HomeMy WebLinkAboutMUP16-0004_ZA Agenda Report_Final■Butte County Department of Development Services ■
■ June 22, 2016 ■ MUP16-0004 (Honker Bay Ranch) ■ Page 1 of 9 ■
BUTTE COUNTY ZONING ADMINISTRATOR
AGENDA REPORT – June 22, 2016
RECOMMENDED ACTION:
Staff recommends the Zoning Administrator adopt the CEQA Addendum to the Initial Study/Mitigated Negative Declaration, and to approve the Minor Use Permit (MUP16-0004),
amending Conditional Use Permit (UP09-0003), subject to the findings and conditions in
Attachment A.
EXECUTIVE SUMMARY:
The applicant is requesting an amendment (MUP16-0004) to an approved Conditional Use Permit
Applicant: Jack Smith Location: The project site is located at 1446 Farrar Lane, situated ½
mile from Larkin Road, and 2
miles south from State
Highway 162, in the unincorporated area of Butte County near the city of
Oroville.
Owner: John Louis Smith Revocable Living Trust
(APN: 030-340-043)
Joseph Henry & Louise M.
Smith Family Trust
(APN: 030-340-035)
File #: MUP16-0004
Request: Amend Conditional Use Permit
(UP09-0003) to allow an
increase in the annual number of
outdoor special events from 12
to 35.
Supervisor District: 4
Project Planner:
Rowland Hickel
Senior Planner
Parcel Size: 22.09 acres
Attachments:
G.P. : RR (Rural Residential) A: Zoning Administrator Decision
& Conditions of Approval
(Exhibit A)
Zoning: RR-5 (Rural Residential – 5
acre minimum) B: UP09-0003 w/ Approved Site
Plan
Zone Date: December 10, 2012 C: Vicinity Map
APNs: 030-340-043 and 030-340-035 D: Zoning Map
E: CEQA Addendum to Initial
Study/Mitigated Negative
Declaration
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(UP09-0003) that would allow for an increase in the annual number of outdoor special events that
may be held at the existing outdoor commercial recreation facility from 12 to 35 events.
Special events are defined in Butte County Code §24-175.2.B.1 and include celebrations,
ceremonies, weddings, receptions, corporate functions, or similar activities for the benefit of someone other than the property owner that takes place on a periodic basis, involving the gathering
of individuals assembled for the common purpose of attending a special event. Events not included
under the definition include uses accessory to a single-family residential use including private
parties, gatherings, and similar activities that are not subject to a use agreement between a private
individual or group and the homeowner.
Conditional Use Permit UP09-0003 was approved by the Butte County (County) Planning
Commission on August 27, 2009. The permit established an outdoor commercial recreation
facility for special events that include ceremonies and receptions on property located in the
Agricultural, 5-acre minimum (AR-5) zoning designation in place at that time. The facility was
approved under the previous version of the Butte County Zoning Ordinance, §24-90(C)(4) (Ordinance No. 3176). Under Ordinance No. 3176, outdoor commercial recreation facilities were
permitted if the site is not less than 5 acres and with the approval of a use permit. The permit
allowed the applicant to hold 12 events per year from April through October. UP09-0003 specified
that an event includes activities up to three consecutive days, with one of the days being the main
event for up to 200 guests. Events also include amplified music, food and beverage preparation by vendors only, and use of portable restrooms, with a permanent bathroom facilities to be
considered in the future.
The proposed amendment is being considered pursuant to Butte County Code §24-175.2 [Special
Events Facilities], which established permitting and development standards for special event
facilities operated accessory to an owner’s primary residence, or manager’s residence if the manager is responsible for running the Special Event Facility. A Special Events Facility is
permitted in the RR (Rural Residential) zone with the approval of a Minor Use Permit.
SITE CHARACTERISTICS AND SURROUNDING USES:
• The project site includes two separate parcels encompassing a total of 22.09 acres. APN: 030-340-043 contains 19.29 acres. APN: 030-340-035 contains 2.83 acres.
• The property is developed with an existing single-family residence, studio/shop, carport, and
barn. Improvements for the commercial recreation facility include 54 parking spaces, 3
handicapped spaces, and an overflow parking area. The majority of improvements including the residence, studio/shop, carport, barn, septic system and domestic well are situated on APN: 030-340-043. A single-family residence, parking and driveway improvements are
situated on APN: 030-340-035.
• The existing outdoors events area is located in a landscaped area, located west of the
residence and east of the seasonal pond.
