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HomeMy WebLinkAboutTPM23-0006 ZA Agenda ReportButte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 1 of 31 BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – July 5, 2023 Applicant: Scott Perkins Location: The project site is on the north and south sides of Cox Lane, approximately 1.5 miles east of Palermo- Honcut Highway, southeast of the community of Palermo (APNs: 027-230-002 and 027-230-110). Owners: Palermo Solar LLC File #: TPM23-0006 Request: Tentative Parcel Map to divide a 732± acre property (two parcels) into two parcels (93± & 256± acres) and a designated remainder of 384± acres. Supervisor District: 1 (Bill Connelly) Parcel Size: 732± acres Planner: Austin Forde Assistant Planner G.P.:AG (Agriculture) Attachments Zoning: AG-20 (Agriculture, 20 acre minimum A: CEQA Addendum Zone Date: December 10, 2012 B: Zoning Administrator Decision/Conditions of Approval APN: 027-230-002 & 110 C: Zoning Map D: Tentative Parcel Map E: TPM08-0007 Initial Study/Mitigated Negative Declaration RECOMMENDATION: Staff recommends the Zoning Administrator adopt the Addendum to the previously adopted Initial Study/Mitigated Negative Declaration (IS/MND) for TPM08-0007 and approve Tentative Parcel Map TPM23-0006, subject to the attached findings and conditions in Attachment A of this report. Pentz Road. 1 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 2 of 31 EXECUTIVE SUMMARY: The project proposes to divide a 732± acre property (two parcels) into two parcels (93± & 256± acres) and a designated remainder of 384± acres. The subject parcels are undeveloped, and located north and south of Cox Lane. The parcel frontage is unimproved without curb, gutter, and sidewalk. Both resultant parcels would be served by individual well and septic systems and would retain direct access from Cox Lane. PROJECT DESCRIPTION: Direction General Plan Designation Zoning Existing Land Use(s) North Rural Residential, Agriculture RR-5, AG-20 Residential, Agricultural East Agriculture AG-20 Residential, Agricultural South Agriculture AG-20, AG-80 Residential, Agricultural West Rural Residential, Agriculture RR-10, AG-20, AG-80 Residential, Agricultural •The project proposes to divide a 732± acre property (two parcels), designated as Agriculture (encompassing AG-20 zoning, with an Agriculture General Plan designation), into two parcels (93± & 256± acres) and a designated remainder of 384± acres. •The subject parcels lie north and south of Cox Lane, a County-maintained public cul-de-sac road. The parcel frontage is unimproved without curb, gutter, and sidewalk. •Future residential development would be served by on-site wells and septic systems. SITE CHARACTERISTICS: •The topography of the subject parcel consists of moderate downhill slopes from north to south, at an elevation of 225± to 375± feet above sea level. •The project site is primarily vegetated by grasses and oak trees. The northern one-third of the site is covered by oak woodland habitat. The southern two-thirds is grassland habitat. •Four seasonal streams/drainages pass through the property, three in a southerly direction and one, in the upper west corner of the site, in a northwest direction. •Per Butte County Code sec. 24-78 – Use Regulations, a 50-foot riparian setback will be applied from the on-site “blue line” streams for new development. •The subject parcel is bounded by agricultural (grazing) and low density residential land uses. •The subject parcels are zoned Agriculture and are adjacent to Agricultural zoning to the north, east, west, and south. Future residential development would be subject to a 300 ft. agricultural buffer per Butte County Code sec. 24-83 – Agricultural Buffer Setbacks. The Butte County Ag. Commissioner’s Office has conditioned that this setback be indicated from 2 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 3 of 31 existing and newly-created property lines on the final plat. Residential building sites are available outside of the applicable 300 ft. agricultural buffer. •Biological surveys conducted identified eleven (11) small to medium sized vernal pool/seasonal wetlands sites in the grazing and open land area. Residential building sites are available outside of the applicable 300 ft. agricultural buffer. •No portions of the subject parcels are located within any specific plan, overlay zone, Airport Compatibility Zone, or City’s Sphere of Influence. •According to Federal Emergency Management Agency (FEMA) floodplain mapping of the project area, the 305± acre parcel is located in an area of minimal flood hazard, and is labeled Zone X (unshaded). (https://www.fema.gov/flood-zones) ANALYSIS: General Plan and Zoning Consistency Butte County Code §24-12 A. (Agriculture (AG)) The purpose of the AG zone is to support, protect, and maintain a viable, long-term agricultural sector in Butte County. Standards for the AG zone maintain the vitality of the agricultural sector by retaining parcel sizes necessary to sustain viable agricultural operations, protecting agricultural practices and activities by minimizing land-use conflicts, and protecting agricultural resources by regulating land uses and development intensities in agricultural areas. Permitted uses include crop cultivation, animal grazing, stock ponds, and agricultural processing. More intensive agricultural activities, such as animal processing, dairies, hog farms, stables, forestry and logging, and mining and oil extraction, are permitted with the approval of a Conditional Use Permit. One (1) single-family home and one (1) accessory dwelling unit is permitted on each legally established parcel within the AG zone, and residential uses for agricultural employees are permitted as an accessory use within the AG zone. The minimum permitted parcel size in the AG zone ranges from twenty (20) acres to one hundred sixty (160) acres. The AG zone implements the Agriculture land use designation in the General Plan. The AG-20 zone implements the Agriculture land use designation in the General Plan. The proposed project’s two resultant parcels (93± and 256± acres) are consistent with the minimum parcel area standard (20 acres) of the AG-20 zoning designation. The proposed parcel widths of 2676’ and 5266’ are consistent with the minimum parcel width standard (65 ft.) of the AG-20 zoning designation. The remainder parcel size (384± acres) is also consistent with the minimum parcel size of the zone and is large enough to be further divided in the future. 3 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 4 of 31 Consistency of Project with General Plan Goals and Policy: General Plan 2040 Goals and Policies Consistency Review WATER RESOURCE ELEMENT GOAL W-2. Ensure an abundant and sustainable water supply to support all uses in Butte County. Consistent. This goal is more specifically reviewed in the discussion of the policies below. W-P2.9. Applicants for new major development projects, as determined by the Department of Development Services, shall demonstrate adequate water supply to meet the needs of the project, including an evaluation of potential cumulative impacts to surrounding groundwater users and the environment in accordance with local Groundwater Sustainability Plans. Consistent. The resultant parcels would be served by on-site well and septic, to the satisfaction of Butte County Environmental Health. GOAL W-3. Protect and manage groundwater resources in Butte County. Consistent. This goal is more specifically reviewed in the discussion of the policies below. W-P3.2. The County shall protect groundwater recharge and groundwater quality when considering new development projects.* Consistent. Future development would result in only a minor increase in impervious surfaces from the construction of concrete foundations and driveways. Thus, the proposed project would not cause a measurable reduction in surface infiltration or a decrease in deep percolation to the underlying aquifers. At the time of development, proposed improvements would be evaluated by the Butte County Public Works Department to ensure that stormwater runoff is appropriately retained on-site to allow for groundwater recharge and improved water quality. GOAL W-5. 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-P5.6. New development projects shall adopt best management practices for water use efficiency and demonstrate specific water conservation measures.* Consistent. Future development would be subject to California Green Building Standards Code and other California regulations, which contains specific measures for water conservation of residential and non-residential buildings. GOAL W-6. Protect water quality through effective stormwater management. Consistent. This goal is more specifically reviewed in the discussion of the policies below. 4 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 5 of 31 General Plan 2040 Goals and Policies Consistency Review W-P6.1. New development projects shall identify and adequately mitigate their water quality impacts from stormwater runoff. Consistent. At the time of development, proposed improvements would be evaluated by the Butte County Public Works Department to ensure that stormwater runoff is appropriately retained on-site to allow for groundwater recharge and improved water quality. CONSERVATION AND OPEN SPACE ELEMENT 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. Cal Green development measures will be applied in the design of future development, at the time of the building permit application. 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. Sensitive seasonal wetland/vernal pool habitat with the potential for special-status species was identified by the adopted IS/MND, and appropriate mitigation measures have been applied to protect such features. 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. Building sites located away from wetland and riparian areas are noted on the revised plat. COS-P7.8. Where sensitive on-site biological resources have been identified, construction employees operating equipment or engaged in any development-associated activities involving vegetation removal or ground disturbing activities in sensitive resource Consistent. Sensitive seasonal wetland/vernal pool habitat with the potential for special-status species was identified by the adopted IS/MND, and appropriate mitigation measures have been applied to protect such features. 5 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 6 of 31 General Plan 2040 Goals and Policies Consistency Review areas shall be trained by a qualified biologist and/or botanist who will provide information on the on-site biological resources (sensitive natural communities, special-status plan and wildlife habitats, nests of special-status birds, etc.), avoidance of invasive plan introduction and spread, and the penalties for not complying with biological mitigation requirements and other State and federal regulations.* 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. Sensitive seasonal wetland/vernal pool habitat with the potential for special-status species was identified by the adopted IS/MND, and appropriate mitigation measures have been applied to protect such features. GOAL COS-17. Maintain and enhance the quality of Butte County's scenic and visual resources. Consistent. This goal is more specifically reviewed in the discussion of the policies below. COS-P17.1. Views of Butte County's scenic resources, including water features, unique geologic features and wildlife habitat areas, shall be maintained.* Consistent. No portion of the project area has been identified as a scenic resource. AGRICULTURE ELEMENT GOAL AG-5. Reduce conflicts between urban and agricultural uses and between habitat mitigation banking and agricultural uses. Consistent. This goal is more specifically reviewed in the discussion of the policies below. AG-P5.3. The Zoning Ordinance shall require that a buffer be established on property proposed for residential development in order to protect lands designated Agriculture by the General Plan and zoned Agriculture under the Zoning Ordinance from Consistent. The Agricultural Commissioner’s Office has applied an Agricultural Buffer Setback for future residential development as a condition of approval. 6 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 7 of 31 General Plan 2040 Goals and Policies Consistency Review incompatible use conflicts. The desired standard shall be 300 feet but may be adjusted to address unusual circumstances. 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. No substantial transportation or non-transportation noise sources have been identified in the project area. HS-P1.2. Noise from transportation sources shall not exceed land use compatibility standards in Table HS-2.* Consistent. No substantial transportation or non-transportation noise sources have been identified in the project area. 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. Construction activities associated with future development would be consistent with the County's Noise Control Ordinance. GOAL HS-3. Prevent and reduce flooding. Consistent. This goal is more specifically reviewed in the discussion of the policies below. HS-P3.2. Applicants for new development projects shall provide plans detailing existing drainage conditions and specifying how runoff will be detained or retained on-site and/or conveyed to the nearest drainage facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility.* Consistent. Future development permits would be reviewed by the County Public Works Department, and may require drainage and stormwater detention plans as a condition of permit approval. 7 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 8 of 31 General Plan 2040 Goals and Policies Consistency Review 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.* GOAL HS-11. Reduce risks from wildland and urban fire. Consistent. This goal is more specifically reviewed in the discussion of the policies below. HS-P11.1. Fire hazard risk mitigation shall be considered in all land use and zoning decisions, environmental review, subdivisions review, and the provision of public services. Consistent. The project is located in the State Responsibility Area. Future construction, installation, or development of buildings and/or roads, driveways, gates and bridges on parcels/lots would comply with the current adopted California Fire Code and current Butte County Improvement Standards, whichever is stricter. HS-P11.5. New development projects shall meet current County building and fire requirements and California Fire Safe Regulations. Consistent. The project meets current fire safe standards. Permits for new development would be reviewed by County Fire and Building Departments to ensure that projects have adequate water storage, access, defensible space, building construction, and other fire protection standards. GOAL PUB-13. Plan adequate wastewater infrastructure to serve new development. Consistent. This goal is more specifically reviewed in the discussion of the policies below. PUB-P13.2. New development projects shall demonstrate the availability of a safe, sanitary, and environmentally sound wastewater system. Consistent. Permits for new development projects are reviewed by the Butte County Division of Environmental Health to ensure the availability of safe, sanitary and environmentally sound wastewater system is provided. Wastewater systems are reviewed in compliance with Chapter 19 of Butte County Code (On-Site Wastewater Systems). PUB-P13.3. For development projects that will rely on on-site wastewater systems, applicants shall provide detailed plans demonstrating that the system will be adequate to serve the project. 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. 8 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 9 of 31 Butte County Agricultural Commissioner’s Office The Agricultural Commissioner’s Office provided clearance for the project, applying a condition of approval, and noting that as the project site is zoned agriculturally, and bounded by Agricultural zoning to the north, east, south, and west, new residential development upon the resultant parcels will be subject to BCC sec. 24-83 - Agricultural Buffer Setbacks. Adequate building sites exist on the proposed parcels necessary to accommodate the Agricultural Buffer Setback (300 ft.). Butte County Fire/CAL FIRE Butte County Fire Department/CAL FIRE provided both clearance for the project and conditions of approval as included below. Butte County Environmental Health Division Environmental Health provided both clearance for the project and conditions of approval as included below. Butte County Public Works Public Works provided both clearance for the project and conditions of approval as included below. The Northeast Information Center The NEIC conducted a review and returned the comment that no Prehistoric or Historic sites have been recorded within the project area. No further archeological analysis or mitigation is deemed necessary. ENVIRONMENTAL REVIEW/CEQA ISSUES On April 25, 2013, the Butte County Planning Commission adopted the Initial Study/Mitigated Negative Declaration for Tentative Parcel Map TPM08-0007 (South Oroville Land Development, LLC) for a 28-lot subdivision on the subject parcels. The Initial Study/Mitigated Negative Declaration for the approved map was prepared pursuant to the California Environmental Quality Act to evaluate the impacts of the proposed project, and determined there would be potential environmental impacts in the following areas: •Air Quality - dust control during site development activities •Biological Resources – vernal pools/seasonal wetlands; seasonal streams; oak trees •Cultural Resources - discovery of potential cultural resources •Geology/Soils •Hazards/Hazardous Material – Fire Safety •Hydrology/Water Quality •Land Use Planning 9 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 10 of 31 •Noise – Construction-related noise •Public Services - Fire safety related to residential development •Transportation/Traffic – Access The adopted Initial Study and Mitigated Negative Declaration, which is attached to this agenda report, recommended sixteen mitigation measures to reduce potential environmental impacts to a less than significant level. An Addendum has been prepared for the current project (TPM23- 0006) pursuant to CEQA Guidelines §15164, as the project does not exceed the level of impacts identified in the previous Mitigated Negative Declaration, and applicable mitigation measures have been applied. It was determined the project does not exceed the level of impacts identified in the previously adopted Mitigated Negative Declaration for the previously-approved Tentative Parcel Map (TPM08-0007) and an Addendum was done to the adopted IS/MND, and therefore the collection of fees pursuant to Fish and Game Code Section 711.4 is not required. The previously adopted Initial Study/Mitigated Negative Declaration for TPM08-0007 was sent to the Governor’s Office of Planning and Research, State Clearinghouse (State Clearinghouse No. 2012072033), because there were Responsible or Trustee Agencies that will exercise jurisdiction by law over natural resources affected by the project (CA Government Code §15073(d)). A legal notice with a 30-day review period (July 19, 2012 – August 17, 2012) was mailed to surrounding landowners within at least 300 feet of the project site, and a notice was placed in the Chico Enterprise Record. PUBLIC COMMENT Staff received no public comment by the time of agenda report creation. 10 ADDENDUM to the Initial Study/Mitigated Negative Declaration (SCH #2012072033) for Tentative Parcel Map TPM23-0006 (Scott Perkins) BUTTE COUNTY Department of Development Services Planning Division 7 County Center Drive, Oroville CA 95965 530.552.3684 July 2023 Butte County Department of Development Services Addendum to the Initial Study/Mitigated Negative Declaration (SCH #2012072033) Tentative Parcel Map TPM23-0006 (Scott Perkins) Page 1 of 3 ATTACHMENT A BUTTE COUNTY Department of Development Services 11 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 12 of 31 INTRODUCTION On April 25, 2013, the Butte County Planning Commission adopted the Initial Study/Mitigated Negative Declaration for Tentative Parcel Map TPM08-0007 (South Oroville Land Development, LLC) for a 28-lot subdivision on the subject parcels. The Initial Study and Mitigated Negative Declaration (IS/MND) evaluated the impacts of a Tentative Parcel Map to divide two parcels totaling 732± acres into 28 parcels, with resultant parcels ranging in size from 20± to 52± acres. The approved project will expire on 4/25/2026, but has not been recorded, and the owner has stated their intentions to proceed with the new Tentative Parcel Map, TPM23-0006, for a division of the same lands into two lots and a designated remainder. This document serves as an Addendum to the previously adopted Mitigated Negative Declaration for Tentative Parcel Map TPM08-0007 (State Clearinghouse No. 2012072033), and has been prepared in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines §15164. The project does not exceed the level of impacts identified in the previous Mitigated Negative Declaration, though additional analysis is provided within this Addendum under the Interim VMT (Vehicle Miles Traveled) thresholds adopted by Butte County on April 26, 2022. Additional information and technical analyses for the proposed Addendum and the adopted Mitigated Negative Declaration (MND), are available for review at: Butte County Department of Development Services Austin Forde, Assistant Planner 530.552.3686 │ aforde@buttecounty.net STATUTORY BACKGROUND Under the California Environmental Quality Act (CEQA), an Addendum to a certified Environmental Impact Report (EIR) or Negative Declaration is needed if minor technical changes or modifications to the proposed project occur (CEQA Guidelines §15164). In addition, pursuant to CEQA Guidelines §15162, preparation of an Addendum to a Negative Declaration is appropriate unless subsequent changes are proposed in the project, physical circumstances have changed on the subject property, or new information of substantial importance becomes available and this results in new significant impacts or a substantial increase in the severity of previously identified significant impacts. The addendum need not be circulated for public review (CEQA Guidelines §15164[c]); however, an addendum is to be considered by the decision making body prior to making a decision on the project (CEQA Guidelines §15164[d]). This Mitigated Negative Declaration Addendum demonstrates that the environmental analysis, impacts, and mitigation requirements identified in the Mitigated Negative Declaration remain substantively unchanged by the situation described herein. The Addendum supports the finding that the proposed project does not result in any new impacts and does not exceed the level of 12 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 13 of 31 impacts identified in the previous Mitigated Negative Declaration due either to project modifications, physical changes on the property, or new information. ANALYSIS OF VMT IMPACTS Senate Bill 743 (SB 743) was approved in 2013 and revised the method for assessing transportation impacts under CEQA. The Office of Planning and Research (OPR), as of July 1, 2020, requires the use of vehicle miles travelled (VMT) as the required metric to replace the automobile delay-based Level of Service (LOS). The VMT assessment is required to satisfy CEQA guidelines that utilize VMT as the required metric to determine transportation impacts. The VMT assessment is based on the criteria outlined in the Butte County Association of Governments (BCAG) SB 743 Implementation Study Document (June 24, 2021). According to the BCAG Implementation Study Document, there are several criteria that can be applied to screen projects from VMT project-level assessments. The purpose is to screen out projects that are presumed to have a non-significant transportation impact based on the facts of a project and to avoid unnecessary analysis and findings that would be inconsistent with the intent of SB 743. On April 26, 2022, The Board County Board of Supervisors adopted Interim Transportation Thresholds of Significance under the California Environmental Quality Act for Vehicle Miles Traveled (VMT). These thresholds are considered interim as modifications will occur over time, and State initiatives may change how the County will need to analyze VMT for development projects. This action complies with SB 743 and applies VMT thresholds that are appropriate for the unique needs of the County. The Implementation Study, VMT Impact Screening section, contains five VMT impact screening options. The proposed project would meet the definition of a Small Project, which is defined as a project estimated to generate fewer than 110 daily vehicle trips. Thus, the project would have a less than significant impact with respect to VMT and no VMT analysis would be required. CONCLUSION In preparing this addendum, all of the potential impacts identified on the CEQA “Environmental Checklist Form” were considered. For all impact areas, staff’s review indicates that although the modified project is inconsistent with the original design, no information has been put forth that would change the environmental analysis. Traffic, transportation/circulation, air quality, noise and other environmental conditions have not changed significantly since the Initial Study/Mitigated Negative Declaration was adopted on 4/25/2013. Therefore, the project would have no impact(s) not already identified in the Mitigated Negative Declaration, nor would it result in a substantial increase in the severity of previously identified significant impacts. In summary, the analysis concludes that none of the conditions described in Section 15162 of the CEQA Guidelines calling for preparation of a subsequent EIR or Negative Declaration have occurred, and thus an Addendum to the Mitigated Negative Declaration is appropriate to satisfy CEQA requirements for the proposed project. 