prior to and during construction activities planned to occur during nesting seasons for CDFC and MBTA species (between February 1 and August 31).
Monitoring: The Butte County Department of Development Services and the Public Works
Department shall ensure that the note is recorded an additional map sheet of the Map.
Department of Development Services shall ensure the condition is met at the time of construction activities.
4. Mitigation Measure BIO-2 If the existing structure within the project is slated for removal and/or demolition, then CDFW
recommends a survey for roosting bats be conducted within 10 days prior to the proposed
demolition. Surveys for day roosting bats should be conducted by a qualified bat biologist. The survey should include a minimum of one daytime survey to evaluate potential roost sites within the structures and one emergence survey to determine the absence or presence of bats. The bat maternity season is roughly defined as April 1 through August 31. Exclusion of day roosting
bats should not be performed during the bat maternity season. If day and/or maternity roosts
are observed CDFW is available to provide comments and feedback on roosting bat avoidance and minimization strategies. CDFW may recommend minimization measures such as the creation of alternative roost sites if the loss of maternity and/or day roosting habitat is unavoidable.
Plan Requirements: Survey shall be conducted 10 days prior to removal and/or demolition.
This measure shall be recorded on an additional map sheet to the Parcel Map.
Timing: Requirements of the condition shall be adhered to removal and/or demolition.
Monitoring: The Butte County Department of Development Services shall ensure the condition is met at the time of construction activities.
5. Mitigation Measure CUL-1
Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “If grading activities reveal the presence of prehistoric or historic cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.; structural remains; human skeletal remains) work
within 50 feet of the find shall immediately cease until a qualified professional archaeologist
can be consulted to evaluate the find and implement appropriate mitigation procedures. If
21
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 5 of 13
human skeletal remains are encountered, State law requires immediate notification of the
County Coroner (530.538.7404). If the County Coroner determines that the remains are in an
archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State Law, to arrange for Native American participation in determining the disposition of such remains.” The provisions of this mitigation shall be followed during construction of all subdivision improvements, including land clearing, road
construction, utility installation, and building site development.
Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the final map or on an additional map sheet and shall be shown on all site development and building plans.
Timing: This measure shall be implemented during all site preparation and construction
activities.
Monitoring: The Department of Development Services and/or Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division
shall coordinate with the developer and appropriate authorities to avoid damage to cultural
resources and determine appropriate action. State law requires the reporting of any human remains.
6. Mitigation Measure GHG-1 Place a note on a separate document which is to be recorded concurrently with the map or on
an additional map sheet that states: “To the extent feasible, the project proponent shall
implement the following measures during construction-related activities and at the time of development to offset the anticipated contribution of greenhouse gas emissions:
• Support expansion of renewable energy systems. Prewire all new residential development
to support photovoltaic system installation.
• Support efficiency in vehicles and landscaping equipment. Install electrical vehicle outlets on external walls or in garages in all new residential development.
• Improve fuel efficiency of equipment during construction-related activities. Minimize
idling time either by shutting equipment off when not in use or reducing the time of idling to no more than 3 minutes.
• Use clean or alternative fuel equipment”
Plan Requirements: The measure shall be placed on an additional map sheet which is to be
recorded with the Final Map. This note shall also be placed on all building and site
development plans.
Timing: Shall be implemented prior to issuance of building permits for residential development. Construction-related measures shall be adhered to throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works
Department shall ensure that the measure is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Planning Division will
22
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 6 of 13
ensure that future residential development includes the applicable measures during Building
Permit review. Building inspectors shall spot check and shall ensure compliance on-site.
7. Mitigation Measure TCR-1 Place a note on the final map and all building and site development plans for new construction as follows:
“Prior to commencement of ground disturbing activities on the project site the applicant
shall notify the Mechoopda Indian Tribe of Chico Rancheria. The Mechoopda Indian Tribe
of Chico Rancheria shall be given the option to have a tribal monitor present during all ground disturbing activities associated with the development of the project.”
Plan Requirements: This measure shall in incorporated in the conditions of approval for the project and the note shall be placed on all building and site development plans for new
construction.
Timing: This measure shall be implemented during all site development activities.
Monitoring: The Department of Development Services shall work with the applicant/developer and the Mechoopda Indian Tribe of Chico Rancheria to ensure a tribal monitor is given the opportunity to be on site during all ground-disturbing activities.
8. Prior to or concurrently with the recordation of the Final Map, record a Declaration
Acknowledging Right To Farm (Agricultural Statement of Acknowledgement).
9. Place a note on a separate document which is to be recorded concurrently with the final map or on an additional map sheet that states: “A Declaration Acknowledging Right to Farm (Agricultural Statement of Acknowledgement) has been recorded on the parcels.”
Public Works
10. Prior to recordation of the final map, provide a fully executed road maintenance agreement for all non-publicly maintained access roads on the county approved form. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional
map sheet of the final map stating: “In accordance with Civil Code Section 845, maintenance
of the road shown hereon shall be shared by those properties with a legal interest in it.” Prior to recordation of final map, the developer must establish a Home Owner Association (HOA), a County Service Area (CSA) zone of benefit, a Permanent Road Division (PRD), or other entity approved by Public Works Director for maintenance of roads.
11. Prior to recordation of the final map, deed to Butte County in fee simple 30 feet of right-of-
way (ROW) from the physical centerline of Garner Lane along the entire property frontage. Additional ROW dedication may be required to accommodate street improvements at the intersection of future Kittyhawk Dr. and Garner Ln.
12. Prior to recordation of the final map. Relinquish abutter’s rights of access to Butte County
along the Garner Lane frontage of Lot 1 and Lot 8.
13. Prior to recordation of the final map, provide street name signs per requirements of the Department of Public Works. Street names shall be reviewed by the county address coordinator and one name for each new street shall be recommended to the Board of Supervisors for approval prior to recordation of the final map. A minimum of five alternate names for each
new street shall be submitted.
23
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 7 of 13
14. Prior to final road inspection, install all necessary traffic safety signs including stop signs. For
all non-publicly maintained access roads, a note shall be placed on a separate document which
is to be recorded concurrently with the map or on an additional map sheet of the final map stating: “No public entity shall be responsible for maintenance of the traffic safety signs including stop signs. In accordance with Civil Code 845, maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them.”
15. Prior to recordation of the final map, submit road and drainage improvement plans to the Land
Development Division for the installation of a standard S-18B road approach in accordance with county improvement standards. Obtain an encroachment permit and construct the road approach prior to recordation of the final map. Adequate site distance at the intersection of access road and Garner Lane shall be provided. Right-of-way required for construction of road
approach and roadside drainage shall be provided.
16. Provide a cul-de-sac or building free turn around area designed and constructed as specified in the county improvement standards. The final map shall show the cul-de-sac or building free turn around area.
17. Prior to recordation of the final map, construct or provide a performance, labor and material
bond for construction of street frontage improvements on Garner Lane. Frontage
improvements on Garner Lane shall be completed in accordance with either option 1 or option 2 as follows:
Option 1:
Construct a ½ + 12 foot street section along the entire property frontage in conformance
with county improvement standard NCSP-3 (North Chicio Specific Plan Type A-IV), 5”
Type A Hot Mix Asphalt, 14” Class 2 aggregate base, prime coat, fog seal and 95% relative compaction.
Option 2:
Apply a 5” Type A Hot Mix Asphalt overlay on segments/areas of Garner Lane that were
improved by Autumn Park subdivision Phase I (file # E-2460) and reconstruct the rest of
the area with 5” Type A Hot Mix over 14” aggregate base as follows:
For frontage segment that was improved by Autumn Park subdivision per E-2460:
Apply a 5” Type A Hot Mix Asphalt overlay, 18 feet wide on Garner Lane southbound along the entire property frontage from the northerly edge of the property until the northerly
edge of Rancho Road.
Apply a 5” Type A Hot Mix Asphalt overlay, 12 feet wide on Garner Lane northbound along the property frontage from the northerly edge of Rancho Road to the northerly edge of the property
Widen Garner Lane northbound to 18 feet wide with 5” Type A Hot Mix Asphalt over 14”
Class 2 aggregate based cross section from the northerly edge of Ranch Road to the
northerly edge of the property.
For frontage segment that was not improved by the Autumn Park Subdivision:
Reconstruct Garner Lane from the northerly side of Rancho Road to the southerly edge of the property with a 5” Type A Hot Mix Asphalt over 14” aggregate base, ½ + 18 feet wide.
24
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 8 of 13
All asphalt surface shall have a prime coat and fog seal. 95% relative compaction is required
for all new street cross sections. Garner Lane improvements shall accommodate adequate turn
lanes and bicycle lanes required. Overlay transition tapers shall be 200:1 or flatter per Caltrans HDM section 671.3. Transition tapers will extend beyond the property boundaries.
Submit for approval a roadway design and improvement plans to the Land Development Division for approval prior to construction. Submit a Notice of Materials to be used, materials
testes results, and mix design in compliance with 2018 Caltrans Standard Specifications,
Section 39, to the Department of Public Works for approval at least 14 days prior to the start of paving operations. Testing and hot mix asphalt materials shall be performed by a qualified laboratory and test results shall be signed and stamped by a licensed Civil engineer. Conduct material testing during construction and submit the results to the Department of Public Works
to ensure compliance with Standard Specifications, approved materials, and approved mixed
design.
18. Prior to recordation of the final map, construct or provide a performance, labor and material bond for construction of interior street in conformance with county improvement standards NCSP-10, 3” Type A Hot Mix Asphalt, 12” Class 2 aggregate base, prime coat, fog seal and
95% relative compaction. Submit for approval a roadway design and improvement plans to
the Land Development Division for approval prior to construction. Submit a Notice of Materials to be used, materials testes results, and mix design in compliance with 2018 Caltrans Standard Specifications, Section 39, to the Department of Public Works for approval at least 14 days prior to the start of paving operations. Testing and hot mix asphalt materials shall be
performed by a qualified laboratory and test results shall be signed and stamped by a licensed
Civil engineer. Conduct material testing during construction and submit the results to the Department of Public Works to ensure compliance with Standard Specifications, approved materials, and approved mixed design.
19. Street lighting shall be provided in accordance with Butte County requirements, accepted
design criteria, and recommendations of Pacific Gas & Electric Company. The annual energy
costs shall be funded through a county service area (CSA), zone of benefit within a permanent road division (PRD), or other entity as approved by the public works director. The developer must complete the formation of the CSA, zone of benefit within a PRD, or other approved entity prior to recordation of the final map. The formation process will require the developer
to fund the service until the beginning of the first fiscal year in which service charges can be
collected and to agree to an annual maximum service charge to ensure continued operation of the facilities.
20. Prior to recordation of the final map, deed to Butte County in fee simple roadway right-of-way for future construction of Kittyhawk Drive that is consistent with NCSP-3 (Type A-iV) street
section with appropriate intersection turn lanes with alignment consistent as shown on the
Tentative Subdivision Map (TSM) dated January 2021. The appropriate intersection turn lanes are a right turn lane from Garner Lane northbound on Kittyhawk Drive eastbound, a right turn lane from Kittyhawk Drive westbound onto Garner Lane northbound, Class II bike lanes on Garner Lane, and Class I bike path along Kittyhawk Drive per NCSP unless determined
otherwise by an engineered traffic study.
21. Prior to the recordation of the Final Map an engineered plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage
25
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 9 of 13
plans shall specify how stormwater runoff will be attenuated on site by detention facilities
and/or conveyed to the nearest natural or publicly maintained drainage channel or facility and
shall provide developed-condition peak flow discharge not greater than 90% of the pre-development condition for all storm events, and no increase in stormwater volume over the design storm duration to said channel or facility. The North Chico Specific Plan (NCSP) CEQA document requires attenuation of 100-year peak flow discharge to mitigate increased runoff
from development. Detention facilities must either discharge to receiving channel with no
backwater from the channel, or attenuate full stormwater volume onsite. Backwater condition is present when detention facility, with gravity flow, has an outlet evaluation at or below the approved 100-year water surface elevation of the receiving channel. If used, stormwater pumps shall have redundant pump systems, back-up power, and discharge trenches are designed to
retain stormwater runoff from a 100-year storm event, the soil saturated hydraulic conductivity
(Ksat) shall be used as the soil percolation rate. Illustrate how and where emergency runoff is conveyed through the site and where it would discharge should on-site facilities be unable to convey stormwater runoff. Prior to final improvement inspection, the design dimensions and volume of detention facilities shall be confirmed using topographic land survey by the engineer
of record.
22. Prior to the recordation of the Final Map, until a FEMA flood zone is established with based flood elevations, the lowest floor elevations for any structures shall be two (2) feet above the highest adjacent grade unless a Department approved hydraulic model recommends differently. Show on an additional map sheet the minimum floor elevations with the grading
plans.
23. Prior to recordation of final map, the developer must complete the formation of a county service area (CSA) zone of benefit, a Home Owner Association (HOA), a permanent road division (PRD), or other Department of Public Works approved entity for the maintenance and operation of drainage facilities. The formation process will require the developer to fund the
service until the beginning of the first fiscal year in which service charges can be collected and
agree to an annual maximum service charge with annual inflation increase to ensure continued operation of the facilities. Public drainage facilities can not be under a HOA.
24. 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.
25. Construction Phase: Prior to issuing a grading or a building permit, or prior to approval of improvement plans, submit an erosion and sediment control plan (ESCP) to Public Works department for approval. ESCP shall contain site-specific construction site Best Management
Practices (BMPs). BMPs included in the ESCP must be in accordance with Section 50-19 of
County Code, and/or consistent with the California Stormwater Quality Association BMPs. Revisions to an approved ESCP must be resubmitted for Department of Public Works approval prior to commencing with site work. A Storm Water Pollution Prevention Plan (SWPPP) developed pursuant to the construction stormwater general permit (CGP) may be submitted in
lieu of the ESCP. Add a note on a map sheet that states: “Development activities resulting in
soil disturbance shall submit an erosion and sediment control plan (ESCP) to the Department of Public Works for approval. ESCP shall contain appropriate site-specific construction site BMPs.”
26
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 10 of 13
26. Construction Phase: Coverage under the stormwater Construction General Permit (CGP) will
be required by the State Water Resources Control Board if development activities result in
ground disturbance, including clearing, excavation, filling, and grading of one or more acres or disturb less than one acre but are part of a larger common plan or development. Coverage under this General Permit must be obtained from the State Water Resources Control Board prior to starting construction. If coverage under the CGP is required, engineering plans shall
show the Waste Discharge Identification (WDID) number on the title sheet of the plans and a
copy of Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Land Development Division of the Public Works Department. Submit with improvement or grading plans the estimated areas to be disturbed to the Department of Public Works for consistency with the SWPPP. Additionally, place a note on a map sheet that states: “The development of
this parcel (or subdivision) map required coverage under the Stormwater Construction General
Permit. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require coverage under this permit. Development of individual lots may require an additional permit coverage.”
27. Post Construction: Implement post-construction Best Management Practices (BMPs)
consistent with State Water Resources Control Board Order 2013-0001-DWQ to control the
volume, rate, and potential pollutant load of stormwater runoff, including, but not limited to, requirements to minimize the generation, transport and discharge of pollutants. Develop and submit a Post Construction Stormwater Management Plan (PCSMP) that identifies BMP stormwater treatment system(s) designed to reduce or eliminate stormwater pollutant
discharges through the construction, operation and maintenance of source control measures,
low impact development design, site design measures, stormwater treatment system(s) and/or hydromodification measures. Design and sizing requirements shall comply with the Post-Construction Stormwater Management Program (section E.12) requirements of State Water Resources Control Board Order 2013-0001-DWQ. Hydromodification measures are required
for Regulated Projects that create and/or replace one acre or more of impervious surface. The
Department of Public Works approval of the PCSMP is precedent to improvement plan approval. Regulated projects are defined in State Water Resources Control Board Order 2013-0001-DWQ and are generally considered as new and redevelopment projects on public or private land that fall under the planning and permitting authority of the and are within the MS4
area that create or replace greater than or equal to 5,000 square feet of impervious area,
excluding: a) detached single family residences that are not part of a common plan of development; b) interior remodels; c) routine maintenance or repair; or d) a Linear Underground/Overhead Utility Projects unless the project has a discrete location of that has 5,000 square feet or more of newly constructed contiguous impervious area.
28. Post Construction: Prior to improvement plan approval, Regulated Projects shall submit a
Stormwater Facilities Operations and Maintenance (O&M) Plan that identifies the operations, maintenance, and inspection requirements of all stormwater Best Management Practices (BMPs) treatment system(s) and hydromodification measures identified in the approved PCSMP. All public and private stormwater treatment system(s) and hydromodification
measures shall be protected, inspected, and maintained to ensure continuous and fully effective
performance as designed. A maintenance and inspection schedule for both dry and wet season BMPs shall be in writing, and a record shall be kept that includes the dates of inspection or maintenance, whether BMPs were inspected or maintained, a description of any maintenance activity, and the name of the inspector or maintenance foreman. Place a note on a map sheet to
27
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 11 of 13
state: “The owners or operators of facilities required to implement post-construction BMPs
shall enter into a written maintenance agreement with the County or other formal maintenance
entity such as a County Service Area, Home Owners Association for maintenance of such features. Regulated Projects shall grant site access to Butte County or other formal maintenance entity for the sole purpose of implementing and performing measures in the O&M plan for the installed stormwater treatment system(s) and hydromodification measures.”
29. Post Construction: Stormwater Trash Treatment Control Devices BMPs: Prior to final
improvement inspection, Install stormwater trash treatment control devices (Devices). Devices installed shall meet Full Capture System requirements and shall be designed in accordance with the following criteria:
i. Appropriately sized to treat not less than the peak flowrate resulting from a 1-year, 1-hour
storm event (design storm) or at least the same peak flows from the corresponding storm
drain;
ii. Do not bypass trash below the design storm under maximum operational loading conditions; and
iii. Trap all particles that are 5 mm or greater up to the design flow or at least the same peak
flows from the corresponding storm drain; and do not have a diversion structure present
upstream such that a portion of the peak flow is not treated to trap all particles 5 mm or greater.
Location(s) and specifications of Devices selected shall be shown on improvement plans. Devices shall be certified by the State Water Resources Control Board prior to installation.
Prior to installation of any certified Devices, the local mosquito vector control district should
be contacted to ensure the installation conforms to the District’s visual inspection, treatment, and vector breeding minimizing guidelines.
Devices shall be protected, inspected, and maintained to ensure continuous and fully effective performance as designed. Place a note on a map sheet to state: “The owners or operators of
facilities required to install trash treatment control devices shall enter into a written
maintenance agreement with the County or other formal maintenance entity such as a County Service Area, Home Owners Association for maintenance of such devices.” When leach trenches are used to retain 100% of the stormwater runoff on-site, trash treatment control devices are not required.
30. Show all easements of record on the final map.
31. Prior to recordation of the final map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492.
32. Pay the recording fees in effect at the time the final map and related documents are recorded.
33. Prior to recordation of the final map, pay North Chico Specific Plan Area development impact
fees per Article XVII, Chapter 3 of Butte County Code.
34. Prior to recordation of the final map, a preliminary soils report prepared by a registered design professional and based upon adequate testing shall be submitted to the Department of Public Works Land Development Division and Department of Development Services Building
Division for review and approval.
28
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 12 of 13
Butte County Fire/California Department of Forestry
35. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the current adopted California Fire Code and current Butte County Improvement Standards, whichever is stricter.
36. Prior to construction, a pressurized community water system for fire protection is required.
Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant
spacing is 500 feet (reduce by 100 feet on dead-end streets and roads), hydrant size 6 inches, and residual fire flow of 1,000 GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to
construction.
37. Use of a private water system for fire protection purposes will require one of the following acceptable entities to maintain the system:
• Formation of a Mutual Water Company;
• Formation of a new County Service Area;
• Annexation into an existing County Service Area with the same level of service; or
• Establishment of an other entity as approved by the Butte County Fire Department.
38. Prior to building construction, provide an all-weather access of at least 10 feet wide for
residential, and vertical clearance of 15 feet that will for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of any point on all structures.
39. Place a note on a separate document, which is to be recorded concurrently with the Final Map, or on an additional map sheet stating: “Building identification and/or addresses shall be
installed in conformance with Public Resources Code 4290 and shall be posted at the time of
permit issuance and maintained continuously thereafter.
40. Pressurized community water system must be installed and operational prior to combustible building material arriving on site.
Environmental Health Division
41. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Maintain appropriate setbacks to wells and leachfields from leach trenches (100 feet to wells and 10 feet to leach field) as well as appropriate setbacks to swales (50 feet to septic field and tank) and up to 50 feet away from leachfield and 100 feet
away from well to retention/detention pond.”
Processing Fees
42. Prior to recordation of the Final Map, pay any outstanding project-related processing fees.
29
Butte County Department of Development Services
Conditions of Approval – Rowdy Estates Subdivision TSM20-0001 Page 13 of 13
II. NOTATION
A. Minor changes may be approved administratively by the Directors of Development
Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved.