• The property is located within the Airport Compatibility Zone C of the Oroville Municipal
Airport.
• A portion of the project site is located within the FEMA 100-year flood zone (Flood Zone A).
• The project site is not located in the State Responsibility Area.
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• The area surrounding the project site includes single-family homes on large ranches to the
north and west. The Oroville Wildlife Area is located to the east and south of the project site.
Direction General Plan Designation Zoning Existing Land Use(s)
North Rural Residential RR5 Single-Family Residential
South Recreation Commercial RC Oroville Wildlife Area (Public Lands)
East Recreation Commercial RC Oroville Wildlife Area (Public Lands)
West Rural Residential RR5 Single-Family Residential
ANALYSIS:
Butte County Code – Section 24-175.2 et seq. (Special Events Facilities)
This section establishes a permit process and standards for the development and operation of
Special Event Facilities accessory to an owner’s primary residence, or manager’s residence if the manager is responsible for running the Special Event Facility. The provisions of this section of
the ordinance apply to properties located in the AG (Agriculture), TM (Timber Mountain), RR
(Rural Residential), FR (Foothill Residential), and the VLDR (Very Low Density Residential)
zones, with approval of a Minor Use Permit, and subject to the applicable development standards.
Butte County Code - Section 24-222 (Findings)
To approve a minor use permit, the proposed project must comply with applicable standards in the
zoning ordinance, other County ordinances, the General Plan, County Improvement Standards,
and supported by the following findings:
A. The proposed use is allowed in the applicable zone.
The use has operated under an approved Conditional Use Permit (UP09-0003), and has been in compliance with the conditions of said permit. Butte County Code allows Special Events
Facilities in the Rural Residential (RR) zone, subject to the approval of a Minor Use Permit,
pursuant to §24-175.2, including all applicable standards specified in §24-175.2. The
proposed amendment would increase the frequency of the existing uses from 12 to 35 events per year, with all other components of the permit to remain the same. The proposed increase in the number of events and operational standards meet the applicable standards detailed in
the ordinance, which are reflected in the existing permit and proposed amendment.
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 project would not increase the operating characteristics of the existing facility, only the frequency of the events. No increase in daily traffic volumes, noise levels, parking,
and other characteristics of the use are anticipated because no increase in the number of guests
are proposed beyond that which had been previously evaluated and approved for.
C. The proposed use will not be detrimental to the public health, safety, and welfare of the County.
No evidence of public health, safety and welfare issues have been identified with the existing use, and the proposed project would not increase the number of guests approved for the
facility. Future structures constructed on the facility will be developed with a Butte County
Building Permit. Approval of permits would ensure that the structure and supporting
infrastructure will comply with State and local regulations to ensure the highest standards in health, safety and welfare for the people of this County.
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D. The proposed use is properly located within the county and adequately served by existing or
planned services and infrastructure.
The Project has been reviewed by County agencies including Public Works, Environmental Health, Fire, and Building to ensure that the project site has the services and infrastructure available to adequately serve the proposed facility.
E. The size, shape, and other physical characteristics of the subject property are adequate to ensure
compatibility of the proposed use with the existing and future land uses in the vicinity of the
subject property.
The Project has been reviewed and is consistent with the development and operation standards detailed in BCC §24-175.2. As such, the property has physical characteristics capable of
accommodating the proposed project, and would be compatible with the surrounding uses.
AGENCY COMMENTS:
The project was reviewed by the Butte County Public Works Department, Butte County
Environmental Health Division, and Butte County Fire Department/CalFire. All comments and conditions were incorporated into the project.
PUBLIC COMMENTS:
Staff had not received any public comments at the time staff report was prepared.
ENVIRONMENTAL REVIEW
A comparative analysis has been undertaken between the adopted Initial Study/Mitigated Negative Declaration (IS/MND) and the environmental effects associated with the proposed amendment,
pursuant to CEQA Section 15162 and 15164. The analysis provides the County with a factual
basis for determining whether the proposed amendments to the Approved Project, any change in
circumstances, or any new information since the IS/MND was certified, require additional
environmental review or preparation of a subsequent MND or EIR to the IS/MND previously prepared.