13 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 14 of 31 ATTACHMENT B BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN23-XXXX TENTATIVE PARCEL MAP TPM23-0006 (Scott Perkins) The project proposes to divide a 732± acre property (two parcels) into two parcels (93± & 256± acres) and a designated remainder of 384± acres. The subject parcels are undeveloped, and located north and south of Cox Lane. The parcel frontage is unimproved without curb, gutter, and sidewalk. Both resultant parcels would be served by individual well and septic systems and would retain direct access from Cox Lane. The project site is on the north and south sides of Cox Lane, approximately 1.5 miles east of Palermo-Honcut Highway, southeast of the community of Palermo. APN: 027-230-002 and 027-230-110 July 5, 2023 I.The Zoning Administrator has considered the Addendum to the adopted MitigatedNegative Declaration (State Clearinghouse No. 2012072033), in accordance withrequirements of the California Environmental Quality Act (CEQA), and adopts theAddendum to the adopted Mitigated Negative Declaration with the following findings: A.An Initial Study/Mitigated Negative Declaration (IS/MND) was completed for Tentative Parcel Map TPM08-0007 in compliance with the CaliforniaEnvironmental Quality Act, and adopted by the Butte County PlanningCommission on April 25, 2013 (State Clearinghouse No. 2012072033). B.An Addendum to the adopted MND was prepared pursuant to CEQA Section15164. The Addendum evaluated any proposed amendments to the original project, any change in circumstances, or any new information since the MND was adopted,to determine if an additional environmental review or preparation of a subsequentMND to the adopted MND is required. Said Addendum did not identify any newsignificant environmental effects. C.On the basis of the whole record before the Zoning Administrator, including the Addendum, adopted Mitigated Negative Declaration, and any comments received,there is no substantial evidence that the Tentative Parcel Map, filed by ScottPerkins, Planning Division File No. TPM23-0006, would have a significant effecton the environment. D.The custodian of the record is the Land Development Division of the Public Works Department. The location of the record is 7 County Center Drive, Oroville CA95965. E.The Addendum to the adopted Mitigated Negative Declaration reflects theindependent judgment and analysis of the County, which is the Lead Agency. 14 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 15 of 31 II.Finds that the project does not exceed the level of impacts identified in the previousMitigated Negative Declaration for the previously-approved Tentative Parcel Map and anAddendum was done to the adopted MND, and therefore the collection of fees pursuant to Fish and Game Code Section 711.4 is not required. III.Approves Tentative Parcel Map TPM23-0006 for Scott Perkins subject to the conditionsfound in Exhibit “A” and the following findings: A.The proposed map is consistent with the AG-20 (Agriculture, 20 acre minimum) andzone. Proposed lots meet minimum parcel areas and widths and support agricultural and single-family residential uses, consistent with the purpose of and allowed uses in theAG-20 zone (BCC sec. 24-12 A). B.The project is substantially consistent with applicable Goals and Policies of the ButteCounty General Plan based on the consistency review in the staff report. In addition, there is no substantial evidence in the whole record to support any of the findings inGovernment Code Section 66474 requiring denial of the tentative parcel map. C.The design and improvements of the proposed parcel map are consistent with Countystandards and policies provided all conditions of project approval are met. Comments/conditions received from Butte County Departments and other Agencies were reviewed and incorporated into the project analysis and proposed project conditions. Design and improvements of the proposed Parcel Map are consistent withCounty standards and policies. D.The project site is physically suitable for the use and density of the proposeddevelopment. The proposed parcel sizes are consistent with the minimum parcel area requirements of the AG-20 (20-acre minimum) zone. Future single-family residential developmentwould be consistent with the primary allowed land uses in the AG-20 zone. E.The design and improvements of the project will not conflict with easements acquired by the public at large for access through or use of property within the proposed parcel map provided the attached conditions are met. No easements would be abandoned with the proposed map. F.The project site is not located within an earthquake fault zone. There is only one known active fault within Butte County and it is located approximately 20 miles to the east. G.Approval of this project will not be detrimental to the public health, safety, and welfareprovided the required conditions and mitigation measures are complied with. No adverse or detrimental effects to the environment or public health, safety, andwelfare have been identified as resulting from the project, from agency and departmental review, or from staff analysis. 15 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 16 of 31 H.The roads in the project area have the capacity to handle the increase in vehicular trafficgenerated by the project. The addition of four residential dwellings and accessory uses would have a negligible effect on local or regional traffic. Approved By: Date: 16 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 17 of 31 CONDITIONS OF APPROVAL: Planning Division. 1.Mitigation Measure #1: The following measures shall apply to all development activities (excluding normalagricultural operations) on the project site. Additionally, a note shall be placed on a separatedocument which is to be recorded concurrently with the map or on an additional map sheet thatstates: “Dust generated by the development activities shall be kept to a minimum and retainedon-site. Follow the air quality control measures listed below: Control Dust a.During clearing, grading, earth moving, excavation, or transportation of cut or fillmaterials, water trucks or sprinkler systems are to be used to prevent dust from leaving thesite and to create a crust after each day’s activities cease. b.During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, thiswould include wetting down such areas in the later morning and after work is completedfor the day and whenever wind exceeds 15 miles per hour. c.Soil stockpiled for more than two days shall be covered, kept moist, or treated with soilbinders to prevent dust generation. d.On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e.Haul vehicles transporting soil into or out of the property shall be covered. f.Existing roads and streets adjacent to the project shall be cleaned at least once per day ifdirt or mud from the project site has been tracked onto these roadways, unless conditionswarrant a greater frequency. g.Other measures may be required as determined appropriate by the BCAQMD orDepartment of Public Works in order to control dust. Post Contact Information h.Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible toensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive DustEmissions). Other Construction Practices i.Maintain all construction equipment in proper tune according to manufacturer’s specification. j. Where feasible, give preference to utilizing the following equipment: •Electric equipment •Substitute gasoline-powered for diesel-powered equipment 17 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 18 of 31 •Alternatively fueled construction equipment on site such as compressed natural gas(CNG), liquid natural gas (LNG), propane, or biodiesel. •Equipment that has Caterpillar pre-chamber diesel engines, as practical. •Diesel construction equipment meeting the CARB’s 1996 or newer certificationstandard for off-road heavy-duty diesel engines. k. Construction workers shall park in designated parking area(s) to help reduce dust emissions.” Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 2.Mitigation Measure #2 (50’ No Disturbance Area around Vernal Pools/SeasonalWetlands):Show on a separate document which is to be recorded concurrently with the map or on an additional map sheet a “Vernal Pool/Seasonal Wetland Buffer/Protection Area” measured not less than 50-feet from the outer edge of the wetlands to be maintained on site. Constructionactivities on and around the wetland buffer area shall be restricted based on USACErequirements. Restrictions may include establishment of avoidance buffer zones, installationof silt fences, or on-site containment of all on-site generated sediments. Plan Requirements: State and federal permits for any proposed modifications to vernal pools/seasonal wetlands shall be completed prior to recordation of the parcel map. Novegetation removal, grading, road construction, or other earthwork shall be permitted until the50-foot no disturbance buffer area, consistent with state and federal requirements, if any,around the vernal pool/seasonal wetlands has been established around wetlands consistent with state and federal requirements, to the satisfaction of the Development Services Director. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the vernal pool/seasonal wetland buffer area and related note are placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans. Butte County building inspectors shall ensure compliance on- site. 18 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 19 of 31 3.Mitigation Measure #3 (Waters of the U.S.):To the extent practicable, the discharge of dredged or fill material into “waters of the U.S.”shall be avoided (this also includes waters not subject to USACE jurisdiction, but subject to the Regional Water Quality Control Board (RWQCB) jurisdiction. This includes avoidingactivities that would obstruct the flow of, or alter the bed, channel, or bank of any intermittentor ephemeral creeks. If complete avoidance is implemented, no further measures arenecessary. If complete avoidance is not practicable, a no net loss of wetlands policy shall beemployed and the appropriate permits (i.e.; Section 404 permit) shall be obtained prior to recordation of the final map. In addition, the project applicant shall obtain a Section 401certification from the RWQCB, as necessary. The project shall comply with all permitconditions and employ best management practices and measures (established by the USACEand other regulatory agencies) to minimize and compensate for potential impacts to anyjurisdictional waters or habitat areas. Furthermore, the following measures shall be implemented: 1)Prior to any discharge of dredged or fill material into “waters of the U.S.” authorizationunder a Nationwide Permit shall be obtained from the USACE. For any featuresdetermined to not be subject to USACE jurisdiction during the verification process,authorization to discharge (or a waiver from regulation) shall be obtained from the RWQCB. For fill requiring a USACE permit, water quality certification shall be obtainedfrom the RWQCB prior to discharge of dredged or fill material.2)Prior to any activities that would obstruct the flow of, or alter the bed, channel, or bank ofany intermittent or ephemeral creeks, notification of streambed alteration shall besubmitted to the CDFG and, if required, a streambed alteration agreement shall be obtained. 3)Construction activities that will impact “waters of the U.S.” shall be conducted during thedry season to minimize erosion. Appropriate sediment control measures to protect avoided“waters of the U.S.” shall be in place prior to the onset of construction and shall bemonitored and maintained until construction activities have ceased. Temporary stockpiling of excavated or imported material shall occur only in approved construction staging areas. Excess excavated soil shall be used on site or disposed of at a regional landfill or otherappropriate facility. Stockpiles that are to remain on the site through the wet season shallbe protected to prevent erosion (e.g. silt fences, straw bales and/or covered).4)Loss of wetlands shall be compensated at a minimum of a 2:1 creation ratio (i.e. two acres created for each acre destroyed). This can be accomplished through purchase of appropriate credits at a USACE approved mitigation bank, appropriate payment into aUSACE approved in-lieu fee fund, or on-site or off-site creation, monitoring, andmaintenance (as approved by the USACE or RWQCB).5)Loss of “other waters” shall be compensated through purchase of appropriate credits at a USACE approved mitigation bank, appropriate payment into a USACE approved in-lieu fee fund, or through placement of avoided waters and associated riparian buffers into aconservation easement or similar protective mitigation The amount of avoided waters andriparian buffers to be permanently protected shall be sufficient to offset the impact andshall be determined by the USACE and the applicant during the permitting process. 6)As required, any monitoring, maintenance, and reporting required by the regulatory agencies (i.e. USACE, RWQCB and CDFG) shall be implemented and completed. Asrequired, all measures contained in the permits or associated with agency approvals shall 19 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 20 of 31 be implemented. Plan Requirements: Vegetation removal, grading, road construction, or other earthwork shall be in compliance with state and federal regulations. If avoidance of wetland fill cannot be achieved, then the project shall comply with all permit conditions and employ best management practices and measures (established by the USACE and other regulatory agencies) to minimize and compensate for potential impacts to any jurisdictional waters or habitat areas. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that appropriate permits, if required, from state and federal agencies have been obtained prior to recordation of the parcel map. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify the requirements of the state and federal regulations, if required, have been completed and submitted to the Director of Development Services. Butte County building inspectors shall ensure compliance on-site. 4.Mitigation Measure #4 (50’ No Disturbance Setback from Streams):Show/Depict on a separate document, which is to be recorded concurrently with the map or onan additional map sheet, a “50-foot No Development Area” along seasonal streams. Plan Requirements: The recorded parcel map must show the 50’ no disturbance setbackaround the vernal pool/seasonal wetlands sites and seasonal streams. Timing: The requirements of this mitigation measure shall be adhered to at all times. Thenote shall be recorded prior to final map. Monitoring: The Planning Division and the Public Works Department shall ensure thatrecorded parcel map identifies vernal pool sites with 50’ setbacks. The Department of Development Services shall ensure that the note is placed on all affected building and site plans. 5.Mitigation Measure #5 (Protection of Vernal Pools during Construction):Prior to land disturbance, a development barrier around seasonal swales and vernal pools shallbe established. A “no disturbance” buffer zone (50 feet) shall be established around the vernal pools/seasonal wetlands and clearly identified. During construction activities, the vernal pools/seasonal wetlands and seasonal swales shall be protected with the installation of stormwattles, silt fencing or other sediment catching materials, along with orange constructionfencing designating the outer limit of the 50-foot buffer zone to prevent disturbance of theseareas. Plan Requirements: No. development is permitted within 50’ of vernal pool sites/seasonal wetlands as depicted on the final map. Timing: The requirements of this mitigation measure shall be adhered to at all times duringdevelopment/land disturbance. 20 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 21 of 31 Monitoring: To avoid sediment or other materials from building up along the protection measures, the sediment or other materials will be removed way from the protected area routinely and/or prior to a storm event. 6.Mitigation Measure #6 (Pre-construction Surveys for Raptors):If construction activities occur between March 1 and July 31, preconstruction surveys shall beconducted. A pre-construction shall be conducted no more than 14 days prior to theconstruction activities during the early part of the breeding season (March – April) and no morethan 30 days prior to the initiation of the construction activities during late breeding season (May – July). During this survey, the qualified wildlife biologist shall inspect all trees in andimmediately adjacent to the impact area for raptor and migratory bird nests. If the survey doesnot identify any nesting raptor species on or near the construction site, further mitigation is notrequired. If any raptor species are found nesting on or near the construction site (within 500feet of construction activities), the following shall be implemented: Prior to the disturbance, grading or construction, the project applicant, in consultation withCalifornia Department of Fish & Game (CDFG) and Butte County Planning, shall avoid allbirds of pray or migratory bird nest sites located in the construction area during breeding seasonwhile the nest is occupied with adult and/or eggs or young. The occupied nest shall bemonitored by a qualified wildlife biologist to determine when the nest is no longer used. Avoidance shall include the establishment of a no disturbance buffer zone around the nest site.The size of the buffer zone shall be determined in consultation with the CDFG. Highly visibletemporary construction fencing shall delineate the buffer zone. Plan Requirements: The applicant/developer shall provide the Department of DevelopmentServices a copy of the pre-construction survey prior to construction. Timing: The requirements of this mitigation measure shall be adhered to at all times. Thismeasure shall be implemented during all site preparation and construction activities. Monitoring: The Planning Division shall require submittal and review of the pre-constructionsurvey prior to construction/land disturbance. 7.Mitigation Measure #7 (Map Note requiring Pre-construction Surveys for Raptors): Place a note on a separate document which is to be recorded concurrently with the map or onan additional map sheet that states: “If construction activities occur between March 1 to July31, preconstruction surveys shall be conducted. A pre-construction shall be conducted no morethan 14 days prior to the construction activities during the early part of the breeding season (March – April) and no more than 30 days prior to the initiation of the construction activities during late breeding season (May – July). During this survey, the qualified wildlife biologistshall inspect all trees in and immediately adjacent to the impact area for raptor and migratorybird nests.” 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. No. development is permitted within 50 feet of vernal poolsites and Seasonal Wetlands as depicted on the final map. Timing: The requirements of this mitigation measure shall be adhered to at all times. Thismeasure shall be implemented during all site preparation and construction activities. 21 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 22 of 31 Monitoring: The Planning Division 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. The Department of Development Services shall ensure that the note is placed on all building and site plans. Building inspectors shall spot check and shall ensure compliance on-site. 8.Mitigation Measure #8 (Oak Mitigation Plan):Prior to road construction or recordation of the parcel map, an Oak Mitigation ImplementationPlan shall be prepared by a certified arborist, registered professional forester, botanist or landscape architect to the satisfaction of the Director of Development Services or his/herdesignee for the removal of approximately 100 oak trees 5 inches dbh or larger. The applicantshall minimize the removal of oak trees deemed suitable for retention. The removal of any oaktrees 5 inches or more in diameter at breast height shall be mitigated by one or more of thefollowing: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measuresdeveloped by Butte County. Replanting oak trees cannot account for more than one-halfof the mitigation. The Plan shall be prepared in accordance with the following: 1) A replanting schedule and diagram for trees removed or encroached upon by permitactivities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director ofDevelopment Services or his/her designee. a.A minimum of 3 native blue oak trees of 5 gallons or larger size shall be planted foreach blue oak tree removed that is greater than or equal to 5-inches diameter at breastheight (DBH) and a minimum of 3 native live oak trees of 5 gallons or larger size shall be planted for each live oak tree removed that is greater than or equal to 5-inches diameter at breast height (DBH). b.Replanted trees shall be planted in areas deemed appropriate by the Plan, consideringfuture lot development, interference with foundations, fencing, roadways, driveways, and utilities. c. Trees planted shall be protected from livestock and other animals. 2)Replanted oak trees shall be maintained for a period of seven years after they are planted.If any of the replanted oak trees die or become diseased, they shall be replaced andmaintained for seven years after the new oak trees are planted. A bond shall be posted for replanting of the trees and/or other terms established for their maintenance. 3)Oak Tree protection measures for trees to be retained within the project site shall beincluded in construction specifications. a.Oak tree to be preserved shall be surrounded by a tree zone identified by the drip lineof the tree. b.No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of thesoil unless authorized by Oak Tree Mitigation Plan. 22 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 23 of 31 c.An orange plastic fence or other suitable type of fence shall be used to identify thetree zone during construction activities. 4)If adequate oak tree mitigation consistent with PRC §21083.4(b)(2) cannot be established onsite, mitigation shall be completed by one or more of the following: establishingconservation easements, contributing funds for off-site oak woodlands conservation (i.e.Oak Woodlands Conservation Fund administered by the California Wildlife ConservationBoard), and/or other mitigation measures developed by Butte County. Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee. Plan Requirements: No map shall be recorded and no vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to recordation of the map or any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: Staff in the Department of Development Services will require Mitigation Implementation Plan prior to recordation. