HomeMy WebLinkAboutUP24-0004 PC ReportPLANNING COMMISSION STAFF REPORT
January 23, 2025
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CONDITIONAL USE PERMIT
24 UNIT MOBILE HOME PARK EXPANSION
Project #:
Supervisor District:
UP24-0004
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APN: 078-050-031
Parcel Size:
Applicant:
6.68 ± acres
Jason Taylor
Project Type: Conditional Use Permit (UP)
Staff Planner:
Location:
Tristan Weems, AICP, Senior Planner
The project site is unaddressed, located south of 6355 Lincoln Blvd, Oroville, approximately ½ mile east of the Oroville City Limits and 4,000 feet south of the Lincoln Blvd / Ophir Rd intersection.
Zoning:
General Plan:
Proposed Use:
Attachments:
Medium High Density Residential (MHDR)
Medium High Density Residential (MHDR)
Residential
A: Planning Commission Resolution with Exhibit A, Conditions of Approval
B: PG&E easement restrictions
C: South Feather Water and Power will-serve letter
D: Mitigated Negative Declaration
E: AB-52 Mooretown Rancheria Comment
F: Existing and Proposed Layouts
STAFF RECOMMENDS APPROVAL OF THE CONDITIONAL USE
PERMIT
PROJECT SUMMARY
The project is located on a 6.68-acre parcel zoned Medium High Density Residential (MHDR) with the Assessor Parcel Number of 078-050-030 as an expansion of the existing 4.79 acre, 46-unit Iron Oaks Mobile Home Park
located north on APNs 078-050-027, -028. The proposal adds 24 mobile home units, five (5) recreational vehicle (RV) storage spaces and 5 separate automobile parking spaces. The use is allowed in the MHDR zone with an approved conditional use permit. The applicant proposes a new onsite wastewater system for sewage disposal, and potable water provided by the South Feather Water & Power Agency. The site accesses the western side of Lincoln Boulevard, a County-maintained Road, and is within the Oroville Sphere of Influence. Internal
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circulation will be provided by a 25’ wide paved roadway connected to the parcel to the north at two locations.
Exhibit 1: Vicinity map
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CEQA Review: Initial Study, Mitigated Negative Declaration (IS/MND)
An Initial Study (IS) and Mitigated Negative (MND) were prepared for the Project in accordance with the California
Environmental Quality Act (CEQA). The MND concludes the Project will not result in any significant adverse
effects on the environment, as the potential impacts identified during the review can be adequately mitigated by
implementing recommended measures. The California State Central Valley Water Board reviewed the IS/MND
and returned conditions as stated in Attachment A. The California Department of Fish and Wildlife also reviewed
the IS/MND and had no comments. Pursuant to AB-52 a request for comments was sent to eight local tribal
representatives. The Mooretown Rancheria responded (Attachment E.) and Condition #12 was incorporated into
the Use Permit.
Staff recommends that the Planning Commission adopt the prepared Initial Study/Mitigated Negative
Declaration. State Clearinghouse Number: 2024110933 pursuant to the California Environmental Quality Act
(CEQA).
STAFF RECOMMENDATION: APPROVAL WITH CONDITIONS
SITE INFORMATION
PARCEL SIZE (AC) BUILDING AREA (SF) ZONING GENERAL PLAN 6.68 16,128 MHDR MHDR
• The project parcel is currently unaddressed (APN 078-050-031) located south of the existing Iron Oaks
Mobile home park (6355 Lincoln Boulevard) in Oroville.
• The project site is undeveloped with ruderal / and oak tree vegetation that covers the central and western
portion of the property.
• Wyman Ravine, within the dredge tailings area as noted on the topography map, runs north / south on
the eastern portion of the property, set approximately 130 feet west of the eastern property line. This
area, including the riparian vegetation will not be directly impacted by the proposed development area.
• The project site has an approximate elevation of 140 feet above sea level.
• The project parcel is relatively flat but slopes gently from Lincoln Blvd (to the west) to Wyman Ravine to
the east.
• The project area is noted as “Dredger Tailings with Riparian Forest / Scrub” by the Butte County
Association of Government’s Habitat Conservation Plan.
• The project site contains a sparse mix of oak trees, shrubs and other ground cover.
• The western half of the project parcel is identified as being within a flood zone “X” (unshaded) delineated
with a southwesterly line from the north and within flood zone “A” in the eastern portion as shown on the
applicable Federal Emergency Management Agency Flood Insurance Rate Map.
• The project site soil type is “Gravely Fine Sandy Loam” as per the USDA Web Soil Survey.
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• The site is not within an active Alquist-Priolo Earthquake Fault Zone or an aftershock zone, but is located
approximately 4.5 miles east of the Cleveland Hills Fault, the only known active fault trace in Butte
County.
• The project site is located within the Palermo Union School District / Palermo Union Elementary School
District and Oroville Union High School District, the nearest public school is Palermo Middle School
approximately 1.4 miles southeast of the project site.
Exhibit 2: Aerial image of project site showing Wyman Ravine
• TABLE 1: COMPARISON OF SURROUNDING PROPERTIES
Vicinity General Plan Designation Zoning Current Use
Subject Property MHDR MHDR Vacant Land / PG&E Transmission Lines
North MHDR MHDR Existing Iron Oaks Mobile Home Park
South RR RR-5 Vacant / Residential
East RR RR-5 Vacant / Residential
West I GI Mobile Home Park and Business - “Tom’s Mobile and Motor”
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ZONING REVIEW / ANALYSIS
Exhibit 3: Zoning map
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Zoning Consistency
Butte County Code section 24-18 (I) – Medium High Density Residential (MHDR) Zone
The purpose of the MHDR zone is to allow for a mixture of housing types in a medium high density setting.
Permitted housing types in the MHDR zone include single-family homes, duplex homes, multi-family dwellings,
and accessory dwelling units. The MHDR zone also conditionally permits mobile home parks. Non-residential
uses conditionally permitted in the MHDR zone include public and quasi-public uses, park and recreational
facilities, personal services, medical offices and clinics, and general retail. The maximum permitted residential
density in the MHDR zone is fourteen (14) dwelling units per acre. The MDHR zone implements the Medium
High Density Residential land use designation in the General Plan.
Definition
Butte County Code section 24-304 – Definitions: Mobile Home Park
Mobile Home Park. An area of land where two (2) or more mobile home lots are rented or leased or held out for
rent or lease to accommodate mobile homes used for human habitation. The rental paid for any such mobile
home shall be deemed to include rental for the lot it occupies. Mobile Home Park also means a mobile home
development constructed according to the requirements of Article II.1 (commencing with Section 18200) of
Division 13 of the Health and Safety Code, and intended for use and sale as a mobile home condominium or
cooperative park, or as a mobile home planned unit development.
Planning (Chapter 24):
The proposal to add 24 mobile home spaces and expand the Iron Oaks Mobile Home Park is permitted under
Butte County Code use table 24-19-1 with a conditional use permit in the MHDR zone pursuant to section 24-
167 (Mobile home parks). The proposed mobile homes will meet the minimum size of 320 square feet pursuant
to 24-167 A. 2. as the proposed homes are 672 square feet in size. The total site area which considers the
existing mobile home park to the north (APNs 078-050-028 and 078-050-027) as contiguous to the project parcel
is 11.47 acres, which meets the minimum 10 acres pursuant to 24-167 B. 1. The maximum residential density of
the parcel is 14 units per acre, with no minimum. The proposed density of the project is 3.59 units per acre and
is compliant with 24-167 B. 2. The internal circulation will be provided by a 25’ driveway that will be paved as
required by 24-167 D. 1. and connected in two locations to the existing Iron Oaks Mobile Home Park which
accesses Lincoln Boulevard, located to the north. All structures in the mobile home park are setback a minimum
of twenty-five (25) from any public road and satisfy the setback requirements of 24-167 B. 4. a. All utilities shall
be installed underground pursuant to 24-167 B. 5.
Parking:
The number of parking spaces required is 1 per dwelling plus 1 guest space for every 5 dwellings and 1
recreational vehicle parking space for every 5 dwellings. There are 5 guest parking spaces and 5 recreational
vehicle parking spaces proposed, which satisfy the requirements in table 24-93-1. The typical layout for the new
mobile home spaces shows tandem parking. The parking shown on the site plan satisfies the mobile home park
parking section 24-167 B. 3. a.
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PG&E Right of Way:
There is a 100’ Pacific Gas and Electric (PG&E) right of way for power transmission lines that traverses the
eastern portion (north to south) of the property, which includes a portion of the Minimum Usable Wastewater
Area (MUWA). No residential structures are permitted within this area, as shown on the site plan. Per
correspondence with PG&E the applicant has identified that the supplemental personal vehicle parking is
permissible within the transmission line easement area (Attachment B).
Public Works:
The Butte County Public Works Department has reviewed this project and found interior streets and signage will
be constructed to State of California HCD standards pursuant to 25 CCR § 1106. Public works returned the
following comments:
1. The Public Works Department verifies that secondary access/dead-end road standards have been met.
All roads exceeding the State-defined dead-end road lengths must provide legal secondary access. See
Butte County Code of Ordinances 20-133 for standards.
2. The Public Works Department verifies that the property has legal primary and secondary access (direct
access to a publicly maintained road or deeded access to private roads out to the nearest publicly
maintained road).
3. The Public Works Department has reviewed the sight distance from all proposed driveway and road
approaches and verifies that the sight distance is adequate as proposed.
4. Public Works has reviewed the project for traffic impacts against the County’s Traffic Impact Study
Guidelines. Based on the proposed use, the project does not meet the thresholds for a Traffic Impact
Study.
In addition, the Public Works Department has returned conditions related to streets (encroachment
improvements, project signage and traffic safety signs), soils, drainage and flooding. See Attachment A.
Environmental Health:
The Butte County Environmental Health division has reviewed the plan for a community septic system with a
5,000 square foot MUWA as shown on the site plan. The provided will serve letter from South Feather Water
and Power (Attachment C.) confirms potable water access to the development. The Environmental Health review
has been approved with conditions as shown below in Attachment A.
Butte Fire:
The Butte County Fire department approved their review of the project with conditions, including but not limited
to: a Vegetation Management Plan to reduce flammable material and fire risk, and a fire hydrant requirement.
The Butte County Fire department conditions are shown below in Attachment A.
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Building Division:
The Butte County Building Division has approved their review of the project with conditions as shown below in
Attachment A, including the requirement of a building permit for any stick-built structures and an operating permit
from HCD.
Mooretown Rancheria:
Mooretown Rancheria commented on the project through AB-52 outreach and noted if any tribal cultural artifacts or Native American human remains were found during the development of the site that their Tribal Historic Preservation Officer be notified (see Attachment E. and Condition #12 in Attachment A).
City of Oroville:
The project parcel is located within the City of Oroville Sphere of Influence and the City’s Planning Department
returned no comment after circulation of the project application.
Exhibit 4: Existing facilities (see attachment for additional details)
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Exhibit 5: Photos: Left (future access road from the north), Right (scrub oak and ruderal vegetation)
Exhibit 6: Proposed layout (see attachment for additional details)
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PUBLI C COMMENT
No public comments have been received by the time of drafting this staff report.
STAFF RECOMMENDATION
Staff recommends approval of the Iron Oaks Mobile Home Expansion UP24-0004
Recommended Motion: Staff recommends that the Planning Commission adopt the IS/MND and approve Use Permit UP24-0004 for a 24 mobile home park expansion, subject to the findings and conditions in Attachment A.
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ATTACHMENT A RESOLUTION PC25-01 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT UP24-0004 WHEREAS, the Planning Commission has considered Use Permit UP24-0004 for Jason Taylor, on Assessor’s Parcel Number 078-050-031; and WHEREAS, said project was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and
WHEREAS, a duly noticed Planning Commission hearing was held on January 23rd, 2025; and
WHEREAS, the additional 24 residential units support the Regional Housing Needs Plan and Allocation in addition to the General Plan 2040 Housing Element goals and policies; and
WHEREAS, the Planning Commission has considered a staff report from the Planning Division.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission:
I. Has considered the Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA), and adopts the Mitigated Negative Declaration with the following findings:
A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said Study identified potentially significant environmental effects and included mitigation measures.
B. The Planning Commission has considered the Mitigated Negative Declaration, together with comments received during the review process.
C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Jason Taylor, Planning Division File No. UP24-0004, with
conditions here attached, would have a significant effect on the environment.
D. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency.
II. Finds that collection of fees pursuant to Fish and Wildlife Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Wildlife that the project is
exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c)(3)).
III. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965.
IV. Approves Use Permit UP24-0004 for Jason Taylor, subject to the conditions found in Exhibit A and the following findings:
A.The proposed use is allowed in the applicable zone.
The project parcel is zoned MHDR (Medium High Density Residential). The MHDR
zone permits new Mobile Home Parks with a Conditional Use Permit entitlement.
B.The location, size, design, and operating characteristics of the proposed use will be
compatible with the existing and future land uses in the vicinity of the subject property.
The proposed Mobile Home Park is an extension of the existing Iron Oaks MobileHome Park and will be compatible with the existing residential and vacant land uses
and any future land uses on-site or in the vicinity.
C.The proposed use will not be detrimental to the public health, safety, and welfare ofthe County.
The proposed Mobile Home Park expansion has been evaluated by the applicable
County Agencies which provided conditions and have approved their reviews of theproject with respect to the public health, safety, and welfare of the County.
D.The proposed use is properly located within the County and adequately served byexisting or planned services and infrastructure.
A will serve letter from the South Feather and Water and Power Agency has been
obtained to provide potable water to the site.
The project site would be served by a private access drive off of Lincoln Boulevard
through an existing encroachment – accessed from the existing Iron Oaks Mobile
Home Park.
The project has been evaluated for impacts to fire protection services and has been
approved with conditions by Butte County Fire Department. Including the condition for
a fire hydrant.
The California State Office of Public-School Construction estimates a statewide
average student yield average of 0.5 students per household, assuming 24 new mobile
home spaces the project could result in 12 new students – not anticipated tosignificantly impact demand for school services in the Oroville / Palermo area.
The project would not result in any significant increase of demand for existing local
and regional park facilities.
E.The size, shape, and other physical characteristics of the subject property areadequate to ensure compatibility of the proposed use with the existing and future landuses in the vicinity of the subject property.
The proposed project is located in the western portion of the subject parcel. The site
area, which considers the existing mobile home park to the north (APNs 078-050-028and 078-050-027) as contiguous to the project parcel is 11.47 acres, meets the
minimum 10 acres pursuant to 24-167 B. 1. The project parcel is not located in any
specific plan or overlay zone. Surrounding land uses include residential developmentand vacant land on lots ranging in size from 6.33 to 26.55 acres.
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DULY PASSED AND ADOPTED this 23rd day of January, 2025, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
_____________________________ , Chair Planning Commission County of Butte, State of California
ATTEST:
_____________________________ Courtney Kingsley, Secretary Planning Commission
County of Butte, State of California
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EXHIBIT A
CONDITIONAL USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE OF APPROVAL:
UP24-0004
PERMIT NO.
078-050-031
ASSESSOR’S PARCEL NO.
This Conditional Use Permit, pursuant to the provisions of the Zoning Ordinance of the County of
Butte and the special conditions set forth below permits the following: development of a 24-unit
mobile home park as an extension of the existing Iron Oaks mobile home park located directly to
the north of the project parcel. The project also includes 5 standalone personal vehicle parking
spaces and 5 recreational vehicle storage spaces (without hookups). The project site is 6355
Lincoln Blvd, located approximately ½ mile east of the Oroville City Limits APN 078-050-031 in
the Medium High Density Residential (MHDR) zone. The project will be served by a community
on-site septic system and is served by South Feather Water and Power Agency for potable water.
The site takes access from County maintained Lincoln Boulevard and is located within the City of
Oroville Sphere of Influence.
I.GENERAL REQUIREMENTS, CONDITIONS, AND RESTRICTIONS:
1.Failure to comply with the conditions specified herein as the basis for approval of
application and issuance of permit constitutes cause for the revocation of said permit in
accordance with the procedures set forth in the Butte County Zoning Ordinance, including
Butte County Code section 24-251 (Permit Revocation and Modification).
2.Unless otherwise provided for in a special condition to this Use Permit, all conditions must
be completed prior to or concurrently with the establishment of the granted use. The use
granted by this permit must be established within two years of the date of approval.
3.Changes to this Use Permit may be approved in accordance with the requirements of
Butte County Code section 24-246 (Changes to an Approved Project).
4.If any use for which a Use Permit has been granted is not established within two years of
the receipt of the permit by the Permittee consistent with conditions of approval herein,
the permit shall become null and void and reapplication pursuant to Butte County Code
section 24-248. Resubmittals shall be required to establish the use previously granted
under the expired permit unless, 30 days prior to the expiration date, a request for a one-
year extension is submitted to the Planning Commission together with sufficient evidence
that the time limits for processing development permits under federal or State regulations
require time limits which exceed one year. Upon application, and for good cause by the
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Permittee, at a public hearing pursuant to Article 36 of Butte County Zoning Code, the
Planning Commission may extend any time limit previously made a part of any condition
to a Use Permit.
5. The terms and conditions of this permit shall run with the land and shall be binding upon
and to the benefit of the heirs, legal representatives, successors, and assigns of the
Permittee.