Based on the evidence included in the Addendum, the analysis and its conclusions, the 2009
IS/MND remains current and valid. The proposed amendments to the Approved Project that
increases the total number of events at the facility from 12 to 35 would not cause new significant
effects not identified in the MND, nor would it increase the level of environmental effects to substantial or significant, and, hence no new mitigation measures would be necessary to reduce
the significant effects. No changes have occurred with respect to circumstances surrounding the
proposed project that would cause new or substantially more severe significant environmental
effects than were identified in the 2009 IS/MND. In addition, no new information has become
available that shows that the project would cause new or substantially more severe significant environmental effects which have not already been analyzed in the 2009 IS/MND. Therefore, no
further environmental review is required beyond this Addendum.
The Addendum and the adopted Initial Study/Mitigated Negative Declaration are attached to this
agenda report. The mitigation measures contained in the Mitigation Measure and Monitoring Plan
would continue to be adequate to reduce any potentially significant environmental impacts of the proposed project and the Approved Project to a less than significant level. Each of these mitigation
measures have been incorporated into conditions within the original use permit.
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ATTACHMENT A
ZONING ADMINISTRATOR DECISION ZDN16-00__
June 22, 2016
MINOR USE PERMIT MUP16-0004 (Honker Bay Ranch) (Amendment to Conditional Use Permit (UP09-0003)
Request to increase the annual number of outdoor special events that may be held at the existing
outdoor commercial recreation facility from 12 to 35 events.
Assessor Parcel Number: 030-340-043 & 030-340-035
I. Certify the Addendum to the previously adopted Initial Study/Mitigated Negative
Declaration, prepared pursuant to California Environmental Quality Act (CEQA), and
subject to the following findings:
A. The Addendum to the previously certified IS/MND was prepared pursuant to CEQA Section 15162 and 15164. The Addendum evaluated the proposed amendments to the Approved Project, any change in circumstances, or any new
information since the IS/MND was certified, to determine if an additional
environmental review or preparation of a subsequent MND or EIR to the IS/MND
is required.
B. The proposed amendments to the Approved Project that increases the total number of events at the facility from 12 to 35 would not cause new significant effects not
identified in the MND, nor would it increase the level of environmental effects to
substantial or significant, and, hence no new mitigation measures would be
necessary to reduce significant effects.
C. No changes have occurred with respect to circumstances surrounding the proposed project that would cause new or substantially more severe significant
environmental effects than were identified in the 2009 IS/MND.
D. No new information has become available that shows that the project would cause
new or substantially more severe significant environmental effects which have not already been analyzed in the 2009 IS/MND
E. On the basis of the whole record before the Zoning Administrator, including the
Addendum, Initial Study/Mitigated Negative Declaration, and any comments
received, there is no substantial evidence that the Project would have a significant
effect on the environment.
F. The Addendum and Initial Study/Mitigated Negative Declaration reflects the independent judgement and analysis of the County.
G. The custodian of the record is the Department of Development Services. The
location of the record is 7 County Center Drive, Oroville CA 95965.
II. Make the following findings in support of granting approval, pursuant to Butte County Code Section 24-222:
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A. The proposed use is allowed in the applicable zone.
The use has operated under an approved Conditional Use Permit (UP09-0003), and
has been in compliance with the conditions of said permit. Butte County Code allows Special Events Facilities in the Rural Residential (RR) zone, subject to the approval of a Minor Use Permit, pursuant to §24-175.2, including all applicable standards
specified in §24-175.2. The proposed amendment would increase the frequency of the
existing uses from 12 to 35 events per year, with all other components of the permit to
remain the same. The proposed increase in the number of events and operational standards meet the applicable standards detailed in the ordinance, which are reflected in the existing permit and proposed amendment.
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 project would not increase the operating characteristics of the existing facility, only the frequency of the events. No increase in daily traffic volumes, noise levels, parking, and other characteristics of the use are anticipated because no increase
in the number of guests are proposed beyond that which had been previously evaluated
and approved for.
C. The proposed use will not be detrimental to the public health, safety, and welfare of the
County.
No evidence of public health, safety and welfare issues have been identified with the
existing use, and the proposed project would not increase the number of guests
approved for the facility. Future structures constructed on the facility will be
developed with a Butte County Building Permit. Approval of permits would ensure that structures and supporting infrastructure will comply with State and local regulations to ensure the highest standards in health, safety and welfare for the people of this
County.
D. The proposed use is properly located within the county and adequately served by
existing or planned services and infrastructure.
The Project has been reviewed by County agencies including Public Works, Environmental Health, Fire, and Building to ensure that the project site has the
services and infrastructure available to adequately serve the proposed facility.
E. The size, shape, and other physical characteristics of the subject property are adequate
to ensure compatibility of the proposed use with the existing and future land uses in the
vicinity of the subject property.