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that the terms of the Mitigation Implementation Plan have been met. Butte County building inspectors shall ensure compliance on-site. 9.Mitigation Measure #9 (Map Note requiring Blue Oak Retention and Protection):Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Prior to any development activity or the issuance of anypermit or approval that involves removing or encroaching upon oak trees on the project site(this generally includes the canopy drip-line of trees within the area of ground disturbance andtrees subject to changes in hydrologic regime) an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or designee thatincludes: 1)A replanting schedule and diagram for trees removed or encroached upon by permitactivities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanting oak trees cannot account for morethan one-half of the mitigation. a.A minimum of 3 native blue oak trees of 5 gallons or larger size shall be planted foreach blue oak tree removed that is greater than or equal to 5-inches diameter at breast height (DBH) and a minimum of 3 native live oak trees of 5 gallons or larger size shall be planted for each live oak tree removed that is greater than or equal to 5-inchesdiameter at breast height (DBH). 23 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 24 of 31 b.Replanted trees shall be planted in areas deemed appropriate by the Plan, consideringfuture lot development, interference with foundations, fencing, roadways, driveways,and utilities. c. Trees planted shall be protected from livestock and other animals; 2)Replanted oak trees shall be maintained for a period of seven years after they are planted.If any of the replanted oak trees die or become diseased, they shall be replaced andmaintained for seven years after the new oak trees are planted. A bond shall be posted forreplanting of the trees and/or other terms established for their maintenance. 3)Oak Tree protection measures for trees to be retained within the project site shall beincluded in construction specifications. a.Oak tree to be preserved shall be surrounded by a tree zone identified by the drip lineof the tree. b.No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of thesoil unless authorized by Oak Tree Mitigation Plan. c. An orange plastic fence or other suitable type of fence shall be used to identify thetree zone during construction activities. 4)If adequate oak tree mitigation consistent with PRC §21083.4(b)(2) cannot be established onsite, mitigation shall be completed by one or more of the following: establishingconservation easements, contributing funds for off-site oak woodlands conservation (i.e.Oak Woodlands Conservation Fund administered by the California Wildlife ConservationBoard), and/or other mitigation measures developed by Butte County. Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee. 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. No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. The applicant is to maintain a Mitigation Monitoring Fee deposit account to offset the departments’ inspection costs. Butte County building inspectors shall ensure compliance on-site. 10.Mitigation Measure #10 (Building Envelopes): Place a note on a separate document which is to be recorded concurrently with the parcel mapor on an additional map sheet which states: “Prior to site clearance and development, with 24 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 25 of 31 regards to individual lot development, building envelopes, not more than three acres in size, shall be identified to maintain and protect identified vernal pools/seasonal wetlands and to limit impacts on oak trees on the project site. Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and all building and site development plans. Timing: Requirements of the condition shall be satisfied prior to, or in conjunction with, recordation of the map. Monitoring: The Department of Development Services shall ensure that the building envelopes are included as part of development permits. The Planning Division shall ensure compliance through the building permit process and routine inspection and review. 11.Mitigation Measure #11 (Mitigation Monitoring Costs):The Department of Development Services (DDS) is responsible for monitoring the landowner’s compliance with all conditions of approval, conservation measures, andmitigation measures. As the cost of ongoing monitoring of Measures and Conditions ofApproval is not included in the County’s Tentative Parcel Map application fees, at thediscretion of the Director of DDS (Director), the cost of DDS staff and consultant time directlyrelated to the monitoring of compliance with conditions of approval will be billed to and borne by the landowner at the current established DDS Planning Division hourly rate. The currentfee amount established in Butte County Code and implementing resolutions for Measure andCondition of Approval Monitoring (currently a $978.00 deposit against which time is billed)shall be paid within 30 days of the date of project approval. Regarding the monitoring ofrelevant measures and conditions of approval after approval and/or recordation of the map, the landowner shall maintain this fee with DDS in an amount (not to exceed the establishedmaximum) at a level determined by the Director to ensure adequate ongoing measure andcondition of approval monitoring. Mechanisms which may be used by the County to addressfailure by the landowner to maintain the adequate fee amount may include but are not limited to “stop work” orders, denial of building permits and/or certificates of occupancy, revocation of project approval and imposition of performance bonds at the discretion of the Director ofDDS. Plan Requirements: Construction monitoring reports shall meet protocol requirements of USFish and Wildlife Service and/or California Department of Fish and Game. Timing: This measure shall be implemented during grading, excavation, and compaction of soils, during construction within or near ditches, and as determined necessary by the sitemonitor. Monitoring: On site inspectors and mitigation monitors for the project will periodicallymonitor as needed to ensure that the requirements of the Measures are adhered to throughout grading, excavation, and construction periods. 12.Mitigation Measure #12:Place a note on a separate document which is to be recorded concurrently with the Final Mapor on an additional map sheet that states: “Should grading activities reveal the presence ofprehistoric or historic cultural resources (e.g. artifact concentrations, including arrowheads and 25 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 26 of 31 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. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine 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 note 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. 13.Mitigation Measure #13: Place the following note on a separate document which is to be recorded concurrently with themap or on an additional map sheet that states: “To reduce construction-generated noise thedeveloper shall implement the following measures to mitigate construction noise throughoutall construction periods: 1.Limit construction activity to daytime hours (7:00 a.m. to 6:00 p.m.) with no construction activity on Sundays or holidays; 2.Use best available noise suppression devices and properly maintain and muffle dieselengine-driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4.Locate stationary equipment as far as possible from sensitive receptors; 5.Designate a Disturbance Coordinator and post the name and phone number of this personconspicuously at the entrance(s) to the project site so it is clearly visible to nearby residentsmost likely to be affected by construction noise. This person would manage complaintsresulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction.” 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. 26 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 27 of 31 Timing: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction-related noise. Agricultural Commissioner’s Office 1.Prior to recordation of final map, show 300 foot Agricultural Buffer setback from all adjacentlands zoned Agriculture and all newly-created parcel lines for future residential development. Public Works A.COUNTY SURVEYOR 1.Map Recordation: Prior to map recordation: a.The applicant shall submit to the County Surveyor for review and approval a final mappursuant to Subdivision Map Act Section 66444-66450. b.The applicant shall prepare a Supplemental Data Sheet for all information not affecting record title interest. The Supplemental Data Sheet shall contain a statement that theadditional information, conditions of approval or comments are for informationalpurposes only and are not intended to affect record title interest. Additional informationmay include but is not limited to building setback lines, flood hazard zones, seismic lines and setbacks, leach field free areas and usable sewage disposal areas. c.The applicant shall show all easements of record on the final map and shall providedeeds establishing all existing and proposed easement and rights of way on theproperty. d.The applicant shall 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. A tax certificate is tobe provided to the County Surveyor prior to recording. e.The applicant shall submit a Preliminary Title Report that has been prepared within 6months of the map recordation date. f.The applicant shall provide deeds establishing property boundaries. g.The applicant shall provide copies of all lot and boundary closures (calculation showingerror of closure). h.The applicant shall pay the recording fees in effect at the time the final map and relateddocuments are recorded. i.The parcel map shall contain a certificate by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character andoccupy the positions indicated, or that they will be set in such positions on or beforeninety (90) days from the date of recordation, per Butte County Code of OrdinanceSection 20-109.5. The certificate shall also state that the monuments are or will be sufficient to enable the survey to be retraced. 27 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 28 of 31 B. STREETS 1.Dedications and Easements: Drainage, sewage, and other utility easements shall beprovided where they are needed. The subdivider shall provide rights-of-way or easements for storm drainage purposes conforming substantially with the lines of anywatercourse, channel, lake, stream, or creek. The width of the rights-of-way oreasements shall be adequate to provide for the necessary maintenance of the channelsand incidental structures. C. SOILS, DRAINAGE, FLOODING 1.Stormwater Quality Management: Coverage under the stormwater ConstructionGeneral Permit (CGP) will be required by the State Water Resources Control Board ifthe project results in ground disturbance, including clearing, excavation, filling, andgrading of one or more acres or disturbs less than one acre but are part of a largercommon plan or development consisting of one acre or more of total disturbance. Coverage under this General Permit must be obtained from the State Water ResourcesControl Board prior to starting construction. If coverage under the CGP is required,engineering plans shall show the Waste Discharge Identification (WDID) number onthe 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 bedisturbed 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 GeneralPermit. 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 coverageunder this permit. Development of individual lots may require an additional permitcoverage.” MITIGATION FEES 1.Mitigation Fees a.Prior to issuance of building permits, pay all applicable mitigation fees in place at thetime of issuance. Environmental Health Division 1.Prior to recordation of the final map, resultant Parcels 1 & 2 must show Minimum Useable Wastewater Area (MUWA) of 15,000 square feet utilizing a pressure distribution system to the satisfaction of the Environmental Health Division. 2.Resultant Parcels 1 & 2 must show proposed water well locations with a 100-foot setback forresidential development shown to the satisfaction of the Environmental Health Division. 3.Applicant shall place a note on the final map stating “WATER: There is no evidence that domestic water is available”. 28 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 29 of 31 Butte County Fire 1.Construction, installation or development of buildings and/or roads, driveways, gates and bridgeson parcels/lots shall comply with the current adopted California Building Standard Codes, California Fire Safe Regulations—Public Resources Code 4290, 4291 and current ButteCounty Improvement Standards, whichever is stricter. 2.Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, “Building identification and/or addressesshall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter”. 3.Applicant shall provide a secondary means of access or connection to an existing roadway atthe time of issuance of development permits for the designated remainder parcel. Processing Fees 1 Prior to recordation of the deeds, pay any outstanding project-related processing fees. II. NOTATION A.Minor changes may be approved administratively by the Directors of DevelopmentServices, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verificationshall be made by each Department or Division that the modification is consistent with theapplication, fees paid and environmental determination as conditionally approved.Changes deemed to be major or significant in nature shall require a formal application foramendment. 29 Butte County Department of Development Services   July 5, 2023  Agenda Report – Perkins TPM23-0006  Page 30 of 31 ATTACHMENT C: ZONING MAP 30 ATTACHMENT D 31 Note: Mitigations #13 and #15 were modified. The corrections are shown as underlined for the new language and strike-out for the old language. The modifications were to correct language. The modifications to mitigations are an equal, or better, mitigation. DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR TPM08-0007 aka Valencia Estates (South Oroville Land Development LLC) ATTACHMENT E TPM08-0007 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 32 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 1 of 47 ■ COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR TPM08-0007 aka Valencia Estates (South Oroville Land Development LLC) 1.0 PROJECT INFORMATION A. Applicant: South Oroville Land Development, LLC B. Representative: Scott Perkins B. Engineer: Lumos and Associates C.Staff Contact: Mark Michelena, Senior Planner; (530) 538-7376, mmichelena@buttecounty.net D. Project Name: Valencia Estates Parcel Map E. Project Location: On the north and south side of Cox Lane approximately 1.5 miles from Palermo Honcut Highway, southeast of the community of Palermo. (Section 26 & 27 T18N R04E MDB&M Bangor & Palermo USGS Quads) F. Type of Application(s): Parcel map to subdivide two assessor parcels totaling 732+ acres into 28 lots, ranging is size from 20 acres to 52 acres. G. Assessor’s Parcel Number(s): 027-230-002 and 027-230-110 H.Project Site Size: Approximately 732 acres I. Current Zoning: A-5 (Agricultural, five acre minimum) Proposed Zoning (unadopted): AG-20 (Agricultural, 20-acre minimum) J.General Plan Designation at time application was deemed complete: AR (Agricultural Residential - 20 acre minimum) General Plan 2030: Agriculture (20 to 320 acres) K.Environmental Setting: The project parcels (the “site”) are located in the unincorporated area of Butte County, southeast of the Community of Palermo and situated in the lower foothills of the Sierra Nevada/Cascade mountain ranges. The site is surrounded by rural residential parcels on the north and east, ranging in size from approximately five (5) to twenty (20) acres, and grazing/open land on the south and west, ranging in size from 300 to 400 acres. One mile to the west is a rural residential area of 5 to 15 acre parcels. Land uses in the project area include rural residential land uses and large parcel grazing and open land. The site is situated on both sides of Cox Lane, a County-maintained gravel road (see location map). There are no improvements on the property other than Cox Lane. The site elevation is approximately 225 to 375 feet above sea level. The site slopes moderately downhill from the north portion of the property to the south, with an average elevation loss of about 175 feet. The site is primarily vegetated with grasses and oak trees. The northern one-third of the site is covered by oak woodland. The southern two-thirds is open grazing land, with scattered oak trees. Four seasonal streams/drainages pass through the property, three in a southerly direction and one, in the upper west corner of the site, in a northwest direction. A site map with seasonal wetlands, based on onsite surveys conducted by biological and botanical staff of Marcus H. Bole & Associates, identifies eleven (11) small to medium sized vernal pool/seasonal wetlands sites in the grazing and open land area. 33 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 2 of 47 ■ L. Surrounding Land Uses: Direction General Plan Designation*Zoning Existing Land Use(s) North Agricultural Residential A-5 & A-20 Rural Residential South Grazing and Open Land & Agricultural Residential A-40 A-5 Grazing/Open Land East Grazing and Open Land A-5 & A-40 Rural Residential/Grazing/Open Land West GOL & AR A-5 Grazing/Open Land * - General Plan Designation at time application was deemed complete. L.Project Description: This is an application for a Tentative Parcel Map to subdivide two assessor parcels, containing 732 acres, into 28 lots, ranging is size from 20 acres to 52 acres. Future development will include single-family dwellings, with the potential for second dwellings and accessory structures. Cox Lane provides primary access to the site, which is approximately 8,152 feet (1.5 miles) from the intersection of Palermo Honcut Hwy and Cox Road. Cox Lane would not extend easterly to Dunstone Drive, due to topography and Honcut Creek. Cox Lane is considered a cul-de-sac and based on the length of Cox Lane, a secondary point of access is normally required. However, an alternative approach as been determined to be acceptable. Butte County Fire Department/California Department of Forestry has determined how a wider improved Cox Lane, along the parcel frontage, would provide the same practical effect as a secondary access. The project proposes to avoid the identified vernal pools/seasonal wetlands and ensure their protection by establishment of no disturbance areas. Exception Request: The applicant is considering an exception request to the required road improvement standard for the proposed project. County Improvement Standards identifies an RS-8-LDII (20 acres to less than 40 acres – more than 4 parcels). The applicant, as part of the project, would as for either the RS-8-LDI or the RS-8-LDII (5 acres to 40 acres – 4 or fewer parcels). N. Public Agency Approvals: Butte County Environmental Health Division, Butte County Public Works Department and Butte County Fire Department/CDF. DETERMINATION [ ] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [X] 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. 34 35 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 4 of 47 ■ 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) 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 significant. 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIC/VISUAL RESOURCES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a.Have a substantial adverse effect on a scenic vista? X b.Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c.Substantially degrade the existing visual character or quality of the site and its surroundings?X d.Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Impact Discussion: The project parcels (the “site”) are located in the unincorporated area of Butte County, southeast of the Community of Palermo and situated in the lower foothills of the Sierra Nevada/Cascade mountain ranges. The site is surrounded by rural residential parcels on the north and east, ranging in size from approximately five (5) to twenty (20) acres. Land uses in the project area include rural residential land uses, and scattered grazing and open land. The site is situated on both sides of Cox Lane, a County-maintained gravel road. Current zoning allows only one single-family residence per parcel, and residential accessory structures. However, the Draft Zoning Ordinance proposes to allow second dwellings on agriculturally designated land. Therefore, the project will allow a primary dwelling unit and likely a second dwelling unit on each of the 28 parcels created by the proposed tentative parcel map after anticipated adoption of the comprehensive zoning update. (a.) No impact. Cox Lane is a County maintained gravel road, and does not contain an officially designated scenic vista. The site is not located along a State or County scenic highway (Butte County Scenic Highway Map). Butte County has not designated any areas as scenic vistas. There will be no impact on any scenic vistas or state scenic highways. (b.) Less than significant impact. The visual character of the area is dominated by open areas and land that is used for grazing lands for small quantities of livestock. Residences are located on 5 acre to 20 acre properties to the north and east. The project would allow for one primary dwelling, and a possible second dwelling, to be constructed, on each of the proposed 28 parcels. The project will introduce additional rural residential housing and development into this area. However, with the existing rural residential uses found in the vicinity, no substantial conflicts with the established character or functioning of the surrounding community are anticipated. 36 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 5 of 47 ■ (c.) Less than significant impact. Current zoning allows only one single-family residence per parcel, and residential accessory structures. However, the Draft Zoning Ordinance proposes to allow second dwellings on agriculturally designated land. Proposed development of residential dwellings, including second dwellings, and accessory structures would introduce new visual elements, including lighting, which would change existing off-site views. However, the types of structures permitted, including lighting, will be consistent with the rural residential and agricultural character of the project area. The 20 acre minimum size of the parcels mitigates this potential impact. New construction may cause short-term visual impacts. Grading operations and construction activities create a visual impact; construction debris, rubbish and trash may accumulate on construction sites. These impacts are short- term, resulting in a less than significant impact. (d.) Less than significant impact. New structures would likely include light sources that would introduce additional nighttime lighting to the project site and vicinity. While outside lighting for safety and security could be added to existing and future structures, street lighting is not proposed nor required as a part of this project. The proposed and neighboring parcels are sufficiently large to minimize ordinary nighttime lighting impacts. Additionally, Section 24-241(d) of Butte County Code requires that all outdoor lighting in residential areas shall be located, adequately shielded, and directed such that no direct light falls outside the property perimeter, or into the public right-of-way. Mitigation Measure: None required. 4.2 AGRICULTURE RESOURCES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document 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? X b.Conflict with existing zoning for agricultural use, or a Williamson Act Contract?X c.Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 4526),or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? X d.Result in the loss of forest land or conversion of forest land to non-forest land? X 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 land? X Impact Discussion: The southern two-thirds of the project site is open grazing land, the northern third is oak woodlands. The project site has been used for seasonal grazing, from late November to late May, for 50 to 60 head of cattle. In 2010 the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency issued the Important Farmlands Map for Butte County identifying Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Grazing land. This map also identifies approximately 42% of the land in the County as either: Agricultural Land Not Yet Classified, Urban and Built-up Land, Other Land, and Water. 