Changes deemed to be major or significant in nature shall require a formal application for
amendment.
30
¬«99
¬«32
μ 0 0.4 0.8 1.2 1.60.2
Miles
MJ Shelton Holdings LLC/
Mike & Julie Jackson
TSM20-0003
APN 047-710-008 & -009
Vicinity Map
City of
Chico
Project Site
Wilson Landing Road
Anita Road
Keefer Road
31
Applicant: MJ Shelton Holdings Inc/Mike and Julie Jackson
Request: Tentative Subdivision Map (8 lots - 1+ acre each)APN: 047-710-008 & -009
Butte County Zoning
Supervisor District #2
File#: TSM20-0003
Zoning: VLDR (Very Low Density
Residential)/NCSP: SR-1 (Suburban Residential 1-
acre minimum)/AOC & AOD (Airport Land Use
Compatibility Zones C & D)
:0 400 800 1,200 1,600200
Feet
TSM20-0003
GarnerLaneKittyhawk Drive
Legend
Zoning 2030
Special Purpose Zones
VLDR
RC
G-C
GI
P
Kittyhawk Drive
32
Department of Development Services Paula M. Daneluk, AICP, Director
Pete Calarco, Assistant Director
7 County Center Drive T: 530.552.3700
Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds
BUTTE COUNTY
NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION
Tentative Subdivision Map TSM20-0003
NOTICE IS HEREBY GIVEN that Butte County has prepared an Initial Study, in accordance with
the California Environmental Quality Act (CEQA), and is considering the adoption of a Mitigated
Negative Declaration for the project described below. The Mitigated Negative Declaration establishes
that although the proposed project could have a significant effect on the environment, there will not
be a significant effect because required mitigation measures will address potential project effects. The
County has prepared this Notice of Intent to Adopt a Mitigated Negative Declaration to provide an
opportunity for input from public agencies, organizations, and interested parties on the environmental
analysis addressing the potential effects of the proposed project. The IS/MND is also available for
review on the County website at http://www.buttecounty.net/dds/Planning/CEQA.aspx.
Project Information
Project: Rowdy Estates Tentative Subdivision Map (TSM20-0003 Shelton-Jackson)
Location: The project site is located on the east side of Garner Lane, at the intersection of Kittyhawk
Drive, north and west of Chico. Assessor Parcel Numbers: 047-710-008 & 047-710-009.
Project Description: The applicant is requesting a Tentative Subdivision Map to divide two parcels
totaling 9.56 acres into eight parcels (ranging in size from 1-acre to 1.6 acres). The parcels will have
access by a proposed cul-de-sac off Garner Lane. Domestic water for each parcel would be provided
by a well. Wastewater will be provided by onsite individual waste water systems (septic tank and
leachfield). The project includes a pressurized water system for fire protection with a dedicated well
site (Lot A) and a fire hydrant. The well and hydrant will be maintained as part of a newly formed
County Service Area. The project proposes a stormwater retention/infiltration basin and drainage
retention swale/leach trenches to retain stormwater runoff on site. The California Environmental
Quality Act (CEQA) requires this notice to disclose whether any listed toxic sites are present on the
project site. The project site does not contain a listed toxic site.
The IS/MND for this project are on file for public review at
https://www.buttecounty.net/dds/Planning/CEQA. Public review and comment period is from
September 3, 2021 through October 4, 2021. All comments on the IS/MND must be submitted in
writing to the address or email provided below and received no later than 5:00 p.m., Monday,
October 4, 2021. Written comments may be mailed or emailed to project planner: Senior Planner
Mark Michelena, Butte County Development Services Department, Planning Division at (530) 552-
3683 or mmichelena@buttecounty.net.
BUTTE COUNTY ZONING ADMINISTRATOR
PAULA M. DANELUK, AICP, DIRECTOR OF DEVELOPMENT SERVICES
33
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 1
Butte County August 2021
INITIAL STUDY AND ENVIRONMENTAL REVIEW CHECKLIST
California Environmental Quality Act (CEQA)
PROJECT INFORMATION
1. Project Title: MJ Shelton Holdings LLC/Mike & Julie Jackson (TSM20-0003 Rowdy
Estates Subdivision)
2. Lead Agency Name and Address: Butte County – Department of Development Services
Planning Division
7 County Center Drive
Oroville, CA 95965
3. Contact Person and Phone Number: Mark Michelena, Senior Planner
530.552.3683
mmichelena@buttecounty.net
4. Project Location: The project site encompasses two parcel totaling 9.56 acres, located
on the east side of Garner Lane, at the intersection of Kittyhawk Drive,
north and west of Chico. Township 23N, Section 32, Range 01E;
MDB&M. Latitude 39°48’5.535”N, Longitude 121°53’23.791”W. APNs
047-710-008 & 047-710-009.
5. Project Sponsor’s Name and Address: MJ Shelton Holdings, LLC
13 Jordans Place
Chico, CA 95973
Mike and Julie Jackson
13728 Garner Lane
Chico, CA 95973
6. General Plan Designation: Very Low Density Residential (VLDR)
7. Zoning:
8. North Chico Specific Plan:
VLDR/AO-C & D (Very Low Density Residential – 1-acre
minimum/Airport Overlay – C & D Compatibility Zones)
SR-1 (Suburban Residential – 1-acre minimum)
9. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project,
and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if
necessary.)
The project is a Tentative Subdivision Map to divide two parcels totaling 9.56 acres into eight parcels (ranging in size
from 1-acre to 1.6 acres). The parcels will have access by a proposed cul-de-sac off Garner Lane. Domestic water for
each parcel would be provided by a well. Wastewater will be provided by onsite individual waste water systems
(septic tank and leachfield). The project includes a pressurized water system that with a dedicated well site (Lot
A) and a fire hydrant. The well and hydrant will be maintained part of a newly formed County Service Area. Lot A
will dedicated to Butte County for the benefit of the CSA. The project proposes stormwater retention/infiltration
34
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 2
Butte County August 2021
basin and drainage retention swale/leach trenches to retain stormwater runoff on site. Based on the preliminary
proposed plan, stormater runoff will be designed to be retained onsite in underground stormwater facilities, and
discharge events under the 100-year recurrence interval are not planned to be discharged to any existing or
planned public stormwater facilities or channels. The retention of stormwater on-site effectively reduces transport
of surface stormwater pollution in the developed condition. During construction, stormwater erosion and
sediment pollution prevention measures will be required and permitted by State Water Board to reduce potential
for stormwater pollution. The project includes a right-of-way dedication for the future extension of Kittyhawk
Drive along the northern portion of the project site.
10. Surrounding Land Uses and Setting: (Briefly describe the project’s surroundings)
Surrounding uses include primarily residential and undeveloped lots ranging in size from 0.47 to 60 acres. There
is residential development to the west, north and south. The Chico Municipal Airport is located approximately 1.3
miles to the east.
Direction General Plan
Designation Zoning NCSP
Overlay
Airport
Overlay Existing Land Use(s)
North Very Low Density
Residential
(VLDR)
VLDR SR-1/P C Compatibility
Zone
Residential/Undeveloped
South VLDR VLDR SR-1 C & D Residential
East VLDR VLDR SR-1/OS C Residential/Undeveloped
West VLDR VLDR SR-1 C & D Residential
The project parcel is developed with a residential dwelling. The remainder of the site is primarily grassland. Some
of the site has been disturbed, including for access drives. The topography of the project site area and project
parcel is generally flat at an elevation of approximately 190 feet above sea level. There are no waterways located
on the project parcel. The nearest waterways are Keefer Slough, which is located approximately 1,100 feet north
and Mud Creek, which is located approximately 1,950 feet southeast, of the project site.
The project parcel is located north and west of the City of Chico. State Highway 99 is located approximately 0.6
miles to the west and southwest.
Zoning
The project site is zoned Very Low Density Residential (VLDR). The purpose of the VLDR zone is to allow for
single-family homes and related uses in residential neighborhoods within the county. Standards for the VLDR
zone are intended to preserve and protect the character of existing neighborhoods and to ensure that new
residential neighborhoods provide an appropriate transition from rural to more developed areas. Permitted
residential uses in the VLDR zones include single-family homes, small residential care homes, second units and
accessory dwelling units, animal grazing, on-site agricultural product sales, and private stables. The VLDR zone
also conditionally permits non-residential uses compatible with a residential setting, including public and quasi-
public uses, golf courses, park and recreational facilities, personal services, animal-keeping, large residential care
homes, and medical offices and clinics. The minimum permitted parcel size in the VLDR zone is 1 acre. The VLDR
zone implements the Very Low Density Residential land use designation in the General Plan.
The minimum parcel size for the subject parcel is one (1) acre.
35
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 3
Butte County August 2021
North Chico Specific Plan Overlay
The project site is zoned Suburban Residential 1-acre minimum (SR-1). The NCSP accommodates a broad
spectrum of housing types and densities through five residential zones/land uses. The majority of residential
acreage will be single-family detached homes on one acre lots located northwest of Mud Creek.
Airport Overlay Zone
The project site is located within the C & D Compatibility Zone for the Chico Municipal Airport. The C & D
Compatibility Zone contains areas commonly overflown by aircraft as they enter or depart the traffic pattern. The
C Compatibility Zone with parcel zoned VLDR, west of the airport, allow a consistent parcel size of 1 acre. The D
Compatibility Zone has no residential density restrictions or lot size requirements.
11. Other public agencies whose approval is required: (e.g., permits, financing approval, or participation agreement)
Butte County Department Development Services: Building Permits (Future Construction)
Butte County Public Health Environmental Health Division (Wastewater and Water)
Butte County Public Works Department: Road and Grading Improvement Plans
Caltrans: Traffic
12. Have California Native American tribes traditionally and culturally affiliated with the project area requested
consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that
includes, for example, the determination of significance of impacts to tribal cultural resources, procedures
regarding confidentiality, etc.?
See Discussion 1.18
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact
that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Where checked below,
the topic with a potentially significant impact will be addressed in an environmental impact report.
Aesthetics Agriculture and Forest Resources Air Quality
Biological Resources Cultural Resources Energy
Geology / Soils Greenhouse Gas Emissions Hazards / Hazardous Materials
Hydrology / Water Quality Land Use / Planning Mineral Resources
Noise Population / Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities / Service Systems Wildfire Mandatory Findings of
Significance
None None with Mitigation
Incorporated
36
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 4
Butte County August 2021
DETERMINATION (To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project could not have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
I find that although the proposed project COULD have a significant effect on the environment, there WILL NOT be
a significant effect in this case because revisions in the project have been made by or agreed to by the project
proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless
mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on
the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it
must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION
pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or
NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed
project, nothing further is required.
Prepared by: Mark Michelena, Senior Planner Date
Reviewed by: Dan Breedon, Planning Manager Date
8/27/2021
8/27/2021
37
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 5
Butte County August 2021
Figure 1 - Project Vicinity Map
38
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 6
Butte County August 2021
Figure 2 - Aerial
39
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 7
Butte County August 2021
Figure 3 – Proposed Tentative Subdivision Map
40
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 8
Butte County August 2021
EVALUATION OF ENVIRONMENTAL IMPACTS
1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by
the information sources a lead agency cites in the parentheses following each question. A “No Impact”
answer is adequately supported if the referenced information sources show that the impact simply does not
apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact”
answer should be explained where it is based on project-specific factors as well as general standards (e.g., the
project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as
well as project-level, indirect as well as direct, and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers
must indicate whether the impact is potentially significant, less than significant with mitigation, or less than
significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be
significant. If there are one or more “Potentially Significant Impact” entries when the determination is made,
an EIR is required.
4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of
mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant
Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the
effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below,
may be cross-referenced).
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect
has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a
brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of
and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether
such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,”
describe the mitigation measures which were incorporated or refined from the earlier document and the
extent to which they address site-specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for
potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside
document should, where appropriate, include a reference to the page or pages where the statement is
substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies
should normally address the questions from this checklist that are relevant to a project’s environmental
effects in whatever format is selected.
9. The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and
b) the mitigation measure identified, if any, to reduce the impact to less than significance.
41
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 9
Butte County August 2021
1.1 AESTHETICS
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
I. Aesthetics.
Except as provided in Public Resources Code section 21099 (where aesthetic impacts shall not be considered
significant for qualifying residential, mixed-use residential, and employment centers), would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but
not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of
the site and its surroundings? (Public views are those
that are experienced from publicly accessible vantage
points.) If the project is in an urbanized area, would
the project conflict with applicable zoning and other
regulations governing scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?
Setting
The project site area is characterized as residential lands situated in the valley region of Butte County, north and west
of Chico, east of State Highway 99. Surrounding uses include residential on lots ranging from 0.47 to 5 acres.
The topography of the project site is generally level, with elevation of approximately 190 feet above sea level. Natural
vegetation in the area consists of annual grasslands. The most prominent human-made features are the residences,
accessory structures, roads, utility lines.
The Butte County General Plan depicts identified scenic resources in Butte County, including land-based and water-
based scenic resources (Figure COS-7), County scenic highways (Figure COS-8), and Scenic Highway Zones (Figure
COS-9). Based on the information provided in the General Plan, the project site is not located within, or in the vicinity
of, identified scenic resources.
Discussion
a) Have a substantial adverse effect on a scenic vista?
Less than significant impact. Future development of the proposed parcels includes single-family residential
units, which would be consistent with the established visual character and planned future use of the
surrounding area. Due to the low-density of the project, placement of additional residences will not significantly
interfere with the views of scenic vistas from adjacent residences and public right-of-ways. Therefore, the
project would not significantly affect a scenic vista nor have a demonstrable negative aesthetic effect.
42
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 10
Butte County August 2021
b) Substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway?
Less than significant impact. No improvements are proposed that could result in the damage or degradation
of existing features on or near the project site. Subsequent development of the resultant parcels is anticipated
to be consistent with the character of the surrounding area. Additionally, the project site is not located along
a designated State or County scenic highway.
c) In non-urbanized areas, substantially degrade the existing visual character or quality
of public views of the site and its surroundings? (Public views are those that are
experienced from publicly accessible vantage points.) If the project is in an urbanized
area, would the project conflict with applicable zoning and other regulations
governing scenic quality?
Less than significant impact. The project site and surrounding lands are in an urban zone (Very Low Density
Residential). Future development of the resultant parcels would consist of single-family residences and
accessory structures. The type of housing and the one-acre parcel sizes proposed would be consistent with
the character and quality of the project site and surrounding area.
d) Create a new source of substantial light or glare which would adversely affect day or
nighttime views in the area?
Less than significant impact. Outdoor lighting for safety and security could potentially be added to existing
and future structures on the resultant parcels. However, the proposed very low-density development would
minimize ordinary nighttime lighting impacts to adjacent areas. Any new outdoor lighting in residential zones
are subject to Article 14, Section 24-67 of Butte County Zoning Code, which requires that all outdoor lighting in
residential areas be located, adequately shielded, and directed such that no direct light falls outside the
property perimeter, or into the public right-of-way. With implementation of outdoor lighting regulations, the
proposed project would not create new sources of substantial lighting or glare that would generate a
significant impact.
43
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 11
Butte County August 2021
1.2 AGRICULTURE AND FOREST RESOURCES
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
II. Agriculture and Forest Resources.
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer
to the California Agricultural Land Evaluation and Site Assessment Model (1997, as updated) prepared by the California
Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.
In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead
agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding
the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy
Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the
California Air Resources Board.
Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use or a
Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of,
forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
e) Involve other changes in the existing environment,
which, due to their location or nature, could result in
conversion of Farmland to non-agricultural use or
conversion of forest land to non-forest use?
Regulatory Setting
Williamson Act/Land Conservation Act (LCA) Contracts
The California Land Conservation Act of 1965, commonly known as the Williamson Act, was established based on
numerous State legislative findings regarding the importance of agricultural lands in an urbanizing society. Policies
emanating from those findings include those that discourage premature and unnecessary conversion of agricultural
land to urban uses and discourage discontinuous urban development patterns, which unnecessarily increase the costs
of community services to community residents. The Williamson Act authorizes each County to establish an agricultural
preserve. Land that is within the agricultural preserve is eligible to be placed under a contract between the property
owner and County that would restrict the use of the land to agriculture in exchange for a tax assessment that is based
on the yearly production yield. The contracts have a 9-year term that is automatically renewed each year, unless the
property owner or county requests a non-renewal or the contract is cancelled.
44
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 12
Butte County August 2021
Farmland Mapping and Monitoring Program
The California Farmland Mapping and Monitoring Program (FMMP) develops statistical data for analyzing impacts to
California’s agricultural resources. The FMMP program characterizes “Prime Farmland” as land with the best
combination of physical and chemical characteristics that are able to sustain long-term production of agricultural crops.
“Farmland of Statewide Importance” is characterized as land with a good combination of physical and chemical
characteristics for agricultural production, but with less ability to store soil moisture than prime farmland. “Unique
Farmland” is used for production of the state’s major crops on soils not qualifying as prime farmland or of statewide
importance. The FMMP also identifies “Grazing Land”, “Urban and Built-up Land”, “Other Land”, and “Water” that is not
included in any other mapping category.
California Public Resources Code Section 4526
"Timberland" means land, other than land owned by the federal government and land designated by the board as
experimental forest land, which is available for, and capable of, growing a crop of trees of a commercial species used
to produce lumber and other forest products, including Christmas trees. Commercial species shall be determined by
the board on a district basis.
California Public Resources Code Section 12220(g)
"Forest land" is land that can support 10-percent native tree cover of any species, including hardwoods, under natural
conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and
wildlife, biodiversity, water quality, recreation, and other public benefits.
Butte County Right to Farm Ordinance
Butte County has adopted a Right to Farm Ordinance (Butte County Code Chapter 35, Protection of Agricultural Land).
This ordinance protects properly conducted agricultural operations in the unincorporated County against nuisance
lawsuits, and requires annual disclosure to all property owners within the County of the right to farm. In addition, the
ordinance requires disclosure to buyers of real property and as part of development approvals. While the County Right-
to-Farm Ordinance specifically applies to commercial agricultural operations within the unincorporated area, all
commercial agricultural operations that comply with agricultural standards currently are protected from nuisance claims
under State law (Section 3482.5 of the California Civil Code), whether located within cities or unincorporated areas.
Agricultural Buffer Policy
Pursuant to Policy AG-P5.3 from the General Plan 2030, Butte County has adopted Article 17 of the Butte County Zoning
Ordinance which requires a 300-foot buffer between lands zoned agriculture and new residential development. This
ordinance applies to parcels where residential structures are to be developed in the following areas of the county: (1)
all lands zoned Agriculture; (2) in other zones within 300 feet of the boundary of Agriculture zones; (3) areas inside and
within 300 feet of sphere of influence boundaries for incorporated cities, where the boundary abuts parcels zoned
Agriculture; and, (4) areas within 300 feet of a Williamson Act Contract. Exceptions to the 300-foot agricultural buffer
setback requirement may be requested by the project applicant through an Unusual Circumstances Review application
process.
California Public Resources Code Section 4526
"Timberland" means land, other than land owned by the federal government and land designated by the board as
experimental forest land, which is available for, and capable of, growing a crop of trees of a commercial species used
to produce lumber and other forest products, including Christmas trees. Commercial species shall be determined by
the board on a district basis.
California Public Resources Code Section 12220(g)
"Forest land" is land that can support 10-percent native tree cover of any species, including hardwoods, under natural
conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and
wildlife, biodiversity, water quality, recreation, and other public benefits.
45
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 13
Butte County August 2021
Butte County Right to Farm Ordinance
Butte County has adopted a Right to Farm Ordinance (Butte County Code Chapter 35, Protection of Agricultural Land).
This ordinance protects properly conducted agricultural operations in the unincorporated County against nuisance
lawsuits, and requires annual disclosure to all property owners within the County of the right to farm. In addition, the
ordinance requires disclosure to buyers of real property and as part of development approvals. While the County Right-
to-Farm Ordinance specifically applies to commercial agricultural operations within the unincorporated area, all
commercial agricultural operations that comply with agricultural standards currently are protected from nuisance claims
under State law (Section 3482.5 of the California Civil Code), whether located within cities or unincorporated areas.
Discussion
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency, to non-agricultural use?
No impact. The project site is designated as Other Land by the California Department of Conservation’s
Farmland Mapping and Monitoring Program (FMMP). Areas surrounding the project site include Urban and
Built-up Land to north, south and west; and, Other Land to the north and east. Neither the project site, nor
surrounding area, is designated Prime Farmland, Unique Farmland or Farmland of Statewide Importance.
b) Conflict with existing zoning for agricultural use or a Williamson Act contract?
No impact. The project site is not under a Williamson Act Contract. No surrounding parcels are currently under
agricultural production or in a Williamson Act Contract.
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in
Public Resources Code section 12220(g)), timberland (as defined by Public Resources
Code section 4526), or timberland zoned Timberland Production (as defined by
Government Code section 51104(g))?