6. Neither the applicant nor any agent nor representative of the applicant shall intentionally
omit or misrepresent any material fact in connection with the application. Any alleged
material misrepresentation shall constitute grounds for the Director of Development
Services to commence a revocation hearing and, if proven to exist, shall constitute
sufficient grounds to revoke the permit.
II. CONDITIONS OF APPROVAL:
Department of Development Services, Planning Division
1. Mitigation Measure AES-1:
All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to
the premises. A light source shall not shine upon or illuminate directly on any surface other than
the area required to be lighted. No lighting shall be of the type or in a location such that it
constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street.
Plan Requirements: This note shall also be placed on all building and site development plans.
Timing: The provisions of this mitigation measure shall be complied with at all times.
Monitoring: The Development Services Department shall investigate and respond to any
complaints of excess glare or light originating from the project site.
2. Mitigation Measure AIR-1
The following best practice measures to reduce impacts to air quality shall be incorporated by the
project applicant, subject property owners, or third-party contractors during construction activities
on the project site. These measures are intended to reduce criteria air pollutants that may
originate from the site during the course of land clearing and other construction operations.
Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater
than 10,000 Pounds
• All on- and off-road equipment shall not idle for more than five minutes. Signs shall be
posted in the designated queuing areas and/or job sites to remind drivers and operators of the
five-minute idling limit.
• Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is
prohibited.
• All construction equipment shall be maintained in proper tune according to the
manufacturer’s specifications. Equipment must be checked by a certified mechanic and
determined to be running in proper condition before the start of work.
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• Install diesel particulate filters or implement other CARB-verified diesel emission control
strategies.
• Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air
conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth
for greater than 5 minutes at any location when within 100 feet of restricted areas.
• To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce
peak hour emissions.
Operational TAC Emissions
• All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with
applicable Airborne Toxic Control Measures (ATCMs) promulgated by the CARB
throughout the life of the project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm).
• Stationary sources shall comply with applicable District rules and regulations.
Fugitive Dust
Construction activities can generate fugitive dust that can be a nuisance to local residents and
businesses near a construction site. Dust complaints could result in a violation of the District’s
“Nuisance” and “Fugitive Dust” Rules 200 and 205, respectively. The following is a list of
measures that may be required throughout the duration of the construction activities:
• Reduce the amount of the disturbed area where possible.
• Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site. An adequate water supply source must be identified. Increased watering
frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable)
water should be used whenever possible.
• All dirt stockpile areas should be sprayed daily as needed, covered, or a District-approved
alternative method will be used.
• Permanent dust control measures identified in the approved project revegetation and
landscape plans should be implemented as soon as possible following completion of any soil
disturbing activities.
• Exposed ground areas that will be reworked at dates greater than one month after initial
grading should be sown with a fast-germinating non-invasive grass seed and watered until
vegetation is established.
• All disturbed soil areas not subject to re-vegetation should be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the Butte County Air
Quality Management District.
• All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading unless
seeding or soil binders are used.
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site.
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•All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of load and top of
trailer) in accordance with local regulations.
•Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site.
•Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads. Water sweepers with reclaimed water should be used where feasible.
•Post a sign in prominent location visible to the public with the telephone numbers of the
contractor and the Butte County Air Quality Management District - (530) 332-9400 for any
questions or concerns about dust from the project.
All fugitive dust mitigation measures required shall be shown on grading and building plans. In
addition, the contractor or builder should designate a person or persons to monitor the dust control
program and to order increased watering, as necessary, to prevent transport of dust offsite. Their
duties shall include holidays and weekend period when work may not be in progress. The name
and telephone number of such persons shall be provided to the District prior to land use clearance
for map recordation and finished grading of the area.
Please note that violations of District Regulations are enforceable under the provisions of
California Health and Safety Code Section 42400, which provides for civil or criminal penalties of
up to $25,000 per violation.
Plan Requirements: This note shall 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 shall ensure that the note
is placed on all building and site development plans. Butte County Air Pollution Control District
inspectors shall respond to nuisance complaints.
3.Mitigation Measure BIO-1
Prior to development, the parcel owner shall submit an Oak Tree Avoidance and Mitigation
Report prepared by a qualified professional having experience in California Oak Woodlands and
is either a qualified biologist, certified arborist, or registered professional forester that identifies
the location of each oak tree that is 5 inches or more in diameter at breast height within the
project area, and which, if any, oak tree(s) would be impacted by project construction. An impact
is defined as removal or damage to any tree component, including limbs and the root structure
between the trunk and canopy outward from the trunk to the dripline that may occur during the
course of land clearing and other construction operations. Impacts to oak trees as a result of
site disturbance may be subject to mitigation as determined by Butte County pursuant to
California Public Resources Code 21083.4. Mitigation will be addressed at the discretion of
Butte County 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
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developed by Butte County. Replanted oak trees should be maintained for a period of
seven years after they are planted and shall not fulfill more than one-half of the
mitigation requirement for the project. If any of the replanted oak trees die or become
diseased, they should be replaced and maintained for seven years after the new oak
trees are planted.
• A replanting schedule and diagram for trees removed by site disturbance activities
consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County
Ordinance, if any, should be submitted to and approved by the Director of Development
Services or his/her designee. Replanted trees should be planted in areas deemed
appropriate by the Plan.
• Conservation easements or funds for off-site oak woodlands conservation should be
proposed to and approved by the Director of Development Services or his/her designee.
Plan Requirements: 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: Butte County Development Services shall review and approve each Oak Tree
Avoidance and Mitigation Report and inspect each property post-construction to ensure
mitigation requirements, if any, were met.
4. Mitigation Measure CUL-1
If grading activities reveal the presence of prehistoric or historic cultural resources (i.e., artifact
concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.;
structural remains; or human skeletal remains) work within 50 feet of the find shall immediately
cease until a qualified professional archaeologist can be consulted to evaluate the find and
implement appropriate mitigation procedures. If human skeletal remains are encountered, State
law requires immediate notification of the County Coroner (530.538.7404). If the County Coroner
determines that the remains are in an archaeological context, the Native American Heritage
Commission in Sacramento shall be notified immediately, pursuant to State Law, to arrange for
Native American participation in determining the disposition of such remains. The provisions of
this mitigation shall be followed during construction of all improvements, including land clearing,
road construction, utility installation, and building site development.
Plan Requirements: This note shall be shown on all site development and building plans.
Timing: This measure shall be implemented during all site preparation and construction
activities.
Monitoring: 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.
5. All utilities shall be installed underground.
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6.All structures in the mobile home park shall be setback at least twenty-five (25) feet from
Lincoln Boulevard.
7.Not more than one (1) single family mobile home may be placed on a mobile home site.
8.Mobile home park streets shall be paved in accordance with State of California standards.
9.Drainage facilities and encroachments to public roads shall be in conformity with
Department of Public Works standards.
10.The number of parking spaces shall be provided as follows: 1 per dwelling plus 1 guest
space for every 5 dwellings and 1 recreational vehicle parking space for every 5 dwellings.
11.Each personal vehicle parking space must be at least 9’ wide, and 19’ in depth.
12.If tribal cultural items or Native American human remains are found contact the Tribal
Historic Preservation Officer for the Mooretown Rancheria at:
Matthew.hatcher@mooretown.org.
Department of Public Works, Land Development Division
A.STREETS
13.Encroachment Improvements: Prior to issuance of any permits for this project, theapplicant shall obtain an encroachment permit to improve all new and existing road anddriveway approaches to publicly maintained roads as specified in county ImprovementStandard S-18B and the terms of the encroachment permit and improvement permit, and
for temporary traffic control to manage vehicles entering and exiting the site duringconstruction. As part of the encroachment permit, the applicant shall submit road anddrainage improvement plans to the Public Works Department for the encroachment
improvements. Adequate sight distance at the intersection of the project access and publicroads shall be provided. Right-of-way required for construction of road approach androadside drainage shall be provided.
14.Project Signage and Landscaping Sightlines: Any signs, monuments, other structures, orlandscaping to be placed near the proposed new intersections shall be designed andinstalled to maintain adequate sightlines.
15.Traffic Safety Signs: The location of any street sign installations shall be shown on theimprovement plans for review and approval. Prior to final road inspection, install allnecessary traffic safety signs including stop signs. Street signs shall be of the type andsize shown in the Butte County Improvement Standards. Stop signs, speed limit signs,and other traffic control signs shall be of the size and type and shall be installed in locations
that are in conformance with the State of California Manual of Uniform Traffic ControlDevices and approved by the Public Works Engineering Department.
B.SOILS, DRAINAGE, FLOODING
16.Drainage Report for Standard Drainage Design: Prior to issuance of improvement permits,an engineered plan for a permanent solution for drainage shall be submitted to and
approved by the Department of Public Works in compliance with Section 10.0 of theCounty’s Improvement Standards. The drainage plans shall specify how stormwaterrunoff will be attenuated on site by detention facilities and/or conveyed to the nearest
natural or publicly maintained drainage channel or facility and shall provide developed-condition peak flow discharge not greater than the pre-development condition for all storm
19
events, and no increase in stormwater volume over the design storm duration to said channel or facility. Detention facilities must either discharge to receiving channel with no
backwater from the channel, or attenuate full stormwater volume onsite. Backwater condition is present when detention facility, with gravity flow, has an outlet elevation at or below the approved 100-year water surface elevation of the receiving channel. If used, stormwater pumps shall have redundant pump systems, back-up power, and discharge control mechanism(s) to prevent discharge during high flow events in the receiving channel. Prior to final improvement inspection, the design dimensions and volume of detention facilities shall be confirmed using topographic land survey by the engineer of record.
17.Maintenance of Drainage Facilities with Recorded Covenant: Prior to issuance of anypermits for this project, the applicant shall provide a legally binding drainage maintenancemechanism such as a recorded storm water drainage covenant for the maintenance andoperation of onsite drainage facilities.
18.Drain Markers: Prior to final improvement inspection by the Department of Public Works,all new drain inlets shall be labeled with the county approved drain marker per countystandard S-40. Improvement plans shall show and/or note the requirements for labelinginlets pursuant to county standard S-40.
19.Stormwater Quality Management: Coverage under the stormwater Construction General
Permit (CGP) will be required by the State Water Resources Control Board if the project
results in ground disturbance, including clearing, excavation, filling, and grading of one or
more acres or disturbs less than one acre but are part of a larger common plan or
development consisting of one acre or more of total disturbance. Coverage under this
General Permit must be obtained from the State Water Resources Control Board prior to
starting construction. To apply for coverage under the CGP the property owner must
submit Permit Registration Documents electronically prior to construction. Detailed
information on the CGP can be found on the State Water Board website
(https://www.waterboards.ca.gov/water_issues/programs/stormwater/construction/
general_permit_reissuance.html). If coverage under the CGP is required, engineering
plans shall show the Waste Discharge Identification (WDID) number on the title sheet of
the plans and a copy of Storm Water Pollution Prevention Plan (SWPPP) shall be provided
to the Land Development Division of the Public Works Department. Submit with
improvement or grading plans the estimated areas to be disturbed to the Department of
Public Works for consistency with the SWPPP. The Project must be conditioned to
implement storm water pollution controls during construction and post-construction as
required by the CGP.
Butte County Department of Public Health, Environmental Health Division
20.Certified designer site evaluation and design of the pressure distribution wastewater septic
system for 24 units.
21.Apply for a septic construction permit.
The following two conditions may be applied after septic construction permit approval and
required for release of occupancy:
20
22.Apply for access inspect and permit notification (AIPN) form.
23.Apply for Operating permit.
Butte County Fire Department
24.Construction, installation, or development of buildings and/or roads, driveways, gates,
and bridges on parcels/lots shall comply with the current adopted California Building
Standard Codes, Butte County Improvement Standards, and all other applicable State
and County Codes, ordinances and regulations, in effect at the time of application.
25.A fire hydrant shall be installed at the midpoint of the easterly connection road. The
required average hydrant spacing is 500 feet, reduced by 100 feet on dead-end streets
or roads. Hydrants must have a minimum 6-inch barrel and provide a residual fire flow of
2,000 GPM at 20 PSI. This fire flow may be reduced to 1,500 GPM if all structures in the
development are equipped with sprinklers. Installation must be completed prior to the
arrival of any manufactured homes, mobile homes, or recreational vehicles onsite.
Hydrant installation plans must be submitted to the Fire Department for review and
approval prior to construction. Note that local water agency requirements for hydrants
may be more restrictive.
26.A lighted map shall be installed at the park entrance, large enough to be legible from a
vehicle. The map must display all dwelling units with their respective numbers and
clearly marked street names or letters for easy navigation.
27.Address numbers shall be installed at the front of each dwelling unit. The numbers must
be at least 4 inches in height with a ½ inch stroke, color-contrasted for visibility, and
reflective for easy identification in low light conditions.
28.The applicant shall create and maintain a Vegetation Management Plan aimed at
reducing wildfire intensity by minimizing the volume and density of flammable vegetation
within the site. The plan must comply with Butte County Municipal Code Chapter 38A
and be submitted to the Butte County Fire Marshal's Office for review and approval prior
to the commencement of construction.
Butte County Department of Development Services, Building Division
29.A Permit from the State Department of Housing and Community Development is required.
30.Any stick-built structures may require permit from Butte County Building Division.
California State Central Valley Water Board
31.Isolated wetlands and other waters not covered by the Federal Clean Water Act. The
Central Valley Water Board has regulatory authority over wetlands and waterways under
the California Water Code, Division 7 (CWC). Some wetlands and other waters are
21
considered "geographically isolated" from navigable waters and are not within the
jurisdiction of the Clean Water Act. (e.g., isolated wetlands, vernal pools, or stream banks
above the ordinary high-water mark). Discharge of dredged or fill material to these waters
may require either individual or general waste discharge requirements from the Central
Valley Water Board. If isolated wetlands or other waters exist at the project site, and the
project impacts or has potential to impact these waters, a Report of Waste Discharge and
filing fee must be submitted to the Central Valley Water Board. The Central Valley Water
Board will consider the information provided and either issue or waive Waste Discharge
Requirements. Failure to obtain waste discharge requirements or a waiver may result in
enforcement action. Any person discharging dredge or fill materials to waters of the State
must file a report of waste discharge pursuant to Sections 13376 and 13260 of the CWC.
Both the requirements to submit a report of waste discharge may be met using the same
application form, found at Water Boards 401 Water Quality Certification and/or WDRs
Application(https://www.waterboards.ca.gov/water_issues/programs/cwa401/#resources
).
32.Application/Report of Waste Discharge. If it is determined that the wastewater treatment
and disposal system cannot be regulated under Butte County’s Local Agency
Management Program (LAMP), a Report of Waste Discharge (ROWD), Form 200 and
supporting information must be submitted at least 140 days prior to discharge. The Central
Valley Water Board will consider the information submitted and either issue or waive
Waste Discharge Requirements. Information can be found at Water Boards Central Valley
Permit Information(https://www.waterboards.ca.gov/centralvalley/help/permit).
III.APPLICANT ACCEPTANCE AND ACKNOWLEDGEMENT OF CONDITIONS OFAPPROVAL:
I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are,
in fact, the conditions which were imposed upon the granting of this Use Permit, and that I agree
to abide fully by said conditions.
Date: ______________________ ______________________________________________
Applicant
22
Electric Facilities
It is PG&E’s policy to permit certain uses on a case by case basis within its electric transmission
fee strip(s) and/or easement(s) provided such uses and manner in which they are exercised, will
not interfere with PG&E’s rights or endanger its facilities. Some examples/restrictions are as
follows:
1.Buildings and Other Structures: No buildings or other structures including the foot print and
eave of any buildings, swimming pools, wells or similar structures will be permitted within fee
strip(s) and/or easement(s) areas. PG&E’s transmission easement shall be designated on
subdivision/parcel maps as “RESTRICTED USE AREA – NO BUILDING.”
2.Grading: Cuts, trenches or excavations may not be made within 25 feet of our towers.
Developers must submit grading plans and site development plans (including geotechnical
reports if applicable), signed and dated, for PG&E’s review. PG&E engineers must review grade
changes in the vicinity of our towers. No fills will be allowed which would impair ground-to-
conductor clearances. Towers shall not be left on mounds without adequate road access to
base of tower or structure.
3.Fences: Walls, fences, and other structures must be installed at locations that do not affect
the safe operation of PG&’s facilities. Heavy equipment access to our facilities must be
maintained at all times. Metal fences are to be grounded to PG&E specifications. No wall, fence
or other like structure is to be installed within 10 feet of tower footings and unrestricted access
must be maintained from a tower structure to the nearest street. Walls, fences and other
structures proposed along or within the fee strip(s) and/or easement(s) will require PG&E
review; submit plans to PG&E Centralized Review Team for review and comment.
4.Landscaping: Vegetation may be allowed; subject to review of plans. On overhead electric
transmission fee strip(s) and/or easement(s), trees and shrubs are limited to those varieties that
do not exceed 10 feet in height at maturity. PG&E must have access to its facilities at all times,
including access by heavy equipment. No planting is to occur within the footprint of the tower
legs. Greenbelts are encouraged.
5.Reservoirs, Sumps, Drainage Basins, and Ponds: Prohibited within PG&E’s fee strip(s)
and/or easement(s) for electric transmission lines.