37 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 6 of 47 ■ (a.) No impact. The above referenced Important Farmlands map indicates the subject property as mostly “Grazing Land,” with a small area in the western portion of the site labeled as “Other Land;” the project site is not considered Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The “Grazing Land” designation is described as: Land on which the existing vegetation is suited to the grazing of livestock. The “Other Land” designation is described as land not included in any other mapping category. Common examples include low density rural developments, brush, timber, wetland, and riparian areas not suitable for livestock, poultry or agricultural facilities, strip mines borrow pits and water bodies smaller than 40 acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land. The Natural Resource Conservation Service (NRCS) has identified the soils on the project site as Vistarobles- Redding-Argonaut-Taxadjunct-Haploxererts complex, Dunstone-Loafer Creek-Argonaut complex, Dunstone-Loafer Creek-Katskillhill Complex and Dunstone-Lomarica-Argonaut-Taxadjunct complex. The soil class types IV and VII have very severe limitations that reduce the choice of plants or that require very careful management, or both. These soils need a greater intensity of conservation practices for cultivated crops than Class III land. The project site is not currently cultivated. (b.) Less than significant impact. The A-5 zoning of the project site permits general agricultural uses, including the keeping of livestock, as a primary use. The General Plan land use designation of Agricultural Residential (AR) lists agricultural uses as “Primary Uses.” The parcels north and south are designated as Agricultural Residential, and the parcels east and west are designated Grazing and Open Land (GOL). The project parcels are not under a Williamson Act Contract. There are two parcels adjoining the project site (northern boundary of APN 027-230-110 and the northwesterly boundary of APN 027-230-002) that are within a Williamson Act Contract. The project parcels are large enough to allow for an appropriate buffer for residential development. (c.) Less than significant impact. The project was analyzed based on the General Plan designation AR (Agricultural Residential) and zoning (A-5) at the time the project was deemed complete. The A-5 zoning of the project site permits general agricultural uses, including the keeping of livestock, and residential development as primary uses. The General Plan land use designation of Agricultural Residential (AR) lists agricultural uses as “Primary Uses.” As discussed above, the project site has been used for seasonal grazing. The General Plan designation was changed to Agriculture with the adoption of the General Plan update, back in November 2010. The proposed zoning for the parcel is AG-20 (Agriculture, 20-acre minimum). The proposed parcel sizes of 20+ acres are consistent with the Agriculture (20 to 160 acres) General Plan designation and the proposed zoning. (d.) No impact. The project site is located in the lower foothills. The project parcels are zoned agriculture and therefore would not create any conflict, or create a need to rezone, with lands zoned as forest land or timber production. (e.) Less than significant impact. The project site has been used for seasonal grazing. The number of cattle is approximately 50 to 60, from late November to late May. The project will result in creation of smaller parcels that will not be viable for the same intensity of seasonal grazing. Based on the proposed parcel sizes (20 to 50 acres), grazing would be limited. The future uses will be for rural ranchettes for small scale agricultural uses and habitable structures. Due to the limited agricultural use of the site today, the ability for small-scale agricultural uses, and the ‘grazing’ and ‘other land’ status from the Farmland Mapping, the project will not create a significant conversion of farmland, to non-agricultural use. Mitigation Measure: None required. 4.3 AIR QUALITY: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a.Conflict with or obstruct implementation of the applicable air quality plan?X b.Violate any air quality standard or contribute substantially to an existing or projected air quality violation?X 38 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 7 of 47 ■ Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document c.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 (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X d.Expose sensitive receptors to substantial pollutant concentrations? X e.Create objectionable odors affecting a substantial number of people? X Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated “attainment” if these standards are met and “nonattainment” if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as “moderate” nonattainment areas for the state standards for ozone and fine particulate matter (PM10). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. The Butte County Air Quality Management District (BCAQMD) released the CEQA Air Quality Handbook: Guidelines for Assessing Air Quality Impacts for projects subject to CEQA Review (CEQA Handbook), which was approved January 24, 2008. The document establishes thresholds of significance for projects based on project size and/or projected emissions. The thresholds were analyzed for conformance with CEQA Guidelines §15382. The districts four categories of evaluation are: 1.Comparison of calculated project emissions to the Districts emission thresholds; 2.Consistency with the most recent Air Quality Attainment Plan (AQAP) for Butte County; 3.Comparison of predicted ambient pollutant concentrations resulting from the project to State and Federal health standards, where applicable; and 4.The evaluation of special conditions which apply to certain projects, such as public exposure to toxic air contaminants. Table 2-1 of the CEQA Handbook lists the thresholds of significance, the CEQA level of significance, and the environmental document type requirement. See table below. Table 2-1: Thresholds of Significance for Critical Pollutants of Concern Pollutant Level A Level B Level C NOx ≤25 lbs/day >25 lbs/day >137 lbs/day ROG ≤25 lbs/day >25 lbs/day >137 lbs/day PM10 ≤80 lbs/day >80 lbs/day >137 lbs/day Level of Significance Potentially Significant impacts Potentially Significant Impacts Significant Impacts Environmental Document Mitigated Negative Declaration (MND) or ND Mitigated ND or EIR EIR Source: BCAQMD CEQA Handbook 39 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 8 of 47 ■ Table 2-1 (Screening Criteria for Project Air Quality Impacts), of the CEQA Handbook), lists the established thresholds based on land use. The threshold for a single-family residential project is 120 units. Potentially, twenty single-family residences could be built, resulting in a “Level A” threshold of significance. Standard mitigation measures guidelines for “Level A” are in Section 5 of the CEQA Handbook. The mitigation measures listed in Section 5 are design standards for more urban residential developments, including street design, multi-modal transportation options, and building efficiency. This project does not include new streets with full improvements, is not at a density level to justify multi-modal transportation options. This project does not include commercial or industrial development. (a.) Less than significant impact. Based on the information above, this project will not conflict with or obstruct any air quality plan. (b.)(c.) Less than significant with mitigation incorporated. In combination with the dust pollution in the vicinity due to Cox Lane being a graveled road from Wayne Charles Road to the site’s east property line, construction has the potential to create fugitive dust. The Butte County Air Quality Management District (BCAQMD) recommends incorporating measures to control fugitive dust emission for all road and other construction activities during project development (excluding agricultural practices), using such methods as site and driveway watering and/or use of other acceptable soil palliatives. Mitigation Measure #1 requires a note be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states dust control measures shall be taken during site development activities. The mitigation measure will reduce cumulative impacts to less than significant. (d.) The closest school is located approximately 2.5 miles east of the site in the community of Palermo. There are no other sensitive receptors in the vicinity. Twenty-eight primary housing units and up to 28 potential second units on large parcels, and the air pollution associated with the residences, will not create a harmful environment for the students and faculty. No Impact (e.) No objectionable odors are anticipated with the proposed residences. During future construction, various diesel- powered vehicles and equipment typically used for construction activities would likely create odors. These odors are not likely to be noticeable beyond the project boundaries. Additionally, the odors would be short-term, and would cease at upon completion of construction. No Impact Mitigation Measure #1: The following measures shall apply to all development activities (excluding normal agricultural operations) on the project site. Additionally, a note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Dust generated by the development activities shall be kept to a minimum and retained on-site. Follow the air quality control measures listed below: Control Dust a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day’s activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. g. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. 40 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 9 of 47 ■ Post Contact Information h. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices i. Maintain all construction equipment in proper tune according to manufacturer’s specification. j. Where feasible, give preference to utilizing the following equipment: •Electric equipment •Substitute gasoline-powered for diesel-powered equipment •Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. •Equipment that has Caterpillar pre-chamber diesel engines, as practical. •Diesel construction equipment meeting the CARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines. k. Construction workers shall park in designated parking area(s) to help reduce dust emissions.” 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. 4.4 BIOLOGICAL RESOURCES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document 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 Game or U.S. Fish and Wildlife Service? X b.Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X c.Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means)? X d.Interfere substantially with the movement of any native X 41 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 10 of 47 ■ Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document resident or migratory fish and 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 ordinance? X 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? X g.A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, or endangered species of animals? X h.A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or invertebrates)? X i.A deterioration of existing fish or wildlife habitat (for foraging, breeding, roosting, nesting, etc.)?X j.Introduction of barriers to movement of any resident or migratory fish or wildlife species?X k.Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the normal activities of wildlife? X Impact Discussion: The site elevation is approximately 225 to 375 feet above sea level. The site slopes moderately downhill from the north portion of the property to the south, with an average elevation loss of about 150 feet. The site is primarily vegetated with grasses and oak trees. The northern one-third of the site is covered by oak woodland. The southern two-thirds is open grazing land. Four seasonal tributaries pass through the property, three in a southerly direction and one in the northern portion of the site in a northwest direction. Several small to medium sized vernal pool/seasonal wetland sites are scattered through the south central two-thirds of the property in the grazing and open land area. Based on the large size of the parcels, the project proposes to avoid, for future residential development and access roads, all identified seasonal streams and vernal pools/seasonal wetlands. Future driveways may require crossing of the seasonal streams. (a.)(b.)(c.)(d.) Less than significant impact with mitigation incorporated. Many species of plants and animals within the State of California have low populations, limited distributions, or both. Such species may be considered “rare” and are vulnerable to extinction as the state’s human population grows and the habitats these species occupy are converted to agricultural and urban uses. A sizable number of native species and animals have been formally designated as threatened or endangered under State and Federal endangered species legislation. Others have been designated as “Candidates” for such listing; still others have been designated as “Species of Special Concern” by the California Department of Fish and Game (CDFG). The California Native Plant Society (CNPS) has developed its own set of lists of native plants considered rare, threatened or endangered. Collectively, these plants and animals are referred to as “special status species.” Preparation of the Butte Regional Conservation Plan (BRCP) (formerly known as the Butte Regional Habitat Conservation Plan/Natural Community Conservation Plan (Butte HCP/NCCP), began in 2007 and is being coordinated by the Butte County Association of Governments (BCAG) on behalf of participating agencies including the County of Butte. The BRCP provides opportunities for comprehensive species, wetlands and ecosystem conservation and contributes to the recovery of endangered species within the plan area, while also providing a more 42 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 11 of 47 ■ streamlined process for environmental permitting. The BRCP identifies the property as having “Altered Vernal Pool” locations. Biological Inventory & Wetland Determination Biological inventory and wetland studies (December 2007 – June 2008; December 2008 – February 2009; January 2010 – March 2010 and a follow-up survey in February and March 2012), which were conducted by Marcus H. Bole and Associates, identified vernal pool sites located along both sides of Cox Lane in the central portion of the site and in the western portion of the site Because these sites have been identified, are clearly seen on the ground, have the potential for vernal pool plant habitat, and because special-status crustaceans, like the Vernal Pool Fairy Shrimp area threatened species because of loss of habitat, mitigation measures below are provided to insure protection of the sites. The project, including access roads and parcels sizes of 20 acres and larger, is designed to avoid the vernal pools. In order to protect the identified vernal pools/seasonal wetlands, Mitigation Measure #2 is included that requires a 50’ No Disturbance Area around Vernal Pools/Seasonal Wetlands. The following exhibit identifies the 11 seasonal wetlands identified in the Marcus Bole study: Site Map with Season Wetlands. Onsite survey conducted by Biological and Botanical Staff of Marcus H. Bole and Associates. Exhibit prepared by Lumos and Associates. Seasonal Wetland 1 2 3 4 5 6 7 8 9 10 11 Acreage 0.082 0.046 0.057 0.04 0.13 0.02 0.045 0.041 0.11 3.34 .012 Sq Ft 3,572 2,004 2,483 1,743 5,663 872 1,961 1,786 4,972 145,491 5,228 43 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 12 of 47 ■ The California Natural Diversity Database (CNDDB Rarefind 2, Government Version, January,-2009) was reviewed to determine if any special status species or habitats occur on the project site or in the project area. The CNDDB does not list any endangered, threatened or rare plants on the site. However, two plants are listed as being within 2.5 miles of the site as shown below. Also, consistent with USFWS practices, the vernal pools are considered potential habitat for special-status crustacean which are known to occupy some vernal pools. Scientific Name Common Name Quadrangle Fed. Status Cal. Status CNPS List Paronychia ahartii Ahart's paronychia Honcut None None 1B.1 Juncus leiospermus var. ahartii Ahart's dwarf rush Honcut None None 1B.2 Branchinecta lynch Vernal Pool Fairy Shrimp Palermo Threatened None N/A Actinemys marmorata Western pond turtle Palermo None None N/A Spea hammondii Western spadefoot Palermo/Bangor None None N/A Northern Hardpan Vernal Pool Palermo/Honcut None None N/A Source: California Department of Fish and Game California Natural Diversity Database, v/3.1.0, January 2009 for the Bangor and Honcut 7.5 Minute Quadrangles Marcus H. Bole and Associates, as part of their Biological Inventory and Wetland Determination, performed a pre- field investigation by reviewing existing survey protocols and information and prepare a list of special plant and wildlife species with the potential to occur on the project site and in the vicinity of the project. Sources and information included: •California Natural Diversity Data Base (CNNDB, March 2012). They reviewed the Palermo Quadrangle and the eight surrounding quadrangles (Shippee, Oroville, Oroville Dam, Bangor, Loma Rica, Honcut, Gridley and Biggs) •California Native Plant Society Inventory of Rare and Endangered Species (Skinner and Pavik 1994) •Jepson Manual: Higher Plants of California (Hickman 1995) •California Wildlife Habitat Relationships System (California Department of Fish& Game, version 8.0) •Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (California Department of Fish & Game, November 24, 2009) •Burrowing Owl Survey Protocol and Mitigation Guidelines (The California Burrowing Owl Consortium, April 1993) •Butte County Oak Woodland Resource Assessment Report (Butte County Resource Conservation District, July 2006) •Butte County General Plan 2030 (October 26, 2010) As mentioned above, ten special-status plant surveys were performed between February 2008 and March 2012 (February 20, 2008, April 10, 2008, June 6, 2008, December 15, 2008, March 9, 2009, May 20, 2009, February 15, 2010, March 19, 2010, February 26, 2012 and March 8, 2012). Additional short follow-up surveys were conducted randomly during the summer and fall of 2008, 2009 and 2010. There is the potential for three special status plant species (Brandegee’s clarkia, Ahart’s Dwarf Rush and Slender Orcutt Grass) to occur on site based on the observed habitat types. Other species require special habitats such as marsh or swamp which do not occur within the project site. The three described species have a low potential to occur on site because of the following conditions, which have had a major impact on these species: •Seasonal cattle grazing over a prolonged period of time •Introduction of pasture grasses and forbs and other non-native invasive species. The non-native grasses’ phenology is such that they are able to out-complete most native annual grasses and forbs throughout the valley and foothill regions. 44 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 13 of 47 ■ Twelve individual wildlife habitat assessments were performed in coordination with the plant surveys and summer/fall follow-up surveys. The surveys were conducted to determine if habitats supported special-status animal species. Burrowing owl and raptor nest searches were performed during the surveys. The determination of presence for animal species possibly occurring was based on site specific habitat assessments, literature review and queries through the California Native Diversity Data Base (CNDDB). The identified vernal pools/seasonal wetlands, all within the open grasslands, are considered critical habitat for a number of federal and state-listed plant and animal species, as well as plants and animals that are species of concern. During winter and spring surveys none of these protected species were observed. The biologist also identified that the vernal pools/seasonal wetlands were simply too dry (not enough pooling of water) to support crustaceans. The dominant species within all the vernal pools was coyote thistle and upland non-native grasses. Some of the pools have minimal vernal pool species of goldfields, monkey-flower, popcornflower, mesa mint, and downingnia. Based on review of the records search of the CNDDB, marginally suitable habitat for five special status animal species (Fairy shrimp, vernal pool tadpole shrimp, California linderiella, Western Spadefoot and Western Mastiff Bat) were not observed on site. The western spadefoot, a State species of concern, ranges throughout the Central Valley and adjacent foothills, and is usually quite common where it occurs. The species occurs primarily in grasslands, but can occur in valley-foothill hardwood woodlands. Grasslands with shallow temporary pools are optimal habitat for this species. Due to the on site soil regime, minimum ponding/pooling waters within the seasonal swales and vernal pools/seasonal wetlands, and the distance from seasonal wetlands with known populations of the species, it is unlikely that the seasonal wetland habitat on the project site would support these amphibians. None were observed (or heard calling) during the periods of inundation (February – March) when they would have been readily evident. The western mastiff bat, another State species of concern, occurs in many open, semi-arid to arid habitats, including conifer and deciduous woodlands, annual and perennial grasslands, chaparral and urban areas. Cover is usually crevices in cliff faces, trees and tunnels for roosting. Suitable habitat occurs on the project site for roosting amongst the hardwood woodlands and foraging within the grassland. No individuals were observed during the survey. Mitigation Measures #6 & #7 requires an evening survey be conducted prior to tree removal. The Swainson’s hawk is a State-listed Threatened species (California Department of Fish and Game, State and Federally Listed Endangered, Threatened, and Rare Plants of California, April 2003). According to the CNDDB, the nearest Swainson’s hawk nest is located 6.5 miles to the west of the project site. The Department of Fish and Game has identified that a Swainson’s hawk’s foraging habitat is generally within five miles of the nest. Preferred foraging habitats for Swainson's hawks include: alfalfa, fallow fields, low-growing row or field crops, dry-land and irrigated pasture, rice land (during the non-flooded period), and cereal grain crops (including corn after harvest). The project site is not within five miles of the nearest identified Swainson’s hawks nest, even though the site contains some preferred foraging habitats. No impacts are expected to occur to Swainson’s hawks. (e.) Less than significant impact with mitigation incorporated. Development of the project site would result in the loss of marginal amounts of wildlife habitat where roads, dwellings, accessory structures and driveways are developed. The loss of trees and brush will remove some animal habitat. Additionally, wild animals on the site may be disturbed by human activity and move on to undeveloped parcels in the area if they are unable to adapt to the human presence. The loss of wildlife on the site is not considered significant, because the small percentage of trees to be removed and the parcel sizes (20+ acres) of the proposed development would not substantially degrade wildlife habitat. The northern third portion of the project site contains an Oak Woodland with a large quantity of oaks of various sizes. Oak woodland is considered a sensitive habitat in California where development and population growth have increased the impacts of human activities on natural resources. Impacts to Oak Woodlands Blue oak woodland is considered a sensitive habitat in California where development and population growth have increased the impacts of human activities on natural resources. Oak woodland contributes to air quality, erosion control, and the aesthetic quality of the landscape. It also provides habitat for over 300 wildlife species and serves as a corridor between wildlife populations. Although there has been a significant reduction in oak habitat in California, no species of oaks are listed as rare, threatened, or endangered and are not protected by local ordinance. The California Department of Fish and Game encourages developers to preserve as many trees as possible, with an 45 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 14 of 47 ■ emphasis on larger, more mature trees. While the County of Butte has no official oak tree preservation policy, the Oak Woodlands Conservation Act (Public Resources Code Section 21083.4) requires the preservation of oak woodlands. This act provides that mitigation alternatives must be set forth including the planting of replacement trees for trees removed, contributing to the Oak Woodlands Conservation Fund or other mitigation measures developed by the local jurisdiction. Mitigation measures are set forth below to ensure that oaks present on the property are protected from development activity to the maximum extent possible. The project site contains blue oaks of various sizes (6” dbh to 30” dbh). An oak tree survey identified approximately 14, 080 oak trees located on roughly 220 of the 726 acres, mostly in the northern and western portion of the site. Other than the project parcel being bisected by Cox Lane, a county-maintained road, and the site being used for seasonal grazing for an extended period of time, the oak woodlands are considered intact. The project proposes to remove approximately 100 trees for road construction. Future residential development will be encouraged to locate in areas that will reduce impacts on oak trees and canopy coverage. Site Condition of Existing Oak Woodlands The aerial view below of the subject property, including property lines, shows the location and extent of oak woodlands on the property. This vertical (90°) aerial image of the subject property indicates areas where the oak woodland canopy is missing. Although the site has been used for seasonal grazing, the existing oak woodland is considered intact. Vasquez Forest Management (VFM) prepared a tree report which found that due to road construction improvement Approximately 100 of the 14,080 oak trees onsite would be removed. This small amount was achieved by judicious placement of access roads. The VFM plan would replace approximately 100 tees on a three to one ratio, and proposed to be planted along the road right-of-ways. This placement insures reliable maintenance of the trees during the required seven year maintenance period. Future development on the site will include access roads, residential development and associated residential accessory uses. This development will result in the removal of existing oak trees. The impacts from these activities will be reduced to a less than significant level with mitigations proposed, that are consistent with the requirements of 46 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 15 of 47 ■ Public Resources Code §21083.4. Depending upon its location, residential development and associated improvements has the potential to result in the loss of oak trees. This loss of oak trees may result in the following specific impacts (considered to be a less than significant impact with included mitigation): (f.) Less than significant impact with mitigation incorporated. The site is within the proposed Butte Regional Conservation Plan (BRCP). The BRCP designates the southern two thirds of the property as a probable “Vernal Pool” and “Altered Vernal Pool” area. Because there are identified vernal pool/seasonal wetland sites, mitigation measures below are provided to insure that the sites are protected in order to afford sites for newly established sensitive species (See (a.)