No impact. The project site and surrounding area is not classified as forestland, as defined in Public Resources
Code Section 12220(g), or as timberland, as defined in Public Resources Code Section 4526. The project site is
not zoned or designated for forest or timber resource uses.
d) Result in the loss of forest land or conversion of forest land to non-forest use?
No impact. The project site is located in the valley region of Butte County and does not contain trees or timber
resources classified as forestland, as defined in Public Resources Code Section 12220(g), or as timberland, as
defined in Public Resources Code Section 4526. Therefore, the proposed project would not result in loss or
conversion of forest land to a non-forest use.
e) Involve other changes in the existing environment, which, due to their location or
nature, could result in conversion of Farmland to non-agricultural use or conversion of
forest land to non-forest use?
No impact. The project site is designated as Other Land by the California Department of Conservation’s
Farmland Mapping and Monitoring Program (FMMP). Areas surrounding the project site include Urban and
Built-up Land to north, south and west; and, Other Land to the north and east. Neither the project site, nor
surrounding area, is designated Prime Farmland, Unique Farmland or Farmland of Statewide Importance. No
surrounding parcels are currently under agricultural production
46
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 14
Butte County August 2021
1.3 AIR QUALITY
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
III. Air Quality.
Where available, the significance criteria established by the applicable air quality management district or air pollution
control district may be relied on to make the following determinations.
Are significance criteria established by the applicable air
district available to rely on for significance
determinations?
Yes No
Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
Environmental Setting
Butte County is located within the Sacramento Valley Air Basin (SVAB), comprising the northern half of California’s 400-
mile long Great Central Valley. The SVAB encompasses approximately 14,994 square miles with a largely flat valley floor
(excepting the Sutter Buttes) about 200 miles long and up to 150 miles wide, bordered on its east, north and west by
the Sierra Nevada, Cascade and Coast mountain ranges, respectively.
The SVAB, containing 11 counties and some two million people, is divided into two air quality planning areas based on
the amount of pollutant transport from one area to the other and the level of emissions within each. Butte County is
within the Northern Sacramento Valley Air Basin (NSVAB), which is composed of Butte, Colusa, Glenn, Shasta, Sutter,
Tehama, and Yuba Counties.
Emissions from the urbanized portion of the basin (Sacramento, Yolo, Solano, and Placer Counties) dominate the
emission inventory for the Sacramento Valley Air Basin, and on-road motor vehicles are the primary source of emissions
in the Sacramento metropolitan area. While pollutant concentrations have generally declined over the years, additional
emission reductions will be needed to attain the State and national ambient air quality standards in the SVAB.
Seasonal weather patterns have a significant effect upon regional and local air quality. The Sacramento Valley and Butte
County have a Mediterranean climate, characterized by hot, dry summers and cool, wet winters. Winter weather is
governed by cyclonic storms from the North Pacific, while summer weather is typically subject to a high pressure cell
that deflects storms from the region.
In Butte County, winters are generally mild with daytime average temperatures in the low 50s°F and nighttime
temperatures in the upper 30s°F. Temperatures range from an average January low of approximately 36°F to an average
July high of approximately 96°F, although periodic lower and higher temperatures are common. Rainfall between
47
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 15
Butte County August 2021
October and May averages about 26 inches but varies considerably year to year. Heavy snowfall often occurs in the
northeastern mountainous portion of the County. Periodic rainstorms contrast with occasional stagnant weather and
thick ground or “tule” fog in the moister, flatter parts of the valley. Winter winds generally come from the south,
although north winds also occur.
Diminished air quality within Butte County largely results from local air pollution sources, transport of pollutants into
the area from the south, the NSVAB topography, prevailing wind patterns, and certain inversion conditions that differ
with the season. During the summer, sinking air forms a “lid” over the region, confining pollution within a shallow layer
near the ground that leads to photochemical smog and visibility problems. During winter nights, air near the ground
cools while the air above remains relatively warm, resulting in little air movement and localized pollution “hot spots”
near emission sources. Carbon monoxide, nitrogen oxides, particulate matters and lead particulate concentrations tend
to elevate during winter inversion conditions when little air movement may persist for weeks.
As a result, high levels of particulate matter (primarily fine particulates or PM2.5) and ground-level ozone are the
pollutants of most concern to the NSVAB Districts. Ground-level ozone, the principal component of smog, forms when
reactive organic gases (ROG) and nitrogen oxides (NOx) – together known as ozone precursor pollutants – react in
strong sunlight. Ozone levels tend to be highest in Butte County during late spring through early fall, when sunlight is
strong and constant, and emissions of the precursor pollutants are highest (Butte County CEQA Air Quality Handbook
2014).
Air Quality Attainment Status
Local monitoring data from the BCAQMD is used to designate areas a nonattainment, maintenance, attainment, or
unclassified for the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards
(CAAQS). The four designations are further defined as follows:
Nonattainment – assigned to areas where monitored pollutant concentrations consistently violate the standard in
question.
Maintenance – assigned to areas where monitored pollutant concentrations exceeded the standard in question in the
past but are no longer in violation of that standard.
Attainment – assigned to areas where pollutant concentrations meet the standard in question over a designated period
of time.
Unclassified – assigned to areas were data are insufficient to determine whether a pollutant is violating the standard in
question.
Table 1.3-1. Federal and State Attainment Status of Butte County
POLLUTANT STATE DESIGNATION FEDERAL DESIGNATION
1-hour ozone Nonattainment -
8-hour ozone Nonattainment Nonattainment
Carbon monoxide Attainment Attainment
Nitrogen Dioxide Attainment Attainment
Sulfur Dioxide Attainment Attainment
24-Hour PM10 Nonattainment Attainment
24-Hour PM2.5 No Standard Attainment
Annual PM10 Attainment No Standard
Annual PM2.5 Nonattainment Attainment
Source: Butte County AQMD, 2018
48
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 16
Butte County August 2021
Sensitive Receptors
Sensitive receptors are frequently occupied locations where people who might be especially sensitive to air pollution
are expected to live, work, or recreate. These types of receptors include residences, schools, churches, health care
facilities, convalescent homes, and daycare centers. The project site is located in a rural/suburban area with residential
uses on parcel sizes between 0.61 and 234 acres. Table 1.3-2 lists sensitive receptors that were identified in the project
vicinity and the distances from the project site.
Table 1.3-2. Sensitive Receptors in the Project Vicinity
SENSITIVE RECEPTORS DISTANCE FROM PROJECT SITE TO RECEPTOR
Residence (25 Porchlight Court) 35 feet south
Residence (29 Porchlight Court) 60 feet south
Residence (4208 Rancho Road) 95 feet west
Residence (4211 Rancho Road) 150 feet west
Residence (13818 Comice Court) 170 feet west
Residence (13676 Sawgrass Court) 185 feet southeast
Residence (13828 Comice Court) 240 feet northwest
Residence (22 Pheasant Run Court) 375 feet north
Residence (12 Pheasant Run Court) 390 feet north
Source: Butte County Geographical Information System/Google Earth imagery
Butte County Air Quality Management District
The Butte County Air Quality Management District (BCAQMD) is the local agency with primary responsibility for
compliance with both the federal and state standards and for ensuring that air quality conditions are maintained. They
do this through a comprehensive program of planning, regulation, enforcement, technical innovation, and promotion
of the understanding of air quality issues.
Activities of the BCAQMD include the preparation of plans for the attainment of ambient air quality standards, adoption
and enforcement of rules and regulations concerning sources of air pollution, issuance of permits for stationary sources
of air pollution, inspection of stationary sources of air pollution and response to citizen complaints, monitoring of
ambient air quality and meteorological conditions, and implementation of programs and regulations required by the
FCAA and CCAA.
According to the State CEQA Guidelines, the significance criteria established by the applicable air quality management
or air pollution control district may be relied on to make significance determinations for potential impacts on
environmental resources. BCAQMD is responsible for ensuring that state and federal ambient air quality standards are
not violated within Butte County. Analysis requirements for construction and operation-related pollutant emissions are
contained in BCAQMD’s CEQA Air Quality Handbook: Guidelines for Assessing Air Quality and Greenhouse Gas Impacts
for Projects Subject to CEQA Review. Established with these guidelines are screening criteria to determine whether or
not additional modeling for criteria air pollutants is necessary for a project. The CEQA Air Quality Handbook also
contains thresholds of significance for construction-related and operation-related emissions: ROG, NOx and PM10. The
screening criteria listed in Table 1.3-4 were created using CalEEMod version 2013.2.2 for the given land use types. To
determine if a proposed project meets the screening criteria, the size and metric for the land use type (units or square
footage) should be compared with that of the proposed project. If a project is less than the applicable screening criteria,
then further quantification of criteria air pollutants is not necessary, and it may be assumed that the project would have
a less than significant impact for criteria air pollutants. If a project exceeds the size provided by the screening criteria
for a given land use type then additional modeling and quantification of criteria air pollutants should be performed
(Butte County Air Quality Management District 2014).
49
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 17
Butte County August 2021
Table 1.3-4. Screening Criteria for Criteria Air Pollutants
LAND USE TYPE MAXIMUM SCREENING LEVELS FOR PROJECTS
Single-Family Residential 30 Units
Multi-Family (Low Rise) Residential 75 Units
Commercial 15,000 square feet
Educational 24,000 square feet
Industrial 59,000 square feet
Recreational 5,500 square feet
Retail 11,000 square feet
Source: Butte County AQMD, CEQA Air Quality Handbook, 2014
Discussion
a) Conflict with or obstruct implementation of the applicable air quality plan?
Less than significant impact. The applicable air quality plan for the project area is the Northern Sacramento
Valley Planning Area 2015 Triennial Air Quality Attainment Plan. In adopting this plan, BCAQMD assumes that
growth within its jurisdiction will be in accordance with city and county general plans, for which air quality
effects associated with build-out have been analyzed.
A project is deemed inconsistent with an air quality plan if it would result in population or employment growth
that exceeds the growth estimates in the applicable air quality plan (i.e., generating emissions not accounted
for in the applicable air quality plan emissions budget). Therefore, proposed projects need to be evaluated to
determine whether they would generate population and employment growth and, if so, whether that growth
would exceed the growth rate included in the applicable air quality plan.
The proposed project could result in minor population growth in the County with build-out of the resultant
parcels. However, the proposed development density is consistent with the established zoning, and population
growth to the area has already been anticipated for under Butte County General Plan 2030. Additionally, the
total number of single-family residential units generated by the project are below the maximum screening
criteria established in Table 1.3-3. Therefore, the project is not anticipated to cause significant impacts to
regional air quality, or otherwise conflict with the basin’s air quality management plan, provided that best
management practices for the control of fugitive dust during construction activities are employed.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which
the project region is non-attainment under an applicable federal or state ambient air
quality standard?
Less than significant impact with mitigation incorporated. The proposed project has the potential to impact
air quality primarily in two ways: (1) the project would generate mobile source emissions (i.e., added vehicle
trips, energy use) associated with future development on the resultant parcels, and (2) construction activities
associated with the development of the resultant parcels would generate fugitive dust (PM10) from grading
activities, construction exhaust emissions (PM10, NOx), and evaporative emissions of reactive organic gases
(ROG or VOC) from paving activities and architectural coatings.
Mobile source emissions are produced from motor vehicles, and include tailpipe and evaporative emissions.
Energy use associated with future development also generate emission from heating and cooling systems,
lighting, applicant, water use and wastewater. Future development of the resultant parcels have the potential
to generate these direct and indirect emissions. Emissions generated during at build-out of the resultant
parcels are not expected to be substantial, and would not significantly violate existing air quality standards,
because only a limited amount development would occur over the project site. The limited amount of
50
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 18
Butte County August 2021
development to occur with the proposed project was compared to the screening criteria of Table 1.3-3, and
deemed to have a less than significant impact to the environment.
Construction-related emissions are generally created throughout the course of project implementation and
parcel development, and would originate from construction equipment exhaust, employee vehicle exhaust,
dust from grading the land, exposed soil eroded by wind, and ROGs from architectural coating and asphalt
paving. Construction-related emissions would vary substantially depending on the level of activity, length of
the construction period, specific construction operations, types of equipment, number of personnel, wind and
precipitation conditions, and soil moisture content. Despite this variability in the project and project site
conditions, there are a number of feasible control measures that can be reasonably implemented to reduce
construction-related emissions to a less than significant level. These measures as well as other common air
pollution control measures are recommended in Appendix C of BCAQMD’s CEQA Handbook (2014), and are to
be implemented as Mitigation Measure AIR-1, listed below.
c) Expose sensitive receptors to substantial pollutant concentrations?
Less than significant impact with mitigation incorporated. Sensitive receptors in the project area and their
distances from the project site area contained Table 1.3-2. Based on the information provided in section b.),
above, the proposed project would not result in the violation of any air quality standards or contribute
substantially to an existing or projected air quality violation, except for potential fugitive dust emissions during
construction activities. Implementation of Mitigation Measure AIR-1 would reduce potential cumulative fugitive
dust emission impacts to a less than significant level.
d) Result in other emissions (such as those leading to odors) adversely affecting a
substantial number of people?
Less than significant impact. Future permitted uses on the resultant parcels would not create objectionable
odors. However, future construction activities could include objectionable odors from tailpipe diesel emissions
and from solvents in adhesives, paints, caulking materials, and new asphalt. Since odor impacts would be
temporary and limited to the area adjacent to the construction operations, and because the project site is
located in a rural area of the county, odors would not impact a substantial number of people for an extended
period of time.
Mitigation Measures
Mitigation Measure AIR-1
The following best practice measures to reduce impacts to air quality shall be incorporated by the project applicant,
subject property owners, or third-party contractors during construction activities on the project site. These measures
are intended to reduce criteria air pollutants that may originate from the site during the course of land clearing and
other construction operations.
Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater than 10,000 Pounds
• All on- and off-road equipment shall not idle for more than five minutes. Signs shall be posted in the
designated queuing areas and/or job sites to remind drivers and operators of the five-minute idling limit.
• Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is prohibited.
• All construction equipment shall be maintained in proper tune according to the manufacturer’s specifications.
Equipment must be checked by a certified mechanic and determined to be running in proper condition before
the start of work.
• Install diesel particulate filters or implement other CARB-verified diesel emission control strategies.
51
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 19
Butte County August 2021
• Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any
ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at
any location when within 100 feet of a restricted areas.
• To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce perk hour emissions.
Operational TAC Emissions
• All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with applicable Airborne Toxic
Control Measures (ATCMs) promulgated by the CARB throughout the life of the project (see
http:www.arb.ca.gov/toxics/atcm/atcm.htm).
• Stationary sources shall comply with applicable District rules and regulations.
Fugitive Dust
Construction activities can generate fugitive dust that can be a nuisance to local residents and businesses near a
construction site. Dust complaints could result in a violation of the District’s “Nuisance” and “Fugitive Dust” Rules 200
and 205, respectively. The following is a list of measures that may be required throughout the duration of the
construction activities:
• Reduce the amount of the disturbed area where possible.
• Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site.
An adequate water supply source must be identified. Increased watering frequency would be required
whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible.
• All dirt stockpile areas should be sprayed daily as needed, covered, or a District approved alternative method
will be used.
• Permanent dust control measures identified in the approved project revegetation and landscape plans should
be implemented as soon as possible following completion of any soil disturbing activities.
• Exposed ground areas that will be reworked at dates greater than one month after initial grading should be
sown with a fast-germinating non-invasive grass seed and watered until vegetation is established.
• All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binders,
jute netting, or other methods approved in advance by the Butte County Air Quality Management District.
• All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition,
building pads should be laid as soon as possible after grading unless seeding or soil binders are used.
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction
site.
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two
feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with local
regulations.
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and
equipment leaving the site.
• Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water
sweepers with reclaimed water should be used where feasible.
• Post a sign in prominent location visible to the public with the telephone numbers of the contractor and the
Butte County Air Quality Management District - (530) 332-9400 for any questions or concerns about dust from
the project.
All fugitive dust mitigation measures required should be shown on grading and building plans. In addition, the
contractor or builder should designate a person or persons to monitor the dust control program and to order increased
52
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 20
Butte County August 2021
watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend period
when work may not be in progress. The name and telephone number of such persons shall be provided to the District
prior to land use clearance for map recordation and finished grading of the area.
Please note that violations of District Regulations are enforceable under the provisions of California Health and Safety
Code Section 42400, which provides for civil or criminal penalties of up to $25,000 per violation.
Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the
final map or on an additional map sheet. This note shall also be placed on all building and site development plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure
that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional
map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control
District inspectors shall respond to nuisance complaints.
53
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 21
Butte County August 2021
1.4 BIOLOGICAL RESOURCES
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
IV. Biological Resources.
Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special-status
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Wildlife or the U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies, or
regulations or by the California Department of Fish
and Wildlife or the U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or federally
protected wetlands (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
Environmental Setting
The project site and surrounding land to the south and west are developed with single-family dwellings on parcel sizes
of 1-acre sizes. Parcels to the north are larger in size and developed with single-family dwellings. The parcel to the east
is approximately 60 acres and is undeveloped. A review of the California Natural Diversity Database identified the
following plant and animal species that are identified as federally or state endangered, threatened, rare, species of
special concern or listed by the California Native Plant Society as rare, threatened or endangered.
54
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 22
Butte County August 2021
Endangered, Threatened and Rare Plants
Adobe-lily (Fritillaria pluriflora)
Adobe-lily is ranked as a 1B.2 plant under the CNPS. It is not a federally or state listed species. It occurs in chaparral,
valley grassland and foothill woodland habitats. Current threats to this species include loss of habitat due to residential
development and fire suppression activities. Due to the existing development and disturbance on the project site, there
is no identified adobe-lily on site.
Butte County meadowfoam (Limnanthes floccosa ssp. Californica)
Butte County meadowfoam is federally and state listed endangered species. It is ranked as a 1B.1 plant under the CNPS.
It is a dicot and is an annual herb. It occurs in chaparral, valley grassland, foothill woodland, freshwater wetlands and
wetland-riparian habitats. The site has been developed with two existing structures and surrounding improvements.
The undeveloped area is primarily grassland. No identified wetlands or riparian areas are located on site. Current threats
to this species include loss of habitat due to development and fire suppression activities.
Green’s tuctoria (Tuctoria greenei)
Green’s tuctoria is a federally listed as endangered and state listed as rare. It is a monocot and is an annual grasslike
herb. The undeveloped area is primarily grassland. No identified wetlands or riparian areas are located on site. Current
threats to this species include loss of habitat due to development and fire suppression activities.
Endangered, Threatened and Special Status Wildlife
Burrowing owl (Athene cunicularia)
Burrowing oil is not federally or state listed species. It is identified as a species of special concern by the United States
and California Departments of Fish & Wildlife. They are found in grasslands, rangelands, agricultural areas. The project
site does have the habitat to support Burrowing owls.
Conservancy fairy shrimp (Branchinecta conservation)
Conservancy fairy shrimp is federally listed as endangered, but is not listed by the state. Conservancy fairy shrimp habit
includes vernal-pools and wetlands. The project site area, due to the existing agriculture use and surrounding residential
development, does not have any vernal-pools or wetlands.
Vernal pool fairy shrimp (Branchinecta lynchi)
Vernal pool fairy shrimp is federally listed as endangered, but is not listed by the state. Vernal pool fairy shrimp habit
includes vernal-pools and wetlands. The project site area, due to the existing agriculture use and surrounding residential
development, does not have any vernal-pools or wetlands.
Vernal pool tadpole shrimp (Lepidurus packardi)
Vernal pool tadpole shrimp is federally listed as endangered, but is not listed by the state. Vernal pool fairy shrimp
habit includes vernal-pools and other freshwater aquatic habits including ponds, ditches, road ruts. The project site
55
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 23
Butte County August 2021
area, due to the existing agriculture use and surrounding residential development, does not include any of those habitat
types.
Discussion
a) Have a substantial adverse effect, either directly or through habitat modifications, on
any species identified as a candidate, sensitive, or special-status species in local or
regional plans, policies, or regulations, or by the California Department of Fish and
Wildlife or the U.S. Fish and Wildlife Service?
Less than significant impact with mitigation incorporated. The California Natural Diversity Database (CNDDB
Rarefind 5, Government Version, February 2021) was reviewed to determine if any special status animal species or
habitats occur on the project site or in the project area. Due to the existing development and site disturbance, no
special status plant species were not considered to have a potential to be present within the proposed project
area.
Due to the residential uses on the project site and surrounding area, it has resulted in habitat fragmentation,
degradation of natural hydrology, and the introduction of non-native species, which have diminished the
habitat value of the vegetative communities on the project site, and its ability to support special-status species.
As a result, the limited amount of development potential enabled by the proposed project would not
significantly degrade or reduce the existing habitat values on the project site that would cause significant impacts
to sensitive species.