6.Automobile Parking: Short term parking of movable passenger vehicles and light trucks
(pickups, vans, etc.) is allowed. The lighting within these parking areas will need to be reviewed
by PG&E; approval will be on a case by case basis. Heavy equipment access to PG&E facilities
is to be maintained at all times. Parking is to clear PG&E structures by at least 10
feet. Protection of PG&E facilities from vehicular traffic is to be provided at developer’s expense
AND to PG&E specifications. Blocked-up vehicles are not allowed. Carports, canopies, or
awnings are not allowed.
7.Storage of Flammable, Explosive or Corrosive Materials: There shall be no storage of fuel or
combustibles and no fueling of vehicles within PG&E’s easement. No trash bins or incinerators
are allowed.
8.Streets and Roads: Access to facilities must be maintained at all times. Street lights may be
allowed in the fee strip(s) and/or easement(s) but in all cases must be reviewed by PG&E for
proper clearance. Roads and utilities should cross the transmission easement as nearly at right
angles as possible. Road intersections will not be allowed within the transmission easement.
Attachment B
23
9.Pipelines: Pipelines may be allowed provided crossings are held to a minimum and to be as
nearly perpendicular as possible. Pipelines within 25 feet of PG&E structures require review by
PG&E. Sprinklers systems may be allowed; subject to review. Leach fields and septic tanks are
not allowed. Construction plans must be submitted to PG&E for review and approval prior to the
commencement of any construction.
10.Signs: Signs are not allowed except in rare cases subject to individual review by PG&E.
11.Recreation Areas: Playgrounds, parks, tennis courts, basketball courts, barbecue and light
trucks (pickups, vans, etc.) may be allowed; subject to review of plans. Heavy equipment
access to PG&E facilities is to be maintained at all times. Parking is to clear PG&E structures by
at least 10 feet. Protection of PG&E facilities from vehicular traffic is to be provided at
developer’s expense AND to PG&E specifications.
12.Construction Activity: Since construction activity will take place near PG&E’s overhead
electric lines, please be advised it is the contractor’s responsibility to be aware of, and observe
the minimum clearances for both workers and equipment operating near high voltage electric
lines set out in the High-Voltage Electrical Safety Orders of the California Division of Industrial
Safety (https://www.dir.ca.gov/Title8/sb5g2.html), as well as any other safety regulations.
Contractors shall comply with California Public Utilities Commission General Order 95
(http://www.cpuc.ca.gov/gos/GO95/go_95_startup_page.html) and all other safety rules. No
construction may occur within 25 feet of PG&E’s towers. All excavation activities may only
commence after 811 protocols has been followed.
Contractor shall ensure the protection of PG&E’s towers and poles from vehicular damage by
(installing protective barriers) Plans for protection barriers must be approved by PG&E prior to
construction.
13.PG&E is also the owner of distribution facilities throughout many of the areas within the
state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed and
approved by PG&E to ensure that no impact occurs that may endanger the safe and reliable
operation of its facilities.
24
Attachment C
25
26
Attachment D
27
6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 1 Butte County January 2024
INITIAL STUDY AND ENVIRONMENTAL REVIEW CHECKLIST
California Environmental Quality Act (CEQA)
PROJECT INFORMATION
1.Project Title:Iron Oaks Estates Expansion Use Permit (UP24-0004)
2.Lead Agency Name and Address:Butte County – Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965
3.Contact Person and Phone Number: Tristan Weems, AICP, Senior Planner530.552.3701 tweems@buttecounty.net
4.Project Location:The project site is a portion of a 6.68-acre parcel at 6355 Lincoln Boulevard, Oroville, California. APN 078-050-031.
5.Project Sponsor’s Name and Address: Jason Taylor6355 Lincoln, LLC 6355 Lincoln Blvd Oroville, CA 95966
6.General Plan Designation:Medium High Density Residential (MDHR)
7.Zoning:Medium High Density Residential (MDHR)
8.Description of Project: (Describe the whole action involved, including but not limited to later phases of theproject, and any secondary, support, or off-site features necessary for its implementation. Attach additionalsheets if necessary.)
With approval of a Use Permit, the applicant, 6355 Lincoln, LLC, would expand the existing Iron Oaks Estatesmobile home park with the addition of 24 mobile homes spaces, five (5) Recreational Vehicle (RV) parkingspaces and 29 automobile parking spaces. The project would also construct access improvements as well as anew On-site Water Treatment System (OWTS) to treat wastewater generated by new mobile home and RVresidents/guests. The existing primary access from Lincoln Boulevard would remain. All project improvementswould occur on the south side of the site adjacent to the existing mobile home park. The project would require the removal of ruderal/weedy species, turf grass and several fir and oak trees. All improvements would occurapproximately 350 feet west of and outside the existing creek corridor and adjacent flood plain. The OWTS would be a new pressure distribution wastewater system constructed on the west side of the proposeddevelopment area to meet the 5,000 square foot Minimum Usable Wastewater Area (MUWA) requirements forthe leach field. The Project is scheduled to begin construction in mid-2025 with construction lasting 6 to 9months. The Project will operate 365 days a year, 24 hours a day. The project site is at 6355 Lincoln Blvd,Oroville, approximately ½ mile east of the Oroville City Limits (APN 078-050-031). The project site is shown inFigure 1. The proposed site plan is shown in Figure 2.
28
6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 2 Butte County Department of Development Services January 2024
Vicinity Map
Use Pe
Orovi lle
' UP24-0004
0 -~~ Taylor
~Medium High Density Residential 0 1,5503.100
(MHDR) Zoning
Feet
6,200 9,300 12,400
29
6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 3 Butte County Department of Development Services January 2024
Site Plan
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 4 Butte County Department of Development Services January 2024
9.Surrounding Land Uses and Setting: (Briefly describe the project’s surroundings)
The project site is a portion of a 6.68-acre mobile home park property. The Project site elevation is approximately200 feet above mean sea level. A creek segment bisects the eastern portion of the site north to south. The creekis east of the construction area and would not be affected by the project. Vegetation within the Project area iscomprised of ruderal/weedy species, turf grass and several oak and fir trees. Existing uses on-site are mobilehomes located north of the construction area.
Surrounding parcels are used for residential purposes. Vacant land is located to the south and east, low densitysingle-family residential development is located to the north and west. The Lake Vista mobile home park is locatedwest and south of the Project site.
Direction General Plan Designation Zoning Existing Land Use(s) North MHDR MHDR Mobile Home Park/Single-family Residential South Rural Residential 5 RR-5 Vacant/Single-family Residential East RR-5 RR-5 VacantWest Industrial General Industrial Vacant/Single-family Residential
The project would require connection to the South Feather Water & Power electrical grid. Wastewater treatment would be provided by the onsite wastewater treatment system (OWTS). Potable water would be provided by South Feather Water & Power. Lincoln Boulevard would provide access to the site. It is a two-lane County Road approximately 24’ wide and paved. As stated, the Project area would be accessed via an access driveway serving the existing mobile home park.
10.Other public agencies whose approval is required: (e.g., permits, financing approval, or participation agreement)
•Butte County Public Health Department (OWTS approval);
•South Feather Water and Power (water connection)
11.Have California Native American tribes traditionally and culturally affiliated with the project area requestedconsultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation thatincludes, for example, the determination of significance of impacts to tribal cultural resources, proceduresregarding confidentiality, etc.?
See Discussion 1.18
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Where checked below, the topic with a potentially significant impact will be addressed in an environmental impact report.
Aesthetics Agriculture and Forest Resources Air Quality
Biological Resources Cultural Resources Energy
Geology / Soils Greenhouse Gas Emissions Hazards / Hazardous Materials
Hydrology / Water Quality Land Use / Planning Mineral Resources
Noise Population / Housing Public Services
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 5 Butte County Department of Development Services January 2024
Recreation Transportation Tribal Cultural Resources
Utilities / Service Systems Wildfire Mandatory Findings of Significance
None None with Mitigation Incorporated
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 6 Butte County Department of Development Services January 2024
DETERMINATION (To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project could not have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project COULD have a significant effect on the environment, there
WILL NOT be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Tristan Weems November 13, 2024
Prepared by Tristan Weems, AICP, Senior Planner Date
Dan Breedon 11/22/2024
Reviewed by: Dan Breedon, Planning Manager Date
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 7 Butte County Department of Development Services January 2024
EVALUATION OF ENVIRONMENTAL IMPACTS
1.A brief explanation is required for all answers except “No Impact” answers that are adequately supported by theinformation sources a lead agency cites in the parentheses following each question. A “No Impact” answer isadequately supported if the referenced information sources show that the impact simply does not apply toprojects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer shouldbe explained where it is based on project-specific factors as well as general standards (e.g., the project will notexpose sensitive receptors to pollutants, based on a project-specific screening analysis).
2.All answers must take account of the whole action involved, including off-site as well as on-site, cumulative aswell as project-level, indirect as well as direct, and construction as well as operational impacts.
3.Once the lead agency has determined that a particular physical impact may occur, then the checklist answersmust indicate whether the impact is potentially significant, less than significant with mitigation, or less thansignificant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may besignificant. If there are one or more “Potentially Significant Impact” entries when the determination is made, anEIR is required.
4.“Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation ofmitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than SignificantImpact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effectto a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below, may becross-referenced).
5.Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect hasbeen adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a briefdiscussion should identify the following:a)Earlier Analysis Used. Identify and state where they are available for review.b)Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of andadequately analyzed in an earlier document pursuant to applicable legal standards, and state whether sucheffects were addressed by mitigation measures based on the earlier analysis.c)Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,”describe the mitigation measures which were incorporated or refined from the earlier document and theextent to which they address site-specific conditions for the project.
6.Lead agencies are encouraged to incorporate into the checklist references to information sources for potentialimpacts (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 individualscontacted should be cited in the discussion.
8.This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies shouldnormally address the questions from this checklist that are relevant to a project’s environmental effects inwhatever format is selected.
9.The explanation of each issue should identify:a)the significance criteria or threshold, if any, used to evaluate each question; andb)the mitigation measure identified, if any, to reduce the impact to less than significance.
34
6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 8 Butte County Department of Development Services January 2024
1.1 AESTHETICS
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
I.Aesthetics.
Except as provided in Public Resources Code section 21099 (where aesthetic impacts shall not be considered significant for qualifying residential, mixed-use residential, and employment centers), would the project:
a)Have a substantial adverse effect on a scenic vista?
b)Substantially damage scenic resources, including, butnot limited to, trees, rock outcroppings, and historicbuildings within a state scenic highway?
c)In non-urbanized areas, substantially degrade theexisting visual character or quality of public views ofthe site and its surroundings? (Public views are thosethat are experienced from publicly accessible vantagepoints.) If the project is in an urbanized area, wouldthe project conflict with applicable zoning and otherregulations governing scenic quality?
d)Create a new source of substantial light or glarewhich would adversely affect day or nighttime viewsin the area?
Setting
The project site is developed with an existing mobile home park and related improvements designated for MHDR uses. The topography in the project site area is gentle and flat, with an elevation at approximately 200 feet above sea level. Vegetation in the project site area is comprised of ruderal/weedy species with oak and fir trees. Surrounding uses are the existing mobile home park to the north, vacant land to the south and east and industrial and single-family residential to the west.
The Butte County General Plan depicts identified scenic resources in Butte County, including land-based and water-based scenic resources (Figure COS-7), County Scenic Highways and (Figure COS-8), County Scenic Highway Overlay Zones. Based on the information provided in the General Plan, the project site is not located within, or in the vicinity of, identified scenic resources, or along a scenic highway or Scenic Highway Overlay Zone.
Discussion
a)Have a substantial adverse effect on a scenic vista?
Less than Significant. The area comprising the project site is vacant and currently an unused portion of the6.68-acre mobile home park facility. The closest residences to the Project site are existing mobile homes located adjacent to and north of the Project area. Residences are also located to the west and south of the site. Muchof the land to the east and south is vacant. The majority of the property around the site is vacant and/orexisting trees block views into the site from Lincoln Boulevard. The proposed mobile home and RV spaceswould be partially blocked from Lincoln Boulevard but visible from the existing mobile homes located on thesouth side of the existing developed area. However, the site and surrounding area are zoned for the proposeduse with the approval of a Use Permit. The project would change views into the site; however, it will notsubstantially interfere with any scenic views, or otherwise, have a substantive negative aesthetic impact.
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 9 Butte County Department of Development Services January 2024
b)Substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway?
No impact. The proposed project would require the removal of several oak and fir trees; however, it wouldnot disturb trees, rock outcroppings, and historic buildings within a state scenic highway. The project site is notadjacent to a state scenic highway and there are no scenic resources on the project site.
c)In non-urbanized areas, substantially degrade the existing visual character or qualityof public views of the site and its surroundings? (Public views are those that are
experienced from publicly accessible vantage points.) If the project is in an urbanizedarea, would the project conflict with applicable zoning and other regulations
governing scenic quality?
Less than significant impact. The nearest publicly accessible area to the project site is Lincoln Boulevard westof the site. As stated, the proposed mobile home and RV spaces would be screened by trees and partiallyvisible from Lincoln Boulevard. The Project would change existing views into the site; however, thedevelopment would be the same as the existing developed portion of the mobile home park to the north andwould not substantively degrade the existing visual character of the lease area or surrounding uses.
d)Create a new source of substantial light or glare which would adversely affect day or
nighttime views in the area?
Less than significant impact with mitigation incorporated. Outdoor lighting will be used on the project siteproximal to the new mobile home and RV spaces. Any new outdoor lighting would be subject to standards inChapter 24, Article III, General Regulations, Division 4 – Outdoor Lighting, as specified in the Butte CountyZoning Code. To provide further protection for adjacent residential uses from on-site lighting, implementationof Mitigation Measure AES-1 is recommended. With implementation of applicable outdoor lighting regulationsprovided in Article III and Mitigation Measure AES-1, the proposed project would not create new sources ofsubstantial lighting or glare that would generate a significant impact. Impacts would be less than significantunder this threshold.
Mitigation Measure AES-1:All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises.A light source shall not shine upon or illuminate directly on any surface other than the area required to belighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic,either on private property or the abutting highway or street.
Plan Requirements: This note shall also be placed on all building and site development plans.
Timing: The provisions of this mitigation measure shall be complied with at all times.
Monitoring: The Development Services Department shall investigate and respond to any complaints of excessglare or light originating from the project site.
36
6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 10 Butte County Department of Development Services January 2024
1.2 AGRICULTURE AND FOREST RESOURCES
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
II. Agriculture and Forest Resources.
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997, as updated) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.
In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.
Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
d) Result in the loss of forest land or conversion of forest land to non-forest use?
e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
Regulatory Setting
Williamson Act/Land Conservation Act (LCA) Contracts
The California Land Conservation Act of 1965, commonly known as the Williamson Act, was established based on numerous State legislative findings regarding the importance of agricultural lands in an urbanizing society. Policies emanating from those findings include those that discourage premature and unnecessary conversion of agricultural land to urban uses and discourage discontinuous urban development patterns, which unnecessarily increase the costs of community services to community residents. The Williamson Act authorizes each County to establish an agricultural preserve. Land that is within the agricultural preserve is eligible to be placed under a contract between the property owner and County that would restrict the use of the land to agriculture in exchange for a tax assessment that is based on the yearly production yield. The contracts have a 9-year term that is automatically renewed each year unless the property owner or county requests a non-renewal or the contract is canceled.
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 11 Butte County Department of Development Services January 2024
Farmland Mapping and Monitoring Program
The California Farmland Mapping and Monitoring Program (FMMP) develops statistical data for analyzing impacts on California’s agricultural resources. The FMMP program characterizes “Prime Farmland” as land with the best combination of physical and chemical characteristics that are able to sustain long-term production of agricultural crops. “Farmland of Statewide Importance” is characterized as land with a good combination of physical and chemical characteristics for agricultural production, but with less ability to store soil moisture than prime farmland. “Unique Farmland” is used for the production of the state’s major crops on soils not qualifying as prime farmland or of statewide importance. The FMMP also identifies “Grazing Land”, “Urban and Built-up Land”, “Other Land”, and “Water” that is not included in any other mapping category.
California Public Resources Code Section 4526
"Timberland" means land, other than land owned by the federal government and land designated by the board as experimental forest land, which is available for, and capable of, growing a crop of trees of a commercial species used to produce lumber and other forest products, including Christmas trees. Commercial species shall be determined by the board on a district basis.
California Public Resources Code Section 12220(g)
"Forest land" is land that can support 10-percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits.
Discussion
a)Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping andMonitoring Program of the California Resources Agency, to non-agricultural use?
No impact. The California Farmland Mapping and Monitoring Program designates the site as “Urban Built UpLand”. Project improvements would not impact prime, unique, or farmland of statewide importance.
b)Conflict with existing zoning for agricultural use or a Williamson Act contract?
No impact. The project site is zoned MHDR and is not under an existing Williamson Act Contract. All actionsassociated with the project would be confined to the project site. The project will not conflict with existingzoning or agricultural use of a parcel under a Williamson Act contract.
c)Conflict with existing zoning for, or cause rezoning of, forest land (as defined in
Public Resources Code section 12220(g)), timberland (as defined by Public Resources
Code section 4526), or timberland zoned Timberland Production (as defined by
Government Code section 51104(g))?