(b.) and (c.) above). There are four seasonal streams on the property, which drain into North Honcut Creek. These streams may provide habitat for species normally found in vernally moist soils. In order to protect these streams, and the biological resources that may exist in or next to them, a mitigation measures is recommended that requires a fifty (50) foot No Development Setback from both sides of the streams. The Environmental Health Division is requiring a fifty (50) foot septic setback from the seasonal streams, which will run concurrently with the No Development Setback. (g.)(h.) Less than significant impact with mitigation incorporated. As noted above, the California Natural Diversity Database (CNDDB Rarefind 2, Government Version, January,-2009) was reviewed to determine if the project would have an impact in the reduction of numbers, restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, or endangered species of animals. The CNNDB was also reviewed to determine if there would be an impact any special status animal species (including mammals, birds, reptiles, fish or invertebrates) onsite or in the project vicinity. The CNDDB does not list any endangered, threatened or rare animals on the site. However, two reptiles, vernal pool fairy shrimp and Northen Hardpan Vernal Pool habitat were listed as being within 2.5 miles of the site as shown below. Also, consistent with USFWS practices, the vernal pools/seasonal wetlands on site are considered potential habitat for special-status crustacean which are known to occupy some vernal pools/seasonal wetlands. (i.)(j.) Less than significant impact. The CNDDB designates an area approximately 3,300 feet to the north as Northern Hardpan Vernal Pool, and an area to the west approximately 4,500 feet as Bank Swallow. Both areas are of a sufficient distance to not be affected by the project. Therefore this project would not reduce the numbers, restrict the range, or have an impact to critical habitat of any unique, rare, threatened, or endangered species of animals. See section (a.), above. (k)Less Than Significant Impact. Introduction of new lighting, fencing, noise, human presence and/or domestic animals can hinder the normal activities of wildlife living in and passing through the project site. All new residential development outdoor lighting shall be in conformance with Ordinance 4010. The ordinance prohibits outdoor lighting from new residential development to spill over the property lines. Mitigation Measure #2 ( 50’ No Disturbance Area around Vernal Pools/Seasonal Wetlands): Show on a separate document which is to be recorded concurrently with the map or on an additional map sheet a “Vernal Pool/Seasonal Wetland Buffer/Protection Area” measured not less than 50-feet from the outer edge of the wetlands to be maintained on site. Construction activities on and around the wetland buffer area shall be restricted based on USACE requirements. Restrictions may include establishment of avoidance buffer zones, installation of silt fences, or on-site containment of all on-site generated sediments. Plan Requirements: State and federal permits for any proposed modifications to vernal pools/seasonal wetlands shall be completed prior to recordation of the parcel map. No vegetation removal, grading, road construction, or other earthwork shall be permitted until the 50-foot no disturbance buffer area, consistent with state and federal requirements, if any, around the vernal pool/seasonal wetlands has been established around wetlands consistent with state and federal requirements, to the satisfaction of the Development Services Director. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the vernal pool/seasonal wetland buffer area and related note are placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans. Butte County building inspectors shall ensure compliance on-site. 47 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 16 of 47 ■ Mitigation Measure #3 (Waters of the U.S.): To the extent practicable, the discharge of dredged or fill material into “waters of the U.S.” shall be avoided (this also includes waters not subject to USACE jurisdiction, but subject to the Regional Water Quality Control Board (RWQCB) jurisdiction. This includes avoiding activities that would obstruct the flow of, or alter the bed, channel, or bank of any intermittent or ephemeral creeks. If complete avoidance is implemented, no further measures are necessary. If complete avoidance is not practicable, a no net loss of wetlands policy shall be employed and the appropriate permits (i.e.; Section 404 permit) shall be obtained prior to recordation of the final map. In addition, the project applicant shall obtain a Section 401 certification from the RWQCB, as necessary. The project shall comply with all permit conditions and employ best management practices and measures (established by the USACE and other regulatory agencies) to minimize and compensate for potential impacts to any jurisdictional waters or habitat areas. Furthermore, the following measures shall be implemented: 1)Prior to any discharge of dredged or fill material into “waters of the U.S.” authorization under a Nationwide Permit shall be obtained from the USACE. For any features determined to not be subject to USACE jurisdiction during the verification process, authorization to discharge (or a waiver from regulation) shall be obtained from the RWQCB. For fill requiring a USACE permit, water quality certification shall be obtained from the RWQCB prior to discharge of dredged or fill material. 2)Prior to any activities that would obstruct the flow of, or alter the bed, channel, or bank of any intermittent or ephemeral creeks, notification of streambed alteration shall be submitted to the CDFG and, if required, a streambed alteration agreement shall be obtained. 3)Construction activities that will impact “waters of the U.S.” shall be conducted during the dry season to minimize erosion. Appropriate sediment control measures to protect avoided “waters of the U.S.” shall be in place prior to the onset of construction and shall be monitored and maintained until construction activities have ceased. Temporary stockpiling of excavated or imported material shall occur only in approved construction staging areas. Excess excavated soil shall be used on site or disposed of at a regional landfill or other appropriate facility. Stockpiles that are to remain on the site through the wet season shall be protected to prevent erosion (e.g. silt fences, straw bales and/or covered). 4)Loss of wetlands shall be compensated at a minimum of a 2:1 creation ratio (i.e. two acres created for each acre destroyed). This can be accomplished through purchase of appropriate credits at a USACE approved mitigation bank, appropriate payment into a USACE approved in-lieu fee fund, or on-site or off-site creation, monitoring, and maintenance (as approved by the USACE or RWQCB). 5)Loss of “other waters” shall be compensated through purchase of appropriate credits at a USACE approved mitigation bank, appropriate payment into a USACE approved in-lieu fee fund, or through placement of avoided waters and associated riparian buffers into a conservation easement or similar protective mitigation The amount of avoided waters and riparian buffers to be permanently protected shall be sufficient to offset the impact and shall be determined by the USACE and the applicant during the permitting process. 6)As required, any monitoring, maintenance, and reporting required by the regulatory agencies (i.e. USACE, RWQCB and CDFG) shall be implemented and completed. As required, all measures contained in the permits or associated with agency approvals shall be implemented. Plan Requirements: Vegetation removal, grading, road construction, or other earthwork shall be in compliance with state and federal regulations. If avoidance of wetland fill cannot be achieved, then the project shall comply with all permit conditions and employ best management practices and measures (established by the USACE and other regulatory agencies) to minimize and compensate for potential impacts to any jurisdictional waters or habitat areas. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that appropriate permits, if required, from state and federal agencies have been obtained prior to recordation of the parcel map. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify the requirements of the state and federal regulations, if required, have been completed and submitted to the Director of Development Services. Butte County building inspectors shall ensure compliance on-site. 48 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 17 of 47 ■ Mitigation Measure #4 (50’ No Disturbance Setback from Streams): Show/Depict on a separate document, which is to be recorded concurrently with the map or on an additional map sheet, a “50-foot No Development Area” along seasonal streams. Plan Requirements: The recorded parcel map must show the 50’ no disturbance setback around the vernal pool/seasonal wetlands sites and seasonal streams. Timing: The requirements of this mitigation measure shall be adhered to at all times. The note shall be recorded prior to final map. Monitoring: The Planning Division and the Public Works Department shall ensure that recorded parcel map identifies vernal pool sites with 50’ setbacks. The Department of Development Services shall ensure that the note is placed on all affected building and site plans. Mitigation Measure #5 (Protection of Vernal Pools during Construction): Prior to land disturbance, a development barrier around seasonal swales and vernal pools shall be established. A “no disturbance” buffer zone (50 feet) shall be established around the vernal pools/seasonal wetlands and clearly identified. During construction activities, the vernal pools/seasonal wetlands and seasonal swales shall be protected with the installation of storm wattles, silt fencing or other sediment catching materials, along with orange construction fencing designating the outer limit of the 50-foot buffer zone to prevent disturbance of these areas. Plan Requirements: No. development is permitted within 50’ of vernal pool sites/seasonal wetlands as depicted on the final map. Timing: The requirements of this mitigation measure shall be adhered to at all times during development/land disturbance. Monitoring: To avoid sediment or other materials from building up along the protection measures, the sediment or other materials will be removed way from the protected area routinely and/or prior to a storm event. Mitigation Measure #6 (Pre-construction Surveys for Raptors): If construction activities occur between March 1 and July 31, preconstruction surveys shall be conducted. A pre- construction shall be conducted no more than 14 days prior to the construction activities during the early part of the breeding season (March – April) and no more than 30 days prior to the initiation of the construction activities during late breeding season (May – July). During this survey, the qualified wildlife biologist shall inspect all trees in and immediately adjacent to the impact area for raptor and migratory bird nests. If the survey does not identify any nesting raptor species on or near the construction site, further mitigation is not required. If any raptor species are found nesting on or near the construction site (within 500 feet of construction activities), the following shall be implemented: Prior to the disturbance, grading or construction, the project applicant, in consultation with California Department of Fish & Game (CDFG) and Butte County Planning, shall avoid all birds of pray or migratory bird nest sites located in the construction area during breeding season while the nest is occupied with adult and/or eggs or young. The occupied nest shall be monitored by a qualified wildlife biologist to determine when the nest is no longer used. Avoidance shall include the establishment of a no disturbance buffer zone around the nest site. The size of the buffer zone shall be determined in consultation with the CDFG. Highly visible temporary construction fencing shall delineate the buffer zone. Plan Requirements: The applicant/developer shall provide the Department of Development Services a copy of the pre-construction survey prior to construction. Timing: The requirements of this mitigation measure shall be adhered to at all times. This measure shall be implemented during all site preparation and construction activities. Monitoring: The Planning Division shall require submittal and review of the pre-construction survey prior to construction/land disturbance. Mitigation Measure #7 (Map Note requiring Pre-construction Surveys for Raptors) 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 construction activities occur between March 1 to July 31, preconstruction surveys shall be conducted. A pre-construction shall be conducted no more than 14 days prior to the construction activities during the early part of the breeding season (March – April) and no more than 30 days prior to the initiation of the 49 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 18 of 47 ■ construction activities during late breeding season (May – July). During this survey, the qualified wildlife biologist shall inspect all trees in and immediately adjacent to the impact area for raptor and migratory bird nests.” 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. No. development is permitted within 50 feet of vernal pool sites and Seasonal Wetlands as depicted on the final map. Timing: The requirements of this mitigation measure shall be adhered to at all times. This measure shall be implemented during all site preparation and construction activities. Monitoring: The Planning Division 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. The Department of Development Services shall ensure that the note is placed on all building and site plans. Building inspectors shall spot check and shall ensure compliance on-site. Mitigation Measure #8 (Oak Mitigation Plan): Prior to road construction or recordation of the parcel map, an Oak Mitigation Implementation Plan shall be prepared by a certified arborist, registered professional forester, botanist or landscape architect to the satisfaction of the Director of Development Services or his/her designee for the removal of approximately 100 oak trees 5 inches dbh or larger. The applicant shall minimize the removal of oak trees deemed suitable for retention. The removal of any oak trees 5 inches or more in diameter at breast height shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. The Plan shall be prepared in accordance with the following: 1) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. a. A minimum of 3 native blue oak trees of 5 gallons or larger size shall be planted for each blue oak tree removed that is greater than or equal to 5-inches diameter at breast height (DBH) and a minimum of 3 native live oak trees of 5 gallons or larger size shall be planted for each live oak tree removed that is greater than or equal to 5-inches diameter at breast height (DBH). b. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. c. Trees planted shall be protected from livestock and other animals; 2) Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted. A bond shall be posted for replanting of the trees and/or other terms established for their maintenance. 3) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. a. Oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. b. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil unless authorized by Oak Tree Mitigation Plan. c. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. 4) If adequate oak tree mitigation consistent with PRC §21083.4(b)(2) cannot be established onsite, mitigation shall be completed by one or more of the following: establishing conservation easements, contributing funds for off-site oak woodlands conservation (i.e. Oak Woodlands Conservation Fund administered by the California Wildlife Conservation Board), and/or other mitigation measures developed by Butte County. 50 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 19 of 47 ■ Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee. Plan Requirements: No map shall be recorded and no vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to recordation of the map or any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: Staff in the Department of Development Services will require Mitigation Implementation Plan prior to recordation. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that the terms of the Mitigation Implementation Plan have been met. Butte County building inspectors shall ensure compliance on-site. Mitigation Measure #9 (Map Note requiring Blue Oak Retention and Protection): Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Prior to any development activity or the issuance of any permit or approval that involves removing or encroaching upon oak trees on the project site (this generally includes the canopy drip-line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime) an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or designee that includes: 1) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanting oak trees cannot account for more than one-half of the mitigation. a. A minimum of 3 native blue oak trees of 5 gallons or larger size shall be planted for each blue oak tree removed that is greater than or equal to 5-inches diameter at breast height (DBH) and a minimum of 3 native live oak trees of 5 gallons or larger size shall be planted for each live oak tree removed that is greater than or equal to 5-inches diameter at breast height (DBH). b. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. c. Trees planted shall be protected from livestock and other animals; 2) Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted. A bond shall be posted for replanting of the trees and/or other terms established for their maintenance. 3) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. a. Oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. b. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil unless authorized by Oak Tree Mitigation Plan. c. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. 4) If adequate oak tree mitigation consistent with PRC §21083.4(b)(2) cannot be established onsite, mitigation shall be completed by one or more of the following: establishing conservation easements, contributing funds for off-site oak woodlands conservation (i.e. Oak Woodlands Conservation Fund administered by the California Wildlife Conservation Board), and/or other mitigation measures developed by Butte County. Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee. 51 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 20 of 47 ■ 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. No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. The applicant is to maintain a Mitigation Monitoring Fee deposit account to offset the departments’ inspection costs. Butte County building inspectors shall ensure compliance on-site. Mitigation Measure #10 (Building Envelopes): Place a note on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet which states: “Prior to site clearance and development, with regards to individual lot development, building envelopes, not more than three acres in size, shall be indentified to maintain and protect identified vernal pools/seasonal wetlands and to limit impacts on oak trees on the project site. Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and all building and site development plans. Timing: Requirements of the condition shall be satisfied prior to, or in conjunction with, recordation of the map. Monitoring: The Department of Development Services shall ensure that the building envelopes are included as part of development permits. The Planning Division shall ensure compliance through the building permit process and routine inspection and review. Mitigation Measure #11: (Mitigation Monitoring Costs): The Department of Development Services (DDS) is responsible for monitoring the landowner’s compliance with all conditions of approval, conservation measures, and mitigation measures. As the cost of ongoing monitoring of Measures and Conditions of Approval is not included in the County’s Tentative Parcel Map application fees, at the discretion of the Director of DDS (Director), the cost of DDS staff and consultant time directly related to the monitoring of compliance with conditions of approval will be billed to and borne by the landowner at the current established DDS Planning Division hourly rate. The current fee amount established in Butte County Code and implementing resolutions for Measure and Condition of Approval Monitoring (currently a $978.00 deposit against which time is billed) shall be paid within 30 days of the date of project approval. Regarding the monitoring of relevant measures and conditions of approval after approval and/or recordation of the map, the landowner shall maintain this fee with DDS in an amount (not to exceed the established maximum) at a level determined by the Director to ensure adequate ongoing measure and condition of approval monitoring. Mechanisms which may be used by the County to address failure by the landowner to maintain the adequate fee amount may include but are not limited to “stop work” orders, denial of building permits and/or certificates of occupancy, revocation of project approval and imposition of performance bonds at the discretion of the Director of DDS. Plan Requirements: Construction monitoring reports shall meet protocol requirements of US Fish and Wildlife Service and/or California Department of Fish and Game. Timing: This measure shall be implemented during grading, excavation, and compaction of soils, during construction within or near ditches, and as determined necessary by the site monitor. Monitoring: On site inspectors and mitigation monitors for the project will periodically monitor as needed to ensure that the requirements of the Measures are adhered to throughout grading, excavation, and construction periods. 