Based on the habitat of site and adjacent, undisturbed parcels, there is potential for burrowing owls to be located
in the area. In order to address that potential of burrowing owls, a mitigation measure (BIO-1) has been included
that will requires surveys to be conducted prior to any land disturbance.
The project site and surrounding area does contain several immature trees and shrubs that provide suitable
nesting habitat for avian species protected under the MBTA. To avoid potential impacts to avian species
protected under the MBTA and California Fish and Game Code (CFGC), Mitigation measure (BIO-2) is
recommended prior to development on Parcel 2. Adherence to recommended mitigation measures would
reduce potential impacts to a less than significant level.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans, policies, or regulations or by the
California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service?
No impact. The project site is not identified as containing a Sensitive Natural Community (SNC). There is no
riparian habitat on the project site.
c) Have a substantial adverse effect on state or federally protected wetlands (including,
but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?
No impact. The project site based on the existing topography and ongoing uses and site disturbance, the site
does not have any wetlands that would be impacted by future development and use on the proposed parcels.
d) Interfere substantially with the movement of any native resident or migratory fish or
wildlife species or with established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
Less than significant impact with mitigation incorporated. Although no major migratory routes have been
designated through the project site, the site may facilitate home range and dispersal movement of resident
wildlife species, but does not serve as a designated wildlife movement corridor. The project site and
56
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 24
Butte County August 2021
surrounding area does contain several immature trees and shrubs that provide suitable nesting habitat for
avian species protected under the MBTA. To avoid potential impacts to avian species protected under the
MBTA and California Fish and Game Code (CFGC), Mitigation measure (BIO-2) is recommended prior to
development on Parcel 2. Adherence to recommended mitigation measures would reduce potential impacts
to a less than significant level.
e) Conflict with any local policies or ordinances protecting biological resources, such as a
tree preservation policy or ordinance?
Less than significant impact. The project would not conflict with any local policies or ordinances protecting
biological resources and is consistent with goals and policies identified in Butte County General Plan 2030. The
project parcel is developed with a residential use and the site has been disturbed for previous development and
access drive. No existing biological resources will be impacted by the proposed project.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional, or state habitat
conservation plan?
No impact. The Butte Regional Conservation Plan (BRCP) is a joint Habitat Conservation Plan (HCP)/National
Community Conservation Plan (NCCP) that is currently being prepared for the western half of the Butte County.
In the event the BRCP is adopted, individual projects and development that occur in the BRCP planning area
would need to be coordinated with the Butte County Association of Governments to ensure that the project
does not conflict with the BRCP. As the plan has not been adopted, the proposed project will not conflict, nor
interfere with, the attainment of the goals of the proposed plan.
Mitigation Measures
Mitigation Measure BIO-1
Prior to any land disturbance or construction, a qualified biologist shall complete four surveys for burrowing owl prior
to the start of construction. The biologist should conduct 4 survey visits: 1) at least one site visit between 15 February
and 15 April, and 2) a minimum of three survey visits, at least three weeks apart, between 15 April and 15 July, with at
least one visit after 15 June. Surveys should be conducted on the project site and within 150 meters of areas that will
be directly or indirectly impacted by the project, where feasible. Surveys should not be conducted during inclement
weather, when burrowing owls are typically less active and visible. A report summarizing the survey including the
qualifications of the biologist who performed the survey, methods, and results should be provided to CDFW prior to
the start of construction. If burrowing owls or evidence of burrowing owls (e.g., whitewash or pellets) are not observed
during surveys, no additional mitigation is necessary. If the birds are present, then there is potential for impacts to
occur and CDFW is available to assist with the development of potential measures to offset impacts.
Plan Requirements: Perform surveys for burrowing owls. The note shall be placed on all building and site
development plans.
Timing: Requirements of the condition shall be adhered to prior to any land disturbance or construction activities.
Monitoring: The Butte County Department of Development Services shall ensure the condition is met prior to any
land disturbance or construction activities.
Mitigation Measure BIO-2
If project construction activities, including ground disturbance or vegetation removal occur during the nesting season
for birds protected under the Migratory Bird Treaty Act (MBTA) and California Department Fish & Game Code (CDFC)
(approximately February 1 – August 31), the project proponent shall retain a qualified biologist to perform
preconstruction surveys for nesting bird species. Surveys to identify active bird nests shall be conducted within and
250 feet around the footprint of proposed construction site. The survey shall be conducted within 7 days prior to the
57
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 25
Butte County August 2021
initiation of construction activities. In the event that an active nest is observed, a species protection buffer shall be
established. The species protection buffer will be defined by the qualified biologist based on the species, nest type
and tolerance to disturbance. Construction activity shall be prohibited within the buffer zones until the young have
fledged or the nest fails. Nests shall be monitored by a qualified biologist once per week and a report submitted to
the Butte County Department of Development Services.
Plan Requirements: Perform protocol-level surveys for migratory birds protected by the California Department Fish &
Game Code and the Migratory Bird Treaty Act. This measure shall be recorded on an additional map sheet to the
Parcel Map.
Timing: Requirements of the condition shall be adhered to prior to and during construction activities planned to
occur during nesting seasons for CDFC and MBTA species (between February 1 and August 31).
Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure
that the note is recorded an additional map sheet of the Parcel Map. Department of Development Services shall ensure
the condition is met at the time of construction activities.
58
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 26
Butte County August 2021
1.5 CULTURAL RESOURCES
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
V. Cultural Resources.
Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
Section 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to Section 15064.5?
c) Disturb any human remains, including those interred
outside of dedicated cemeteries?
Environmental Setting
Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls,
water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human-made
site, object (i.e., artifact), or feature that defines and illuminates our past. Often such sites are found in foothill areas,
areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water. The
project site is located in the lower foothills and does contain physical characteristics where cultural resources would be
likely to be encountered.
Discussion
a) Cause a substantial adverse change in the significance of a historical resource pursuant
to Section 15064.5?
Less than significant impact with mitigation incorporated. Native American populations used the local region
for seasonal and/or permanent settlement, as well as for the gathering of plants, roots, seeds, and seasonal
game. Historically, Euro-Americans utilized the region for mining farming, and cattle ranching. With historic
use of the project area by prehistoric and historic populations, unanticipated and accidental archaeological
discoveries may be encountered during ground-disturbing activities, resulting in potentially significant impacts.
To avoid potential impacts to undiscovered prehistoric resources, historic resources, and human remains that
may be uncovered during development activities on the project site, Mitigation Measure CUL-1, below, is
recommended.
b) Cause a substantial adverse change in the significance of an archaeological resource
pursuant to Section 15064.5?
Less than significant impact with mitigation incorporated. The possibility exists that buried archaeological
resources that may meet the criteria of a unique archaeological resource is present on the project site. If any
buried resources are encountered and damaged during project implementation, the destruction of the
archaeological resources would be a potentially significant impact. Implementation of Mitigation Measure CUL-
1 would reduce this impact to a less-than-significant level.
59
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 27
Butte County August 2021
c) Disturb any human remains, including those interred outside of formal cemeteries?
Less than significant impact with mitigation incorporated. Indications are that humans have occupied Butte
County for over 10,000 years and it is not always possible to predict where human remains may occur outside
of formal burials. Therefore, excavation and construction activities, regardless of depth, may yield human
remains that may not be interred in marked, formal burials.
Under CEQA, human remains are protected under the definition of archaeological materials as being “any
evidence of human activity.” Additionally, Public Resources Code section 5097.98 has specific stop-work and
notification procedures to follow in the event that human remains are inadvertently discovered during project
implementation.
The Butte County Conservation Element has established two policies that address the inadvertent discovery of
human remains. COS-P16.3 requires human remains discovered during construction to be treated with dignity
and respect and to fully comply with the federal Native American Graves Protection and Repatriation Act and
other appropriate laws. COS-P16.4 requires work to stop if human remains are found during construction until
the County Coroner has been contacted, and, if the human remains are determined to be of Native American
origin, the North American Heritage Commission and most likely descendant have been consulted.
Implementation of the Mitigation Measure CUL-1 would ensure that all construction activities that inadvertently
discover human remains implements state required consultation methods to determine the disposition and
historical significance of any discovered human remains. Mitigation Measure CUL-1 would reduce this impact
to a less than significant level.
Mitigation Measures
Mitigation Measure CUL-1
If grading activities reveal the presence of prehistoric or historic cultural resources (i.e., artifact concentrations, including
arrowheads and other stone tools or chipping debris, cans glass, etc.; structural remains; human skeletal remains) work
within 50 feet of the find shall immediately cease until a qualified professional archaeologist can be consulted to
evaluate the find and implement appropriate mitigation procedures. If human skeletal remains are encountered, State
law requires immediate notification of the County Coroner (530.538.7404). If the County Coroner determines that the
remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified
immediately, pursuant to State Law, to arrange for Native American participation in determining the disposition of such
remains. The provisions of this mitigation shall be followed during construction of all subdivision improvements,
including land clearing, road construction, utility installation, and building site development.
Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the
map or on an additional map sheet and shall be shown on all site development and building plans.
Timing: This measure shall be implemented during all site preparation and construction activities.
Monitoring: The Department of Development Services and/or Public Works Department shall ensure the note is placed
on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Should
cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The
Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources
and determine appropriate action. State law requires the reporting of any human remains.
60
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 28
Butte County August 2021
1.6 ENERGY
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
VI. Energy.
Would the project:
a) Result in potentially significant environmental impact
due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
Discussion
a) Result in potentially significant environmental impact due to wasteful, inefficient, or
unnecessary consumption of energy resources, during project construction or
operation?
Less than significant impact. The proposed project would consume energy primarily in two ways: (1)
construction activities would consume energy through the operation of heavy off-road equipment, trucks, and
worker traffic, and (2) future residential uses would cause long-term energy consumption from electricity and
propane gas consumption, energy used for water conveyance, and vehicle operations to and from the project
site.
Construction energy consumption would largely occur from fuel consumption by heavy equipment during
grading activities associated with road and building site clearance; trucks transporting construction materials
to the site during parcel development; and, worker trips to and from the job site. Energy consumption during
construction related activities would vary substantially depending on the level of activities, length of the
construction period, specific construction operations, types of equipment, and the number of personnel.
Despite this variability in the construction activities, the overall scope of the anticipated construction at the
project site is relatively minor, and therefore, would not require a substantial amount of fuel to complete
construction. Additionally, increasingly stringent state and federal regulations on engine efficiency combined
with local, state, and federal regulations limiting engine idling times and recycling of construction debris, would
further reduce the amount of transportation fuel demand during project construction. Considering the minimal
amount of construction activities associated with the project, the proposed project would not result in the
wasteful and inefficient use of energy resources during construction and impacts would be less than significant.
Long-term energy consumption would occur after residential build-out of the resultant parcels on the project
site. Residential uses would consume electricity and/or propane gas for space heating, water heating, and
cooking. Whereas, electricity would primarily be used for lighting, appliances, water conveyance and other
activities within the home. The project would also generate additional vehicle trips by residents commuting to
and from work or to access services, which would result in the consumption of transportation fuel.
State and federal regulatory requirements addressing fuel efficiency are expected to increase fuel efficiency
over time as older, less fuel-efficient vehicles are retired, and therefore would reduce vehicle fuel energy
consumption rates over time. Therefore, energy impacts related to fuel consumption/efficiency during project
operations would be less than significant.
61
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 29
Butte County August 2021
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency
Less than significant impact. Many of the state and federal regulations regarding energy efficiency are focused
on increasing building efficiency and renewable energy generation, as well as reducing water consumption
and Vehicles Miles Traveled. The proposed project includes energy conservation measures to meet and exceed
the regulatory requirements, including reducing idling time of heavy equipment during construction activities
(see Mitigation Measure AIR-1 and GHG-1) and the addition of exterior outlets in residential buildings for
recharging electric cars and other household equipment. Additionally, future residential uses on the resultant
parcels would also be in compliance with the most recent Title 24 and CalGreen building code standards at
the time of project construction. Therefore, the proposed project would implement energy reduction design
features and comply with the most recent energy building standards and would not result in wasteful or
inefficient use of nonrenewable energy sources.
62
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 30
Butte County August 2021
1.7 GEOLOGY AND SOILS
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
VII. Geology and Soils.
Would the project:
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
i) Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area or based on other substantial evidence of a
known fault? (Refer to California Geological Survey
Special Publication 42.)
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil?
c) Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction,
or collapse?
d) Be located on expansive soil, as defined in Table 18-1-
B of the Uniform Building Code (1994, as updated),
creating substantial direct or indirect risks to life or
property?
e) Have soils incapable of adequately supporting the use
of septic tanks or alternative waste water disposal
systems where sewers are not available for the
disposal of waste water?
f) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
63
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 31
Butte County August 2021
Discussion
a) Directly or indirectly cause potential substantial adverse effects, including the risk of
loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a known fault? (Refer to California
Geological Survey Special Publication 42.)
Less than significant impact. There are no known active faults underlying, or adjacent to, the project
site. The Cleveland Hill fault is the only active fault zone in Butte County identified in the most recent
Alquist-Priolo Earthquake Fault Zoning Map. The Cleveland Hill fault is located east of Dunstone Drive
and Miners Ranch Road, between North Honcut Creek and Mt. Ida Road, approximately 31.5± miles
southeast of the project site. Because the nearest active fault is located a considerable distance from
the project site, the likelihood of a surface rupture at the project site is very low, and would not be a
design consideration for future development.
ii) Strong seismic ground shaking?
Less than significant impact. Ground shaking at the project site could occur due to the earthquake
potential of the regions active faults. However, active faults are relatively distant from the project site,
and would result in low to moderate intensity ground shaking during seismic events. Future residential
development on the resultant parcels would be subject to the California Building Code (CBC). The CBC
would provide minimum standards to safeguard life or limb, health, property and public welfare by
regulating the design, construction, quality of materials, use and occupancy, location, and
maintenance of buildings and structures within Butte County. Adherence to the CBC during building
construction would ensure that potential impacts are less than significant.
iii) Seismic-related ground failure, including liquefaction?
Less than significant impact. According to Butte County General Plan 2030, areas that are at risk for
liquefaction can be found on the valley floor, especially near the Sacramento and Feather Rivers, and
their tributaries, which have a higher potential to contain sandy and silty soils. The California Building
Code (CBC) regulates the construction of structures, which may be constructed with approval of the
proposed project. Adherence to CBC standards at the time of development of the resultant parcels
would ensure that new structures are adequately sited and engineered to reduce impacts related to
seismic ground failure, including liquefaction (generally low potential), are less than significant.
iv) Landslides?
Less than significant impact. The project area is generally flat, with a gentle slope from northeast to
south west. According to Figure HS-6, Landside Potential, of Butte County General Plan 2030, the
project site has a low to no potential of landslides.
b) Result in substantial soil erosion or the loss of topsoil?
Less than significant impact. According to Figure HS-7, Erosion Hazard Potential, of Butte County General Plan
2030, the project site has a slight potential of soil erosion. Surface soil erosion and loss of topsoil has the
potential to occur in any area of the county from disturbances associated with the construction-related
activities. Construction activities could also result in soil compaction and wind erosion effects that could
adversely affect soils and reduce the revegetation potential at the construction site and staging areas.
64
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 32
Butte County August 2021
During construction-related activities, specific erosion control and surface water protection methods for each
construction activity would be implemented on the project site. The type and number of measures
implemented would be based upon location-specific attributes (i.e., slope, soil type, weather conditions). These
control and protection measures, or BMPs, are standard in the construction industry and are commonly used
to minimize soil erosion and water quality degradation.
Additionally, future construction activities may be subject to the National Pollutant Discharge Elimination
System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land is
disturbed. Construction activities that result in a land disturbance of less than one acre, but which are part of
a larger common plan of development, also require a permit. This program requires implementation of erosion
control measures during and immediately after construction that are designed to avoid significant erosion
during the construction period. In addition, the project operation would be subject to State Water Resources
Control Board requirements for the preparation and implementation of a Storm Water Pollution Prevention
Plan (SWPPP) to control pollution in stormwater runoff from the project site, including excessive erosion and
sedimentation. The SWPPP, if required, must be obtained prior to any soil disturbance activities.
Implementation of standard erosion control BMP’s during future construction-related activities, together with
adherence to State requirements regarding grading activities, would ensure that potential erosion impacts are
less than significant.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as
a result of the project, and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction, or collapse?
Less than significant impact. According to Butte County General Plan 2030, the project site is located in an
area prone to low to moderate for landslides, subsidence or liquefaction. However, destabilization of natural
or constructed slopes could occur as a result of future construction activities. Excavations, grading, and fill
operations associated with parcel development could alter existing slope profiles making them unstable as a
result of over-excavation of slope material, steepening of the slope, or increased loading. Standard engineering
design features and construction procedures would be implemented to maintain stable slopes and excavations
during construction, reducing impacts of unstable slopes to a less than significant level.
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code
(1994, as updated), creating substantial direct or indirect risks to life or property?
Less than significant impact. According to Figure HS-8, Expansive Soil Potential, of Butte County General Plan
2030, the project site is located in an area with very low expansive soils. Expansive soils can cause structural
damage particularly when concrete structures are in direct contact with the soils. Appropriate design features
to address expansive soils may include excavation of potentially problematic soils during construction and
replacement with engineered backfill, ground-treatment processes, direction of surface water and drainage
away from foundation soils, and the use of deep foundations such as piers or piles. Implementation of these
standard engineering methods and adherence to California Building Code (CBC) standards at the time of
development of the resultant parcels would ensure that any impacts associated with expansive soils would
remain less than significant.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative
waste water disposal systems where sewers are not available for the disposal of waste
water?
Less than significant impact. The proposed development will result in residential parcels that utilize onsite
sewage disposal systems built in accordance with regulation found in the Butte County Local Agency
Management Program (LAMP). This regulation was established in accordance with the 2012 California Onsite
Wastewater Treatment System Policy and approved by the State Regional Water Quality Control Board in 2016.
General Plan 2030 includes a number of policies in the Water Resources Element and the Public Facilities
65
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 33
Butte County August 2021
Services Element both to address existing septic systems in areas with poor soils and to ensure the safety of
future septic systems. To ensure the safety of new septic systems, Policy PUB-P13.2 requires new development
to demonstrate the availability of a safe, sanitary, and environmentally sound wastewater system. Similarly,
Policy PUB-P13.3 requires applicants of projects that will rely on on-site wastewater systems to provide detailed
plans demonstrating that the system will be adequate to serve the project (Butte County General Plan 2030
EIR).
The applicant completed a pre-application review with Butte County Department of Environmental Health, in
accordance with Chapter 19 of Butte County Code (On-Site Wastewater Systems). The project area is flat with
0.68 to 68 acre size parcels with single-family development to the north, south and west of the project site.
Soil profiles were conducted by a certified designer with Butte County Environmental Health staff present
during the site evaluation. Soils were evaluated in the areas proposed for leach field and replacement.
The soil profiles indicated effective soil depths in excess of 60 inches and were found to vary widely in
consistency as follows: clay loam, silty clay loam, sandy clay loam, sandy loam and loamy sand. Proposed lot
1 had an application rate of .8 gallons per day per square foot (gpd/sq. ft.) with gravity distribution and a 9,000
square foot Minimum Usable Waste Water Area (MUWA) or pressure distribution with a 6,000 square foot
MUWA. Proposed lots 2, 3 and 4 had an application rate of .3 gpd/sq.ft with pressure distribution and a 15,000
square foot MUWA. Proposed lot 5 had an application rate of .7 gpd/sq.ft. with standard gravity and a 12,000
square foot MUWA or 8,000 square foot MUWA with pressure distribution. Proposed lots 6, 7 had an
application rate of .8 gpd/sq.ft. with standard gravity and a 12,000 square foot MUWA or 8,000 square foot
MUWA with pressure distribution. Proposed lot 8 had an application rate of .3 gpd/sq.ft. and a 15,000 square
foot MUWA.
Using the combination of soils classification along with the certified designer’s suggestion and findings, Butte
County Department of Environmental Health agrees that per BCC Chapter 19-10 C., the Minimal Usable
Wastewater Area (MUWA) requirements have been met.
f) Directly or indirectly destroy a unique paleontological resource or site or unique
geologic feature?
Less than significant impact. The project is classified as a Pleistocene-age Riverbank Formation that overlies
the Red Bluff formation. The Riverbank Formation consists of weathered gravel, sand, and silt that were
deposited between 0.13 and 0.45 million years ago. The thickness of the Riverbank Formation ranges from less
than 1 foot to more than 200 feet. The Riverbank Formation is composed of a lower and upper terraces, which
were formed by stream carry eroded materials from the surrounding mountain ranges to the base of the
foothills, where they were deposited in wide alluvial fans and terrace deposits. The lower terrace consists of
red semi-consolidated gravel, sand and silt. The upper terrace consists of unconsolidated but compact, dark-
brown to red alluvium containing gravel, sand, silt, and with minor clay. Groundwater generally occurs under
unconfined conditions (Geology of the Northern California Sacramento Valley, 2014).