No impact. The project site is zoned MHDR and the surrounding area is not classified as forestland, as definedin Public Resources Code Section 12220(g), or as timberland, as defined in Public Resources Code Section 4526.The project site is not zoned or designated for forest or timber resource uses.
d)Result in the loss of forest land or conversion of forest land to non-forest use?
No impact. The project site is a vacant residential property. There are trees on the site; however, they are notconsidered timber resources classified as forestland, as defined in Public Resources Code Section 12220(g), oras timberland, as defined in Public Resources Code Section 4526.The project would require the removal ofseveral oak and fir trees. This is addressed below in Section 1.4, Biological Resources. This impact would not beconsidered a loss of forest or forest land. Therefore, the proposed project would not result in the loss orconversion of forest land to a non-forest use.
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 12 Butte County Department of Development Services January 2024
e) Involve other changes in the existing environment, which, due to their location or
nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
N o impact. The project site is designated as “Urban Built Up Land” under the California Farmland Mapping and Monitoring Program. All proposed development and subsequent use of the site would occur within the areas of the property that are designated as “Grazing Land” and are currently developed. Therefore, the project would not result in the conversion of Farmland to a non-agricultural use.
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1.3 AIR QUALITY
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
III.Air Quality.
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied on to make the following determinations.
Are significance criteria established by the applicable air district available to rely on for significance determinations? Yes No
Would the project:
a)Conflict with or obstruct implementation of theapplicable air quality plan?
b)Result in a cumulatively considerable net increase ofany criteria pollutant for which the project region isnon-attainment under an applicable federal or stateambient air quality standard?
c)Expose sensitive receptors to substantial pollutantconcentrations?
d)Result in other emissions (such as those leading toodors) adversely affecting a substantial number ofpeople?
Environmental Setting
Butte County is located within the Sacramento Valley Air Basin (SVAB), comprising the northern half of California’s 400-mile long Great Central Valley. The SVAB encompasses approximately 14,994 square miles with a largely flat valley floor (excepting the Sutter Buttes) about 200 miles long and up to 150 miles wide, bordered on its east, north and west by the Sierra Nevada, Cascade and Coast mountain ranges, respectively.
The SVAB, containing 11 counties and approximately two million people, is divided into two air quality planning areas based on the amount of pollutant transport from one area to the other and the level of emissions within each. Butte County is within the Northern Sacramento Valley Air Basin (NSVAB), which is composed of Butte, Colusa, Glenn, Shasta, Sutter, Tehama, and Yuba Counties.
Emissions from the urbanized portion of the basin (Sacramento, Yolo, Solano, and Placer Counties) dominate the emission inventory for the Sacramento Valley Air Basin, and on-road motor vehicles are the primary source of emissions in the Sacramento metropolitan area. While pollutant concentrations have generally declined over the years, additional emission reductions will be needed to attain the State and national ambient air quality standards in the SVAB.
Seasonal weather patterns have a significant effect on regional and local air quality. The Sacramento Valley and Butte County have a Mediterranean climate, characterized by hot, dry summers and cool, wet winters. Winter weather is governed by cyclonic storms from the North Pacific, while summer weather is typically subject to a high-pressure cell that deflects storms from the region.
In Butte County, winters are generally mild with daytime average temperatures in the low 50s°F and nighttime temperatures in the upper 30s°F. Temperatures range from an average January low of approximately 36°F to an average July high of approximately 96°F, although periodic lower and higher temperatures are common. Rainfall between
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 14 Butte County Department of Development Services January 2024
October and May averages about 26 inches but varies considerably year to year. Heavy snowfall often occurs in the northeastern mountainous portion of the County. Periodic rainstorms contrast with occasional stagnant weather and thick ground or “tule” fog in the moister, flatter parts of the valley. Winter winds generally come from the south, although north winds also occur.
Diminished air quality within Butte County largely results from local air pollution sources, transport of pollutants into the area from the south, the NSVAB topography, prevailing wind patterns, and certain inversion conditions that differ with the season. During the summer, sinking air forms a “lid” over the region, confining pollution within a shallow layer near the ground that leads to photochemical smog and visibility problems. During winter nights, air near the ground cools while the air above remains relatively warm, resulting in little air movement and localized pollution “hot spots” near emission sources. Carbon monoxide, nitrogen oxides, particulate matters and lead particulate concentrations tend to elevate during winter inversion conditions when little air movement may persist for weeks.
As a result, high levels of particulate matter (primarily fine particulates or PM2.5) and ground-level ozone are the pollutants of most concern to the NSVAB Districts. Ground-level ozone, the principal component of smog, forms when reactive organic gases (ROG) and nitrogen oxides (NOx) – together known as ozone precursor pollutants – react in strong sunlight. Ozone levels tend to be highest in Butte County during late spring through early fall, when sunlight is strong and constant, and emissions of the precursor pollutants are highest (Butte County CEQA Air Quality Handbook 2014).
Air Quality Attainment Status
Local monitoring data from the BCAQMD is used to designate areas a nonattainment, maintenance, attainment, or unclassified for the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS). The four designations are further defined as follows:
Nonattainment – assigned to areas where monitored pollutant concentrations consistently violate the standard in question.
Maintenance – assigned to areas where monitored pollutant concentrations exceeded the standard in question in the past but are no longer in violation of that standard.
Attainment – assigned to areas where pollutant concentrations meet the standard in question over a designated period of time.
Unclassified – assigned to areas were data are insufficient to determine whether a pollutant is violating the standard in question.
Table 1.3-1. Federal and State Attainment Status of Butte County
POLLUTANT STATE DESIGNATION FEDERAL DESIGNATION
1-hour ozone Nonattainment -
8-hour ozone Nonattainment Nonattainment
Carbon monoxide Attainment Attainment
Nitrogen Dioxide Attainment Attainment
Sulfur Dioxide Attainment Attainment
24-Hour PM10 Nonattainment Attainment
24-Hour PM2.5 No Standard Attainment
Annual PM10 Attainment No Standard
Annual PM2.5 Nonattainment Attainment
Source: Butte County AQMD, 2018
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 15 Butte County Department of Development Services January 2024
Sensitive Receptors
Sensitive receptors are frequently occupied locations where people who might be especially sensitive to air pollution are expected to live, work, or recreate. These types of receptors include residences, schools, churches, health care facilities, convalescent homes, and daycare centers. The project is located on a residential property surrounded by existing residences and vacant land. Table 1.3-2 lists sensitive receptors that were identified in the project vicinity and the distances from the project site.
Table 1.3-2. Sensitive Receptors in the Project Vicinity
SENSITIVE RECEPTORS DISTANCE FROM PROJECT SITE TO RECEPTOR
Mobile homes (6355 Lincoln Blvd.) Adjacent to and north
Residence (17 Nelsier Place) 400 feet to the northwest
Residence (6493 Lincoln Blvd) 280 feet to the south
Source: Butte County Geographical Information System/Google Earth imagery
Butte County Air Quality Management District
The Butte County Air Quality Management District (BCAQMD) is the local agency with primary responsibility for compliance with both the federal and state standards and for ensuring that air quality conditions are maintained. They do this through a comprehensive program of planning, regulation, enforcement, technical innovation, and promotion of the understanding of air quality issues.
Activities of the BCAQMD include the preparation of plans for the attainment of ambient air quality standards, adoption and enforcement of rules and regulations concerning sources of air pollution, issuance of permits for stationary sources of air pollution, inspection of stationary sources of air pollution and response to citizen complaints, monitoring of ambient air quality and meteorological conditions, and implementation of programs and regulations required by the FCAA and CCAA.
According to the State CEQA Guidelines, the significance criteria established by the applicable air quality management or air pollution control district may be relied on to make significance determinations for potential impacts on environmental resources. BCAQMD is responsible for ensuring that state and federal ambient air quality standards are not violated within Butte County. Analysis requirements for construction and operation-related pollutant emissions are contained in BCAQMD’s CEQA Air Quality Handbook: Guidelines for Assessing Air Quality and Greenhouse Gas Impacts for Projects Subject to CEQA Review. Established with these guidelines are screening criteria to determine whether or not additional modeling for criteria air pollutants is necessary for a project. The CEQA Air Quality Handbook also contains thresholds of significance for construction-related and operation-related emissions: ROG, NOx and PM10. The screening criteria listed in Table 1.3-4 were created using CalEEMod version 2013.2.2 for the given land use types. To determine if a proposed project meets the screening criteria, the size and metric for the land use type (units or square footage) should be compared with that of the proposed project. If a project is less than the applicable screening criteria, then further quantification of criteria air pollutants is not necessary, and it may be assumed that the project would have a less than significant impact on criteria air pollutants. If a project exceeds the size provided by the screening criteria for a given land use type then additional modeling and quantification of criteria air pollutants should be performed (Butte County Air Quality Management District 2014).
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Table 1.3-4. Screening Criteria for Criteria Air Pollutants
LAND USE TYPE MAXIMUM SCREENING LEVELS FOR PROJECTS
Single-Family Residential 30 Units
Multi-Family (Low Rise) Residential 75 Units Commercial 15,000 square feet Educational 24,000 square feet Industrial 59,000 square feet
Recreational 5,500 square feet Retail 11,000 square feet
Source: Butte County AQMD, CEQA Air Quality Handbook, 2014
Discussion
a) Conflict with or obstruct implementation of the applicable air quality plan?
Less than significant. A project is deemed inconsistent with an air quality plan if it would result in population or employment growth that exceeds the growth estimates in the applicable air quality plan (i.e., generating emissions not accounted for in the applicable air quality plan emissions budget). Therefore, proposed projects need to be evaluated to determine whether they would generate population and employment growth and, if so, whether that growth would exceed the growth rate included in the applicable air quality plan.
The proposed project is not expected to result in population growth in the County. No additional employees would be required to operate the facility. As stated, the project would provide 24 mobile home spaces and five RV spaces. It is anticipated that residents/guests currently reside in Butte County or would be temporarily housed on the site. The project would not result in a substantial increase in population and related increase in criteria air pollutant emissions. Impacts would be less than significant.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which
the project region is non-attainment under an applicable federal or state ambient air
quality standard?
Less than significant impact with mitigation incorporated. Development occurring as a result of the approval has the potential to impact air quality primarily in two ways: (1) the project would generate mobile source emissions (i.e., added vehicle trips, energy use) associated with future development and (2) construction activities associated with development of the parcels would generate fugitive dust (PM10) from grading activities, construction exhaust emissions (PM10, NOx), and evaporative emissions of reactive organic gases (ROG or VOC) from paving activities and architectural coatings.
Mobile source emissions are produced from motor vehicles and include tailpipe and evaporative emissions. Energy use associated with future development would also generate emission from heating and cooling systems, lighting, paint application, water use and wastewater. As referenced, a future development application would be evaluated per the screening criteria shown in Table 1.3-3. Per the zoning designation, the allowable number of units, assuming the mobile homes and RV spaces are considered multi-family units, would not exceed those specified in the screening table. A less than significant impact operational would occur.
Construction-related emissions are generally created throughout the course of project implementation and would originate from construction equipment exhaust, worker vehicle exhaust, dust from grading disturbance, exposed soil eroded by wind, and ROGs generated from architectural coating and asphalt paving. Construction-related emissions would vary depending on the level of activity, length of the construction period, specific construction operations occurring, types of equipment operating on the site, number of personnel, wind and precipitation conditions, and soil moisture content. Despite this variability in the project and project site conditions, there are feasible control measures that can be reasonably implemented to reduce construction-related emissions to less than significant. These measures as well as other common air pollution
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 17 Butte County Department of Development Services January 2024
control measures are recommended in Appendix C of BCAQMD’s CEQA Handbook (2014) and would be implemented as Mitigation Measure AIR-1, listed below.
c) Expose sensitive receptors to substantial pollutant concentrations?
No impact. Sensitive receptors in the project area and their distances from the project site are shown in Table 1.3-2. Based on the information provided in section b.), above, the proposed project would not result in the violation of any air quality standards or contribute substantially to an existing or projected air quality violation.
d) Result in other emissions (such as those leading to odors) adversely affecting a
substantial number of people?
Less than significant impact. The project will not create a new source of objectionable odors nor would odors be detectable at off-site properties. The mobile homes, RV spaces and OWTS, would not generate odors that would impact a substantial number of people for an extended time.
Mitigation Measures
Mitigation Measure AIR-1
The following best practice measures to reduce impacts to air quality shall be incorporated by the project applicant, subject property owners, or third-party contractors during construction activities on the project site. These measures are intended to reduce criteria air pollutants that may originate from the site during the course of land clearing and other construction operations.
Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater than 10,000 Pounds
• All on- and off-road equipment shall not idle for more than five minutes. Signs shall be posted in the designated queuing areas and/or job sites to remind drivers and operators of the five-minute idling limit.
• Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is prohibited.
• All construction equipment shall be maintained in proper tune according to the manufacturer’s specifications. Equipment must be checked by a certified mechanic and determined to be running in proper condition before the start of work.
• Install diesel particulate filters or implement other CARB-verified diesel emission control strategies.
• Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at any location when within 100 feet of restricted areas.
• To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce peak hour emissions.
Operational TAC Emissions
• All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with applicable Airborne Toxic Control Measures (ATCMs) promulgated by the CARB throughout the life of the project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm).
• Stationary sources shall comply with applicable District rules and regulations.
Fugitive Dust
Construction activities can generate fugitive dust that can be a nuisance to local residents and businesses near a construction site. Dust complaints could result in a violation of the District’s “Nuisance” and “Fugitive Dust” Rules 200 and 205, respectively. The following is a list of measures that may be required throughout the duration of the construction activities:
• Reduce the amount of the disturbed area where possible.
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 18 Butte County Department of Development Services January 2024
•Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site.An adequate water supply source must be identified. Increased watering frequency would be requiredwhenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible.
•All dirt stockpile areas should be sprayed daily as needed, covered, or a District-approved alternative methodwill be used.
•Permanent dust control measures identified in the approved project revegetation and landscape plans shouldbe implemented as soon as possible following completion of any soil disturbing activities.
•Exposed ground areas that will be reworked at dates greater than one month after initial grading should besown with a fast-germinating non-invasive grass seed and watered until vegetation is established.
•All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binders,jute netting, or other methods approved in advance by the Butte County Air Quality Management District.
•All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition,building pads should be laid as soon as possible after grading unless seeding or soil binders are used.
•Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the constructionsite.
•All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least twofeet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with localregulations.
•Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks andequipment leaving the site.
•Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Watersweepers with reclaimed water should be used where feasible.
•Post a sign in prominent location visible to the public with the telephone numbers of the contractor and theButte County Air Quality Management District - (530) 332-9400 for any questions or concerns about dust fromthe project.
All fugitive dust mitigation measures required shall be shown on grading and building plans. In addition, the contractor or builder should designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend period when work may not be in progress. The name and telephone number of such persons shall be provided to the District prior to land use clearance for map recordation and finished grading of the area.
Please note that violations of District Regulations are enforceable under the provisions of California Health and Safety Code Section 42400, which provides for civil or criminal penalties of up to $25,000 per violation.
Plan Requirements: This note shall 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 shall ensure that the note is placed on all building and site development plans. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints.
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1.4 BIOLOGICAL RESOURCES
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
IV. Biological Resources.
Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
Environmental Setting
Vegetation Communities
The site is zoned Medium High Density Residential. The project would be constructed on a portion of a 6.68-acre parcel with an existing mobile home park. Residential land and/or land use surrounds the site. Common species observed within this community type include mourning dove, American crow, Brewer’s blackbird, sandhill crane, various raptor species, egrets, and many species of rodents.
Special-Status Species
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 extirpation as the state’s human population grows and the habitats
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 20 Butte County Department of Development Services January 2024
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 and the California Department of Fish and Wildlife (CDFW) have designated others as “Species of Special Concern”. The California Native Plant Society (CNPS) has developed its own lists of native plants considered rare, threatened or endangered. Collectively, these plants and animals are referred to as “special status species.”
Various direct and indirect impacts to biological resources may result from the small amount of development enabled by the project, including the loss and/or alteration of existing undeveloped open space that may serve as habitat. Increased vehicle trips to and from the project site can result in wildlife mortality and disruption of movement patterns within and through the project vicinity. Disturbances such as predation by pets (e.g., cats and dogs) and human residents may also occur at the human/open space interface, while conversion of land from lower to higher density residential use can lead to a predominance of various urban-adapted wildlife species (e.g., coyotes, raccoons, ravens and blackbirds) that have been observed to displace more sensitive species.
California Environmental Quality Act Guidelines Section 15065 requires a mandatory finding of significance for projects that have the potential to substantially degrade or reduce the habitat of a threatened or endangered species, and to fully disclose and mitigate impacts to special status resources. For the purposes of this Initial Study, the California Environmental Quality Act (Sections 21083 and 21087, Public Resources Code) defines mitigation as measure(s) that:
• Avoids the impact altogether by not taking a certain action or parts of an action.
• Minimizes impacts by limiting the degree or magnitude of the action and its implementation.
• Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment.
• Reduces or eliminates the impact over time by preservation and maintenance operations during the life of the project.
• Compensates for the impact by replacing or providing substitute resources or environments.