52 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 21 of 47 ■ 4.5 CULTURAL RESOURCES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a.Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5?X b.Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?X c.Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?X d.Disturb any human remains, including those interred outside of formal cemeteries?X Impact Discussion: 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, but does not contain any other physical characteristics where cultural resources would be likely to be encountered. According to Butte County constraints mapping, the project site is located in an area considered to have a high archeological sensitivity. (a.)(b.) Less than significant with mitigation incorporated. Future grading and other soil disturbance activities on the project site have the potential to uncover historic or prehistoric cultural resources that are not visible on the surface. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during development activities on the project site, Mitigation Measure #10, below, is recommended. (c.)(d.) Less than significant with mitigation incorporated. No unique paleontological resources or unique geologic features are known to exist on the site. No human remains are known to exist on the site. If human remains are discovered during land disturbance activities, California Health and Safety Code §7050.5 requires that the County Coroner be contacted to examine said remains. It is unlikely that these resources exist; however, Mitigation Measure #12 will reduce potential impacts to less than significant. Mitigation Measure #12: 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: “Should 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. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine 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 note 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 53 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 22 of 47 ■ 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. 4.6 GEOLOGIC AND SOILS: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a.Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1.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 Division of Mines and Geology Special Publication 42. 2.Strong seismic ground shaking? 3.Seismic-related ground failure, including liquefaction? 4.Landslides? X X X X b.Result in substantial soil erosion or the loss of topsoil?X 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? X d.Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? X e.Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste water? X Impact Discussion: The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The site is not within an Alquist-Priolo Earthquake fault zone but is within an after shock epicenter region (Butte County GIS Epicenter Regions theme). The only known active fault in Butte County is the Cleveland Hill fault zone, located approximately 2.47-miles east and northeast of the project site, where activity on August 1, 1975 resulted in the Oroville earthquake. This earthquake had a Richter magnitude of 5.7 and resulted in approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. In the northwest corner of Butte County near Chico there are a series of short, north-northwest trending faults similar to the Cleveland Hill fault. These faults appear to be an extension of the Bear Mountain Fault or Foothills Shear Zone. Minor seismic activity has occurred in the area of these short faults; however, other geologic evidence indicates these faults are not active (Butte County General Plan 1977). Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings and other improvements would be designed and installed in accordance with Uniform Building Code requirements. (a.)(1.) No impact. The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. 54 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 23 of 47 ■ (a.)(2.) Less than significant impact. Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings, pipes, roadways, and other improvements would be designed and installed in accordance with California Building Code (CBC) requirements. Future structures on the project site would be designed and installed in accordance with CBC standards for the appropriate Seismic Hazard Zone. Liquefaction is a phenomenon where loose, saturated, granular soils lose their inherent shear strength due to excess water pressure that builds up during repeated movement from seismic activity. (a.)(3.) Less than significant impact. Liquefaction is a phenomenon where loose, saturated, granular soils lose their inherent shear strength due to excess water pressure that builds up during repeated movement from seismic activity. Factors that contribute to the potential for liquefaction include a low relative density of granular materials, a shallow groundwater table, and a long duration and high acceleration of seismic shaking. Liquefaction usually results in horizontal and vertical movements from lateral spreading of liquefied materials and post-earthquake settlement of liquefied materials. Liquefaction potential is greatest where the groundwater level is shallow, and submerged loose, fine sands occur within a depth of approximately 50 feet or less. The Butte County Seismic Safety Element’s Liquefaction Potential Map indicates that the site has mostly a low potential for liquefaction. However, the probability of a great earthquake occurring in the County is considered low, particularly with the lack of active faults. (a.)(4.) Less than significant impact. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan (Figure S-1 of the General Plan) indicates that there is a low to moderate potential for landslides in this area. (b.) Less than significant with mitigation incorporated. Butte County Safety Element, Figure S-2 characterizes the majority of the site area as having a “moderate” potential for soil erosion (a small portion in the southwest corner has a “high” erosion potential). The Mitigation Measure in Section 4.3 (Air Quality) of this document will reduce impacts to the potential for loss of top soil. Future construction activities that disturb a cumulative of one acre or more of land would be subject to the National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit (General Construction Permit) program. 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 following Condition of Approval will ensure that compliance. Prior to grading, a construction storm water permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. The permit must be obtained from the State Water Resources Control Board prior to construction. If a construction storm water permit is required, place a note on an additional map sheet that states: “The development of this parcel map required a construction storm water permit. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. Development of individual lots may require an additional permit(s).” (c.) Less than significant impact. The Subsidence and Landslide Potential Map (Safety Element, Figure S-1) indicates that the property is located within an area of potential subsidence. Although subsidence is a problem in some areas of the Central Valley due to heavy groundwater withdrawals for irrigation, there have not been any documented incidents that indicate a specific subsidence, or liquefaction, problem in project area of Butte County. The landslide risk is considered “low to moderate.” (d.) Less than significant impact. The Soil Survey of Butte Area, Parts of Butte and Plumas Counties (NRSC, 2006) characterizes the expansiveness of the soil at the site as high. The Building Division, based on CBC regulations, may require that the foundations of future dwellings be designed and constructed to handle the shrink/swell characteristics of expansive soils. Standard grading and foundation design would reduce any potential impacts. (e.) Less than significant impact. Sewage disposal will be handled by individual sewage disposal systems. Adequate proof of usable sewage disposal area was provided to Environmental Health. 55 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 24 of 47 ■ Mitigation Measure: (See Section 4.3 Mitigation #1) 4. 7 GREENHOUSE GAS EMISSIONS: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a.Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b.Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X Impact Discussion: Section 15064.4 of the CEQA Guidelines sets forth guidance for determining the significance of Impacts from Greenhouse Gas Emissions. The guidelines allow impacts from a particular project to be described quantitatively or qualitatively and direct that impacts should be evaluated in consideration of existing environmental setting, applicable thresholds of significance, and compliance with regulations and requirements adopted to implement the mitigation of greenhouse gas emissions. Section 15064 (h)(3)of the CEQA Guidelines specifies that a project’s contribution to a cumulative effect may be found ‘not cumulatively considerable’ if the project will comply with the requirements in a previously approved plan or mitigation program, including plans or regulations for the reduction of greenhouse gas emissions. Butte County has not adopted a plan or mitigation program for the reduction of greenhouse gases as of the publication of this study. Likewise, it has not adopted thresholds of significance for evaluating greenhouse gas emissions. This section evaluates greenhouse gas emissions relative to the existing environmental setting and compliance with air quality regulations relative to automobile emissions, the primary contributor to greenhouse gas emissions from the proposed project. (a.)(b.) Less Than Significant Impact. The proposed TSM would allow the development of one residential dwelling, which in turn could generate approximately 10 daily vehicle trips. Approximately 37,000 housing units were estimated to exist within Butte County in 2009 and 13,700 additional (new) dwellings units are projected to be built by the year 2030. The proposed residential development, 28 primary and 28 secondary dwellings) would contribute a negligible amount to overall greenhouse gas emissions. Mitigation Measure #1 from section 4.2 Air Quality above incorporates standard air quality mitigation measures, consistent with recommendations of the BCAQMD. Additional air quality analysis is recommended when projects approach Level B action levels, or 97 dwelling units, which has the potential to generate 25 lbs per day of Reactive Organic Gases. ISRG Action Level Thresholds (1997) Level B (lbs. per day) Level C (lbs. per day) Unit of Measure ROG (25) NOX (25) PM10 (80) ROG (137) NOX (137) PM10 (137) DU 97 DU 119 DU 4,000 DU 534 DU 652 DU 6,850 DU Based on a negligible contribution to overall emissions and consistency with adopted air quality regulations for vehicle emissions, the project will have a less than significant impact on greenhouse gas emissions. Mitigation Measure: None required. 56 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 25 of 47 ■ 4.8 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a.Create a significant hazard to the public or the environmental through the routine transport use, or disposal of hazardous materials? X b.Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c.Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed schools? X d.Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X 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 for people residing or working in the project area? X f.For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g.Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h.Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Impact Discussion: (a.)(b.) Less than significant impact. This project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Construction activities associated with future development at the site could involve the use of potentially hazardous materials, including paints, cleaning materials, vehicle fuels, oils, and transmission fluids. However, potentially hazardous materials would be contained, stored, and used in accordance with manufacturers’ instructions and handled in compliance with applicable standards and regulations. It is not anticipated that large quantities of hazardous materials would be permanently stored or used within the parcel sites. Similarly, the project would not emit hazardous emissions or handle hazardous materials. Small quantities of publicly-available hazardous materials (e.g., paint, maintenance supplies) may be routinely used within the project site for residential 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. Therefore, implementation of the proposed project would not create a permanent significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. (c.) Less than significant impact. The nearest school site is located 4.2 miles from the site in the Community of Palermo. No hazardous emissions are associated with the potential uses associated with this project. 57 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 26 of 47 ■ (d.) No impact. A review of regulatory agency databases, which included lists of hazardous materials sites compiled pursuant to California Government Code Section 65962.5, did not identify any sites at project site that have used, stored, disposed of, or released hazardous materials. (e.)(f.) No impact. There are no public airports or private airstrips located within two miles of the site. The site is not in an airport land use plan area. (g.) No impact. This proposal would not interfere with any emergency response or emergency evacuation plans. No plans exist at the project site or in the vicinity. (h)Less than significant with mitigation incorporated. Most of the project site is located in an area that is considered a moderate fire hazard area. The northern portion and area to the north is considered a high fire hazared area. The Butte County Fire Department/California Department of Forestry states that any development on the proposed parcels requires that State and County Fire Safe regulations be followed. Public Resources Code (PRC) 4290/4291 requires that there be defensible space around all structures located on a parcel within the SRA. To allow property owners to have control over fuel reduction around the structures on their property, Mitigation Measure #13 is recommended that requires all new structures on the site to meet the requirements of PRC 4290/4291. The Butte County Fire Department/CDF reviews all building permits for compliance with PRC 4290/4291 and would ensure that appropriate setbacks for defensible space will be required. CDF, through routine inspection, is the responsible agency for ensuring that vegetation is removed or reduced so as not to cause any significant impacts. Butte County Fire Department/California Department of Forestry identified that Cox Lane is cul-de-sac. Based on the project providing a potential emergency access through the project for residential development to the north and access for emergency vehicles through the project site to north, BCFD/CDF determined with a requirement to widen Cox Lane along the project frontage (to furthest new road), to three lanes, would create the same practical effect as having a secondary access. A mitigation is included that will address the additional road width requirement. Cal Fire has determined how a wider improved Cox Lane provides the same practical effect as a secondary access. They area is also not in a high fire hazard area. The applicant does have the ability to provide a physical access to the north, but does not have the right to use the private roads. The project will provide a secondary (emergency) access for the residential parcels to the north Mitigation Measure #13: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Construction, installation or development of structures or facilities and/or roads, driveways, gates and bridges on the parcels/lots shall comply with the latest California Fire Safe Regulations, Public Resources Code 4290/4291, and all other applicable State and County codes, ordinances and regulations in effect at the time of application for permits and current Butte County Improvement Standards, whichever is stricter, or as approved by the Advisory Agency.” 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. All requirements shall be shown on building plans. Timing: Requirements of the mitigation shall be adhered to when applying for building permits. Monitoring: The Butte County Fire Department and the Department of Development Services shall ensure that submitted building plans are consistent with appropriate codes. 58 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 27 of 47 ■ 4.9 HYDROLOGY AND WATER QUALITY: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a.Violate any water quality standards or waste discharge requirements?X b.Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c.Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? X d.Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X e.Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f.Otherwise substantially degrade water quality?X g.Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h.Place within a 100-year flood hazard area structures which would impede or redirect flood flows?X i.Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? X j.Inundation by seiche, tsunami, or mudflow?X Impact Discussion: Domestic water supply for the residences will be provided by individual domestic wells. Sewage disposal will be provided by individual sewage disposal systems. (a.) Less than significant impact. The individual sewage disposal systems will not violate water quality standards or waste discharge requirements. Environmental health has indicated that adequate area to meet Appendix VII sewage disposal requirements must be demonstrated at time of building permit. (b.) Less than significant impact. The provision of individual wells on each of the 28 parcels will not substantially deplete groundwater. The size of the parcels ranging from 20 aces to 52 acres provides an adequate groundwater resource for each single family dwelling. Groundwater recharge would not be substantially adversely impacted by this proposal because the site is not identified as a groundwater recharge area. Environmental Health has determined that groundwater is available, based on well records. 59 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 28 of 47 ■ (c.)(d.) Less than significant impact with mitigation incorporated. Four seasonal tributaries are located on the site. The proposed map will show, and will be conditioned to required, a 50 foot leach free setback. One new primary residence, with a potential of a second dwelling, on each parcel with accessory structures would increase the amount of impervious surfaces at the site. Increased run-off due to increased impervious surfaces would not result in flooding, erosion, or siltation and will not adversely impact an existing drainage pattern. The proposed parcel sizes are large enough to accommodate increased run-off. Project construction activities would be subject to National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land is disturbed. This program requires implementation of erosion control measures during and immediately after construction that are designed to avoid significant erosion during the construction period. Refer to discussion in Section 4.3, mitigation #1. (e.)(f.) Less than significant impact. The above-recommended Conditions of Approval (Section 4.6(b) italics) will ensure that storm water drainage and water quality is addressed. (g.)(h.) No impact. The project site is located in Flood Zone “X”, based on Federal Emergency Management Agency (FEMA) flood maps. Flood Zone “X” is defined as “Areas determined to be outside 500-year floodplain.” (i.) No impact. The site is not located within a Dam Inundation Area, as determined by the California State Office of Emergency Services. (j.) No impact. The property is not located in an area prone to mudflow, seiche, or tsunami. Mitigation Measure: (See Mitigation Measure #1 under Section 4.3) 4.10 LAND USE AND PLANNING: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a.Physically divide an established community?X b.Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c.Conflict with any applicable habitat conservation plan or natural community conservation plan?X Impact Discussion: The property is designated as Agricultural Residential in the Butte County General Plan Land Use Element and is zoned A-5 (Agricultural, 5-acre minimum parcel size). The proposal would divide a 732-acre parcel into twenty- eight parcels ranging in size from 20 acres to 52 acres. This density is consistent with the A-5 zone, which permits parcels as small as 5 acres in size, and consistent with the AR General Plan Designation which has a 20-acre minimum parcel size. (a.) Less than significant impact. The project site is located with a mix of rural residential and agricultural uses. Due to the proposed parcel sizes (20 acres or larger), the project will be similar to surrounding residential uses. The proposal would not physically divide an established community. The project site is accessed off of Cox Lane, a county-maintained road. The issue with Cox Lane is that it is considered a cul-de-sac that exceeds the length of Butte County Code Section 20-133. The length of cul-de-sac for parcels zoned A-5 is 2,640 feet. The applicant is proposing a secondary access via a 60’ easement from Cox Lane to Railbridge Road and through several private roads to Reservoir Road. This is considered a land use issue, not environmental, and will be addressed as part of the project analysis in the staff report. 69160 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 29 of 47 ■ (b.) Less than significant impact The Agricultural-Residential General Plan land use designation states that a consistent parcel size is 20 acres or greater in size. The zoning is A-5, which allows a minimum of 5 acres. The proposed parcels range in size from 20 acres to 52 acres which is consistent with the General Plan and zoning. (c.) Less than significant impact with mitigation incorporated. The site is within the proposed Butte Regional Conservation Plan (BRCP). The BRCP (formerly known as the Butte Regional Habitat Conservation Plan/Natural Community Conservation Plan (Butte HCP/NCCP), began in 2007 and is being coordinated by the Butte County Association of Governments (BCAG) on behalf of participating agencies including the County of Butte. The BRCP designates the southern two thirds of the property as a probable “Vernal Pool” and “Altered Vernal Pool” area. Because there are identified potential vernal pool/seasonal wetland sites, mitigation measures are included to insure that the sites are protected in order to afford sites for newly established sensitive species. There are four seasonal streams on the property, which drain into North Honcut Creek. The streams are visible on the attached aerial photograph. These seasonal streams may provide habitat for species normally found in vernally moist soils. In order to protect the drainage, and the biological resources that may exist in or next to it, mitigation measures are recommended that requires a fifty (50) foot No Development Setback from both sides of the seasonal streams. The Environmental Health Division is requiring a fifty (50) foot septic setback from the seasonal streams, which will run concurrently with the No Development Setback. Mitigation Measure: (see Section 4.4, Mitigation Measures) 4.11 MINERAL RESOURCES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document 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? X 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? X Impact Discussion: (a.) No impact. There are no gas wells located on the site. There are no gas wells located in the section of land (Section 13, T18N, R03E, MDB&M) where this site is located (online well records, Department of Conservation, Division of Oil, Gas, and Geothermal Resources). No mining operations have occurred on the project site. A borrow pit has been established on the adjoining property on the east. The California Geological Survey (CGS) has not classified the project site as being located in a Mineral Resource Zone (MRZ). The proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. (b.) No impact. This project will not result in the loss of availability of mineral resources. Mitigation Measure: None required. 