The Project has been reviewed and is consistent with the development and operation
standards detailed in BCC §24-175.2. As such, the property has physical
characteristics capable of accommodating the proposed project, and would be
compatible with the surrounding uses.
III. Finds the Project to be substantially consistent with applicable Goals and Policies of the Butte County General Plan.
IV. Approves Minor Use Permit MUP16-0004 for Honker Bay Ranch c/o Jack Smith, subject
to the conditions in Exhibit “A”
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Approved By: ________________________, Zoning Administrator
Date: ______________
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EXHIBIT A
MINOR USE PERMIT
BUTTE COUNTY ZONING ADMINISTRATOR
DATE OF APPROVAL: MUP16-0004 (Amendment No. 1 to
UP09-0003)
PERMIT NO.
030-340-043 & 030-340-035
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: Honker Bay Ranch c/o Jack Smith is hereby granted a Minor Use
Permit to increase the annual number of outdoor special events that may be held at the existing
outdoor commercial recreation facility from 12 to 35 events.
1. As provided by Butte County Code §24-243, the effective date of this Minor Use Permit shall be ten days following the action of the Zoning Administrator, unless appealed or
called up for review. Permits or other approvals may be issued only upon or following the
effective date, provided no appeal has been filed.
2. This approval shall expire and become void if not exercised within two years from the date
of approval, except where an extension of time is approved as provided in Butte County Code §24-247.
3. The terms and conditions of this Minor Use Permit shall run with the land and shall be
binding upon and be to the benefit of the heirs, legal representatives, successors, and
assigns of the Permittee, provided the use has not been abandoned.
4. This Minor Use Permit may be revoked, or the conditions of approval modified, as provided in Butte County Code §24-251.
5. Minor changes as provided by BCC Chapter 24, Article 34, Section 246 (c), may be
approved administratively by the Zoning Administrator upon receipt of a substantiated
written request by the applicant, or their respective designee. Prior to such approval,
verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as
conditionally approved. Changes deemed to be major or significant in nature shall require
a formal application for amendment.
6. The applicant shall comply with all applicable federal, State and local statues and
regulations.
Conditions of Approval:
Note: Except as specifically provided herein, all terms, conditions and requirements of Conditional Use Permit
UP09-0003 shall continue to apply.
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1. The applicant shall construct and operate the project in strict compliance with the approvals
granted herein, County standards, local ordinances, and in compliance with all State and
Federal laws, regulations, and standards. In the event of a conflict between County laws
and standards and a State or Federal law, regulation, or standard, the stricter or higher standard shall control.
2. The applicant shall obtain all necessary building permits from the Butte County Building
Division for any proposed structures to be constructed at the project site. The applicant
shall submit building plans and specifications prepared by a California registered design
professional (engineer or architect) demonstrating compliance with the current California Building Code requirements.
3. Public access to potable water for the purposes of consumption or sanitation shall be
restricted to supply from bottled water for consumption and self-contained service trailers
from an approved source for hand-washing. If at any time the applicant makes domestic
water supply to the studio/shop available for sanitation purposes, annual bacteriological sample results shall be provided to Environmental Health. If at any time the applicant
makes any domestic water supply on the property available for consumption and/or
sanitation purposes to guests, then all required State Public Water System conditions shall
apply and be enforced by Environmental Health.
4. Prior to issuance, the applicant shall prepare an Emergency Plan, to the satisfaction of Butte County Fire/CalFire. The must include emergency evacuation procedures, procedures for
handling medical emergencies and other types of emergencies, and training provided for
staff on how to implement the emergency plan.
5. Prior to issuance of the Minor Use Permit, the property owner shall record an Avigation
Easement/Notice of Proximity of Airport, associated with the Oroville Municipal Airport.
6. Pay the applicable County Wide Transportation Impact Fee in effect at the time of issuance
of Building Permits.
7. Prior to issuance of the Minor Use Permit, pay any outstanding project-related processing
fees.
I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the conditions which were imposed upon the granting of this Minor Use Permit, and that I
agree to abide fully by said conditions.
Date: ______________________ ________________________________________________ Applicant
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USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Rec.)
UP09-0003
PERMIT NO.
030-340-043 and 030-340-035
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the conditions set
forth below a Use Permit for an event facility consistent with the Plot Plan is hereby granted.
Conditions of Approval:
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 Sec. 24-45.65 or equivalent or related section if the code isupdated or amended.