The California Natural Diversity Database (CNDDB) was reviewed to determine if any special-status species have the potential to occur on the project site or its vicinity. Table 1.4-1 lists each special-status species identified within a two-mile radius of the project site, along with regulatory status and habitat requirements for each special-status species. One special-status species is known to inhabit areas within the vicinity of the project site.
Table 1.4-1. Special-Status Species in the vicinity of the project site
Scientific Name Common Name
Federal
Status State Status
CNPS/DFG
List Habitat
CRUSTACEANS
Branchinecta lynchi
vernal pool fairy shrimp
Threatened None
Vernal pool type of
habitat, and other
freshwater aquatic
habitats including ponds, reservoirs,
ditches, road ruts, and
other natural and
artificial temporary water bodies.
Source: California Natural Diversity Database.
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 21 Butte County Department of Development Services January 2024
Discussion
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or
regional plans, policies, or regulations, or by the California Department of Fish and
Wildlife or the U.S. Fish and Wildlife Service?
Less than significant with mitigation incorporated. The project area is disturbed and covered in ruderal/weedy species, turf grass as well as oak and fir trees. The access road, driveways and development pads have been designed to minimize direct impact to oak trees. However, it is possible that oak trees and/or their root systems could be damaged during project construction. Mitigation Measure BIO-1 would reduce potential impacts to the on-site oak tree population to less than significant.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the
California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service?
No impact. The portion of the site proposed for disturbance does not include any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service. As stated, a stream corridor is located on the site; however, it is approximately 350 east of the disturbance area.
c) Have a substantial adverse effect on state or federally protected wetlands (including,
but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?
No impact. The portion of the project site proposed for development does not have any wetlands, vernal pools or related features that would be impacted by the proposed improvements. No impact would occur under this threshold.
d) Interfere substantially with the movement of any native resident or migratory fish or
wildlife species or with established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
No impact. Wildlife movement corridors are routes frequently utilized by wildlife that provide shelter and sufficient food supplies to support wildlife species during migration. Movement corridors generally consist of riparian, woodlands, or forested habitats that span contiguous acres of undisturbed habitat. Wildlife movement corridors are an important element of resident species home ranges, including deer and coyote.
The project site is not located within Butte County migratory deer corridors. No major migratory routes or corridors have been designated through the project site, and the existing developed components of the project area (i.e., roads, agriculture, industrial and residential uses; fenced parcels) preclude use of the area as a migratory wildlife corridor for large mammals. The project area contains an existing mobile home and surrounding residential and light industrial uses. No impact would occur under this threshold.
e) Conflict with any local policies or ordinances protecting biological resources, such as a
tree preservation policy or ordinance?
No impact. The project would result in 24 new mobile home spaces, five RV parking spaces and surface parking. As stated, the site is partially disturbed and covered in ruderal/weedy species, turf grass and oak and fir trees. These are not sensitive species and removal would not conflict with any local policies or ordinances protecting biological resources and is consistent with goals and policies identified in Butte County General Plan 2040. No impact would occur under this threshold.
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 22 Butte County Department of Development Services January 2024
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
No impact. The Butte Regional Conservation Plan (BRCP) is a joint Habitat Conservation Plan (HCP)/National Community Conservation Plan (NCCP) for the western half of Butte County. The project site is located within the proposed plan area of the BRCP. However, as the plan has not been adopted, the proposed project will not conflict, nor interfere with, the attainment of the goals of the proposed plan. Thus, no impact to sensitive biological resources that would require mitigation under the future habitat conservation plan would occur. No impact would occur under this threshold.
Mitigation Measures
Mitigation Measure BIO-1
Prior to development, the parcel owner shall submit an Oak Tree Avoidance and Mitigation Report prepared by a qualified professional having experience in California Oak Woodlands and is either a qualified biologist, certified arborist, or registered professional forester that identifies the location of each oak tree that is 5 inches or more in diameter at breast height within the project area, and which, if any, oak tree(s) would be impacted by project construction. An impact is defined as removal or damage to any tree component, including limbs and the root structure between the trunk and canopy outward from the trunk to the dripline that may occur during the course of land clearing and other construction operations. Impacts to oak trees as a result of site disturbance may be subject to mitigation as determined by Butte County pursuant to California Public Resources Code 21083.4. Mitigation will be addressed at the discretion of Butte County 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. Replanted oak trees should be maintained for a period of seven years after they are planted and shall not fulfill more than one-half of the mitigation requirement for the project. If any of the replanted oak trees die or become diseased, they should be replaced and maintained for seven years after the new oak trees are planted.
• A replanting schedule and diagram for trees removed by site disturbance activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, should be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees should be planted in areas deemed appropriate by the Plan.
• Conservation easements or funds for off-site oak woodlands conservation should be proposed to and approved by the Director of Development Services or his/her designee.
Plan Requirements: 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: Butte County Development Services shall review and approve each Oak Tree Avoidance and Mitigation Report and inspect each property post-construction to ensure mitigation requirements, if any, were met.
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1.5 CULTURAL RESOURCES
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
V. Cultural Resources.
Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
c) Disturb any human remains, including those interred outside of dedicated cemeteries?
Discussion
a) Cause a substantial adverse change in the significance of a historical resource pursuant
to Section 15064.5?
No impact. Historic use of the project site has resulted in ground-disturbing activities. This has likely destroyed any cultural resources that may have been located on the surface. The project site does not contain any structures; thus, no historic resources would be removed or affected by the project. No impact would occur under this threshold
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
Less than significant with mitigation incorporated. While no prehistoric or historic resources are known to be located on the project site, prehistoric, protohistoric, and historic cultural resources may occur within the general area. Native Americans used the region for seasonal and/or permanent settlement, as well as for the gathering of plants, roots, seeds, and seasonal game. Historically, Euro-Americans also utilized the region for mining farming, and cattle ranching. With past use of the project area by prehistoric and historic populations, unanticipated archaeological discoveries may be encountered during ground-disturbing activities, resulting in potentially significant impacts. To avoid potential impacts to undiscovered prehistoric resources, historic resources, and human remains that may be uncovered during development activities on the project site, implementation of Mitigation Measure CUL-1, below, is recommended to reduce potential impacts to cultural resources to less than significant.
c) Disturb any human remains, including those interred outside of formal cemeteries?
Less than significant impact with mitigation incorporated. Indications are that humans have occupied Butte County for over 10,000 years and it is not always possible to predict where human remains may occur outside of formal cemeteries. Therefore, excavation and construction activities, regardless of depth, may yield human remains that may not be interred in marked, formal burials.
Under CEQA, human remains are protected under the definition of archaeological materials as being “any evidence of human activity.” Additionally, Public Resources Code section 5097.98 has specific stop-work and
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notification procedures to follow in the event that human remains are inadvertently discovered during project implementation.
The Butte County Conservation Element has established two policies that address the inadvertent discovery of human remains. COS-P16.1 requires human remains discovered during construction to be treated with dignity and respect and to fully comply with the federal Native American Graves Protection and Repatriation Act and other appropriate laws. COS-P17.6 requires work to stop if human remains are found during construction until the County Coroner has been contacted, and, if the human remains are determined to be of Native American origin, the North American Heritage Commission and most likely descendant have been consulted.
Implementation of the Mitigation Measure CUL-1 would ensure that all construction activities associated with the proposed development that inadvertently discover human remains, implement state required consultation methods to determine the disposition and historical significance of any discovered human remains. Mitigation Measure CUL-1 would reduce this impact to less than significant.
Mitigation Measures
Mitigation Measure CUL-1
If grading activities reveal the presence of prehistoric or historic cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.; structural remains; or human skeletal remains) work within 50 feet of the find shall immediately cease until a qualified professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. If human skeletal remains are encountered, State law requires immediate notification of the County Coroner (530.538.7404). If the County Coroner determines that the remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State Law, to arrange for Native American participation in determining the disposition of such remains. The provisions of this mitigation shall be followed during construction of all improvements, including land clearing, road construction, utility installation, and building site development.
Plan Requirements: This note shall be shown on all site development and building plans.
Timing: This measure shall be implemented during all site preparation and construction activities.
Monitoring: Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. State law requires the reporting of any human remains.
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1.6 ENERGY
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
V I. Energy.
Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Discussion
a) Result in potentially significant environmental impact due to wasteful, inefficient, or
unnecessary consumption of energy resources, during project construction or
operation?
Less than Significant impact. Development of the proposed project would consume energy primarily in two ways: (1) construction activities would consume energy through the operation of heavy off-road equipment, trucks, and worker traffic, and (2) use of the mobile home residences would cause long-term energy consumption from electricity and propane gas consumption, energy used for water conveyance, and vehicle operations to and from the project site. Construction energy consumption would largely result from fuel consumption by heavy equipment during grading activities associated with road and building site clearance; trucks transporting construction materials to the site during parcel development, and worker trips to and from the job site. Energy consumption during construction related activities would vary depending on the level of activity, length of the construction period, specific construction operations, types of equipment and the number of personnel. Despite this variability in the construction activities, the overall scope of the construction that could be accommodated on the site is not expected to require a substantial amount of fuel to complete. Additionally, increasingly stringent state and federal regulations on engine efficiency combined with local, state and federal regulations limiting engine idling times and recycling of construction debris, would further reduce the amount of transportation fuel demand during project construction. Considering these factors, the proposed project would not result in the wasteful and inefficient use of energy resources during construction and impacts would be less than significant.
Long-term energy consumption would occur after build-out of the project. Mobile home residences would consume electricity for lighting and heating. The OWTS may also require electricity for pumping or other purposes. The project would generate additional vehicle trips by residents commuting to and from the new mobile homes which would result in the consumption of transportation fuel.
State and federal regulatory requirements addressing fuel efficiency are expected to increase fuel efficiency over time as older, less fuel-efficient vehicles are retired. This would reduce vehicle fuel energy consumption rates over time. Therefore, energy impacts related to fuel consumption/efficiency during project operations would be less than significant.
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b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency
Less than significant impact. Many of the state and federal regulations regarding energy efficiency are focused on increasing building efficiency and renewable energy generation, as well as reducing water consumption and Vehicles Miles Traveled. Project design would be required to include energy conservation measures intended to meet and exceed regulatory requirements, including reducing idling time of heavy equipment during construction activities (see Mitigation Measure AIR-1). Additionally, future mobile homes installed on-site would likely be in compliance with the most recent Title 24 and CalGreen building code standards at the time the units are constructed. Therefore, the proposed project would implement energy reduction design features and comply with the most recent energy building standards. The project would not result in wasteful or inefficient use of nonrenewable energy sources. Impacts would be less than significant under this threshold.
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1.7 GEOLOGY AND SOILS
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
VII.Geology and Soils.
Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to California Geological Survey Special Publication 42.)
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil?
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
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Discussion
a) Directly or indirectly cause potential substantial adverse effects, including the risk of
loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a known fault? (Refer to California
Geological Survey Special Publication 42.)
Less than significant impact. No known active faults are underlying, or adjacent to, the project site. The Cleveland Hill fault is the only active fault zone in Butte County identified in the most recent Alquist-Priolo Earthquake Fault Zoning Map. The Cleveland Hill fault is located east of Dunstone Drive and Miners Ranch Road, between North Honcut Creek and Mt. Ida Road, approximately 4± miles southeast of the City of Oroville and the site. While a fault is located in the general project area, it does not traverse the project site. The likelihood of a surface rupture at the project site is very low and would not be a design or operational consideration for the project.
ii) Strong seismic ground shaking?
Less than significant impact. Ground shaking at the project site could occur due to the earthquake potential of the region’s active faults. Based on proximity of the Cleveland fault, seismic ground shaking would likely be perceptible at the site.
iii) Seismic-related ground failure, including liquefaction?
No impact. According to Butte County General Plan 2040, areas that are at risk for liquefaction can be found on the valley floor, especially near the Sacramento and Feather Rivers, and their tributaries, which have a higher potential to contain sandy and silty soils. 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. According to the Butte County General Plan Health and Safety Element (Figure HS-7), much of the western and southwestern portion of Butte County is subject to liquefaction. The project site is in an area with low to moderate liquefaction potential. The proposed development would be evaluated for liquefaction potential as part of a site-specific geotechnical investigation; however, no impact under this threshold is expected.
iv) Landslides?
No impact. The project area is primarily level with 0-2% slopes. As a result, the landslide potential for the project site and surrounding area is low to none. The Subsidence and Landslide Potential Map of the Health and Safety Element of the Butte County General Plan (Figure HS-7 of the General Plan) indicates that there is a low to no potential for landslides in this area. No impact would occur under this threshold.
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b) Result in substantial soil erosion or the loss of topsoil?
Less than significant impact. Construction activities associated with the project would be subject to the National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one acre or more is disturbed. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. This program requires implementation of erosion control measures during and immediately after construction that are designed to avoid significant erosion during the construction period. In addition, the project operation would be subject to State Water Resources Control Board requirements for the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) to control pollution in stormwater runoff from the project site, including excessive erosion and sedimentation. The SWPPP, if required, must be obtained prior to any soil disturbance activities. Implementation of standard erosion control BMPs during future construction-related activities, together with adherence to State requirements regarding grading activities, would ensure that potential erosion impacts are less than significant.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as
a result of the project, and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction, or collapse?
No impact. The project is not located on an unstable geologic unit or soil and will not cause instability that would result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. No structures would be built as a result of project approval. No impact would occur under this threshold.
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code
(1994, as updated), creating substantial direct or indirect risks to life or property?
No impact. Figure HS-9 of the General Plan Health and Safety Element indicates that the project site has a low to very low expansive soil potential. The Butte County Building Division may require soil tests prior to issuance of a building permit to determine if the soils on the site have an expansive potential. If so, then specific recommendations would be provided to minimize potential impacts associated with expansive soils. No impacts associated with expansive soil would occur.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative
waste water disposal systems where sewers are not available for the disposal of waste
water?
Less than significant. As stated, the project would require installation of an OWTS for the treatment of wastewater. The Butte County Public Health Department stated in a letter dated September 5, 2024, soils on the site are comprised of silty clay loam/clay loam. Based on the results of the percolation testing, the site can accommodate the OTWS with implementation of secondary treatment and installation of a Minimum Usable Wastewater Area (MUWA) of 5,000 square feet. Design approval and an installation permit would be required by the Butte County Public Health Department prior to construction of the OTWS. With design and permit approval, impacts would be less than significant.
f) Directly or indirectly destroy a unique paleontological resource or site or unique
geologic feature?
Less than significant impact. No previously recorded fossil sites have been identified on the project site or within the surrounding area. Butte County General Plan 2040 and the accompanying Environmental Impact Report do not indicate the project area is sensitive for paleontological resources. Therefore, it is not likely that unique paleontological resources would be found in the project area during future development of the project. However, the discovery of fossils, and the subsequent opportunity for data collection and study, is a rare event that could occur from construction grading activities associated with development. While the probability of encountering fossils on the project site is low; implementation of Mitigation Measure CUL-1 would reduce
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potential impacts associated with the unanticipated discovery of subsurface resources including cultural and paleontological resources, to less than significant.
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1.8 GREENHOUSE GAS EMISSIONS
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
VIII. Greenhouse Gas Emissions.
Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Environmental Setting
Discussion
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a
significant impact on the environment?
Less than significant impact. The project would generate greenhouse gas (GHG) emissions during the construction and operation of mobile home residences and RV spaces, when developed. Construction-related emissions during development may be generated from construction equipment exhaust, construction employee vehicle trips to and from the worksite, application of architectural coatings, and asphalt paving. The project’s construction GHG emissions would occur over a short duration and consist primarily of equipment exhaust emissions. The long-term regional emissions associated with the project would mainly arise from the creation of new vehicular trips and indirect sources emissions, such as electricity consumption, water use, and solid waste disposal.
The Butte County Climate Action Plan (CAP) was adopted in February 2014 and updated in December 2021. The Butte County CAP includes strategies and associated actions related to public education and outreach efforts regarding reducing GHG emissions, administrative actions to monitor progress, and encouraging participation in programs. The strategies either apply to existing buildings that have already completed the environmental analysis, address operational characteristics of the county, or encourage options for actions that would reduce GHG emissions.
The proposed project construction activities and operations are consistent with the Butte County General Plan. GHG emissions associated with the build-out of the project site have been analyzed and mitigated with the adoption of the Butte County CAP and the continued implementation of its strategies. Electricity consumed during construction and operations is provided primarily by the area service provider regulated by state renewable energy plans. Vehicles used during construction, and generated by project operation, would conform to state regulations and plans regarding fuel efficiency. Therefore, the project would not generate substantial GHG emissions, either directly or indirectly, significantly impacting the environment. Impacts would be less than significant.
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b) Conflict with an applicable plan, policy or regulation adopted for the purpose of
reducing the emissions of greenhouse gases?
Less than significant impact. The project’s consistency with the Butte County General Plan would ensure compliance with the GHG emission reduction strategies in the Butte County CAP, which in turn, supports County-wide efforts to meet statewide GHG emission reduction goals. These measures include compliance with Title 24 of the California Energy Code and the 2022 CalGreen Code, both of which include measures to improve the overall energy efficiency of new development project. Therefore, impacts would be less than significant.
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1.9 HAZARDS AND HAZARDOUS MATERIALS
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
IX. Hazards and Hazardous Materials.
Would the project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and/or accident conditions involving the release of hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?