4.12 NOISE: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a.Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X 61 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 30 of 47 ■ Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document b.Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels?X c.A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d.A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X 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 expose people residing or working in the project area to excessive noise levels? X f.For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Impact Discussion: The project site is located in a rural area that has generally low noise levels and is not subject to any significant noise. The Butte County General Plan Noise Element is used to determine acceptable noise levels. (a.) Less than significant impact. General Plan Noise Element, Chart 4, indicates that normally acceptable noise levels for low density single-family residential uses are 60 decibels, with interior noise levels of 45 decibel maximum. There are no adjacent land uses that will have an adverse impact on future residents. Additionally, the proposed residences will not impact adjacent uses. The site locations of the future dwellings are from 400 feet to 700 feet from the nearest dwellings on adjoining properties. (b.)(c.) Less than significant impact. The proposed residential use will not increase ground borne vibration or noise. The project site is located in an area of rural residential and agricultural uses, where limited traffic noise can be expected during normal commute times. The large parcels and primarily residential future uses associated with this project would not be expected to create a significant increase in ambient noise levels within or in the vicinity of the project site. Noise from twenty-eight additional dwellings resulting from this project would be compatible with the existing noise environment currently dominated by local traffic, agricultural uses and other rural residential dwellings. There will not be a substantial permanent increase in ambient noise levels because the proposed use is similar to the surrounding uses. (d.) Less than significant with mitigation incorporated. Future construction activities on the site would temporarily generate high noise levels on and adjacent to the project site intermittently during project development activities. During construction, the highest noise levels would result from operation of heavy earthmoving equipment, which can be expected to generate noise levels of between 85 to 90 decibels (dBA) at a distance of 50 feet from the source. Noise levels will be reduced, however, by a factor of six dBA with each doubling of distance from the noise source. Mitigation Measure #14 below will regulate impacts from construction noise. The General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Any such noise disturbance would be intermittent and short-term in nature. (e.)(f.) No impact. There are no public airports or airstrips within 2 miles of the site. The site is not located in an airport land use planning area. Mitigation Measure #14: Place the following note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “To reduce construction-generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 62 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 31 of 47 ■ 1. Limit construction activity to daytime hours (7:00 a.m. to 6:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine-driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction.” 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: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction-related noise. 4.13 POPULATION AND HOUSING: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a.Induce substantial 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? X b.Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c.Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?X Impact Discussion: Butte County, currently home to over 217,200 people, has a 2015 projected population of 241,515 based on the annual average increase of 1,770 people (0.9 percent) over the past ten years. The proposed Tentative Parcel Map would establish twenty-eight parcels and enable the possible development of up to twenty-eight residential dwellings. Using a factor of 2.414 persons per household (California Department of Finance), and assuming all occupants are new residents to Butte County, the project would be responsible for approximately 201 new County residents. A minimal increase in population will result from the project. The project would not significantly affect the population of the area because the proposed density is consistent with the surrounding area and with the General Plan and zoning. (a.) Less than significant impact. The limited number of new residential units will not induce substantial population growth. (b.) No impact. No existing housing will be displaced with this project. (c.) No impact. No people will be displaced with the approval of this project. Mitigation Measure: None required. 63 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 32 of 47 ■ 4.14 PUBLIC SERVICES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a.Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, 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? X b.Fire protection?X c.Police Protection?X d.Schools?X e.Parks?X f.Other public services?X Impact Discussion: (a.) Less than significant. The Safety Element of the Butte County General Plan shows that the project site is located in an area designated as having a mostly moderate fire hazard area, with a small portion on the northern boundary identified as a high fire hazard area. The project site is located within the State Responsibility Area (SRA) for wildfires. The Butte County Fire Department/California Department of Forestry states that cumulative development in rural areas would impact their ability to provide fire protection services. Mitigation Measure #15 requires that automatic fire suppression sprinkler systems be installed in all new residential structures. No impact would occur with the incorporation of the mitigation measure. (b)Less than significant with mitigation incorporated. Cox Lane extends 8,151 feet from Palermo-Honcut Highway to the projects west property line, thence 9,000 feet to the east boundary of the property, thence 4,200 feet to where it terminates as a county maintained road. From this point Cox Lane turns into “trail” road that dead ends 2,078 feet at North Honcut Creek. There is no bridge over the creek, and Dunstone Drive, a County maintained road, is another 800 feet further distant from the creek. This a total distance of 19,230 feet (4.1 miles) from Palermo-Honcut Highway to North Honcut Creek. Cox Lane is therefore classed as a dead end road (distances are approximate). Butte County Code Section 20-133 (a) 3 states: “Parcels zoned for 5 acres to 19.99 acres – 2640 feet” this being the maximum distance allowed for a dead end road under the current zoning of the property. Cal Fire has determined how a wider improved Cox Lane would provide the same practical effect as a secondary access. (see Mitigation Measure #16 in Section 4.16) requires that Cox Lane, along parcel frontage, be widened to satisfy access requirements. Cal Fire has identified that the project site is not in a designated high fire hazard area. The project does have the ability to provide a physical access to the north, but does not have the right to use the private roads to the north. As part of the project design the project provides a secondary (emergency) access for the residential parcels to the north. (c.) 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 due to the additional residences. Although police protection services may need to be increased if additional residential structures are built, it is anticipated that project implementation would not require any new police facilities or the alteration of existing facilities to maintain acceptable performance objectives. The project’s increase in demand for police services would be offset through building permit impact fees, which are collected at the time of building permit issuance. Thus, impacts are anticipated to be less than significant. (d.) Less than significant impact. Up to twenty-eight new primary residences at the site would result in an incremental demand for school facilities in the area. The project site is located in the Oroville Union High School District, and Palermo Union Elementary District. The project’s increase in demand for school services would be offset through building permit impact fees, which are collected at the time of building permit issuance. While 64 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 33 of 47 ■ school districts maintain that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees or mitigation by state legislation. (e.) Less than significant impact. The project site is located in the Feather River Recreation and Park District. Up to twenty-eight primary residences at the site will impact existing District park facilities. However, the District does collect impact fees at the time of building permit to offset this impact. (f.) No impact. No other public services will be required by this project. Mitigation Measure #15: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association (NFPA) Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the parcels.” A note stating. “Automatic Fire Sprinklers conforming to NFPA Standard 13D or 13R is required” is to be added to all affected building plans or, as amended by code, or to the satisfaction of the Fire Chief. for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system, with hydrants that meet Fire Department specifications, serves the parcels.” 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 and on all building and site development plans. Timing: Interior fire sprinkler systems shall be installed in all new residential structures at the time of building construction. Monitoring: The Department of Public Works and the Department of Development Services shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building Division plan checkers shall ensure that the building plans for residential structures include interior fire sprinkler systems. Building inspectors shall ensure all residential structures have a functioning interior fire sprinkler system prior to the final inspection, by conducting an on-site inspection. 4.15 RECREATION: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a.Would the project 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? X b.Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Impact Discussion: (a.)(b.) Less than significant impact. The project site is located in the Feather River Recreation and Park District. Up to 28 primary residences and 28 second dwellings at the site may impact existing District park facilities. However, the District does collect impact fees at the time of building permit. The project is not large enough to deteriorate existing facilities and will not require the construction of new or expansion of existing facilities. Mitigation Measure: None required. 65 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 34 of 47 ■ 4.16 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a.Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including, but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? X b.Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? X c.Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d.Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e.Result in inadequate emergency access?X f.Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X Impact Discussion: Cox Lane is a paved County maintained road extending east from Palermo-Honcut Highway to the subject property. Just prior to entering the property, Cox Lane changes to a County maintained gravel road. The property is situated on both sides of Cox lane where it bisects the subject property. (a)(b) Less than significant impact. Cox Lane is classified as a minor road and carries a small quantity of traffic. The gravel width is approximately 25 feet within a right-of-way of 60 feet. On September 27, 2007, a traffic count was taken on Cox Lane just east of Palermo-Honcut Highway. The traffic count determined an AM Peak load of 30 trips, and a PM Peak load of 22 trips. Average daily trips was 354. With approval of the project, up to twenty-eight primary residential dwellings could be developed, which would generate approximately 280 additional traffic trips per day based upon 10 vehicle trips/day per dwelling unit as determined through the Trip Generation Manual of the Institute of Traffic Engineers for a single family residential use. There is a potential for each parcel to have a second dwelling. If each parcel is built with a second dwelling, there could be a total of 560 additional traffic trips per day. The increase in vehicle traffic generated by the project would be minor and would not cause any significant impacts to vehicle circulation in the area. This is well within the road capacity of 9,500 trips per day. The applicant is considering an exception request to the required road improvement standard for the proposed project. County Improvement Standards identifies an RS-8-LDII (20 acres to less than 40 acres – more than 4 parcels). The applicant, as part of the project, would as for either the RS-8-LDI or the RS-8-LDII (5 acres to 40 acres – 4 or fewer parcels). (c)No impact. The project is not located within an Airport Land Use Compatibility Zone, or within five miles of an airport. 66 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 35 of 47 ■ (d)(e) Less than significant with mitigation incorporated. Cox Lane extends 8,151 feet from Palermo-Honcut Highway to the projects west property line, thence 9,000 feet to the east boundary of the property, thence 4,200 feet to where it terminates as a county maintained road. From this point Cox Lane turns into “trail” road that dead ends 2,078 feet at North Honcut Creek. There is no bridge over the creek, and Dunstone Drive, a County maintained road, is another 800 feet further distant from the creek. This a total distance of 19,230 feet (4.1 miles) from Palermo-Honcut Highway to North Honcut Creek. Cox Lane is therefore classed as a dead end road (distances are approximate). Butte County Code Section 20-133 (a) 3 states: “Parcels zoned for 5 acres to 19.99 acres – 2640 feet” this being the maximum distance allowed for a dead end road under the current zoning of the property. Butte County Fire Department/California Department of Forestry has determined how a wider improved Cox Lane, along the parcel frontage, would provide the same practical effect as a secondary access. Mitigation Measure #14 requires that Cox Lane, along parcel frontage, be widened to satisfy access requirements. Cal Fire has identified that the project site is not in a designated high fire hazard area. The project does have the ability to provide a physical access to the north, but does not have the right to use the private roads to the north. As part of the project design the project provides a secondary (emergency) access for the residential parcels to the north. (f)No impact. Butte County Code Section 24-240 (b) requires two off-street spaces per dwelling. The proposed parcels have adequate room to provide two spaces each; therefore, the project would have no impact resulting from insufficient parking capacity. (g)No impact. The project is a large lot rural subdivision which is not conducive to typical alternative means of transportation. Mitigation Measure #16: Prior to recording of the Parcel Map, obtain CalFire/Butte County Fire approved alternative secondary access (widening of Cox Lane from Wayne Charles Road to eastern most cul-de-sac of the project) and construct or bond for such improvements. Plan Requirements: Any required alternative access is to be approved by Public Works and CalFire/Butte County Fire is to be reflected on the map recorded for the project. Timing: Approval to be obtained prior to recording of the map. Monitoring: The Department of Public Works and Cal Fire/Butte County Fire shall ensure that the parcel map reflects the approved alternative access. 4.17 UTILITIES AND SERVICE SYSTEMS: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a.Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board?X b.Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c.Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d.Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X 67 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 36 of 47 ■ Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document e.Result in a determination by the wastewater treatment provider which 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? X f.Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs?X g.Comply with federal, state, and local statutes, and regulations related to solid waste?X Impact Discussion: (a.)(b.) Less than significant impact. Sewage disposal for the existing/future dwellings would be handled by individual, on-site septic systems. All new septic systems placed on the proposed parcels must be approved and permitted by the Butte County Environmental Health Division. The project would not have an impact on any wastewater treatment facilities. (c.) No impact. No additional storm water facilities would be necessary as a result of this project. (d.) Less than significant impact. The project will be served by individual wells. Butte County Environmental Health has determined there is sufficient water supply for the proposed future development of the proposed project. (e.) No impact. The project will be served by individual septic systems. There will be no increase in capacity demand at the wastewater treatment facility. (f.)(g.) Less than significant impact. The project would result in a minor increase in the stream of waste being deposited in the Neal Road Landfill. The California Integrated Waste Management Board estimates that a typical residential household generates 10 to 12 pounds of waste per day (1.8 to 2.2 tons per year). According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018 and is currently seeking a permit to expand the landfill so that it can accommodate solid waste to the year 2034. Based on this information, and because the proposed project would comply with all applicable federal, state, and local statutes and regulations as they relate to solid waste, adequate permitted landfill capacity exists to accommodate the proposed project. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste. Mitigation Measure: None required 4.18 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a.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, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X 68 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 37 of 47 ■ Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document b.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)? X c.Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Initial Study Checklist Items 4.3 – Air Quality; 4.4 – Biological Resources; 4.5 – Cultural Resources; 4.6 – Geologic Processes, 4.8 Hazards & Hazardous Materials; 4.9 – Hydrology/Water Quality, 4.10 – Land Uses, 4.12 – Noise, 4.14 Public Services; and 4.16 – Transportation/Traffic. Cumulative impacts to these areas would be mitigated due to the inclusion of Mitigation Measures 1 through 16 as itemized under Section 5 – Mitigation Measures and Monitoring Requirements. Potential Cumulative Impacts: This project is located approximately ten-miles south of the Community of Palermo. In the approximately one-mile radius surrounding the project, Butte County is not currently processing any other land division entitlement applications that should be considered in the analysis of cumulative development applications. The proposed development is consistent with both the A-5 zoning of the property, and the 20 acre minimum of the Agricultural Residential General Plan designation. Therefore there is no cumulative impact. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure #1: The following measures shall apply to all development activities (excluding normal agricultural operations) on the project site. Additionally, a note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Dust generated by the development activities shall be kept to a minimum and retained on-site. Follow the air quality control measures listed below: Control Dust a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day’s activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. 69 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 38 of 47 ■ g. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information h. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices i. Maintain all construction equipment in proper tune according to manufacturer’s specification. j. Where feasible, give preference to utilizing the following equipment: •Electric equipment •Substitute gasoline-powered for diesel-powered equipment •Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. •Equipment that has Caterpillar pre-chamber diesel engines, as practical. •Diesel construction equipment meeting the CARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines. k. Construction workers shall park in designated parking area(s) to help reduce dust emissions.” 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. Mitigation Measure #2 ( 50’ No Disturbance Area around Vernal Pools/Seasonal Wetlands): Show on a separate document which is to be recorded concurrently with the map or on an additional map sheet a “Vernal Pool/Seasonal Wetland Buffer/Protection Area” measured not less than 50-feet from the outer edge of the wetlands to be maintained on site. Construction activities on and around the wetland buffer area shall be restricted based on USACE requirements. Restrictions may include establishment of avoidance buffer zones, installation of silt fences, or on-site containment of all on-site generated sediments. Plan Requirements: State and federal permits for any proposed modifications to vernal pools/seasonal wetlands shall be completed prior to recordation of the parcel map. No vegetation removal, grading, road construction, or other earthwork shall be permitted until the 50-foot no disturbance buffer area, consistent with state and federal requirements, if any, around the vernal pool/seasonal wetlands has been established around wetlands consistent with state and federal requirements, to the satisfaction of the Development Services Director. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that the vernal pool/seasonal wetland buffer area and related note are placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans. Butte County building inspectors shall ensure compliance on-site. Mitigation Measure #3 (Waters of the U.S.): To the extent practicable, the discharge of dredged or fill material into “waters of the U.S.” shall be avoided (this also includes waters not subject to USACE jurisdiction, but subject to the Regional Water Quality Control Board (RWQCB) jurisdiction. This includes avoiding activities that would obstruct the flow of, or alter the bed, channel, 10170 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 39 of 47 ■ or bank of any intermittent or ephemeral creeks. If complete avoidance is implemented, no further measures are necessary. If complete avoidance is not practicable, a no net loss of wetlands policy shall be employed and the appropriate permits (i.e.; Section 404 permit) shall be obtained prior to recordation of the final map. In addition, the project applicant shall obtain a Section 401 certification from the RWQCB, as necessary. The project shall comply with all permit conditions and employ best management practices and measures (established by the USACE and other regulatory agencies) to minimize and compensate for potential impacts to any jurisdictional waters or habitat areas. Furthermore, the following measures shall be implemented: 1)Prior to any discharge of dredged or fill material into “waters of the U.S.” authorization under a Nationwide Permit shall be obtained from the USACE. For any features determined to not be subject to USACE jurisdiction during the verification process, authorization to discharge (or a waiver from regulation) shall be obtained from the RWQCB. For fill requiring a USACE permit, water quality certification shall be obtained from the RWQCB prior to discharge of dredged or fill material. 