Sediments associated with the Riverbank Formation are typically devoid of significant vertebrate fossils, and
no previously recorded fossil sites has been identified on the project site or the surrounding area. Therefore,
it is not likely that unique paleontological resources would be found in local sediments. Further, the discovery
of fossils, and the subsequent opportunity for data collection and study, is a rare event that could occur from
construction grading activities associated with development. As a result, the probability of encountering fossils
on the project site is low, and would have a less than significant impact on previously unknown paleontological
resources.
66
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 34
Butte County August 2021
1.8 GREENHOUSE GAS EMISSIONS
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
VIII. Greenhouse Gas Emissions.
Would the project:
a) Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment?
b) Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emissions of
greenhouse gases?
Environmental Setting
The Butte County Climate Action Plan (CAP) was adopted on February 25, 2014. The Butte County CAP provides goals,
policies, and programs to reduce GHG emissions, address climate change adaptation, and improve quality of life in the
county. The Butte County CAP also supports statewide GHG emission-reduction goals identified in AB 32 and SB 375.
Programs and actions in the CAP are intended to help the County sustain its natural resources, grow efficiently, ensure
long-term resiliency to a changing environmental and economic climate, and improve transportation. The Butte County
CAP also serves as a Qualified GHG Reduction Strategy under CEQA, simplifying development review for new projects that
are consistent with the CAP.
A 2006 baseline GHG emission inventory was prepared for unincorporated Butte County. The inventory identified the
sources and the amount of GHG emissions produced in the county. The leading contributors of GHG emissions in Butte
County are agriculture (43%), transportation (29%), and residential energy (17%). The Climate Action Plan (CAP) adopted
by the County provides a framework for the County to reduce GHG emissions while simplifying the review process for new
development. Measures and actions identified in the CAP lay the groundwork to achieve the adopted General Plan goals
related to climate change, including reducing GHG emissions to 1990 levels by 2020.
New projects are evaluated to determine consistency with the CAP and to identify which GHG emission reduction measures
would be implemented with project approval. These measures may include expansion of renewable energy systems for
new residential development by prewiring future development for photovoltaic systems; reduction of construction
equipment idling time; and, installation of electric vehicle charging outlets in the garage or the exterior of the home.
Discussion
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a
significant impact on the environment?
Less Than Significant Impact with Mitigation Incorporated. The project is a subdivision that would contribute
greenhouse gas emissions during parcel development, and by the subsequent uses on the resultant parcels.
Construction-related emissions during parcel development may be generated from construction equipment
exhaust, construction employee vehicle trips to and from the work site, architectural coatings and asphalt
paving. The project’s construction GHG emissions would occur over a short duration and would consist
primarily of emissions from equipment exhaust. The long-term regional emissions associated with the project
would primarily occur from the creation of new vehicular trips and indirect source emissions, such as electricity
usage for lighting.
67
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 35
Butte County August 2021
The proposed project would be required to implement Mitigation Measure GHG-1, which reduces project
emissions of heavy-duty diesel-powered equipment during construction and long-term GHG emissions
associated with future uses on the resultant parcels. Implementation of this measure would minimize project-
related GHG emissions to the extent feasible, consistent with AB 32 GHG reduction goals, and would therefore
result in a less than significant impact.
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of
reducing the emissions of greenhouse gases?
Less Than Significant Impact with Mitigation Incorporated. The project is subject to compliance with AB 32
greenhouse gas emission reduction goals, which are to reduce statewide GHG emissions to 1990 levels by
2020. Additionally, development on the resultant parcels would be subject to Title 24, California Building Code,
which includes CalGreen standards. These standards include mandatory measures that addresses planning and
design, energy efficiency, water efficiency/conservation, material conservation and resource efficiency, and
environmental quality. Implementation of Mitigation Measure GHG-1 would mitigated project-generated GHG
emissions through programmatic-level measures established through the Butte County CAP. The project’s
compliance with the applicable policies and measures in the CAP would in turn meet the statewide GHG
emission reduction goals.
Mitigation Measures
Mitigation Measure GHG-1
Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet
that states: “To the extent feasible, the project proponent shall implement the following measures during construction-
related activities and at the time of development to offset the anticipated contribution of greenhouse gas emissions:
Support expansion of renewable energy systems. Prewire all new residential development to support
photovoltaic system installation.
Support efficiency in vehicles and landscaping equipment. Install electrical vehicle outlets on external
walls or in garages in all new residential development.
Improve fuel efficiency of equipment during construction-related activities. Minimize idling time either
by shutting equipment off when not in use or reducing the time of idling to no more than 3 minutes.
Use clean or alternative fuel equipment.”
Plan Requirements: The measure shall be placed on a separate document which is to be recorded concurrently with
the final map or on an additional map sheet. This note shall also be placed on all building and site development plans.
Timing: Shall be implemented prior to issuance of building permits for residential development. Construction-related
measures shall be adhered to throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure
that the note is placed on a separate document which is to be recorded concurrently with the final map or on an
additional map sheet. Planning Division will ensure that future residential development includes the applicable
measures during Building Permit review. Building inspectors shall spot check and shall ensure compliance on-site.
68
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 36
Butte County August 2021
1.9 HAZARDS AND HAZARDOUS MATERIALS
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
IX. Hazards and Hazardous Materials.
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and/or accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment?
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in a safety hazard or
excessive noise for people residing or working in the
project area?
f) Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan?
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury, or death
involving wildland fires?
Discussion
a) Create a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials?
Less than significant impact. Limited quantities of miscellaneous hazardous substances, such as gasoline, diesel
fuel, hydraulic fluid, solvents, oils, etc. would be used to maintain vehicles and motorized equipment during
construction-related activities. Accidental spill of any of these substances could impact water and/or
groundwater quality. Depending on the relative hazard of the material, if a spill were to occur of significant
quantity, the accidental release could pose a hazard to construction workers, the public, as well as the
environment. Construction personal who are experienced in containing accidental releases of hazardous
69
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 37
Butte County August 2021
materials will be present to contain and treat affected areas in the event a spill occurs. If a larger spill were to
occur, construction personal would generally be on-hand to contact the appropriate agencies.
It is not anticipated that large quantities of hazardous materials would be permanently stored or used within
the project site. However, if large quantities are stored at the project site, the owner would be required to
obtain a Hazardous Materials Business Plan. It is more likely that only small quantities of publicly-available
hazardous materials (e.g., paint, maintenance supplies) may be routinely used within the project site for
residential or agricultural maintenance and cleaning. However, these materials would not be used in sufficient
strength or quantity to create a substantial risk of fire or explosion, or otherwise pose a substantial risk to
human or environmental health.
b) Create a significant hazard to the public or the environment through reasonably
foreseeable upset and/or accident conditions involving the release of hazardous
materials into the environment?
Less than significant impact. It’s not anticipated that construction or operation of future residential
development would create a significant hazard to the environment or to the public due to the accidental
release of hazardous materials into the environment. Accidental release of hazardous materials routinely used
during construction activities are addressed in section a.), above.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school?
No impact. No existing or proposed elementary schools have been identified within one-quarter mile of the
project site.
d) Be located on a site which is included on a list of hazardous materials sites compiled
pursuant to Government Code §65962.5 and, as a result, would it create a significant
hazard to the public or the environment?
No impact. A review of regulatory agency databases, which included lists of hazardous materials sites compiled
pursuant to California Government Code Section 65962.5, did not identify any active sites within 2 miles of the
project site, nor any sites on or adjacent to the project site that have used, stored, disposed of, or released
hazardous materials. The project does not involve the use of hazardous materials and would not create any
hazardous materials.
e) For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project
result in a safety hazard or excessive noise for people residing or working in the project
area?
Less than significant impact. The project is located 1.3 miles west of the Chico Municipal Airport’s nearest
runway. The project site is within the C & D Compatibility Zones for the Chico Municipal Airport. The C & D
Compatibility Zone contains areas commonly overflown by aircraft as they enter or depart the traffic pattern.
The C Compatibility Zone with parcel zoned VLDR, west of the airport, allow a consistent parcel size of 1 acre.
The D Compatibility Zone has no residential density restrictions.
f) Impair implementation of or physically interfere with an adopted emergency response
plan or emergency evacuation plan?
No impact. The proposed project would design, construct, and maintain roadways in accordance with
applicable standards associated with vehicular access, resulting in the roadways that provide for adequate
emergency access and evacuation. The project does not include any actions that physically interfere with any
aemergency response or emergency evacuation plans. Development of the resultant parcels would add a small
70
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 38
Butte County August 2021
amount of trips onto the area roadways; however, area roadways and intersections would continue to operate
at an acceptable level of service. Future construction activities would be limited to extensions of county-
maintained roads adjacent to the project site.
g) Expose people or structures, either directly or indirectly, to a significant risk of loss,
injury, or death involving wildland fires?
Less than significant impact. The project site is not located in a Fire Hazard Severity Zone or in a State
Responsibility Area. It is in a Local Responsibility Area. Subsequent development on the resultant parcels is
not expected to expose structures or residents on the project site to a significant wildland fire risk. As an added
protection, Butte County Fire Department/CalFire requires construction of an all-weather access road at the
time of development. The road will be at least 10 feet wide with a vertical clearance of 15 feet to allow for
ingress and egress of a 40,000-pound fire apparatus to within 150 feet of all structures on the resultant parcels.
The project includes a pressurized water system that includes a dedicated well site (Lot A) and a fire hydrant.
The well and hydrant will be maintained part of a newly formed County Service Area.
71
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 39
Butte County August 2021
1.10 HYDROLOGY AND WATER QUALITY
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
X. Hydrology and Water Quality.
Would the project:
a) Violate any water quality standards or waste discharge
requirements or otherwise substantially degrade
surface or groundwater quality?
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin?
c) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:
i) Result in substantial on- or offsite erosion or
siltation;
ii) Substantially increase the rate or amount of
surface runoff in a manner which would result
in flooding on- or offsite;
iii) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted
runoff; or
iv) Impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk release
of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
Discussion
a) Violate any water quality standards or waste discharge requirements or otherwise
substantially degrade surface or groundwater quality?
Less than significant impact. The proposed development will result in residential parcels that utilize onsite
sewage disposal systems built in accordance with regulation found in the Butte County Local Agency
Management Program (LAMP). This regulation was established in accordance with the 2012 California Onsite
Wastewater Treatment System Policy and approved by the State Regional Water Quality Control Board in 2016
for, amongst other things, providing minimum standards for the protection of groundwater from contaminants
found in onsite wastewater. Several construction standards exist in the LAMP that are protective of
72
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 40
Butte County August 2021
groundwater from Nitrate contamination. One is the minimum vertical separation distance of 36 inches
between the bottom of a standard leachtrench and the highest extent of seasonal groundwater. Another is
that a standard leachtrench cannot be constructed deeper than 36 inches into native soil. The proposed
development is conditioned on designer specifications that the leachfield trenches will be shallower than this
standard found in the LAMP, at a maximum depth of 24 inches. This shallow leachtrench design is considered
a further protective measure against groundwater contamination. In addition, this proposed development
conforms to onsite wastewater system standards prescribed in a building moratorium imposed by the State
Water Board in 1990 for the area south of this development known for high Nitrate groundwater
contamination. This 1990 State Prohibition Order, now associated with the Chico Urban Area Nitrate
Compliance Program (CUANCP), requires a minimum one acre size for residential parcels that will be
developed with onsite wastewater systems. This one acre standard was deemed protective by the State for
groundwater that was already burdened with high nitrate levels caused from past agricultural practices or
onsite wastewater system use. The proposed development is in conformity with this standard despite the fact
that it is not associated with the CUANCP.
Butte County Environmental Health Division (BCEH) has received sample results for Nitrate from concerned
residents in the North Chico area East of Highway 99; two of the three samples were collected from the same
well between the years 2004 and 2019, the other sample was collected in 2008. All three sample results were
reviewed by BCEH and were found to be below the maximum contaminant level (MCL) for Nitrate in
groundwater as per the California Code of Regulations, Title 22. Additionally, BCEH reviewed sample results
for Nitrate in the groundwater taken for TSM18-0002 in 2020 as well as reviewed a historical sample result from
2013. Both sample results were below the MCL for Nitrate in groundwater and did not demonstrate an
increasing trend in Nitrate levels. BCEH has also reviewed sample results for Nitrate in the groundwater
submitted by regulated small public water systems (less than 200 service connections) in the North Chico area
East of Highway 99 from 2012 to present. Sample results do not demonstrate an increasing trend in Nitrate
levels during this time period.
For these reasons the Butte County Environmental Health Division does not recognize that substantive
evidence exists that onsite wastewater systems as proposed in this development will result in an increase of
Nitrate levels above levels deemed harmful for human consumption in groundwater aquifers used for domestic
purposes.
Butte County General Plan 2030 identifies the soil conditions of the project site has a moderate to high
potential to erode. Site development and future build-out of the resultant parcels would require grading,
excavation and general site preparation activities, which could result in erosion of on-site soils and
sedimentation during storm or high wind events. Erosion of on-site soils may temporarily impact surface water
quality and water quality within nearby waterways. Downstream impacts from erosion may include increased
turbidity and suspended sediment concentrations in waterways. Eroded soils also contains nitrogen,
phosphorous and other nutrients, that when deposited in water bodies, can trigger algal blooms that reduce
water clarity, deplete oxygen, and create odors.
During construction-related activities, specific and sediment erosion control methods will be implemented for
each construction activity would be implemented on the project site by construction personnel to reduce
potential for surface water pollution. The type and number of measures implemented would be based upon
location-specific attributes (i.e., slope, soil type, weather conditions). These control and protection measures,
or BMPs, are standard in the construction industry and are commonly used to minimize soil erosion and water
quality degradation.
Future construction activities are expected to be subject to the National Pollutant Discharge Elimination System
(NPDES) General Construction Activities Storm Water permit program, administered by the State Water Quality
Control Board, if one acre or more of land is disturbed as part of the larger common plan of development.
This program requires implementation of erosion and sediment control measures during and immediately after
construction that are designed to avoid significant surface stormwater pollution during the construction period.
Project operations that are under an MS4 permit would also be subject to the preparation, implementation
73
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 41
Butte County August 2021
and maintenance of permanent measures to reduce stormwater runoff from the project site. A condition of
approval reflecting the requirement of the applicant to obtain coverage under statewide Construction Permit
prior to grading activities, will be included with project approval.
b) Substantially decrease groundwater supplies or interfere substantially with
groundwater recharge such that the project may impede sustainable groundwater
management of the basin?
Less than significant impact. Domestic water to existing and planned uses on the resultant parcels would be
provided by groundwater extraction via individual wells. Section 12.0 of the Butte County Improvement
Standards outline the requirements of water supplies for proposed subdivisions and parcel maps. Proposed
subdivisions located outside an urban area and more than a 1,000 feet from an existing public water system,
or subdivisions consisting of four new lots or less, a domestic water for the proposed lots supply may be
supplied by individual wells. The quantity and quality of the groundwater for the proposed development is
reviewed by the Butte County Environmental Health Division by either a test well, a review of existing wells in
the area, or a statement from a licensed well driller together with a report by an engineering geologist or
hydrologist verifying that minimum well production for domestic purposes are achieved.
General Plan 2030 and the associated Environmental Impact Report included several actions and policies to
address groundwater supplies and sustain groundwater resources. Butte County also has adopted the Butte
County Integrated Water Resources Plan and Butte County Groundwater Management Plan, and has
performed an analysis of long-term water usage and supplies with the 2001 Butte County Water Inventory and
Analysis. The findings contained in these reports, together with the application of these existing policies and
plans, led Butte County to conclude that the growth anticipated with General Plan 2030 would have a less than
significant impact to groundwater supplies.
The proposed project would have a minimal net increase in impervious surfaces added to the project site from
the development of new residences or other structures such as from concrete foundations. The projected
increase would not cause a minimal reduction in surface infiltration or a decrease in deep percolation to the
underlying aquifers because density of the development would continue to provide open areas to allow for
runoff infiltration.
c) Substantially alter the existing drainage pattern of the site or area, including through
the alteration of the course of a stream or river or through the addition of impervious
surfaces, in a manner which would:
i) Result in substantial on- or offsite erosion or siltation;
Less than significant impact. Minimal vegetation removal and soil disturbance would occur during
clearing of building sites and for the access road (less than one acre). During construction-related
activities, specific erosion control and surface water protection methods for each construction activity
would be implemented on the project site by construction personnel. The type and number of
measures implemented would be based upon location-specific attributes (i.e., slope, soil type, weather
conditions). These control and protection measures, or BMPs, are standard in the construction industry
and are commonly used to minimize soil erosion and water quality degradation. Application of BMPs
administrated through the construction process would minimize the potential increase of surface
runoff from erosion.
ii) Substantially increase the rate or amount of surface runoff in a manner which
would result in flooding on- or offsite;
Less than significant impact. The proposed improvements will increase stormwater runoff (volume
and peak discharge) from the home sites due to an increase in impervious surface area. Consistent
with current development standards, and the North Chico Specific Plan environmental document, this
74
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 42
Butte County August 2021
project will be required to mitigate the post-development stormwater peak flow runoff leaving the
property to no more than 90% of the pre-development peak flow for all storm events, including 100-
year storm events. The drainage plan and design will need approval from Department of Public Works.
The applicant has preliminarily proposed stormwater retention/infiltration basin and drainage
retention swale/leach trenches to retain stormwater runoff on site. Based on the preliminary proposed
plan, stormater runoff will be designed to be retained onsite in underground stormwater facilities, and
discharge events under the 100-year recurrence interval are not planned to be discharged to any
existing or planned public stormwater facilities or channels. The retention of stormwater on-site
effectively reduces transport of surface stormwater pollution in the developed condition. During
construction, stormwater erosion and sediment pollution prevention measures will be required and
permitted by State Water Board to reduce potential for stormwater pollution.
iii) Create or contribute runoff water which would exceed the capacity of existing
or planned stormwater drainage systems or provide substantial additional
sources of polluted runoff; or
Less than significant impact. The proposed project includes additional impervious surfaces that will
generate additional runoff compared to pre-developed/existing conditions due to this modified
hydrologic condition. To mitigate this impact, the applicant has proposed stormwater
retention/infiltration basin and drainage retention swale/leach trenches to retain stormwater runoff
on site. Based on the preliminary proposed plan, stormwater runoff will not be discharged to any
existing or planned public stormwater facilities or channels, with the 100-year exceedance probability
storm event peak discharges being attenuated on-site. The attenuation volumes serve to capture and
retain the volume of runoff that will yield a runoff discharge from the site that is 10% less than the pre-
developed condition. The underground design accounts for saturated soils conditions. The retention
of stormwater on-site dramatically reduces the potential of off-site surface water pollution in the
developed condition. During construction, erosion and sediment control prevention measures will be
required to reduce potential for stormwater pollution.
iv) Impede or redirect flood flows?
Less than significant impact. . It is not anticipated that the proposed project would impede or redirect
flood flows. The site straddles the hydrologic basin between the Rock Creek/ Keefer Slough and Mud
Creek basins. The topography of the site and regions is relatively flat and the basins are not obvious,
but the site is located a relatively high location. Keefer Slough has a recent history of overbank flooding
to the northwest of the project site. Keefer Slough is located approximately 1,000 feet to the north and
theoverbank flooding in recent years has not been observed in the project site area. Previous FEMA
flood zone mapping has not shown this area as subject to flooding and is currently designated as
FEMA zone X (Unshaded). It is unclear if this area will be included in future 100-year flood zone
delineations. Due to distance from Keefer Slough and relatively higher elevation, the risk is less than
other areas. Due to the potential for this area to be included in future updated Special Flood Hazard
Areas (FEMA Flood Zone), a condition has been placed on the map to elevate structures at least two
feet above the highest adjacent grade
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project
inundation?
Less than significant impact. The existing floodplain mapping of the project area identifies the project site
being located within the X (shaded) zone. The X (shaded) zone is defined by FEMA as areas between the limits
of the 100-year base flood and the 0.2-percent-annual-chance (or 500-year) flood. Future site improvements
75
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 43
Butte County August 2021
would be reviewed by Butte County Public Works to ensure that surface flows would be adequately directed
to planned and existing stormwater drainage facilities.
The primary risk to this site would be extreme flood event as opposed to tsunami. The expected land use is
residential with one-acre lots, and the potential for large quantities or concentrations of harmful pollutants is
relatively low as compared to other land uses.
e) Conflict with or obstruct implementation of a water quality control plan or sustainable
groundwater management plan?