Discussion
a) Create a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials?
Less than significant impact. Limited quantities of miscellaneous hazardous substances, such as gasoline, diesel fuel, hydraulic fluid, solvents, oils, etc. would be used to maintain vehicles and motorized equipment during construction-related activities during development of the project. Accidental spill of any of these substances could impact water and/or groundwater quality. Depending on the relative hazard of the material, if a spill were to occur of significant quantity, the accidental release could pose a hazard to construction workers, the public, as well as the environment. Construction personnel who are experienced in containing accidental
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releases of hazardous materials will be present to contain and treat affected areas in the event a spill occurs. If a larger spill were to occur, construction personnel would generally be on-hand to contact the appropriate agencies.
It is not anticipated that large quantities of hazardous materials would be permanently stored or used within the project site. Chemicals would be comprised of household cleaners, petroleum-based products for vehicle maintenance and equipment operation, paints, solvents and other common items. These materials would not be present 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. A less than significant impact would occur under this threshold.
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and/or accident conditions involving the release of hazardous
materials into the environment?
Less than significant impact. It is not anticipated that construction or operation of residential development would create a significant hazard to the environment or to the public due to the accidental release of hazardous materials into the environment. Accidental release of hazardous materials routinely used during construction activities or those associated with materials stored on-site are addressed in section a.), above. A less than significant impact would occur under this threshold.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school?
No impact. No existing or proposed schools have been identified within one-quarter mile of the project site. The nearest school is Palermo Middle School located at 7390 Bulldog Way, Palermo, CA, approximately 1.4 miles southeast of the site. No impact would occur under this threshold.
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, would it create a significant
hazard to the public or the environment?
No impact. A review of regulatory agency databases (i.e., Geotracker website- https://geotracker.waterboards.ca.gov/), which includes lists of hazardous materials sites compiled pursuant to California Government Code Section 65962.5, did not identify any sites at or adjacent to the project site that have used, stored, disposed of, or released hazardous materials. Thus, no impact would occur under this threshold.
e) For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project
area?
No impact. No public use airports have been identified to be located within two miles of the project site. The closest public use airport is Oroville Municipal Airport, located approximately four miles northwest of the project site. The proposed project is located outside the compatibility zones for the area airports, and therefore, would not result in impacts to people residing on, or visiting, the project site.
f) Impair implementation of or physically interfere with an adopted emergency response
plan or emergency evacuation plan?
No impact. The proposed project would construct a new internal access road for the new mobile home and RV spaces. Emergency access to the site would be provided by this road. Emergency access would not be
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affected. The project would not include any actions that physically interfere with emergency response or emergency evacuation plans. No impact would occur under this threshold.
g) Expose people or structures, either directly or indirectly, to a significant risk of loss,
injury, or death involving wildland fires?
Less than significant impact. The project is located in a moderate fire hazard severity zone as shown in Figure HS-11 in the Butte County General Plan 2040 Health and Safety Element and designated by the California Department of Forestry and Fire Protection. The project site is within a State Responsibility Area (SRA), which means that the California Department of Forestry and Fire Protection (CalFire) and Butte County has fiscal responsibility for preventing and suppressing fires. The nearest staffed fire station is the Butte County Fire Station #72, located at 2290 Palermo Road approximately 1.4 miles southeast of the site. Oversight by Butte County Fire/Cal Fire would ensure the proposed project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires. A less than significant impact would occur under this threshold.
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1.10 HYDROLOGY AND WATER QUALITY
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
X. Hydrology and Water Quality.
Would the project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) Result in substantial on- or offsite erosion or siltation;
ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
iv) Impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Discussion
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
Less than significant impact. The proposed action would generate wastewater that would be treated using an OWTS as stated above. The system design would be approved and permitted by Butte County Public Health Department. No impact to water quality standards and related discharge requirements would occur with the project. Site development would require grading, excavation and general site preparation activities, which would disturb soils; thus, increasing the potential for soil erosion during precipitation or high wind events. Erosion of on-site soils may temporarily impact surface water quality and water quality within nearby
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waterways. Downstream impacts from erosion may include increased turbidity and suspended sediment concentrations in waterways. Because one or more acre of land disturbance would be required, construction activities associated with project development would be subject to the National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program. This program requires implementation of erosion control measures during and immediately after construction that are designed to avoid significant erosion during the construction period. In addition, the project operation would be subject to State Water Resources Control Board requirements for the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) to control pollution in stormwater runoff from the project site, including excessive erosion and sedimentation. The SWPPP must be prepared and approved prior to any soil disturbance activities. Implementation of standard erosion control BMPs during future construction-related activities, together with adherence to State requirements regarding grading activities, would ensure that potential erosion impacts are less than significant. A less than significant impact would occur under this threshold.
b) Substantially decrease groundwater supplies or interfere substantially with
groundwater recharge such that the project may impede sustainable groundwater
management of the basin?
No impact. The Sacramento Valley Groundwater Basin supplies a portion of the municipal and agricultural water demands for the City of Oroville and surrounding unincorporated areas. The project site is located over the Sacramento Valley Groundwater Basin which underlies the majority of eastern Butte County including the Bangor area. The project site is located within the North Yuba Subbasin boundary. According to the Butte County Groundwater Management Plan (2005), groundwater supplies approximately 31% of potable water demand county-wide. Water demand for the unincorporated areas of the county was projected to grow from 8,322.3 million gallons in 2000 to 9,736.4 million gallons in 2030, an increase of 17 percent. As noted, South Feather Water & Power would provide potable water. No groundwater would be pumped on-site. The net increase in impervious surfaces relative to existing conditions would consist of the mobile home rooftops and all hardscape installed for parking and sidewalks. Precipitation would run off the impervious surfaces and infiltrate into adjacent soils. The proposed action would not cause a change in surface infiltration or a decrease in the percolation of water into the underlying aquifers. As shown in Figure 2-7 of the Butte County Groundwater Plan, the project site is not located in a groundwater recharge area for the Sacramento Valley Groundwater Basin. No impacts to groundwater supplies and recharge would occur.
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious
surfaces, in a manner which would:
i) Result in substantial on- or offsite erosion or siltation;
No impact. The proposed action would have no effect on erosion or siltation occurring on- or off-site. With the exception of grading required to create the access road and building pads, no changes to the landform or drainage patterns would occur and minimal ground disturbance would be required. See response to 1.10 (a) above. The project would not alter the course of a stream or river. No impact would occur under this threshold.
ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
No impact. The proposed action would result in a negligible increase in impervious surface area from construction of 1.2 acres of new hardscape. The existing drainage patterns on-site would not be affected. Storm water would percolate into the existing soil surrounding the lease area and be
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captured by the onsite Storm Drainage Facility. The project would not result in on- or off-site flooding. Impacts would be less than significant.
iii) Create or contribute runoff water which would exceed the capacity of existing
or planned stormwater drainage systems or provide substantial additional
sources of polluted runoff; or
No impact. Stormwater drainage systems in the project area currently consist of natural drainage courses, roadside ditches and culverts that capture surface runoff, which ultimately infiltrate into the underground aquifer or conveyed to area waterways. The department of Public Works has added drainage conditions for an engineered plan for a permanent solution for drainage which will specify how stormwater runoff will be attenuated on site by detention facilities and/or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide developed-condition peak flow discharge not greater than the pre-development condition for all storm events, and no increase in stormwater volume over the design storm duration to said channel or facility. The applicant proposes a Storm Drain Facility to the east of mobile home spaces 23 and 24. Precipitation that falls on the hardscape will be captured by the onsite Storm Drain Facility and vacant land percolates into the soil. As stated, the project would not increase runoff from impervious surfaces or otherwise affect the ability of proposed on-site stormwater detention to accommodate stormflows. No impacts would occur under this threshold.
iv) Impede or redirect flood flows?
No impact. The project site is located within Flood Zone X (FEMA Flood Insurance Rate Map No. 06007C0983E, January 6, 2011). Properties within Flood Zone X are outside a floodplain; and thus, not susceptible to flooding. As referenced, the project would not redirect on-site drainage patterns or impede or redirect flood flows. All on-site drainage would be managed to ensure existing flows off-site are maintained. The project would not expose people or structures to flood hazard from severe storm events. No impact would occur under this threshold.
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project
inundation?
Less than significant. The project site is located within Flood Zone X (FEMA Flood Insurance Rate Map No. 06007C0983E, January 6, 2011). The project is not located within a flood plain; and thus, would not redirect on-site drainage patterns or impede or redirect flood flows on or surrounding the site. The project would not expose people or structures to flood hazard from severe storm events. Per the General Plan Health and Safety Element Figure HS-5, the Palermo area is located within a dam inundation zone. If a dam failure were to occur, the entire area could be affected. The project site is not located in an area that would be impacted by a seiche, tsunami, or mudflows. Because the site is located in a dam inundation zone, impacts would be less than significant.
e) Conflict with or obstruct implementation of a water quality control plan or sustainable
groundwater management plan?
No impact. The project site is located within the Butte County Groundwater Management Plan area, Sacramento River Valley Groundwater Basin and North Yuba Subbasin. Potable water would be provided by South Feather Water & Power. No groundwater would be pumped on-site to serve the project. The project would not affect groundwater demand or recharge. No impact would occur under this threshold.
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1.11 LAND USE AND PLANNING
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
XI. Land Use and Planning.
Would the project:
a) Physically divide an established community?
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
Environmental Setting
The General Plan Update represents the basic community values, ideals and aspirations with respect to land use, development, transportation, public services, and conservation policy that will govern Butte County through 2040. The land use element of the general plan designates the land use of areas within the County and includes a description of the characteristics and intensity of each land use category. The land use designation for the project site is Medium High Density Residential (MHDR) in the Palermo community of unincorporated Butte County.
Butte County Zoning Ordinance
The Zoning Ordinance implements the goals and policies of the Butte County General Plan by regulating the uses of the land and structures within the County. The zoning designations of the project site and their intended use are as follows:
Medium High Density Residential (MHDR)
The purpose of the MHDR zone is to allow for a mixture of housing types in a medium high density setting. Permitted housing types in the MHDR zone include single-family homes, duplex homes, multi-family dwellings, and accessory dwelling units. The MHDR zone also conditionally permits mobile home parks. Non-residential uses conditionally permitted in the MHDR zone include public and quasi-public uses, park and recreational facilities, personal services, medical offices and clinics, and general retail. The maximum permitted residential density in the MHDR zone is fourteen (14) dwelling units per acre. The MDHR zone implements the Medium High Density Residential land use designation in the General Plan
Use Permit
As stated, the proposed action is subject to approval of a Use Permit. The finding associated with approval of a conditional Use Permit application are as follows:
Butte County Code § 24-217 (Conditional Use Permit - Findings)
A. The proposed use is allowed in the applicable zone and consistent with the General Plan.
B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property.
C. The proposed use will not be detrimental to the public health, safety, and welfare of the County.
D. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure.
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E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property.
F. The proposed project would have no significant or adverse environmental impacts.
Discussion
a) Physically divide an established community?
No impact. The subject property is 6.68 acres of which a portion would be used to construct 24 new mobile home pads, five RV spaces and related parking and other improvements. The project would not require any changes to an existing facility. No structures would be removed nor would neighboring parcels be affected by the project. The project would add to but not divide an established community.
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental
effect?
No impact. The project is deemed consistent if the proposed use is consistent with the applicable General Plan designation and text, the applicable General Plan is legally adequate and internally consistent, and the anticipated types of activities are appropriate to the land use designated for the area. The proposed project does not include an amendment to the existing land use designation and would be consistent with the zoning designation provided a UP is approved. The proposed project is a request for a UP, consistent with Section 24-217 of the Butte County Zoning Ordinance. Implementation of the project would not result in a conflict with zoning ordinances because the project is conditionally allowed use in the MHDR zone with the approval of a UP. The project will not generate any inconsistencies with applicable zoning standards and General Plan policies.
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1.12 MINERAL RESOURCES
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
XII.Mineral Resources.
Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?
Discussion
a) Result in the loss of availability of a known mineral resource that would be of value to
the region and the residents of the state?
No impact. The majority of Butte County’s sand and gravel deposits occur in two regions, along the Sacramento River and within a band running from north to south down the center of the county. There are no known economically viable sources of rock materials in the immediate vicinity of the project site and no mining has occurred on the project site or surrounding area. Approval of the proposed action would not preclude future extraction of available mineral resources. No impact would occur under this threshold.
b) Result in the loss of availability of a locally important mineral resource recovery site
delineated on a local general plan, specific plan, or other land use plan?
No impact. The project site is not within or near any designated locally-important mineral resource recovery site. The access road would be covered in gravel; and thus, require the use of mineral resources. However, the project would not result in the loss of availability of a locally important mineral resource recovery site. No impact would occur under this threshold.
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1.13 NOISE
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
XIII.Noise.
Would the project result in:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards?
b) Generation of excessive groundborne vibration or groundborne noise levels?
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
Environmental Setting
According to the Butte County General Plan 2040, noise is a concern throughout Butte County, but especially in rural areas and in the vicinity of noise-sensitive uses such as residences, schools, and churches. Noise is discussed in the Health and Safety Chapter of the Butte County General Plan 2040. Tables HS-2 and HS-3 in the County General Plan (included as Tables 1.13-1 and 1.13-2 below) outline the maximum allowable noise levels at sensitive receptor land uses.
Table 1.13-1. Maximum Allowable Noise Exposure Transportation Noise Sources
LAND USE
Exterior Noise Level Standard for
Outdoor Activity Areasa
Interior Noise Level
Standard
Ldn/CNEL, dB Leq, dBAb Ldn/CNEL, dB Leq, dBAb
Residential 60c - 45 -
Transient Lodging 60c - 45 -
Hospitals, nursing homes 60c - 45 -
Theaters, auditoriums, music halls - - - 35
Churches, meeting halls 60c - - 40
Office Buildings - - - 45
Schools, libraries, museums - 70 - 45
Playgrounds, neighborhood parks - 70 - -
Source: Table HS-2, Butte County General Plan 2040
a Where the location of outdoor activity areas is unknown, the exterior noise-level standard shall be
applied to the property line of the receiving land use.
b As determined for a typical worst-case hour during periods of use.
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c Where it is not possible to reduce noise in outdoor activity areas to 60 dB Ldn/CNEL or less using a
practical application of the best-available noise reduction measures, an exterior noise level of up to 65 dB
Ldn/CNEL may be allowed, provided that available exterior noise-level reduction measures have been implemented and interior noise levels are in compliance with this table.
Table 1.13-2. Maximum Allowable Noise Exposure Non-Transportation Noise Sources
NOISE LEVEL DESCRIPTION
Daytime 7 am - 7 pm Evening 7 pm - 10 pm Night 10 pm - 7 am
Urban Non-Urban Urban Non-Urban Urban Non-Urban
Hourly Leq (dB) 55 50 50 45 45 40
Maximum Level (dB) 70 60 60 55 55 50
Source: Table HS-3, Butte County General Plan 2040
Notes:
1. “Non-Urban designations” are Agriculture, Timber Mountain, Resource Conservation, Foothill Residential and Rural Residential. All other designations are considered “urban designations” for the purposes of regulating noise exposure.
2. Each of the noise levels specified above shall be lowered by 5 dB for simple tone noises, noises
consisting primarily of speech or music, or for recurring impulsive noises. These noise level standards do not
apply to residential units established in conjunction with industrial or commercial uses (e.g. caretaker
dwellings).
3. The County can impose noise level standards which are up to 5 dB less than those specified above based
upon determination of existing low ambient noise levels in the vicinity of the project site.
4. In urban areas, the exterior noise level standard shall be applied to the property line of the receiving
property. In rural areas, the exterior noise level standard shall be applied at a point 100 feet away from the
residence. The above standards shall be measured only on property containing a noise sensitive land use. This
measurement standard may be amended to provide for measurement at the boundary of a recorded noise
easement between all affected property owners and approved by the County.
Table 1.13.1, above, identifies the maximum allowable noise exposure to a variety of land uses from transportation sources, including from roadways, rail and airports. Table 1.13-2 identifies the maximum allowable noise exposure from non-transportation sources. In the case of transportation noise sources, exterior noise level standards for residential outdoor activity areas are 60 dB (Ldn/CNEL). However, where it is not possible to reduce noise in an outdoor activity area to 60 dB Ldn /CNEL or less using a practical application of the best-available noise-reduction measures, an exterior noise level of up to 65 dB may be allowed, provided that available exterior noise-level reduction measures have been implemented and interior noise levels are in compliance with applicable standards.
Butte County Noise Ordinance
Chapter 41A, Noise Control, of the Butte County Code of Ordinance applies to the regulation of noise. The purpose of the noise ordinance is to protect the public welfare by limiting unnecessary, excessive, and unreasonable noise. Section 41A-7 specifies the exterior noise limits that apply to land use zones within the County, which are provided in Table 1.13-2.
The Butte County Noise Ordinance provides the County with a means of assessing complaints of alleged noise violations and to address noise level violations from stationary sources. The ordinance includes a list of activities that are exempt from the provisions of the ordinance. Relevant information related to the exterior and interior noise limits set out by the Butte County Noise Ordinance are included below.