2)Prior to any activities that would obstruct the flow of, or alter the bed, channel, or bank of any intermittent or ephemeral creeks, notification of streambed alteration shall be submitted to the CDFG and, if required, a streambed alteration agreement shall be obtained. 3)Construction activities that will impact “waters of the U.S.” shall be conducted during the dry season to minimize erosion. Appropriate sediment control measures to protect avoided “waters of the U.S.” shall be in place prior to the onset of construction and shall be monitored and maintained until construction activities have ceased. Temporary stockpiling of excavated or imported material shall occur only in approved construction staging areas. Excess excavated soil shall be used on site or disposed of at a regional landfill or other appropriate facility. Stockpiles that are to remain on the site through the wet season shall be protected to prevent erosion (e.g. silt fences, straw bales and/or covered). 4)Loss of wetlands shall be compensated at a minimum of a 2:1 creation ratio (i.e. two acres created for each acre destroyed). This can be accomplished through purchase of appropriate credits at a USACE approved mitigation bank, appropriate payment into a USACE approved in-lieu fee fund, or on-site or off-site creation, monitoring, and maintenance (as approved by the USACE or RWQCB). 5)Loss of “other waters” shall be compensated through purchase of appropriate credits at a USACE approved mitigation bank, appropriate payment into a USACE approved in-lieu fee fund, or through placement of avoided waters and associated riparian buffers into a conservation easement or similar protective mitigation The amount of avoided waters and riparian buffers to be permanently protected shall be sufficient to offset the impact and shall be determined by the USACE and the applicant during the permitting process. 6)As required, any monitoring, maintenance, and reporting required by the regulatory agencies (i.e. USACE, RWQCB and CDFG) shall be implemented and completed. As required, all measures contained in the permits or associated with agency approvals shall be implemented. Plan Requirements: Vegetation removal, grading, road construction, or other earthwork shall be in compliance with state and federal regulations. If avoidance of wetland fill cannot be achieved, then the project shall comply with all permit conditions and employ best management practices and measures (established by the USACE and other regulatory agencies) to minimize and compensate for potential impacts to any jurisdictional waters or habitat areas. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: The Butte County Department of Development Services and Department of Public Works shall ensure that appropriate permits, if required, from state and federal agencies have been obtained prior to recordation of the parcel map. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify the requirements of the state and federal regulations, if required, have been completed and submitted to the Director of Development Services. Butte County building inspectors shall ensure compliance on-site. Mitigation Measure #4 (50’ No Disturbance Setback from Streams): Show/Depict on a separate document, which is to be recorded concurrently with the map or on an additional map sheet, a “50-foot No Development Area” along seasonal streams. Plan Requirements: The recorded parcel map must show the 50’ no disturbance setback around the vernal pool/seasonal wetlands sites and seasonal streams. 71 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 40 of 47 ■ Timing: The requirements of this mitigation measure shall be adhered to at all times. The note shall be recorded prior to final map. Monitoring: The Planning Division and the Public Works Department shall ensure that recorded parcel map identifies vernal pool sites with 50’ setbacks. The Department of Development Services shall ensure that the note is placed on all affected building and site plans. Mitigation Measure #5 (Protection of Vernal Pools during Construction): Prior to land disturbance, a development barrier around seasonal swales and vernal pools shall be established. A “no disturbance” buffer zone (50 feet) shall be established around the vernal pools/seasonal wetlands and clearly identified. During construction activities, the vernal pools/seasonal wetlands and seasonal swales shall be protected with the installation of storm wattles, silt fencing or other sediment catching materials, along with orange construction fencing designating the outer limit of the 50-foot buffer zone to prevent disturbance of these areas. Plan Requirements: No. development is permitted within 50’ of vernal pool sites/seasonal wetlands as depicted on the final map. Timing: The requirements of this mitigation measure shall be adhered to at all times during development/land disturbance. Monitoring: To avoid sediment or other materials from building up along the protection measures, the sediment or other materials will be removed way from the protected area routinely and/or prior to a storm event. Mitigation Measure #6 (Pre-construction Surveys for Raptors): If construction activities occur between March 1 and July 31, preconstruction surveys shall be conducted. A pre- construction shall be conducted no more than 14 days prior to the construction activities during the early part of the breeding season (March – April) and no more than 30 days prior to the initiation of the construction activities during late breeding season (May – July). During this survey, the qualified wildlife biologist shall inspect all trees in and immediately adjacent to the impact area for raptor and migratory bird nests. If the survey does not identify any nesting raptor species on or near the construction site, further mitigation is not required. If any raptor species are found nesting on or near the construction site (within 500 feet of construction activities), the following shall be implemented: Prior to the disturbance, grading or construction, the project applicant, in consultation with California Department of Fish & Game (CDFG) and Butte County Planning, shall avoid all birds of pray or migratory bird nest sites located in the construction area during breeding season while the nest is occupied with adult and/or eggs or young. The occupied nest shall be monitored by a qualified wildlife biologist to determine when the nest is no longer used. Avoidance shall include the establishment of a no disturbance buffer zone around the nest site. The size of the buffer zone shall be determined in consultation with the CDFG. Highly visible temporary construction fencing shall delineate the buffer zone. Plan Requirements: The applicant/developer shall provide the Department of Development Services a copy of the pre-construction survey prior to construction. Timing: The requirements of this mitigation measure shall be adhered to at all times. This measure shall be implemented during all site preparation and construction activities. Monitoring: The Planning Division shall require submittal and review of the pre-construction survey prior to construction/land disturbance. Mitigation Measure #7 (Map Note requiring Pre-construction Surveys for Raptors) 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 construction activities occur between March 1 to July 31, preconstruction surveys shall be conducted. A pre-construction shall be conducted no more than 14 days prior to the construction activities during the early part of the breeding season (March – April) and no more than 30 days prior to the initiation of the construction activities during late breeding season (May – July). During this survey, the qualified wildlife biologist shall inspect all trees in and immediately adjacent to the impact area for raptor and migratory bird nests.” 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. No. development is permitted within 50 feet of vernal pool sites and Seasonal Wetlands as depicted on the final map. 72 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 41 of 47 ■ Timing: The requirements of this mitigation measure shall be adhered to at all times. This measure shall be implemented during all site preparation and construction activities. Monitoring: The Planning Division 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. The Department of Development Services shall ensure that the note is placed on all building and site plans. Building inspectors shall spot check and shall ensure compliance on-site. Mitigation Measure #8 (Oak Mitigation Plan): Prior to road construction or recordation of the parcel map, an Oak Mitigation Implementation Plan shall be prepared by a certified arborist, registered professional forester, botanist or landscape architect to the satisfaction of the Director of Development Services or his/her designee for the removal of approximately 100 oak trees 5 inches dbh or larger. The applicant shall minimize the removal of oak trees deemed suitable for retention. The removal of any oak trees 5 inches or more in diameter at breast height shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. The Plan shall be prepared in accordance with the following: 1) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. a. A minimum of 3 native blue oak trees of 5 gallons or larger size shall be planted for each blue oak tree removed that is greater than or equal to 5-inches diameter at breast height (DBH) and a minimum of 3 native live oak trees of 5 gallons or larger size shall be planted for each live oak tree removed that is greater than or equal to 5-inches diameter at breast height (DBH). b. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. c. Trees planted shall be protected from livestock and other animals; 2) Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted. A bond shall be posted for replanting of the trees and/or other terms established for their maintenance. 3) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. a. Oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. b. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil unless authorized by Oak Tree Mitigation Plan. c. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. 4) If adequate oak tree mitigation consistent with PRC §21083.4(b)(2) cannot be established onsite, mitigation shall be completed by one or more of the following: establishing conservation easements, contributing funds for off-site oak woodlands conservation (i.e. Oak Woodlands Conservation Fund administered by the California Wildlife Conservation Board), and/or other mitigation measures developed by Butte County. Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee. Plan Requirements: No map shall be recorded and no vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. 73 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 42 of 47 ■ Timing: Requirements of the condition shall be satisfied prior to recordation of the map or any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: Staff in the Department of Development Services will require Mitigation Implementation Plan prior to recordation. At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that the terms of the Mitigation Implementation Plan have been met. Butte County building inspectors shall ensure compliance on-site. Mitigation Measure #9 (Map Note requiring Blue Oak Retention and Protection): Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Prior to any development activity or the issuance of any permit or approval that involves removing or encroaching upon oak trees on the project site (this generally includes the canopy drip-line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime) an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or designee that includes: 1) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanting oak trees cannot account for more than one-half of the mitigation. a. A minimum of 3 native blue oak trees of 5 gallons or larger size shall be planted for each blue oak tree removed that is greater than or equal to 5-inches diameter at breast height (DBH) and a minimum of 3 native live oak trees of 5 gallons or larger size shall be planted for each live oak tree removed that is greater than or equal to 5-inches diameter at breast height (DBH). b. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. c. Trees planted shall be protected from livestock and other animals; 2) Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted. A bond shall be posted for replanting of the trees and/or other terms established for their maintenance. 3) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. a. Oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. b. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil unless authorized by Oak Tree Mitigation Plan. c. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. 4) If adequate oak tree mitigation consistent with PRC §21083.4(b)(2) cannot be established onsite, mitigation shall be completed by one or more of the following: establishing conservation easements, contributing funds for off-site oak woodlands conservation (i.e. Oak Woodlands Conservation Fund administered by the California Wildlife Conservation Board), and/or other mitigation measures developed by Butte County. Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee. 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. No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. 74 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 43 of 47 ■ Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any grading, building, septic, or well permit, or the approval of any improvement plans on the parcels. Monitoring: At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that an Oak Tree Mitigation Plan has been submitted to and approved by the Director of Development Services or his/her designee. The applicant is to maintain a Mitigation Monitoring Fee deposit account to offset the departments’ inspection costs. Butte County building inspectors shall ensure compliance on-site. Mitigation Measure #10 (Building Envelopes): Place a note on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet which states: “Prior to site clearance and development, with regards to individual lot development, building envelopes, not more than three acres in size, shall be indentified to maintain and protect identified vernal pools/seasonal wetlands and to limit impacts on oak trees on the project site. Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with the parcel map or on an additional map sheet and all building and site development plans. Timing: Requirements of the condition shall be satisfied prior to, or in conjunction with, recordation of the map. Monitoring: The Department of Development Services shall ensure that the building envelopes are included as part of development permits. The Planning Division shall ensure compliance through the building permit process and routine inspection and review. Mitigation Measure #11: (Mitigation Monitoring Costs): The Department of Development Services (DDS) is responsible for monitoring the landowner’s compliance with all conditions of approval, conservation measures, and mitigation measures. As the cost of ongoing monitoring of Measures and Conditions of Approval is not included in the County’s Tentative Parcel Map application fees, at the discretion of the Director of DDS (Director), the cost of DDS staff and consultant time directly related to the monitoring of compliance with conditions of approval will be billed to and borne by the landowner at the current established DDS Planning Division hourly rate. The current fee amount established in Butte County Code and implementing resolutions for Measure and Condition of Approval Monitoring (currently a $978.00 deposit against which time is billed) shall be paid within 30 days of the date of project approval. Regarding the monitoring of relevant measures and conditions of approval after approval and/or recordation of the map, the landowner shall maintain this fee with DDS in an amount (not to exceed the established maximum) at a level determined by the Director to ensure adequate ongoing measure and condition of approval monitoring. Mechanisms which may be used by the County to address failure by the landowner to maintain the adequate fee amount may include but are not limited to “stop work” orders, denial of building permits and/or certificates of occupancy, revocation of project approval and imposition of performance bonds at the discretion of the Director of DDS. Plan Requirements: Construction monitoring reports shall meet protocol requirements of US Fish and Wildlife Service and/or California Department of Fish and Game. Timing: This measure shall be implemented during grading, excavation, and compaction of soils, during construction within or near ditches, and as determined necessary by the site monitor. Monitoring: On site inspectors and mitigation monitors for the project will periodically monitor as needed to ensure that the requirements of the Measures are adhered to throughout grading, excavation, and construction periods. Mitigation Measure #12: 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: “Should 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. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine 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 note shall be 75 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 44 of 47 ■ 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. Mitigation Measure #13: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Construction, installation or development of structures or facilities and/or roads, driveways, gates and bridges on the parcels/lots shall comply with the latest California Fire Safe Regulations, Public Resources Code 4290/4291, and all other applicable State and County codes, ordinances and regulations in effect at the time of application for permits and current Butte County Improvement Standards, whichever is stricter, or as approved by the Advisory Agency.” 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. All requirements shall be shown on building plans. Timing: Requirements of the mitigation shall be adhered to when applying for building permits. Monitoring: The Butte County Fire Department and the Department of Development Services shall ensure that submitted building plans are consistent with appropriate codes. Mitigation Measure #14: Place the following note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “To reduce construction-generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit construction activity to daytime hours (7:00 a.m. to 6:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine-driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction.” 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: The mitigation shall be applicable during all construction activities. Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Department of Development Services shall investigate all complaints of excess construction-related noise. 76 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 45 of 47 ■ Mitigation Measure #15: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association (NFPA) Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the parcels.” A note stating. “Automatic Fire Sprinklers conforming to NFPA Standard 13D or 13R is required” is to be added to all affected building plans or, as amended by code, or to the satisfaction of the Fire Chief. for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system, with hydrants that meet Fire Department specifications, serves the parcels.” 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 and on all building and site development plans. Timing: Interior fire sprinkler systems shall be installed in all new residential structures at the time of building construction. Monitoring: The Department of Public Works and the Department of Development Services shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building Division plan checkers shall ensure that the building plans for residential structures include interior fire sprinkler systems. Building inspectors shall ensure all residential structures have a functioning interior fire sprinkler system prior to the final inspection, by conducting an on-site inspection. Mitigation Measure #16: Prior to recording of the Parcel Map, obtain CalFire/Butte County Fire approved alternative secondary access (widening of Cox Lane from Wayne Charles Road to eastern most cul-de-sac of the project) and construct or bond for such improvements. Plan Requirements: Any required alternative access is to be approved by Public Works and CalFire/Butte County Fire is to be reflected on the map recorded for the project. Timing: Approval to be obtained prior to recording of the map. Monitoring: The Department of Public Works and Cal Fire/Butte County Fire shall ensure that the parcel map reflects the approved alternative access. 77 South Oroville Land Dev. LLC Tentative Parcel Map, File # TPM08-0007 ■Butte County Department of Development Services ■ Planning Division ■ ■ Initial Study for South Oroville Land Dev. LLC ■ Parcel Map TPM08-0007 ■ Page 46 of 47 ■ 6.0 ENVIRONMENTAL REFERENCE MATERIAL: 1.Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 2.Farmland Mapping and Monitoring Program. Important Farmlands Map for Butte County. California Department of Conservation, Land Resources Protection Division. 2010. 3.Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 4.Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 5.Butte County Planning Department. Butte County GIS Data. Oroville, CA: November 2001. 6.Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 7.Department of Toxic Substance Control. EnviroStor Database. 0Hhttp://www.dtsc.ca.gov/ (accessed April 16, 2012) 8.Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 9.Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 10.Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 11.Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 12.Butte County Planning Department. Noise Element Map IV-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 13.Butte County Planning Department. School District Map. Oroville, CA. 14.Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 15.National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1998 and 2000. 16.USGS Quad Maps. 17.California Natural Diversity Database (CNDDB Rarefind 3, Government Version, 2010). 18.Institute of Transportation Engineers. Trip Generation, 6th Edition. 1997. 19.United States Census Bureau. Census 2000 Data for the State of California.1Hhttp://www.census.gov/census2000/states/ca.html (accessed January 31, 2007) 20.United States Fish and Wildlife Service. USFWS Threatened and Endangered Species Systmes (TESS) for California/Nevada (Region 8). [report generated 8 February 2007; cited 8February 2007] Available from 2Hhttp://ecos.fws.gov/tess_public/SpeciesReport.do?lead=8&listingType=L. 21.California Native Plant Society (CNPS). 2008. Inventory of Rare and Endangered Plants (online edition, v7-0d. California Native Plant Society. Sacramento, CA Accessed on Mon, Mar. 17, 2009 from http://www.cnps.org/inventory 22.Calflora: Information on California plants for education, research and conservation. [web application]. 2007. Berkely, California: The Calflora Database [a non-profit organization]. Available: 3Hhttp://www.calflora.org/. (Accessed: Mar. 17, 2009). 23.California Department of Fish and Game. 24.Dam Inundation Map, California State Office of Emergency Services 25.California Geological Survey (CGS), Mineral Resource Zone (MRZ) 26.Soil Survey of Butte Area, Parts of Butte and Plumas Counties (NRSC, 2006) 27.CEQA Air Quality Handbook: Guidelines for Assessing Air Quality Impacts for projects subject to CEQA Review 28.Bole and Associates, Biological Inventory & Wetland Determination, Cox Lane Project (South Oroville Estates), Update March 12, 2012. 29.Marcus H. Bole and Associates, Biological Inventory & Wetland Determination, Cox Lane Project, June 7, 2012. 30.Vasquez Forest Management, Valencia Estates Tree Report, December 1, 2008. 31.Vasquez Forest Management, Tree Report, January 29, 2010. 78 79