Less than significant impact. The project site is located within the Vina subbasin of the Sacramento Valley
groundwater basin bounded on the north at the Tehama County line, to the west by the Sacramento River, to
the south at the border of Western Canal Water District, and to the east by the edge of the alluvial basin as
defined by Bulletin 118. The Groundwater Sustainability Agencies in the Vina subbasin include Butte County,
the City of Chico, Durham Irrigation District and Rock Creek Reclamation District. Butte County, The City of
Chico and Durham Irrigation District are in the process of entering into a Joint Powers Agreement in order to
create a Groundwater Sustainability Agency in order to implement the requirements of the Sustainable
Groundwater Management Act including adoption of a basin management plan. As a basin management plan
has not been adopted for the Vina subbasin, the proposed project will not conflict, nor interfere with, the
attainment of the goals of the proposed plan.
76
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 44
Butte County August 2021
1.11 LAND USE AND PLANNING
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XI. Land Use and Planning.
Would the project:
a) Physically divide an established community?
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating
an environmental effect?
Environmental Setting
Butte County General Plan
The General Plan represents the community’s values, ideals and aspirations with respect to land use, development,
transportation, public services, and conservation policy that will govern Butte County through 2030. The Land Use
Element of the General Plan designates the land use of areas within the County, and includes a description of the
characteristics and intensity of each land use category. The land use designation for the proposed project site is as
follows:
Very Low Density Residential
This designation allows single-family dwellings at densities up to 1 dwelling unit per acre.
Butte County Zoning Ordinance
The Zoning Ordinance implements the goals and policies of the Butte County General Plan by regulating the uses of
land and structures within the County. The zoning of the proposed project site and the intended uses of the site are as
follows:
VLDR (Very Low Density Residential – 1-acre minimum parcel size)/RC (Resource Conservation)/AO-C & D
(Airport Overlay – C & D Compatibility Zones)
The purpose of the VLDR zone is to allow for single-family homes and related uses in residential neighborhoods
within the county. Standards for the VLDR zone are intended to preserve and protect the character of existing
neighborhoods and to ensure that new residential neighborhoods provide an appropriate transition from rural
to more developed areas. Permitted residential uses in the VLDR zones include single-family homes, small
residential care homes, second units and accessory dwelling units, animal grazing, on-site agricultural product
sales, and private stables. The VLDR zone also conditionally permits non-residential uses compatible with a
residential setting, including public and quasi-public uses, golf courses, park and recreational facilities, personal
services, animal-keeping, large residential care homes, and medical offices and clinics. The minimum permitted
parcel size in the VLDR zone is 1 acre. The VLDR zone implements the Very Low Density Residential land use
designation in the General Plan.
Butte County Airport Land Use Compatibility Plan
The basic function of the BCALUCP is to promote compatibility between the airports in Butte County and the
land uses that surround them. As adopted by the Butte County Airport Land Use Commission (BCALUC), the
BCALUCP serves as a tool for use by the BCALUC in fulfilling its duty under the California Public Utilities Code
to review airport and adjacent land use development proposals. Additionally, the BCALUCP sets compatibility
criteria applicable to local agencies in their preparation or amendment of land use plans and ordinances and
77
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 45
Butte County August 2021
to land owners in their design of new development. The project site is located within Compatibility Zone D of
the Chico Municipal Airport.
Compatibility Zones C & D
The project site is located within the C & D Compatibility Zone for the Chico Municipal Airport. The C & D
Compatibility Zone contains areas commonly overflown by aircraft as they enter or depart the traffic pattern.
The C Compatibility Zone with parcel zoned VLDR, west of the airport, allow a consistent parcel size of 1 acre.
The D Compatibility Zone has no residential density restrictions or lot size requirements.
North Chico Specific Plan
The North Chico Specific Plan was adopted in January 1995. The Plan area encompasses 3,590 acres bounded by
Sycamore Creek to the south, State Route 99 to the west, Rock Creek to the north and Chico Municipal Airport to the
east. The purpose of the North Chico Specific Plan is to comprehensively respond to development proposals and
incorporate them into a concept for land use for the area, while evaluating and providing for area-wide solutions to
drainage, circulation, and public services. Although development impact fees have been adopted to help fund various
improvements within the North Chico Specific Plan area, the funding mechanisms necessary to pay for all the needed
infrastructure have yet to be established.
Suburban Residential (SR-1 – 1-acre minimum parcel size)
The purpose of the SR-1 zone is to allow for single-family homes and related uses in residential neighborhoods
within the county. Standards for the SR-1 zone are intended to preserve and protect the character of existing
neighborhoods and to ensure that new residential neighborhoods provide an appropriate transition from rural
to more developed areas. Permitted residential uses in the SR-1 zones include single-family homes, accessory
dwelling units, accessory structures and agricultural uses, including keeping of animals. The SR-1 zone also
allows conditionally permitted uses, such as public and quasi-public uses, including churches, firehouses and
public utility buildings. The minimum permitted parcel size in the SR-1 zone is 1 acre. The SR-1 zone implements
the Very Low Density Residential land use designation in the General Plan.
Discussion
a) Physically divide an established community?
Less than significant impact. The project site area is characterized as residential land situated in the valley
region of Butte County, north and west of Chico, and on the east side of State Highway 99. The proposed
project of eight, one-acre plus, lots is consistent with the adjacent and surrounding residential development.
b) Cause a significant environmental impact due to a conflict with any land use plan,
policy, or regulation adopted for the purpose of avoiding or mitigating an environmental
effect?
Less than significant impact. The proposed project including future uses on the resultant parcels are consistent
with density and uses permitted under the General Plan land use, zoning designations and the North Chico
Specific Plan, for the project site. In addition, all impacts to the environment resulting from the proposed
project are subject to applicable mitigation and local, State and/or federal regulations, which would reduce
those impacts to less than significant levels. Therefore, impacts related to conflict with any applicable land use
plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to General
Plan 2030 or County ordinances) adopted for the purpose of avoiding or mitigating an environmental effect
are less than significant.
78
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 46
Butte County August 2021
1.12 MINERAL RESOURCES
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XII. Mineral Resources.
Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and
the residents of the state?
b) Result in the loss of availability of a locally important
mineral resource recovery site delineated on a local
general plan, specific plan, or other land use plan?
Discussion
a) Result in the loss of availability of a known mineral resource that would be of value to
the region and the residents of the state?
Less than significant impact. There are no known economically viable sources of rock materials in the
immediate vicinity of the project site. No mining operations have occurred on the project site or surrounding
area, and the project would not preclude future extraction of available mineral resources. Mineral resource
extraction is not proposed with this project. However, future development on the resultant parcels would use
mineral resources in the construction of structures and access roads. The amount of resources used for
development on the resultant parcels are minor and would not result in the loss of its availability.
b) Result in the loss of availability of a locally important mineral resource recovery site
delineated on a local general plan, specific plan, or other land use plan?
No impact. The project site is not within or near any designated locally-important mineral resource recovery
site.
79
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 47
Butte County August 2021
1.13 NOISE
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XIII. Noise.
Would the project result in:
a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the
project in excess of standards established in the local
general plan or noise ordinance, or in other
applicable local, state, or federal standards?
b) Generation of excessive groundborne vibration or
groundborne noise levels?
c) For a project located within the vicinity of a private
airstrip or an airport land use plan or, where such a
plan has not been adopted, within two miles of a
public airport or public use airport, would the project
expose people residing or working in the project area
to excessive noise levels?
Environmental Setting
The project site is located in the valley part of the County. The nearest noise sources to the project site are State
Highway 99, Chico Municipal Airport, agricultural operations and surrounding residential uses.
According to the Butte County General Plan 2030, noise is a concern throughout Butte County. Noise is discussed in
the Health and Safety Chapter of the Butte County General Plan 2030. Tables HS-2 and HS-3 in the County General
Plan (included as Tables 1.13-1 and 1.13-2 below) outline the maximum allowable noise levels at sensitive receptor land
uses.
Table 1.13-1. Maximum Allowable Noise Exposure Transportation Noise Sources
LAND USE
Exterior Noise Level Standard for
Outdoor Activity Areasa
Interior Noise Level
Standard
Ldn/CNEL, dB Leq, dBAb Ldn/CNEL, dB Leq, dBAb
Residential 60c - 45 -
Transient Lodging 60c - 45 -
Hospitals, nursing homes 60c - 45 -
Theaters, auditoriums, music halls - - - 35
Churches, meeting halls 60c - - 40
Office Buildings - - - 45
Schools, libraries, museums - 70 - 45
Playgrounds, neighborhood parks - 70 - -
Source: Table HS-2, Butte County General Plan 2030
a Where the location of outdoor activity areas is unknown, the exterior noise-level standard shall be
applied to the property line of the receiving land use.
80
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 48
Butte County August 2021
b As determined for a typical worst-case hour during periods of use.
c Where it is not possible to reduce noise in outdoor activity areas to 60 dB Ldn/CNEL or less using a
practical application of the best-available noise reduction measures, an exterior noise level of up to 65 dB
Ldn/CNEL may be allowed, provided that available exterior noise-level reduction measures have been
implemented and interior noise levels are in compliance with this table.
Table 1.13-2. Maximum Allowable Noise Exposure Non-Transportation Noise Sources
NOISE LEVEL DESCRIPTION
Daytime 7 am - 7 pm Evening 7 pm - 10 pm Night 10 pm - 7 am
Urban Non-Urban Urban Non-Urban Urban Non-Urban
Hourly Leq (dB) 55 50 50 45 45 40
Maximum Level (dB) 70 60 60 55 55 50
Source: Table HS-3, Butte County General Plan 2030
Notes:
1. “Non-Urban designations” are Agriculture, Timber Mountain, Resource Conservation, Foothill
Residential and Rural Residential. All other designations are considered “urban designations” for the
purposes of regulating noise exposure.
2. Each of the noise levels specified above shall be lowered by 5 dB for simple tone noises, noises
consisting primarily of speech or music, or for recurring impulsive noises. These noise level standards do not
apply to residential units established in conjunction with industrial or commercial uses (e.g. caretaker
dwellings).
3. The County can impose noise level standards which are up to 5 dB less than those specified above based
upon determination of existing low ambient noise levels in the vicinity of the project site.
4. In urban areas, the exterior noise level standard shall be applied to the property line of the receiving
property. In rural areas, the exterior noise level standard shall be applied at a point 100 feet away from the
residence. The above standards shall be measured only on property containing a noise sensitive land use. This
measurement standard may be amended to provide for measurement at the boundary of a recorded noise
easement between all affected property owners and approved by the County.
Table 1.13.1, above, identifies the maximum allowable noise exposure to a variety of land uses from transportation
sources, including from roadways, rail and airports. Table 1.13-2 identifies the maximum allowable noise exposure from
non-transportation sources. In the case of transportation noise sources, exterior noise level standards for residential
outdoor activity areas are 60 dB (Ldn/CNEL). However, where it is not possible to reduce noise in an outdoor activity
area to 60 dB Ldn /CNEL or less using a practical application of the best-available noise-reduction measures, an exterior
noise level of up to 65 dB may be allowed, provided that available exterior noise-level reduction measures have been
implemented and interior noise levels are in compliance with applicable standards.
Butte County Noise Ordinance
Chapter 41A, Noise Control, of the Butte County Code of Ordinance applies to the regulation of noise. The purpose of
the noise ordinance is to protect the public welfare by limiting unnecessary, excessive, and unreasonable noise. Section
41A-7 specifies the exterior noise limits that apply to land use zones within the County, which are provided in Table
1.13-2.
The Butte County Noise Ordinance provides the County with a means of assessing complaints of alleged noise violations
and to address noise level violations from stationary sources. The ordinance includes a list of activities that are exempt
from the provisions of the ordinance; however, some noise-generating activities associated with future residential uses
would not be considered to be exempt from the Noise Ordinance. Relevant information related to the exterior and
interior noise limits set out by the Butte County Noise Ordinance are included below.
Chapter 41A-9 Exemptions
The following are exempted activities identified in Chapter 41A-9 that are applicable to the proposed project:
81
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 49
Butte County August 2021
(f) Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real
property or public works project located within one thousand (1,000) feet of residential uses, provided said
activities do not take place between the following hours:
• Sunset to sunrise on weekdays and non-holidays;
• Friday commencing at 6:00 p.m. through and including 8:00 a.m. on Saturday, as well as not before 8:00
a.m. on holidays;
• Saturday commencing at 6:00 p.m. through and including 10:00 a.m. on Sunday; and,
• Sunday after the hour of 6:00 p.m.
Provided, however, when an unforeseen or unavoidable condition occurs during a construction project and
the nature of the project necessitates that work in process be continued until a specific phase is completed,
the contractor or owner shall be allowed to continue work into the hours delineated above and to operate
machinery and equipment necessary to complete the specific work in progress until that specific work can be
brought to conclusion under conditions which will not jeopardize inspection acceptance or create undue
financial hardships for the contractor or owner;
(g) Noise sources associated with agricultural and timber management operations in zones permitting agricultural
and timber management uses;
(h) All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural
crops during periods of adverse weather conditions or when the use of mobile noise sources is necessary for
pest control;
(i) Noise sources associated with maintenance of residential area property, provided said activities take place
between 7:00 a.m. to sunset on any day except Saturday, Sunday, or a holiday, or between the hours of 9:00
a.m. and 5:00 p.m. on Saturday, Sunday, or a holiday; and, provided machinery is fitted with correctly
functioning sound suppression equipment;
Chapter 41A-8 Butte County Interior Noise Standards
Interior noise standards discussed in Chapter 41A apply to all noise sensitive interior area within Butte County. The
maximum allowable interior noise level standards for residential uses is 45 dB Ldn/CNEL, which is designed for sleep
and speech protection. The typical structural attenuation of a residence from an exterior noise is 15 dBA when windows
facing the noise source is open. When windows in good condition are closed, the noise attenuation factor is around 20
dBA for an older structure and 25 dBA for a newer dwelling.
Table 1.13-3. Maximum Allowable Interior Noise Standards
NOISE LEVEL
DESCRIPTION Daytime 7 am - 7 pm Evening 7 pm - 10 pm Nighttime 10 pm - 7 am
Hourly Leq (dB) 45 40 35
Maximum Level (dB) 60 55 50
Source: Butte County Code Chapter 41A-8, Interior Noise Standards
82
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 50
Butte County August 2021
Discussion
a) Generation of a substantial temporary or permanent increase in ambient noise levels in
the vicinity of the project in excess of standards established in the local general plan
or noise ordinance, or in other applicable local, state, or federal standards?
Less than significant impact. No significant existing noise generating sources have been identified in the
project area. Noise levels contributed by the proposed project would include construction noise during future
build-out of the resultant parcels, occupancy of the single-family residences, and from agricultural-related
activities allowed in the zone. Construction noises associated with development of the resultant parcel would
primarily be from the use of heavy equipment, generators, employee vehicle trips and power tools.
Construction-related noises would be temporary and intermittent, and would not result in long-term noise
impacts. Compliance with Butte County Code provisions that exempt construction noise would ensure
construction activities occur during daytime hours, making potential impacts less than significant.
Typical noises contributed by residential and agricultural uses include landscaping equipment, automobile
traffic, power tools, domestic animals and heating and cooling systems. The noises generated by these activities
are not atypical or unusual for residentially zoned properties in the project area. These noises also would be
intermittent and separated from noise sensitive receptors, and would unlikely exceed County standards. In the
event noise levels exceed applicable noise standards, the County will review complaints in accordance with
Butte County Code Chapter 41A.
The nearest noise sources to the project site are State Highway 99, Chico Municipal Airport, agricultural
operations and surrounding residential uses. According to the Butte County General Plan Appendix C, Noise
Contour Map For 2030 Conditions, State Highway generates noise levels of 60 to 70 Ldn along and adjacent
to the highway. Due to the distance from State Highway 99 to the proposed lots, approximately 0.6 miles, the
future residential dwellings will be well outside the 60 Ldn area. The project site is located within the C & D
Compatibility Zone of Chico Municipal Airport. According to Exhibit 5-4, Compatibility Factors Map: Noise,
Chico Municipal Airport, the future residential dwellings will be approximately 0.7 miles west of the 55 dB CNEL
levels.
b) Generation of excessive groundborne vibration or groundborne noise levels?
Less than significant impact. The proposed project may involve temporary sources of groundborne vibration
and groundborne noise from the operation of heavy equipment during build-out of the proposed project and
resultant parcels. The type of heavy equipment typically used during residential construction would only
generate localized groundborne vibration and groundborne noise that could be perceptible at residences or
other sensitive uses in the immediate vicinity of the construction site. However, since the duration of impact
would be infrequent and would occur during less sensitive daytime hours (i.e., between 7:00 a.m. and 7:00
p.m.), the impact from construction-related groundborne vibration and groundborne noise would be less than
significant.
c) For a project located within the vicinity of a private airstrip or an airport land use plan
or, where such a plan has not been adopted, within two miles of a public airport or
public use airport, would the project expose people residing or working in the project
area to excessive noise levels?
Less than significant impact. The project is located 1.3 miles west of the Chico Municipal Airport’s nearest
runway. The project site is within the C & D Compatibility Zones for the Chico Municipal Airport. The C & D
Compatibility Zones contain areas commonly overflown by aircraft as they enter or depart the traffic pattern.
The D Compatibility Zone has no residential density restrictions. According to Exhibit 5-4, Compatibility Factors
Map: Noise, Chico Municipal Airport, the future residential dwellings will be approximately 0.7 miles west of
the 55 dB CNEL levels.
83
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 51
Butte County August 2021
1.14 POPULATION AND HOUSING
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XIV. Population and Housing.
Would the project:
a) Induce substantial unplanned population growth in
an area, either directly (for example, by proposing
new homes and businesses) or indirectly (for
example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing people or
housing, necessitating the construction of
replacement housing elsewhere?
Setting
The proposed project would result in the creation of eight parcels (one of which would be developed) that could
potentially be developed with a single-family residence, accessory structures and potential second dwelling units.
According to the United States Census Bureau, the average household size of an owner-occupied housing unit for
Butte County is 2.43. Based on the average household size within the county, and the potential number of housing
units that could be constructed on the parcel, the proposed project could add 17 to 36 new residents to the local
population.
Discussion
a) Induce substantial unplanned population growth in an area, either directly (for
example, by proposing new homes and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
Less than significant impact. Subdividing of the project site would facilitate the potential addition of seven
single-family residential units, which would directly result in growth in available housing and, if occupied, to
the local population. However, housing and population growth with this project would not be significant due
to the limited amount, and would not indirectly induce growth by creating new opportunities for local industry
or commerce. Construction activities associated with development of the residential units would not result in
any direct or indirect growth-inducing impacts to the county because construction activities would be
temporary, and construction workers would likely be drawn from the local work force. Growth in the project
area resulting from the project is planned, and is consistent with the applicable planning policies and zoning
ordinance.
b) Displace substantial numbers of existing people or housing, necessitating the
construction of replacement housing elsewhere?
No impact. The project site is currently is undeveloped. The proposed project would not result in the loss of
existing housing, or cause a significant increase in the local population that would displace existing residents,
necessitating the construction of additional housing.
84
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 52
Butte County August 2021
1.15 PUBLIC SERVICES
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XV. Public Services.
Would the project:
a) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered governmental facilities, or the need for new
or physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times, or other
performance objectives for any of the public services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
Setting
The General Plan reflects Butte County’s commitment to provide needed public services, infrastructure and facilities that
are accessible to and benefit all county residents. Applicants pay adopted fee(s) at the time of building permit to pay a
proportionate share of fire, police, school, parks, and other governmental services.
Fire Protection
The Butte County Fire Department (BCFD) and the California Department of Forestry and Fire Protection (CALFIRE) provide
fire and emergency services to the entire unincorporated county population, protecting over 1,600 square miles, with the
exceptions of the Cities of Chico and Oroville, the Town of Paradise and the El Medio Fire Protection District. Services
include the following; fire control for structural, vegetation, vehicular and other unwanted fires, emergency medical services
and rescue response, hazardous materials response, flood control assistance, public safety education, vegetation
management, and fire law enforcement/arson investigation.
Sheriff Services
The Butte County Sheriff’s Office is responsible for law enforcement, criminal investigation, and crime prevention in the
unincorporated areas of Butte County.
Schools/Public Education
The County Office of Education, Butte Community College, California State University, Chico and local school districts
provide public education in Butte County. The local school districts provide elementary and secondary education to the
municipalities and unincorporated areas of the county, while the Office of Education offers special education programs and
other related services to the individual districts within the county. Butte Community College is a two-year junior college and
California State University, Chico is a four-year university. School districts can be found on Figure PUB-1 of the General Plan.
85
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 53
Butte County August 2021
Parks
A wide variety of recreational facilities are found in Butte County, offering a variety of recreational opportunities to
residents and visitors. Federal, State, and local recreation lands are depicted in Figure PUB-2 of the General Plan.
Solid Waste
The Butte County Public Works Department assumed the daily operational responsibility of the Neal Road Landfill Facility
in 2003. The Neal Road Landfill is permitted to accept municipal solid waste, inert industrial waste, demolition materials,
and special wastes containing non-friable asbestos and septage. Current projections suggest the landfill has the operational
capacity to last through 2034.