Chapter 41A-9 Exemptions
The following are exempted activities identified in Chapter 41A-9 that are applicable to the proposed project:
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(f) Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real property or public works project located within one thousand (1,000) feet of residential uses, provided said activities do not take place between the following hours:
• Sunset to sunrise on weekdays and non-holidays;
• Friday commencing at 6:00 p.m. through and including 8:00 a.m. on Saturday, as well as not before 8:00 a.m. on holidays;
• Saturday commencing at 6:00 p.m. through and including 10:00 a.m. on Sunday; and,
• Sunday after the hour of 6:00 p.m.
Provided, however, when an unforeseen or unavoidable condition occurs during a construction project and the nature of the project necessitates that work in process be continued until a specific phase is completed, the contractor or owner shall be allowed to continue work into the hours delineated above and to operate machinery and equipment necessary to complete the specific work in progress until that specific work can be brought to conclusion under conditions which will not jeopardize inspection acceptance or create undue financial hardships for the contractor or owner;
(g) Noise sources associated with agricultural and timber management operations in zones permitting agricultural and timber management uses;
(h) All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of adverse weather conditions or when the use of mobile noise sources is necessary for pest control;
(i) Noise sources associated with maintenance of residential area property, provided said activities take place between 7:00 a.m. to sunset on any day except Saturday, Sunday, or a holiday, or between the hours of 9:00 a.m. and 5:00 p.m. on Saturday, Sunday, or a holiday; and, provided machinery is fitted with correctly functioning sound suppression equipment;
Chapter 41A-8 Butte County Interior Noise Standards
Interior noise standards discussed in Chapter 41A apply to all noise sensitive interior area within Butte County. The maximum allowable interior noise level standards for residential uses is 45 dB Ldn/CNEL, which is designed for sleep and speech protection. The typical structural attenuation of a residence from an exterior noise is 15 dBA when windows facing the noise source is open. When windows in good condition are closed, the noise attenuation factor is around 20 dBA for an older structure and 25 dBA for a newer dwelling constructed consistent with Title 24 of the California Energy Code.
Table 1.13-3. Maximum Allowable Interior Noise Standards
NOISE LEVEL DESCRIPTION Daytime 7 am - 7 pm Evening 7 pm - 10 pm Nighttime 10 pm - 7 am
Hourly Leq (dB) 45 40 35
Maximum Level (dB) 60 55 50
Source: Butte County Code Chapter 41A-8, Interior Noise Standards
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Discussion
a) Generation of a substantial temporary or permanent increase in ambient noise levels in
the vicinity of the project in excess of standards established in the local general plan
or noise ordinance, or in other applicable local, state, or federal standards?
Less than significant impact. Construction of the proposed project would generate short-term construction noise during site preparation and grading activities. While it may be audible at neighboring residences, construction noise is exempt from regulation per Chapter 41A-9 of the Butte County Code provided it occurs within the hours stipulated.
Post-construction, the project would generate noise associated with additional traffic on Lincoln Boulevard. Development of the project would add trips to adjacent roadways. Per the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Edition, 2021), mobile homes generate 3.38 trips per unit per day. A total of 24 new residences would generate 81 new daily trips or approximately 8 peak hour trips. The addition of 8 peak hour (81 daily trips) on Lincoln Boulevard and surrounding road network would not adversely affect traffic operations; thus, access to the site and surrounding properties would not be affected. The new construction area is adjacent to existing mobile homes to the north and the closest new mobile home would be approximately 200 feet east of Lincoln Boulevard The traffic generated by the project would not affect ambient noise levels. Impacts would be less than significant.
b) Generation of excessive groundborne vibration or groundborne noise levels?
No impact. The proposed action would require minor grading and excavation to accommodate installation of the access road, mobile home slabs/foundations, RV parking spaces and OWTS. As stated, the nearest sensitive properties are located within 25 feet of the northern construction area boundary. Construction would not require pile driving, blasting or other high impact construction methods; thus, no temporary or permanent sources of groundborne vibration proximal to an existing receiver would occur. Post-construction, the mobile homes and RVs parking on-site would not generate vibration.
c) For a project located within the vicinity of a private airstrip or an airport land use plan
or, where such a plan has not been adopted, within two miles of a public airport or
public use airport, would the project expose people residing or working in the project
area to excessive noise levels?
No impact. The Oroville Municipal Airport is located approximately four miles northwest of the site. As referenced, the project site is located outside the Airport Influence Area. Thus, while aircraft overflights would be audible at the project site, the project would not expose people to excessive noise levels from a public use airport or private airstrip. No impact would occur under this threshold.
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1.14 POPULATION AND HOUSING
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
XIV. Population and Housing.
Would the project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
Discussion
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
Less than significant. The proposed project would be allowed per the General Plan and zoning designation with approval of a UP. While the project would result in the construction of 24 new mobile home residences, the density is allowed by right; and thus, would not induce population growth within the area. No impact would occur under this threshold.
b) Displace substantial numbers of existing people or housing, necessitating the
construction of replacement housing elsewhere?
No impact. The proposed construction area is vacant. The project would not result in the loss of housing or cause an increase in the local population. The project would provide housing. No existing residents would be displaced; thus, necessitating the construction of additional housing.
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1.15 PUBLIC SERVICES
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
XV.Public Services.
Would the project:
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
Discussion
a) Result in substantial adverse physical impacts associated with the provision of new or
physically altered governmental facilities, or the need for new or physically altered
governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times,
or other performance objectives for any of the public services:
Fire protection?
Less than significant. The project is located in a moderate fire hazard area as designated by the State Department of Forestry and Fire Protection. The project site is within a State Responsibility Area (SRA), which means that the California Department of Forestry and Fire Protection (CalFire) has fiscal responsibility for preventing and suppressing fires. The nearest staffed fire station is Butte County Fire Station #72, located at 2290 Palermo Road, approximately 1.4 miles southeast of the site. The project site has been designed to meet or exceed local fire safety codes. Additionally, the project is expected to generate only a minimal increase in calls for fire service, as it consists of an expansion of the existing mobile home park with 24 additional mobile home spaces. As such, the project would not result in a significant increase in fire service demand or response times, and no substantial impacts to fire protection services are anticipated. Any potential minor impacts can be mitigated through standard fire safety measures, such as hydrant placement, the creation of a vegetation management plan and provisions for fire access, ensuring that the project would have a less than significant impact under this threshold.
Police protection?
Less than significant. The Butte County Sheriff’s Office (BCSO) provides law enforcement service to the site from the headquarters located in the City of Oroville. The BCSO also maintains a mutual aid agreement with the Chico and Oroville Police Departments. The proposed action is unlikely to increase service calls. However, increased development in the County impacts the ability of the Sheriff's Department to adequately provide services to outlying areas. The
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action is unlikely to require any new law enforcement facilities or the alteration of existing facilities to maintain acceptable performance objectives. A less than significant impact would occur under this threshold.
Schools?
Less than significant. The project site is located within the Palermo Union School District/Palermo Union Elementary School District and Oroville Union High School District. The proposed action would result in the construction of 24 new mobile home spaces which could impact demand for school services. The Oroville City Elementary School District-Developer Fee Study (March 2020) used a statewide student yield average of 0.5 students per household as calculated by the California State Office of Public School Construction. Assuming 24 new mobile home spaces, the project could result in 12 new students. The addition of 12 new students is not anticipated to significantly impact demand for school services within the Oroville/Palermo area. A less than significant impact would occur under this threshold.
Parks?
No impact. Approval of the project would allow construction of 24 mobile home spaces, five RV spaces, an access road and related improvements. The project would not affect demand for existing local and regional park facilities. No impact would occur under this threshold.
Other public facilities?
No impact. Site-specific improvements would not cause any adverse project impacts or otherwise increase demand for County services such as road maintenance and libraries.
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1.16 RECREATION
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
XVI. Recreation.
Would the project:
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment?
Discussion
a) Increase the use of existing neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be
accelerated?
No impact. Approval of the project would allow construction of 24 new mobile home spaces, five RV parking spaces and related improvements. The project would not affect existing recreational resources. No impact would occur under this threshold.
b) Include recreational facilities or require the construction or expansion of recreational
facilities that might have an adverse physical effect on the environment?
No impact. Approval of the project would allow construction of 24 new mobile home spaces, five RV parking spaces and related improvements. The project would not include recreational facilities nor would it require the expansion of existing recreational facilities. The project would not result in any adverse physical effects on the environment from construction or expansion of recreational facilities. No impact would occur under this threshold.
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1.17 TRANSPORTATION
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
XVII. Transportation.
Would the project:
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities?
b) Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
d) Result in inadequate emergency access?
Discussion
a) Conflict with a program, plan, ordinance or policy addressing the circulation system,
including transit, roadway, bicycle, and pedestrian facilities?
Less than significant impact. Approval of the project would allow construction of 24 new mobile home spaces, five RV parking spaces and related improvements. Up to 81 new daily trips (8 peak hour trips) would be added to Lincoln Boulevard. This would not adversely affect operation of Lincoln Boulevard. Impacts would be less than significant.
There are no existing designated pedestrian or bicycle transportation facilities located near the project site. Lincoln Boulevard between Walmer Road and South Villa Road is a planned Class 1 bicycle route in the adopted 2011 Butte County Bicycle Plan. The planned route would front the project site. Development of the project would not affect this segment of Lincoln Boulevard or otherwise impact alternative transportation facilities.
b) Conflict with or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?
Less than significant impact. The proposed project could generate up to 81 daily trips. Per the Butte County Association of Governments, SB 743 Implementation, VMT Significance Thresholds, projects that generate less than 110 daily trips would have a less than significant VMT impact. The increase in vehicle miles traveled would be negligible; and thus, would be consistent with CEQA Guidelines Section 15064.3, subdivision (b). A less than significant impact would occur under this threshold.
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)?
No impact. The proposed project would construct a new access road that would tie into the existing access road internal to the site. No improvements to Lincoln Boulevard would be required. The road would be two lanes and paved. The internal driveway would not change the configuration (alignment) of area roadways and would not introduce types of vehicles that would result in dangerous conditions on area roads.
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d) Result in inadequate emergency access?
No impact. The project site would be accessed via a new internal access driveway. As stated, no improvements to the intersection with Lincoln Boulevard would be required. The internal road would be designed per Butte County standards and will accommodate emergency vehicles if needed. No impact to emergency access would occur with approval of the proposed action.
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1.18 TRIBAL CULTURAL RESOURCES
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
XVIII. Tribal Cultural Resources.
Has a California Native American Tribe requested consultation in accordance with Public Resources Code section 21080.3.1(b)? Yes No
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)?
b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe?
Environmental Setting
Tribal Cultural Resources are defined as a site feature, place, cultural landscape, sacred place or object, which is of cultural value to a Tribe and is either on or eligible for the California Historic Register, a local register, or a resource that the lead agency, at its discretion, chooses to treat as such (Public Resources Code Section 21074 (a)(1)).
Butte County contains a rich diversity of archaeological, prehistoric and historical resources. The General Plan 2040 EIR observes that the “archaeological sensitivity of Butte County is generally considered high, particularly in areas near water sources or on terraces along water courses” (Butte County General Plan EIR, 2010, p. 4.5-7).
A substantial adverse change upon a historically significant resource would be one wherein the resource is demolished or materially altered so that it no longer conveys its historic or cultural significance in such a way that justifies its inclusion in the California Register of Historical Resources or such a local register (CEQA Guidelines Section 15064.5, sub. (b)(2)). Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human-made site, object (i.e., artifact), or feature that defines and illuminates our past. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water.
Per Assembly Bill AB 52 (Statutes of 2014) letters were sent to the Paskenta Band of Nomlaki Indians, the Mooretown Rancheria, and the Mechoopda Indian Tribe of Chico Rancheria. To date, no responses have been received.
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 53 Butte County Department of Development Services January 2024
Discussion
Would the project cause a substantial adverse change in the significance of a tribal cultural
resource, defined in Public Resources Code section 21074 as either a site, feature, place,
cultural landscape that is geographically defined in terms of the size and scope of the
landscape, sacred place, or object with cultural value to a California Native American tribe,
and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a
local register of historical resources as defined in Public Resources Code section
5020.1(k)?
No impact. The proposed action would be constructed within an existing disturbed area that is part of a 6.68-acre parcel with an existing mobile home park. Grading and excavation would be limited to what is needed to install the access road, mobile home pads, RV spaces and OWTS. As stated in Section 1.5, Cultural Resources, there are no known cultural resources within or proximal to the site. No historic resources recommended as eligible for listing under any criteria for the NRHP and CRHP occur on-site. Therefore, the impact is considered less than significant, and no mitigation is required.
b) A resource determined by the lead agency, in its discretion and supported by substantial
evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of
Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe?
No impact. As detailed in response to Checklist Question 1.5b, no proposed construction or ground-disturbing activities are expected to result in impacts to known historic or cultural resources. No known features exist on the property, including objects, sites, or landscapes, that could be considered as having cultural value to California Native American tribes, or eligible for listing in the California Register of Historic Resources. Mitigation Measures CUL-1 would reduce potential impacts to tribal cultural resources to less than significant.
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1.19 UTILITIES AND SERVICE SYSTEMS
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
XIX. Utilities and Service Systems.
Would the project:
a) Require or result in the relocation or construction of construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects?
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
c) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand, in addition to the provider’s existing commitments?
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Environmental Setting
Solid Waste
Most municipal wastes are hauled to the Neal Road Recycling and Waste Facility, which is owned by Butte County and managed by the Butte County Department of Public Works. The Neal Road Facility is located at 1023 Neal Road, one mile east from State Highway 99, and seven miles southeast of Chico, on 190 acres owned by Butte County. The Neal Road Facility is permitted to accept municipal solid waste, inert industrial waste, demolition materials, special wastes containing nonfriable asbestos, and septage. Hazardous wastes, including friable asbestos, are not accepted at the Neal Road Facility or any other Butte County disposal facility, and must be transported to a Class I landfill permitted to receive untreated hazardous waste. The landfill has a design capacity of 25,271,900 cubic yards and is permitted to accept 1,500 tons per day; however, the average daily disposal into the landfill is approximately 466 tons. As of November 2017, the remaining capacity of the Neal Road Facility is approximately 15,449,172 cubic yards, which would give the landfill a service life to the year 2048 (Neal Road Recycling & Waste Facility, 2017).
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Discussion
a) Require or result in the relocation or construction of construction of new or expanded
water, wastewater treatment or stormwater drainage, electric power, natural gas, or
telecommunication facilities, the construction or relocation of which could cause
significant environmental effects?
Less than significant. Wastewater would be conveyed to the OWTS constructed as part of the project. All utility infrastructure would be installed during the initial grading and site preparation work. Thus, related impacts are addressed as part of the overall site development as discussed herein. No additional off-site work that could cause significant environmental effects would be required.
No existing on-site storm water drainage facilities are located on the project site. All precipitation percolates into the ground. Future development would require the installation of a stormwater management system comprised of drainage swales and a basin(s) design to capture and retain preconstruction flows. This structure would be located at the east end of the proposed development area.
The project site is currently served by electric power (PG&E), public water (South Feather Water and Power) Cal Water), phone service (AT&T) and cable television (Comcast). The project would require the extension of existing utility infrastructure into the proposed development area. However, it would not result in the relocation or construction of new or expanded infrastructure including water services, off-site wastewater treatment, stormwater drainage, natural gas, or telecommunication facilities. A less than significant impact would occur under this threshold.
b) Have sufficient water supplies available to serve the project and reasonably foreseeable
future development during normal, dry and multiple dry years?
Less than significant. As stated, all potable water would be provided by South Feather Water & Power as stated in the will serve letter. A less than significant impact would occur under this threshold.
=c) Result in a determination by the wastewater treatment provider that serves or may
serve the project that it has adequate capacity to serve the project’s projected
demand, in addition to the provider’s existing commitments?
No impact. All wastewater would be treated on-site. No off-site wastewater treatment would be required. No impact under this threshold would occur.
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction
goals?
Less than significant. Construction and operation of the project would result in a minor increase of solid waste that would require disposal at the Neal Road Recycling and Waste Facility. The Neal Road Facility has a maximum permitted throughput of 1,500 tons per day, and an estimated current daily average throughput of 466 tons per day. Assuming a 75% recycling rate as mandated by AB341, the 24 mobile homes would generate approximately 6.5 tons annually or 35 pounds per day. The Neal Road Facility has a maximum permitted throughput of 1,500 tons per day, and an estimated current daily average throughout of 466 tons per day. Therefore, the facility would have adequate capacity to accommodate solid waste generated by the project. A less than significant impact would occur under this threshold.
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e) Comply with federal, state, and local management and reduction statutes and
regulations related to solid waste?
No impact. The proposed project would comply with statues and regulations related to solid waste. Waste generated by the proposed project would consist only of domestic refuse, which would be collected in approved trash bins and removed from the project site by a waste hauler or by the residents. No impact would occur under this threshold.
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1.20 WILDFIRE
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
XX.Wildfire.
Is the project located in or near state responsibility areas or lands classified as high fire hazard severity zones?