The Solid Waste Management Facility Overlay, which is described in the Land Use Element of the General Plan, is
applied to the Neal Road Facility and its surrounding area. This Overlay permits uses that are accessory and/or related
to solid waste and/or septage disposal, as well as uses that are compatible with landfill operations. Waste diversion
programs, such as recycling, reuse and composting, are designed to reduce the environmental impacts and improve
the economic efficiency of waste management operations. Recycling, an essential practice for diverting solid waste
from landfills, is a fundamental part of the Butte County integrated waste management plan. Existing recycling activities
and programs are overseen and operated by the County at the Neal Road Facility and by the private sector at other
locations.
General Governmental Services
Butte County provides a wide variety of mandated services to resident of both incorporated and unincorporated areas with
the county. Services include behavioral health services, public health services, supportive services, social services, veterans’
services, among many more.
Discussion
a) Result in substantial adverse physical impacts associated with the provision of new or
physically altered governmental facilities, or the need for new or physically altered
governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times,
or other performance objectives for any of the public services:
Fire protection?
Less than significant impact. Fire protection services are provided by CalFire/Butte County Fire Department. Build-out
of the resultant parcels may incrementally increase the demand for fire protection services. However, the population
growth expected with this project is consistent with the planned growth documented in Butte County General Plan
2030. Additionally, Butte County Code requires the payment of fire protection impact fees to help offset the impacts
that new residential development has on the fire protection services. Such fees would be used to fund capital costs
associated with acquiring land for new fire stations, constructing new fire stations, purchasing fire equipment, and
providing for additional staff as needed. Fire protection impact fees would be paid at the time of building permit
issuance for a new dwelling unit. The project includes a pressurized water system that with a dedicated well site (Lot A)
and a fire hydrant. The well and hydrant will be maintained part of a newly formed County Service Area. Lot A will
dedicated to Butte County for the benefit of the CSA.
Police protection?
Less than significant impact. The Butte County Sheriff’s Office provides law enforcement service to the site.
Implementation of the proposed project could increase service calls if additional residential structures are built.
Increased development in rural areas impacts the ability of the Sheriff's Department to adequately provide services to
outlying areas. It is anticipated that project implementation would not require any new law enforcement facilities or the
86
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 54
Butte County August 2021
alteration of existing facilities to maintain acceptable performance objectives. The project’s increase in demand for law
enforcement services would be partially offset through project-related impact fees.
Schools?
Less than significant impact. The project site is located within the Chico Unified School District. Residential development
at the site would result in an incremental demand for school facilities in the area. A development impact fee for school
facilities will be assessed at the time of residential development on the resultant parcels. Impact fees would partially
offset any potential impact to area school facilities. While school districts maintain that these fees do not fully mitigate
the impacts of a project, the County is precluded from imposing additional fees or mitigation by State legislation.
Parks?
Less than significant impact. The project site is located within Chico Area Recreation and Park District (CARD). Build-
out of the resultant parcels would result in an incremental increase in the use of existing local and regional park facilities.
Development impact fees will be assessed at the time of residential development which will offset potential impacts to
park facilities.
Other public facilities?
Less than significant impact. The project does require a small extension of two county-maintained roads, but does not
require the extension of any water, or sewer systems. The project would result in added need for County services, such
as law enforcement, fire protection, libraries, and road maintenance. Butte County collects various types of development
impact fees to partially offset the cost and impacts associated with new residential units. These fees vary depending on
the dwelling type, and are collected at the time of development.
87
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 55
Butte County August 2021
1.16 RECREATION
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XVI. Recreation.
Would the project:
a) Increase the use of existing neighborhood and
regional parks or other recreational facilities such that
substantial physical deterioration of the facility would
occur or be accelerated?
b) Include recreational facilities or require the
construction or expansion of recreational facilities
that might have an adverse physical effect on the
environment?
Environmental Setting
A wide range of recreational facilities and recreational programs are found in Butte County, offering numerous
recreational opportunities to local residents and visitors. Federal, State and local recreation lands are displayed in
General Plan Figure PUB-2.
Discussion
a) Increase the use of existing neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be
accelerated?
Less than significant impact. The project site is located within the Chico Area Recreation & Park District (CARD).
CARD collects impact fees for new residential development, based on square footage. The project’s
contribution of up to three new residential dwellings would cause a minor increase in the usage of parks and
other recreational facilities in the Chico area. The collection of impact fees helps offset the increase in usage
of parks and other recreational facilities caused by the project. The project does not include any recreational
facilities nor would the project require the construction or expansion of recreational facilities.
b) Include recreational facilities or require the construction or expansion of recreational
facilities that might have an adverse physical effect on the environment?
No impact. The proposed project does not include plans for additional recreational facilities nor would it
require expansion of existing recreational facilities. Therefore, the proposed project would not result in any
adverse physical effects on the environment from construction or expansion of recreational facilities.
88
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 56
Butte County August 2021
1.17 TRANSPORTATION
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XVII. Transportation.
Would the project:
a) Conflict with a program, plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle, and pedestrian facilities?
b) Conflict or be inconsistent with CEQA Guidelines
Section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
c) Result in inadequate emergency access?
Discussion
a) Conflict with a program, plan, ordinance or policy addressing the circulation system,
including transit, roadway, bicycle, and pedestrian facilities?
Less than significant impact. The project site is located in an area with no existing transit, bicycle or pedestrian
facilities located on, or in the vicinity of, the project site. The nearest transit (bus) stop is located on southwest
side of State Highway 99 at Garner Lane. The proposed project has the potential to introduce seven (7) new
single-family dwellings and accessory uses to the residences that would generate minimal long-term changes
in traffic volumes. Vehicle traffic for a single-family residence is estimated to be approximately 9.52 vehicle
trips per day (ITE, 1997). Because the scope of the proposed project is relatively minor and would not result in
construction of a substantial amount of residential units, the increase in traffic levels would not create
substantial impacts to operating conditions of the area road network.
Construction activities associated with the construction of a future single-family residence has the potential to
generate short-term changes to traffic volumes on the area road network. Daily vehicle trips would be
generated with the arrival and departure of construction workers. Construction activities associated with a
single-family residence would be small-scale and of short-duration. As a result, the proposed project would
not cause long-term degradation in, or create substantial impacts to, the operating conditions or level of
service on any of the roadways in the project area.
The North Chico Specific Plan Circulation Element provides for a comprehensive circulation system that
includes streets, paths and trails designed to facilitate safe and efficient movement within and through the Plan
area for improved automobile, pedestrian, bicycle, and equestrian travel (Land Use Map, Figure 3-1 and
Circulation System, Figure 4-1). The circulation system does show the extension of Kittyhawk Drive along the
northern portion of the project site. The project tentative subdivision map includes an easement that will allow
the future extension, east from Garner Lane, through the project site, consistent with the North Chico Specific
Plan Circulation System (Figure 4-1).
89
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 57
Butte County August 2021
b) Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?
Less than significant impact. The project proposes the creation of eight (8) residential lots, one of which is
already developed with a residential dwelling, which is less than the threshold of residential lots for the need
to analyze vehicle miles traveled for the project.
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)?
Less than significant impact. The project proposes a single cul-de-sac to serve the eight proposed lots. The
cul-de-sac accesses off Garner Lane. The cul-de-sac centerline is 120 feet north of Rancho Road centerline and
270 feet south of Kittyhawk Drive centerline, both distances are consistent with the requirement of Butte County
Code subsection 20-138 (Street Intersection Offset). Garner Lane, both north and south of the proposed project
cul-de-sac, is straight and provides a clear line of site for future traffic entering or exiting the cul-de-sac.
Therefore, the project will not increase hazards due to project access or road design.
The project is conditioned to deed to Butte County roadway right-of-way for future construction of Kittyhawk
Drive extension. The right-of-way is located along the northern portions of proposed lots 1 through 4 and align
with the existing Kittyhwawk Drive and right-of-way on the west side of Garner Lane. The right-of-way
proposed alignment and connectivity to Garner Lane has been reviewed and approved by the Department of
Public Works.
d) Result in inadequate emergency access?
Less than significant impact. The project site is located in a Local Responsibility Area (LRA) for fire protection
and fronts on Garner Lane. The project proposed a cul-de-sac to serve the eight proposed lots. Future
residential development on the resultant parcels would have minor long-term impact on demand for
alternative transportation facilities due to the limited population growth to the project area. Construction
activities associated with future residential and access road development may generate short-term disruption
to area roadways from an anticipated increase in traffic levels. However, construction activities associated with
the proposed project would be temporary, and in compliance with a Butte County Encroachment Permit, which
would require traffic control implementation, if needed.
90
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 58
Butte County August 2021
1.18 TRIBAL CULTURAL RESOURCES
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XVIII. Tribal Cultural Resources.
Has a California Native American Tribe requested
consultation in accordance with Public Resources Code
section 21080.3.1(b)?
Yes No
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in
Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically
defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California
Native American tribe, and that is:
a) Listed or eligible for listing in the California Register
of Historical Resources, or in a local register of
historical resources as defined in Public Resources
Code section 5020.1(k)?
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in subdivision
(c) of Public Resource Code Section 5024.1, the lead
agency shall consider the significance of the
resource to a California Native American tribe?
Environmental Setting
Tribal Cultural Resources are defined as a site feature, place, cultural landscape, sacred place or object, which is of
cultural value to a Tribe and is either on or eligible for the California Historic Register, a local register, or a resource
that the lead agency, at its discretion, chooses to treat as such (Public Resources Code Section 21074 (a)(1)).
Butte County contains a rich diversity of archaeological, prehistoric and historical resources. The General Plan 2030 EIR
observes that the “archaeological sensitivity of Butte County is generally considered high, particularly in areas near
water sources or on terraces along water courses” (Butte County General Plan EIR, 2010, p. 4.5-7).
A substantial adverse change upon a historically significant resource would be one wherein the resource is demolished
or materially altered so that it no longer conveys its historic or cultural significance in such a way that justifies its
inclusion in the California Register of Historical Resources or such a local register (CEQA Guidelines Section 15064.5,
sub. (b)(2)). Cultural resources include prehistoric and historic period archaeological sites; historical features, such as
rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any
human-made site, object (i.e., artifact), or feature that defines and illuminates our past. Often such sites are found in
foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of
water.
91
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 59
Butte County August 2021
Discussion
Would the project cause a substantial adverse change in the significance of a tribal cultural
resource, defined in Public Resources Code section 21074 as either a site, feature, place,
cultural landscape that is geographically defined in terms of the size and scope of the
landscape, sacred place, or object with cultural value to a California Native American tribe,
and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a
local register of historical resources as defined in Public Resources Code section
5020.1(k)?
Less than significant impact with mitigation incorporated. Per AB 52 Notification Request, Public Resources
Code Section 21080.3(b), the County received three letters for notification. One was from the Torres Martinez
Cahuilla Indians, located in southern California near the Salton Sea. The second one from the United Auburn
Indian Community, located near the City of Auburn. The third was from the Mechoopda Indian Tribe of Chico
Rancheria. It was determined through discussion with the Torres Martinez Cahuilla Indians that they do not
identify lands within Butte County within their geographic area of traditional and cultural affiliation. The United
Auburn Indian Community provided a map of their area of traditional and cultural affiliation, which did not
include the project site. The Mechoopda Indian Tribe of Chico Rancheria area did identify lands in the project
area.
Implementation of Mitigation Measure TCR-1 would reduce potential impacts to a less than significant level.
b) A resource determined by the lead agency, in its discretion and supported by substantial
evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public
Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of
Public Resource Code Section 5024.1, the lead agency shall consider the significance of
the resource to a California Native American tribe?
Less than significant impact with mitigation incorporated. See response in a) above.
Mitigation Measures
Mitigation Measure TCR-1
Place a note on the final map and all building and site development plans for new construction as follows:
“Prior to commencement of ground disturbing activities on the project site the applicant shall notify the
Mechoopda Indian Tribe of Chico Rancheria. The Mechoopda Indian Tribe of Chico Rancheria shall be given
the option to have a tribal monitor present during all ground disturbing activities associated with the
development of the project.”
Plan Requirements: This measure shall in incorporated in the conditions of approval for the project and the note shall
be placed on all building and site development plans for new construction.
Timing: This measure shall be implemented during all site development activities.
Monitoring: The Department of Development Services shall work with the applicant/developer and the Mechoopda
Indian Tribe of Chico Rancheria to ensure a tribal monitor is given the opportunity to be on site during all ground-
disturbing activities.
92
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 60
Butte County August 2021
1.19 UTILITIES AND SERVICE SYSTEMS
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XIX. Utilities and Service Systems.
Would the project:
a) Require or result in the relocation or construction of
new or expanded water, wastewater treatment or
stormwater drainage, electric power, natural gas, or
telecommunication facilities, the construction or
relocation of which could cause significant
environmental effects?
b) Have sufficient water supplies available to serve the
project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
c) Result in a determination by the wastewater
treatment provider that serves or may serve the
project that it has adequate capacity to serve the
project’s projected demand, in addition to the
provider’s existing commitments?
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
e) Comply with federal, state, and local management
and reduction statutes and regulations related to
solid waste?
Environmental Setting
Solid Waste
Most municipal wastes are hauled to the Neal Road Recycling and Waste Facility, which is owned by Butte County and
managed by the Butte County Department of Public Works. The Neal Road Facility is located at 1023 Neal Road, one
mile east from State Highway 99, and seven miles southeast of Chico, on 190 acres owned by Butte County. The Neal
Road Facility is permitted to accept municipal solid waste, inert industrial waste, demolition materials, special wastes
containing nonfriable asbestos, and septage. Hazardous wastes, including friable asbestos, are not accepted at the
Neal Road Facility or any other Butte County disposal facility, and must be transported to a Class I landfill permitted to
receive untreated hazardous waste. The Facility has a design capacity of 25,271,900 cubic yards, and is permitted to
accept 1,500 tons per day; however, the average daily disposal into the landfill is approximately 466 tons. As of
November 2017, the remaining capacity of the Neal Road Facility is approximately 15,449,172 cubic yards, which would
give the landfill a service life to the year 2048 (Neal Road Recycling & Waste Facility, 2017).
93
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 61
Butte County August 2021
Discussion
a) Require or result in the relocation or construction of construction of new or expanded
water, wastewater treatment or stormwater drainage, electric power, natural gas, or
telecommunication facilities, the construction or relocation of which could cause
significant environmental effects?
Less than significant impact. Wastewater disposal for the proposed project would be provided by private, on-site
septic systems. The Butte County Environmental Health Division has performed a preliminary review of the
proposed project, and has indicated that future placement of an on-site septic system for the proposed parcels
would be possible. Soil profiles were conducted by a Certified Designer with Butte County Environmental
Health staff present during the site evaluation. Soils were evaluated in the areas proposed for leach field and
replacement.
In summary, the soil profiles indicated effective soil depths in excess of 60 inches and were found to vary widely
in consistency as follows: clay loam, silty clay loam, sandy clay loam, sandy loam and loamy sand. Proposed
lot 1 had an application rate of .8 gallons per day per square foot (gpd/sq. ft.) with gravity distribution and a
9,000 square foot Minimum Usable Waste Water Area (MUWA) or pressure distribution with a 6,000 square
foot MUWA. Proposed lots 2, 3 and 4 had an application rate of .3 gpd/sq.ft with pressure distribution and a
15,000 square foot MUWA. Proposed lot 5 had an application rate of .7 gpd/sq.ft. with standard gravity and a
12,000 square foot MUWA or 8,000 square foot MUWA with pressure distribution. Proposed lots 6, 7 had an
application rate of .8 gpd/sq.ft. with standard gravity and a 12,000 square foot MUWA or 8,000 square foot
MUWA with pressure distribution. Proposed lot 8 had an application rate of .3 gpd/sq.ft. and a 15,000 square
foot MUWA.
Using the combination of soils classification along with the certified designer’s suggestion and findings, Butte
County Department of Environmental Health agrees that per BCC Chapter 19-10 C., the Minimal Usable
Wastewater Area (MUWA) requirements have been met. A new on-site wastewater system will require a permit
issued by BCEH, but will not require further site evaluation if the proposed design is proposed in the areas
which were profiled in this study.
Therefore, the project would not have an impact on any wastewater treatment facilities because septic systems
would be utilized. The project site is currently served by electric power (PG&E) and wireless phone service. The
project would not result in the relocation or construction of new or expanded infrastructure including water
services, wastewater treatment, stormwater drainage, natural gas, or telecommunication facilities.
b) Have sufficient water supplies available to serve the project and reasonably foreseeable
future development during normal, dry and multiple dry years?
Less than significant impact. Domestic water to existing and planned uses on the resultant parcels would be
provided by groundwater extraction via individual wells. Section 12.0 of the Butte County Improvement
Standards outline the requirements of water supplies for proposed subdivisions and parcel maps. Proposed
land divisions located outside an urban area and more than a 1,000 feet from an existing public water system,
may have its domestic water supplied by individual wells. The quantity and quality of the groundwater for the
proposed development is reviewed by the Butte County Environmental Health Division by either a test well, a
review of existing wells in the area, or a statement from a licensed well driller together with a report by an
engineering geologist or hydrologist verifying that minimum well production for domestic purposes are
achieved. Additionally, a well permit is required by the County to ensure well drilling standards are achieved
and health and safety standards are met. Well production from new wells would be tested to determine if
sufficient output it available for the anticipated uses to occur on the resultant parcels. Based on these reviews,
existing groundwater supplies are anticipated to be available to the serve the proposed project, and no
additional or expanded entitlements are required for groundwater extraction and use.
94
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 62
Butte County August 2021
c) Result in a determination by the wastewater treatment provider that serves or may
serve the project that it has adequate capacity to serve the project’s projected
demand, in addition to the provider’s existing commitments?
Less than significant impact. Wastewater disposal for the proposed project would be provided by private, on-
site septic systems. No wastewater treatment provider currently serves the project area. Soils were evaluated
in the areas proposed for leach field and replacement.
In summary, the soil profiles indicated effective soil depths in excess of 60 inches and were found to vary widely
in consistency as follows: clay loam, silty clay loam, sandy clay loam, sandy loam and loamy sand. Proposed
lot 1 had an application rate of .8 gallons per day per square foot (gpd/sq. ft.) with gravity distribution and a
9,000 square foot Minimum Usable Waste Water Area (MUWA) or pressure distribution with a 6,000 square
foot MUWA. Proposed lots 2, 3 and 4 had an application rate of .3 gpd/sq.ft with pressure distribution and a
15,000 square foot MUWA. Proposed lot 5 had an application rate of .7 gpd/sq.ft. with standard gravity and a
12,000 square foot MUWA or 8,000 square foot MUWA with pressure distribution. Proposed lots 6, 7 had an
application rate of .8 gpd/sq.ft. with standard gravity and a 12,000 square foot MUWA or 8,000 square foot
MUWA with pressure distribution. Proposed lot 8 had an application rate of .3 gpd/sq.ft. and a 15,000 square
foot MUWA.
Using the combination of soils classification along with the certified designer’s suggestion and findings, Butte
County Department of Environmental Health agrees that per BCC Chapter 19-10 C., the Minimal Usable
Wastewater Area (MUWA) requirements have been met. A new on-site wastewater system will require a permit
issued by BCEH, but will not require further site evaluation if the proposed design is proposed in the areas
which were profiled in this study.
d) Generate solid waste in excess of State or local standards, or in excess of the capacity
of local infrastructure, or otherwise impair the attainment of solid waste reduction
goals?
Less than significant impact. Future development of the resultant parcels would result in a minor increase in
the stream of household waste being deposited in the Neal Road Recycling and Waste Facility. The California
Integrated Waste Management Board estimates that a typical residential household generates approximately
10 to 12 pounds of solid waste per day (4.9 pounds per person per day x average household size in Butte
County (2.44)). The Neal Road Facility has a maximum permitted throughput of 1,500 tons per day, and an
estimated current daily average throughout of 466 tons per day. Therefore, the facility would have adequate
capacity to accommodate solid waste generated by the project.
e) Comply with federal, state, and local management and reduction statutes and
regulations related to solid waste?
Less than significant impact. The proposed project would comply with statues and regulations related to solid
waste. Waste generated by the proposed project would consist only of domestic refuse, which would be
collected in approved trash bins and removed from the project site by a waste hauler or by the residents.
95
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 63
Butte County August 2021
1.20 WILDFIRE
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XX. Wildfire.
Is the project located in or near state responsibility areas
or lands classified as high fire hazard severity zones?
If located in or near state responsibility areas or lands
classified as very high fire hazard severity zones, would
the project:
Yes No
a) Substantially impair an adopted emergency response
plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire?
c) Require the installation of associated infrastructure
(such as roads, fuel breaks, emergency water
sources, power lines or other utilities) that may
exacerbate fire risk or that may result in temporary
or ongoing impacts to the environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
Environmental Setting
The project site is within a Local Responsibility Area (LRA), which means that the Butte Fire/Cal Fire has responsibility
for preventing and suppressing fires. The project site is not near a State Responsibility Area (SRA) or areas designated
as a high fire hazard severity zone. The nearest fire station (Cal Fire/Butte County Fire #38) is located at 13871 Highway
99, west of the project site, with an actual driving distance of approximately 2.2 miles.
Discussion
a) Substantially impair an adopted emergency response plan or emergency evacuation
plan?
No impact. There would be no lane closures involved in the proposed project that would constrict emergency
access or interfere with an emergency evacuation plan.
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby
expose project occupants to pollutant concentrations from a wildfire or the
uncontrolled spread of a wildfire?
Less than significant impact. The project site area is characterized as residential, agricultural and nearby
commercial lands situated in the valley region of Butte County, north and west of Chico, and on the east side
of State Highway 99. Surrounding uses include residential on lots ranging from 0.47 to 5 acres. It is not in an
96
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 64
Butte County August 2021
area that exposes occupants to wildfires. The entire north valley is subject to pollutant concentrations from
wildfire. The concentrations amount and duration are based on the proximity and duration of wildfires. They
are temporary and do not create a permanent impact.
c) Require the installation of associated infrastructure (such as roads, fuel breaks,
emergency water sources, power lines or other utilities) that may exacerbate fire risk
or that may result in temporary or ongoing impacts to the environment?
Less than significant impact. The proposed road to serve the eight (8) lots will not create additional fire risk or
create temporary or ongoing impacts to the environment.
d) Expose people or structures to significant risks, including downslope or downstream
flooding or landslides, as a result of runoff, post-fire slope instability, or drainage
changes?
Less than significant impact. The project area is generally flat, with a gentle slope from northeast to south
west. According to Figure HS-6, Landside Potential, of Butte County General Plan 2030, the project site has a
low to no potential of landslides.
97
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 65
Butte County August 2021
1.21 MANDATORY FINDINGS OF SIGNIFICANCE
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XX. Mandatory Findings of Significance.
a) Does the project have the potential to substantially
degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause
a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or
animal community, substantially reduce the number
or restrict the range of an endangered, rare, or
threatened species, or eliminate important examples
of the major periods of California history or
prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
(“Cumulatively considerable” means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future projects.)
c) Does the project have environmental effects that will
cause substantial adverse effects on human beings,
either directly or indirectly?
Discussion
a) Does the project have the potential to substantially degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species, cause a fish
or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant
or animal community, substantially reduce the number or restrict the range of an
endangered, rare, or threatened species, or eliminate important examples of the major
periods of California history or prehistory?
Less than significant impact with mitigation incorporated. The proposed project site was previously developed
with a residence, but was demoed. A new residence has been built on the project site (proposed lot 4). The
remaining area of the site is primarily grassland, weeds and forbs. The project will not substantially impact fish
or wildlife or their habitat. The project will not have impacts on biological resources which were analyzed in
this Initial Study, and all direct, indirect, and cumulative impacts were determined to have no impact or a less
than significant impact. No special status species were identified in the proposed development areas. It was
identified that Burrowing owls have been previously identified in the project area, so Mitigation Measure BIO-
1 is included to address potential impacts. The development of the proposed project would not cause fish or
wildlife populations to drop below self-sustaining levels or restrict the movement/distribution of a rare or
endangered species.
Development of the proposed project would not affect known historic, archaeological, or paleontological
resources. There are no known unique ethnic or cultural values associated with the project site, nor are known
98
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 66
Butte County August 2021
religious or sacred uses associated with the project site. Mitigation Measure CUL-1 has been identified to
confirm the presence or absence of subsurface cultural resources on the project site. Additionally, the project
applicant is required to comply with California Code of Regulations (CCR) Section 15064.5(e), California Health
and Safety Code Section 7050.5, and Public Resources Code (PRC) Section 5097.98 as a matter of policy in the
event human remains are encountered at any time. Adherence to Mitigation Measures CUL-1, as well as
regulations governing human remains, would reduce potential impacts to cultural and paleontological
resources to less than significant with implementation of mitigation. Mitigation Measure TCR-1 is included to
allow the Mechoopda Indian Tribe of Chico Rancheria the opportunity to observe during site disturbance.
b) Does the project have impacts that are individually limited, but cumulatively
considerable? (“Cumulatively considerable” means that the incremental effects of a
project are considerable when viewed in connection with the effects of past projects,
the effects of other current projects, and the effects of probable future projects.)
Less than significant impact with mitigation incorporated. The proposed project has either no impact, a less
than significant impact, or a less than significant impact with mitigation incorporated with respect to all
environmental issues pursuant to CEQA. Due to the limited scope of direct physical impacts to the environment
associated with the proposed project, the project’s impacts are primarily project-specific in nature.
The proposed project site is located within an area has been designated by the County for use. Short-term
construction-related air quality impacts that would result from construction of the site improvements and
build-out of the resultant parcels will be reduced to less than significant levels with implementation of
Mitigation Measure AIR-1. Mitigation Measure GHG-1, identified in this Initial Study, would reduce potential
impacts from the generation of greenhouse gas emissions to less than significant levels.
The cumulative effects resulting from build out of the Butte County General Plan 2030 were previously
identified in the General Plan EIR. The type, scale, and location of the proposed project is consistent with
County’s General Plan and zoning designation and is compatible with the pattern of development on adjacent
properties. Because of this consistency, the potential cumulative environmental effects of the proposed project
would fall within the impacts identified in the County’s General Plan EIR. Build-out of the resultant parcels is
subject to required “fair share” development impact fees, which will be paid at the time of development.
c) Does the project have environmental effects that will cause substantial adverse effects
on human beings, either directly or indirectly?
Less than significant impact with mitigation incorporated. There have been no impacts discovered through
the review of this application demonstrating that there would be substantial adverse effects on human beings
either directly or indirectly. However, the proposed project has the potential to cause both temporary and
future impacts to the area by project-related impacts relating to air, biological, greenhouse gas emissions and
cultural resources. With implementation of mitigation measures included in this Initial Study, these impacts
would be effectively mitigated to a less than significant level.
Authority for the Environmental Checklist: Public Resources Code Sections 21083, 21083.5.
Reference: Government Code Sections 65088.4.
Public Resources Code Sections 21080, 21083.5, 21095; Eureka Citizens for Responsible Govt. v. City of Eureka (2007)
147 Cal.App.4th 357; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th at 1109;
San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656.
99
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 67
Butte County August 2021
Environmental Reference Materials
1. Butte County. Butte County Airport Land Use Compatibility Plan. Butte County Airport Land Use Commission.
November 15, 2017. Available at http://www.buttecounty.net/Portals/10/Docs/ALUC/BCALUCP_11-15-
17/Butte_County_Airport_Land_ Use_Compatibility_Plan_2017-11-15.pdf
2. Butte County. Butte County Bicycle Plan. June 14, 2011. Available at
https://www.buttecounty.net/Portals/22/downloads/BikewayMastserPlan/5-23-
11%20FINAL%20Draft_County_Bike_Plan%20June%2014%202011%20with%20Table%20of%20Contents.pdf
3. Butte County. Butte County Climate Action Plan. February 25, 2014. Available at http://www.buttecap.net/
4. Butte County. Butte County General Plan 2030 Final Environmental Impact Report. April 8, 2010. Available at
http://www.buttegeneralplan.net/products/2010-08-30_FEIR/default.asp.
5. Butte County. Butte County General Plan 2030. October 26, 2010. Available at
http://www.buttecounty.net/dds/Planning/GeneralPlan/Chapters.aspx
6. Butte County. Butte County General Plan 2030 and Zoning Ordinance Amendments – Draft Supplemental
Environmental Impact Report. June 17, 2015. Available at http://www.buttegeneralplan.net/products/2012-05-
31_GPA_ZO_SEIR/default.asp
7. Butte County. Butte County General Plan 2030 Setting and Trends Report Public Draft. August 2, 2007. Available at
http://www.buttegeneralplan.net/products/SettingandTrends/default.asp.
8. Butte County. Butte County Code of Ordinances, Chapters 19, 20, 24 & 41A. Available at
https://www.municode.com/library/ca/butte_county/codes/code_of_ordinances/
9. Butte County. Butte County Department of Development Services GIS Data. February 2019.
10. Butte County Air Quality Management District. CEQA Air Quality Handbook – Guidelines for Assessing Air Quality
and Greenhouse Gas Impacts for Projects Subject to CEQA Review. October 23, 2014. Available at
https://bcaqmd.org/planning/air-quality-planning-ceqa-and-climate-change/
11. Butte County Public Works Department, Division of Waste Management. Joint Technical Document-Neal Road
Recycling and Waste Facility, Butte County, California. November 2017.
12. Butte County. North Chico Specific Plan. March 28, 1995
13. Butte County. North Chico Specific Plan Draft EIR. December 1993
14. Butte County.North Chico Specific Plan Final EIR. October 1994
15. California Department of Conservation. Fault-Rupture Hazard Zones in California. Altquist-Priolo Earthquake Fault
Zoning Act with Index to Earthquake Fault Zone Maps. Special Publication 42. Interim Revision. 2007.
16. California Department of Conservation, Division of Land Resource Protection. A Guide to the Farmland Mapping
and Monitoring Program. 2014.
17. California Department of Toxic Substance Control. 2009. Envirostor Database. Accessed on July 2021.
http://www.envirostor.dtsc.ca.gov/public.
18. California Department of Finance. Population and Housing Estimates for Cities, Counties, and the State, 2011-2018.
March 5, 2019.
100
Rowdy Estates Subdivision Tentative Subdivision Map (TSM20-0003) 68
Butte County August 2021
19. California Department of Water Resources, Northern Region Office. Geology of the Northern Sacramento Valley,
California. September 2014.
101
Mitigation Measures and Monitoring Requirements
Shelton/Jackson Tentative Subdivision Map (TSM20-0003)
Butte County Department of Development Services – Planning Division
7 County Center Drive
Oroville, CA 95928
530.552.3700
Mitigation Measure AIR-1
The following best practice measures to reduce impacts to air quality shall be incorporated by the project
applicant, subject property owners, or third-party contractors during construction activities on the project site.
These measures are intended to reduce criteria air pollutants that may originate from the site during the course
of land clearing and other construction operations.
Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater than 10,000
Pounds
• All on- and off-road equipment shall not idle for more than five minutes. Signs shall be posted in the
designated queuing areas and/or job sites to remind drivers and operators of the five-minute idling
limit.
• Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is prohibited.
• All construction equipment shall be maintained in proper tune according to the manufacturer’s
specifications. Equipment must be checked by a certified mechanic and determined to be running in
proper condition before the start of work.
• Install diesel particulate filters or implement other CARB-verified diesel emission control strategies.
• Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or
any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than
5 minutes at any location when within 100 feet of a restricted areas.
• To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce perk hour
emissions.
Operational TAC Emissions
• All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with applicable Airborne
Toxic Control Measures (ATCMs) promulgated by the CARB throughout the life of the project (see
http:www.arb.ca.gov/toxics/atcm/atcm.htm).
• Stationary sources shall comply with applicable District rules and regulations.
Fugitive Dust
Construction activities can generate fugitive dust that can be a nuisance to local residents and businesses near
a construction site. Dust complaints could result in a violation of the District’s “Nuisance” and “Fugitive Dust”
Rules 200 and 205, respectively. The following is a list of measures that may be required throughout the
duration of the construction activities:
• Reduce the amount of the disturbed area where possible.
• Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving
the site. An adequate water supply source must be identified. Increased watering frequency would be
required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used
whenever possible.
• All dirt stockpile areas should be sprayed daily as needed, covered, or a District approved alternative
method will be used.
102
Mitigation Measures and Monitoring Requirements
Shelton/Jackson Tentative Subdivision Map (TSM20-0003)
Butte County Department of Development Services – Planning Division
7 County Center Drive
Oroville, CA 95928
530.552.3700
• Permanent dust control measures identified in the approved project revegetation and landscape plans
should be implemented as soon as possible following completion of any soil disturbing activities.
• Exposed ground areas that will be reworked at dates greater than one month after initial grading
should be sown with a fast-germinating non-invasive grass seed and watered until vegetation is
established.
• All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil
binders, jute netting, or other methods approved in advance by the Butte County Air Quality
Management District.
• All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In
addition, building pads should be laid as soon as possible after grading unless seeding or soil binders
are used.
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site.
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least
two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance
with local regulations.
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and
equipment leaving the site.
• Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water
sweepers with reclaimed water should be used where feasible.
• Post a sign in prominent location visible to the public with the telephone numbers of the contractor
and the Butte County Air Quality Management District - (530) 332-9400 for any questions or concerns
about dust from the project.
All fugitive dust mitigation measures required should be shown on grading and building plans. In addition, the
contractor or builder should designate a person or persons to monitor the dust control program and to order
increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and
weekend period when work may not be in progress. The name and telephone number of such persons shall
be provided to the District prior to land use clearance for map recordation and finished grading of the area.
Please note that violations of District Regulations are enforceable under the provisions of California Health and
Safety Code Section 42400, which provides for civil or criminal penalties of up to $25,000 per violation.
Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently
with the map or on an additional map sheet. This note shall also be placed on all building and site development
plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works Department shall
ensure that the note is placed on a separate document which is to be recorded concurrently with the map or
on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte
County Air Pollution Control District inspectors shall respond to nuisance complaints.
103
Mitigation Measures and Monitoring Requirements
Shelton/Jackson Tentative Subdivision Map (TSM20-0003)
Butte County Department of Development Services – Planning Division
7 County Center Drive
Oroville, CA 95928
530.552.3700
Mitigation Measure BIO-1
Prior to any land disturbance or construction, a qualified biologist shall complete four surveys for burrowing
owl prior to the start of construction. The biologist should conduct 4 survey visits: 1) at least one site visit
between 15 February and 15 April, and 2) a minimum of three survey visits, at least three weeks apart, between
15 April and 15 July, with at least one visit after 15 June. Surveys should be conducted on the project site and
within 150 meters of areas that will be directly or indirectly impacted by the project, where feasible. Surveys
should not be conducted during inclement weather, when burrowing owls are typically less active and visible.
A report summarizing the survey including the qualifications of the biologist who performed the survey,
methods, and results should be provided to CDFW prior to the start of construction. If burrowing owls or
evidence of burrowing owls (e.g., whitewash or pellets) are not observed during surveys, no additional
mitigation is necessary. If the birds are present, then there is potential for impacts to occur and CDFW is
available to assist with the development of potential measures to offset impacts.
Plan Requirements: Perform surveys for burrowing owls. The note shall be placed on all building and site
development plans.
Timing: Requirements of the condition shall be adhered to prior to any land disturbance or construction
activities.
Monitoring: The Butte County Department of Development Services shall ensure the condition is met prior to
any land disturbance or construction activities.
Mitigation Measure BIO-2
If project construction activities, including ground disturbance or vegetation removal occur during the nesting
season for birds protected under the Migratory Bird Treaty Act (MBTA) and California Department Fish & Game
Code (CDFC) (approximately February 1 – August 31), the project proponent shall retain a qualified biologist to
perform preconstruction surveys for nesting bird species. Surveys to identify active bird nests shall be
conducted within and 250 feet around the footprint of proposed construction site. The survey shall be
conducted within 7 days prior to the initiation of construction activities. In the event that an active nest is
observed, a species protection buffer shall be established. The species protection buffer will be defined by the
qualified biologist based on the species, nest type and tolerance to disturbance. Construction activity shall be
prohibited within the buffer zones until the young have fledged or the nest fails. Nests shall be monitored by
a qualified biologist once per week and a report submitted to the Butte County Department of Development
Services.
Plan Requirements: Perform protocol-level surveys for migratory birds protected by the California Department
Fish & Game Code and the Migratory Bird Treaty Act. This measure shall be recorded on an additional map
sheet to the Final Map.
Timing: Requirements of the condition shall be adhered to prior to and during construction activities planned
to occur during nesting seasons for CDFC and MBTA species (between February 1 and August 31).
Monitoring: The Butte County Department of Development Services and the Public Works Department shall
ensure that the note is recorded an additional map sheet of the Map. Department of Development Services
shall ensure the condition is met at the time of construction activities.
104
Mitigation Measures and Monitoring Requirements
Shelton/Jackson Tentative Subdivision Map (TSM20-0003)
Butte County Department of Development Services – Planning Division
7 County Center Drive
Oroville, CA 95928
530.552.3700
Mitigation Measure CUL-1
If grading activities reveal the presence of prehistoric or historic cultural resources (i.e., artifact concentrations,
including arrowheads and other stone tools or chipping debris, cans glass, etc.; structural remains; human
skeletal remains) work within 50 feet of the find shall immediately cease until a qualified professional
archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. If
human skeletal remains are encountered, State law requires immediate notification of the County Coroner
(530.538.7404). If the County Coroner determines that the remains are in an archaeological context, the Native
American Heritage Commission in Sacramento shall be notified immediately, pursuant to State Law, to arrange
for Native American participation in determining the disposition of such remains. The provisions of this
mitigation shall be followed during the construction of all subdivision improvements, including land clearing,
road construction, utility installation, and building site development.
Plan Requirements: This note shall be placed on a separate document that is to be recorded concurrently with
the map or on an additional map sheet and shall be shown on all site development and building plans.
Timing: This measure shall be implemented during all site preparation and construction activities.
Monitoring: The Department of Development Services and/or Public Works Department shall ensure the note
is placed on a separate document which is to be recorded concurrently with the map or on an additional map
sheet. Should cultural resources be discovered, the landowner shall notify the Planning Division and a
professional archaeologist. The Planning Division shall coordinate with the developer and appropriate
authorities to avoid damage to cultural resources and determine appropriate action. State law requires the
reporting of any human remains.
Mitigation Measure GHG-1
Place a note on a separate document which is to be recorded concurrently with the map or on an additional
map sheet that states: “To the extent feasible, the project proponent shall implement the following measures
during construction-related activities and at the time of development to offset the anticipated contribution of
greenhouse gas emissions:
Support expansion of renewable energy systems. Prewire all new residential development to
support photovoltaic system installation.
Support efficiency in vehicles and landscaping equipment. Install electrical vehicle outlets on
external walls or in garages in all new residential development.
Improve fuel efficiency of equipment during construction-related activities. Minimize idling
time by either shutting equipment off when not in use or reducing the time of idling to no
more than 3 minutes.
Use clean or alternative fuel equipment.”
Plan Requirements: The measure shall be placed on an additional map sheet which is to be recorded with the
Final Map. This note shall also be placed on all building and site development plans.
Timing: Shall be implemented prior to issuance of building permits for residential development. Construction-
related measures shall be adhered to throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works Department shall
ensure that the measure is placed on a separate document which is to be recorded concurrently with the map
105
106
LOCATION MAPSITEMJ SHELTON HOLDINGS, LLCTENTATIVE SUBDIVISION MAP 20-00__RANCHO LANEROWDYGARNER LANE
OWNER/APPLICANTPROPERTY DATASURVEYORROLLS, ANDERSON & ROLLSHERBERT VOTAWPLS 8043115 YELLOWSTONE DRIVECHICO, CA 95973(530) 895-1422MJ SHELTON HOLDINGS, LLC13 JORDAN PLACE #100CHICO CA, 95973(530) 624-1440ASSESSORS PARCEL NUMBERS 047-710-008 AND047-710-009PARCEL AREA 9.56 ACRES ±EXISTING ZONINGVLDREXISTING GENERAL PLANVLDREXISTING LAND USEVACANTPROPOSED LAND USERESIDENTIALPARCEL AREA SUMMARYUTILITY SERVICESEWER SEPTICSTORM DRAIN SURFACE FLOW / LEACH TRENCHWATERWELLGAS & ELECTRICPG&ETELEPHONEAT&TCABLE T.V.COMCASTPROPOSED PARCELSPARCELS 1-89.56 AC. (416,819 SF)AVERAGE LOT SIZE±52,100 SFDENSITY0.84 UNITS/AC (GROSS)LEGENDROWDY ESTATES - PRIVATETYPICAL ROADWAY SECTION COUNTY STD. NCSP-8A.P.N. 047-710-008A.P.N. 047-710-002A.P.N. 047-670-025A.P.N. 047-670-024MICHAEL & JULIE JACKSONMICHAEL & JULIE JACKSON1367 EAST LASSEN AVENUE, SUITE A2CHICO, CA 95973(530) 895-1522LOT 851,168 SF1.17 ACLOT 743,567 SF1.00 ACLOT 643,838 SF1.01 ACLOT 569,853 SF1.60 ACLOT 148,820 SF1.12 ACLOT 247,275 SF1.09 ACLOT 343,608 SF1.00 ACLOT 465,690 SF1.51 ACA.P.N. 047-710-009CURVE TABLEROWDY ESTATESA PRIVATE ROAD SUBDIVISIONEASEMENT NOTEA.P.N. 047-710-007KITTYHAWKDRIVENOTESESTATESLOT A2,199 SF0.05 AC107