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
Yes No
a)Substantially impair an adopted emergency responseplan or emergency evacuation plan?
b)Due to slope, prevailing winds, and other factors,exacerbate wildfire risks, and thereby expose projectoccupants to pollutant concentrations from a wildfireor the uncontrolled spread of a wildfire?
c)Require the installation of associated infrastructure(such as roads, fuel breaks, emergency watersources, power lines or other utilities) that mayexacerbate fire risk or that may result in temporaryor ongoing impacts to the environment?
d)Expose people or structures to significant risks,including downslope or downstream flooding orlandslides, as a result of runoff, post-fire slopeinstability, or drainage changes?
Environmental Setting
The project site is designated as a moderate fire hazard by the State Department of Forestry and Fire Protection. The project site is located within a designated State Responsibility Area (SRA); thus, Butte County Fire has fiscal responsibility for preventing and suppressing any potential wildfires. Butte County Fire returned comments to mitigate wildfire risk related to construction, installation, or development of roads and that they must comply with all applicable State and County Codes, ordinances, and regulations; the addition of a fire hydrant in the midpoint of the easterly connection road; installation of address numbers at the front of each dwelling unit; and a Vegetation Management Plan.
Discussion
a)Substantially impair an adopted emergency response plan or emergency evacuation
plan?
No impact. The project would construct 24 new mobile home spaces, five RV spaces and relatedimprovements. No lane closures on Lincoln Boulevard or other project-related actions would create restrictionsaffecting emergency access or interfere with an emergency evacuation plan. No impact would occur under this threshold.
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b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby
expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
No impact. The project site is located on a portion of a 6.68-acre property with existing mobile homes in the Palermo area of unincorporated Butte County. The lease area is generally flat though the property does slope to the east toward an existing stream corridor. The nearest staffed fire station is Butte County Fire Station #72 located 1.4 miles southeast of the site. No conditions or factors have been identified in the project area that would exacerbate wildfire risks. No impact would occur under this threshold.
c) Require the installation of associated infrastructure (such as roads, fuel breaks,
emergency water sources, power lines or other utilities) that may exacerbate fire risk
or that may result in temporary or ongoing impacts to the environment?
No impact. No off-site infrastructure improvements are needed to address fire or emergency access requirements. The existing driveway and extension to the proposed construction area would accommodate emergency vehicles. No increase in the risk of wildland fires would occur with the approval of the project. No impact would occur under this threshold.
d) Expose people or structures to significant risks, including downslope or downstream
flooding or landslides, as a result of runoff, post-fire slope instability, or drainage
changes?
No impact. According to Butte County General Plan 2040 (Figure HS-7), the project site is located in an area with a low to moderate potential for landslides (see discussion Section 1.7.a – Geology Soils). Based on site conditions, no impacts from post-fire instability or drainage changes have been identified. No impact would occur under this threshold.
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 59 Butte County Department of Development Services January 2024
1.21 MANDATORY FINDINGS OF SIGNIFICANCE
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
XX.Mandatory Findings of Significance.
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory?
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.)
c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly?
Discussion
a) Does the project have the potential to substantially degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant
or animal community, substantially reduce the number or restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major
periods of California history or prehistory?
Less than significant. Potential impacts to biological resources and cultural resources associated with future project development were analyzed in this Initial Study. All direct, indirect, and cumulative impacts were determined to be less than significant with implementation of Mitigation Measures BIO-1. No special status species or their habitat was identified on the site. Development of the project would not cause fish or wildlife populations to drop below self-sustaining levels or restrict the movement/distribution of a rare or endangered species.
Development would not affect known historic resources or known archaeological or paleontological resources. There are no known unique ethnic or cultural values associated with the project site, nor are known religious or sacred uses associated with the project site. Limited excavation would be required to construct the access road, mobile home pads, RV spaces, OWTS and related improvements. With implementation of Mitigation Measure CUL-1, if needed, impact to cultural and paleontological resources would be less than significant.
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 60 Butte County Department of Development Services January 2024
b)Does the project have impacts that are individually limited, but cumulatively
considerable? (“Cumulatively considerable” means that the incremental effects of aproject are considerable when viewed in connection with the effects of past projects,
the effects of other current projects, and the effects of probable future projects.)
Less than significant. The project would have no impact, less than significant impact or less than significantimpact with mitigation with respect to all environmental issues pursuant to CEQA. Due to the limited scope ofdirect physical impacts to the environment associated with the project, potential impacts would be project-specific.
The cumulative effects resulting from build out of the Butte County General Plan 2040 were previouslyidentified in the General Plan Update Program EIR. The type, scale, and location of the type of activity proposedwould be consistent with the County’s General Plan and zoning designation with approval of a UP and iscompatible with existing development on-site and adjacent single-family residential. Because of thisconsistency, the potential cumulative environmental effects of the proposed project would fall within theimpacts identified in the County’s General Plan EIR.
c)Does the project have environmental effects that will cause substantial adverse effects
on human beings, either directly or indirectly?
Less than significant. There have been no impacts discovered through the review of this applicationdemonstrating that approval of the UP application and implementation of the proposed action would causesubstantial adverse effects to human beings either directly or indirectly. As stated, Mitigation Measure AES-1would minimize light and glare impacts, AIR-1 would reduce fugitive dust emissions and BIO-1 and CUL-1 wouldreduce any potential impacts to biological and cultural resources to less than significant.
Authority for the Environmental Checklist: Public Resources Code Sections 21083, 21083.5.
Reference: Government Code Sections 65088.4. Public Resources Code Sections 21080, 21083.5, 21095; Eureka Citizens for Responsible Govt. v. City of Eureka (2007) 147 Cal.App.4th 357; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th at 1109; San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656.
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 61 Butte County Department of Development Services January 2024
Environmental Reference Materials
1.Butte County. Butte County Airport Land Use Compatibility Plan. Butte County Airport Land Use Commission.November 15, 2017. Available at https://www.buttecounty.net/DocumentCenter/View/3012/Butte-County-Airport-Land-Use-Compatibility-Plan-PDF
2.Butte County. Butte County Bicycle Plan. June 14, 2011. Available athttps://www.buttecounty.net/DocumentCenter/View/4542/2011-Adopted-Butte-County-Bicycle-Plan-PDF
3.Butte County. Butte County Climate Action Plan. Updated December 2021. Available athttps://www.buttecounty.net/DocumentCenter/View/2255/2021-Butte-County-Climate-Action-Plan-CAP-PDF?bidId=
4.Butte County. Butte County General Plan Update 2040 Update Final Environmental Impact Report. March 2023.Available at https://www.buttecounty.net/DocumentCenter/View/6521/Butte-GPU-FEIR-030923?bidId=
5.Butte County. Butte County General Plan 2040 Update. March 28, 2023. Available athttps://www.buttecounty.net/DocumentCenter/View/11581/Butte_County_General_Plan_2040_Compiled_Appendix_Optimized---Updated---10-12-23
6.Butte County. Butte County General Plan 2030 and Zoning Ordinance Amendments – Draft SupplementalEnvironmental Impact Reports.aspx. June 17, 2015. Available athttps://www.buttecounty.net/DocumentCenter/View/2136/Complete-General-Plan-PDF
7.Butte County. Butte County General Plan 2040 Setting and Trends Report Public Draft. June 2021.
8.Butte County. Butte County Code of Ordinances, Chapters 19, 20, 24 & 41A. Available athttps://www.municode.com/library/ca/butte_county/codes/code_of_ordinances/
9.Butte County. Butte County Department of Development Services GIS Data. March 2020.
10.Butte County Air Quality Management District. CEQA Air Quality Handbook – Guidelines for Assessing Air Qualityand Greenhouse Gas Impacts for Projects Subject to CEQA Review. October 23, 2014. Available athttps://bcaqmd.org/planning/air-quality-planning-ceqa-and-climate-change/
11.Butte County Public Works Department, Division of Waste Management. Joint Technical Document-Neal RoadRecycling and Waste Facility, Butte County, California. November 2017.
12.Butte County. Butte County Groundwater Management Plan, September 2004. https://www.buttecounty.net/1150/Groundwater-Management-Plan
13.California Department of Conservation. Fault-Rupture Hazard Zones in California. Altquist-Priolo Earthquake FaultZoning Act with Index to Earthquake Fault Zone Maps. Special Publication 42. Interim Revision. 2007.
14.California Department of Conservation, Division of Land Resource Protection. A Guide to the Farmland Mappingand Monitoring Program. 2004.
15.California Department of Toxic Substance Control. 2009. Envirostor Database. Accessed November 2024..https://www.envirostor.dtsc.ca.gov/public/
16.California Natural Diversity Database, excel spreadsheet, November 2024
17.Fehr & Peers, BCAG SB 743 Implementation – VMT Impact Significance Thresholds (no date)
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6355 Lincoln, LLC, Iron Oaks Estates Expansion (UP24-0004) 62 Butte County Department of Development Services January 2024
18.Jack Schreder & Associates, Inc., Level I Developer Fee Study for Oroville City Elementary School District, March2020. https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/700957/2020_Developer_Fee_Justification_Study_-_Oroville_City_Elem_3.26.20.pdf
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Mitigation Measures and Monitoring Requirements
CONDITIONAL USE PERMIT/ IRON OAKS ESTATES EXPANSION (UP24-0004)
Project Sponsor(s) Incorporation of Mitigation into Proposed Project
I/We have reviewed the Initial Studyforthe Use Permit for Taylor {UP24-0004) application and particularly'lhe
mitigation measures identified herein. I/We hereby modify the applications on file with the Butte County
Planning Department to include and incorporate all mitigations set forth in this Initial Study.
Project Sponsor/~ect Agenj:.. 55 :Y'P\?o..., "''? \c, r-..\--tY-b3
Project Sponsor/Project Agent Date
Butte County Department of Development Services-Planning Division
7 County Center Drive
Oroville, CA 95928
530.552.3700 90
Mitigation Measures and Monitoring Requirements
CONDITIONAL USE PERMIT / IRON OAKS ESTATES EXPANSION (UP24-0004)
Butte County Department of Development Services – Planning Division
7 County Center Drive
Oroville, CA 95928
530.552.3700
1. Mitigation Measure AES-1:
All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises.
A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic,
either on private property or the abutting highway or street.
Plan Requirements: This note shall also be placed on all building and site development plans.
Timing: The provisions of this mitigation measure shall be complied with at all times.
Monitoring: The Development Services Department shall investigate and respond to any complaints of excess
glare or light originating from the project site.
2. Mitigation Measure AIR-1
The following best practice measures to reduce impacts to air quality shall be incorporated by the project applicant, subject property owners, or third-party contractors during construction activities on the project site.
These measures are intended to reduce criteria air pollutants that may originate from the site during the course
of land clearing and other construction operations.
Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater than 10,000
Pounds
• All on- and off-road equipment shall not idle for more than five minutes. Signs shall be posted in the designated queuing areas and/or job sites to remind drivers and operators of the five-minute idling limit.
• Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is prohibited.
• All construction equipment shall be maintained in proper tune according to the manufacturer’s
specifications. Equipment must be checked by a certified mechanic and determined to be running in proper condition before the start of work.
• Install diesel particulate filters or implement other CARB-verified diesel emission control strategies.
• Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or
any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes
at any location when within 100 feet of restricted areas.
• To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce peak hour
emissions.
Operational TAC Emissions
• All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with applicable Airborne
Toxic Control Measures (ATCMs) promulgated by the CARB throughout the life of the project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm).
• Stationary sources shall comply with applicable District rules and regulations.
91
Mitigation Measures and Monitoring Requirements
CONDITIONAL USE PERMIT / IRON OAKS ESTATES EXPANSION (UP24-0004)
Butte County Department of Development Services – Planning Division
7 County Center Drive
Oroville, CA 95928
530.552.3700
Fugitive Dust
Construction activities can generate fugitive dust that can be a nuisance to local residents and businesses near
a construction site. Dust complaints could result in a violation of the District’s “Nuisance” and “Fugitive Dust” Rules 200 and 205, respectively. The following is a list of measures that may be required throughout the
duration of the construction activities:
•Reduce the amount of the disturbed area where possible.
•Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leavingthe site. An adequate water supply source must be identified. Increased watering frequency would be requiredwhenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible.
•All dirt stockpile areas should be sprayed daily as needed, covered, or a District-approved alternative method will be used.
•Permanent dust control measures identified in the approved project revegetation and landscape plans
should be implemented as soon as possible following completion of any soil disturbing activities.
•Exposed ground areas that will be reworked at dates greater than one month after initial grading
should be sown with a fast-germinating non-invasive grass seed and watered until vegetation is established.
•All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil
binders, jute netting, or other methods approved in advance by the Butte County Air Quality Management
District.
•All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In
addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used.
•Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site.
•All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least
two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with
local regulations.
•Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and
equipment leaving the site.
•Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Watersweepers with reclaimed water should be used where feasible.
•Post a sign in prominent location visible to the public with the telephone numbers of the contractorand the Butte County Air Quality Management District - (530) 332-9400 for any questions or concerns aboutdust from the project.
All fugitive dust mitigation measures required shall be shown on grading and building plans. In addition, the contractor or builder should designate a person or persons to monitor the dust control program and to order
92
Mitigation Measures and Monitoring Requirements
CONDITIONAL USE PERMIT / IRON OAKS ESTATES EXPANSION (UP24-0004)
Butte County Department of Development Services – Planning Division
7 County Center Drive
Oroville, CA 95928
530.552.3700
increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and
weekend period when work may not be in progress. The name and telephone number of such persons shall
be provided to the District prior to land use clearance for map recordation and finished grading of the area.
Please note that violations of District Regulations are enforceable under the provisions of California Health and
Safety Code Section 42400, which provides for civil or criminal penalties of up to $25,000 per violation.
Plan Requirements: This note shall 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 shall ensure that the note is placed on all
building and site development plans. Butte County Air Pollution Control District inspectors shall respond to
nuisance complaints.
3. Mitigation Measure BIO-1
Prior to development, the parcel owner shall submit an Oak Tree Avoidance and Mitigation Report prepared by a qualified professional having experience in California Oak Woodlands and is either a qualified biologist,
certified arborist, or registered professional forester that identifies the location of each oak tree that is 5
inches or more in diameter at breast height within the project area, and which, if any, oak tree(s) would be
impacted by project construction. An impact is defined as removal or damage to any tree component, including limbs and the root structure between the trunk and canopy outward from the trunk to the dripline that may occur during the course of land clearing and other construction operations. Impacts to oak trees as
a result of site disturbance may be subject to mitigation as determined by Butte County pursuant to
California Public Resources Code 21083.4. Mitigation will be addressed at the discretion of Butte County 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.
Replanted oak trees should be maintained for a period of seven years after they are planted and shall not fulfill more than one-half of the mitigation requirement for the project. If any of the replanted oak trees die or become diseased, they should be replaced and maintained for seven
years after the new oak trees are planted.
• A replanting schedule and diagram for trees removed by site disturbance activities consistent with
PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, should be
submitted to and approved by the Director of Development Services or his/her designee. Replanted trees should be planted in areas deemed appropriate by the Plan.
• Conservation easements or funds for off-site oak woodlands conservation should be proposed to
and approved by the Director of Development Services or his/her designee.
Plan Requirements: 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.
93
Mitigation Measures and Monitoring Requirements
CONDITIONAL USE PERMIT / IRON OAKS ESTATES EXPANSION (UP24-0004)
Butte County Department of Development Services – Planning Division
7 County Center Drive
Oroville, CA 95928
530.552.3700
Monitoring: Butte County Development Services shall review and approve each Oak Tree Avoidance and
Mitigation Report and inspect each property post-construction to ensure mitigation requirements, if any,
were met.
4. Mitigation Measure CUL-1
If grading activities reveal the presence of prehistoric or historic cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.; structural remains; or human
skeletal remains) work within 50 feet of the find shall immediately cease until a qualified professional
archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. If
human skeletal remains are encountered, State law requires immediate notification of the County Coroner
(530.538.7404). If the County Coroner determines that the remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State Law, to arrange for Native American participation in determining the disposition of such remains. The provisions of this
mitigation shall be followed during construction of all improvements, including land clearing, road
construction, utility installation, and building site development.
Plan Requirements: This note shall be shown on all site development and building plans.
Timing: This measure shall be implemented during all site preparation and construction activities.
Monitoring: 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.
94
Attachment E
95
#t *D^U(Ae
OfK%4uiie,^/4 95966
(530)533-3625
(530)533-3650
December 2,2024
Mr.Tristan Weems
Senior Planner
Butte County Development Services
7 County Center Drive
Oroville,CA 95965
Re:Proposed AB 52 Tribal Cultural Resources Consultation-Jason Taylor Conditional
Use Permit (UP24-0004)Project -Oroville,Butte County,CA
Dear Mr.Weems:
Thank you for your letter dated.11/8/2024,seeking information regarding the proposed
mobile home park expansion project in Butte County.California on 6355 Lincoln
Boulevard;APN:078-050-031.Based on the information provided,the Mooretown
Rancheria is not aware of any known cultural resources on this site.However,as the
project progresses,if any new information or human remains are found,we do have a
process to protect such important and sacred artifacts (especially near rivers or streams).
Please contact the following individuals if tribal cultural items or Native American human
remains are found:
THPO
Matthew.hatcher@mooretown.org
Thank you for providing us with this notice and opportunity to comment.
Sincerely.
r
Matthew Hatcher
Tribal Historic Preservation Officer
tt -9ft<xcdcc ff 96
Attachment F
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