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.Minor changes may be approved administratively by the Directors of DevelopmentServices, Environmental Health, or Public Works upon receipt of a substantiated written
request by the applicant, or their respective designee. Prior to such approval, verification
shall be made by each Department or Division that the modification is consistent with the
application, fees paid and environmental determination as conditionally approved.
Changes deemed to be major or significant in nature shall require a formal application foramendment.
4.If the Use Permit has not been substantially 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 24-45 (or
equivalent or related section if the code is updated or amended) shall be required toestablish 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 Permittee, at a public hearingpursuant to Section 24-45.25 (or equivalent or related section if the code is updated or
amended) above, the Planning Commission may extend any time limitation previously
made a part of any condition to a Use Permit.
UP09-0003(SMITH) Conditions of Approval
Approval Date:_________ Page 1 of 5 10
5. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the
Permittee.
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 a Permit.
7. The Butte County Planning Commission hereby reserves ongoing jurisdiction over this
Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of
adverse impacts upon surrounding properties or the public health, safety or welfare.
Planning Division
8. Mitigation Measure 1:
All lighting for the project 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 mitigation shall be placed as a condition of the Use Permit.
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.
9. Mitigation Measure 2:
Dust generated by the vehicle use of unpaved roads and areas shall be kept to a minimum
and retained on-site. Dust control, through watering, dust palliative, limiting vehicle
speed, other means or combination thereof shall be required to reduce fugitive dust from
vehicle use of the gravel and other unpaved surfaces.
Plan Requirements: The note shall be placed as a condition of the Use Permit.
Timing: Requirements of the condition shall be adhered to throughout all grading,
construction/landscaping and event activity periods.
Monitoring: The Department of Development Services shall spot check and shall ensure
compliance on-site for construction related activities subject to a building permit. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints.
10. Mitigation Measure 3:
Acceptable levels of noise generated from the project shall not exceed 60 decibels Ldn or
CNEL, as established by the Butte County General Plan, at the nearest dwelling. If the
Department of Development Services (DDS) or other County departments receive noise-
UP09-0003(SMITH) Conditions of Approval
Approval Date:_________ Page 2 of 5 11
related complaints regarding the project and the level of noise is in excess of the established standards, the applicant/owner shall immediately implement all measures
recommended by DDS to abate the nuisance. The owner/applicant shall reduce noise
levels as directed, which may include, but are not limited to:
a. Changing the operational hours and/or placing limits on amplified sound/music;
b. Reducing the number of individuals allowed at each event;
c. Installing sound-buffering structures;
d. Work with a sound specialist to identify and implement appropriate sound reducing
measures; or
e. Other recommendations from the DDS.
Any violations of the above established noise standards constitute violations of the applicant’s Use Permit and shall subject the applicant to the administrative revocation
and/or criminal enforcement actions under Butte County Code section 24-45.65 or
equivalent or related section if the code is updated or amended.
Plan Requirements: This mitigation shall be placed as a condition of the Use Permit.
Timing: The applicant shall implement measures to reduce noise impacts as required by the Department of Development Services as a result of complaints during the operational
phase of the project.
Monitoring: The Planning Division and/or Code Enforcement shall respond to noise
complaints.
11. Hours of operation from 10AM to 10PM with a maximum of 200 guests on one of the three days of any of the 12 events from April through October, annually. The other two
days shall be limited to 50 guests per day. The operator has a reasonable amount of time,
generally one hour after close of the event, for the orderly and controlled exit of guests.
12. All vehicles shall be parked in designated on-site parking areas. Parking and related vehicle circulation shall be managed by event staff.
13. Prior to issuance of any permit on the project site, pay any outstanding project-related
processing fees.
14. The applicant shall comply with all other applicable State and local statues and
regulations.
15. The use permitted onsite is limited to the project description as described in the project
application, the approved Plot Plan and as further conditioned in these Conditions of
Approval. A project description summary is provided on the last page of these
Conditions of Approval.
16. The applicant/owner shall maintain an event management plan that includes but is not limited to the Conditions of Approval, approved Plot Plan, management of parking and
circulation and other operational aspects. The event management plan shall be available
for inspection and modified as necessary to comply with the Conditions of Approval.
UP09-0003(SMITH) Conditions of Approval
Approval Date:_________ Page 3 of 5 12
Public Works
17. Prior to establishing use, obtain an encroachment permit and construct a standard S-18B
road approach at the intersection of Farrar Lane and Larkin Road in accordance with
county improvement standards.
18. Improve Farrar Lane from Larkin Road to proposed parking areas to an RS-8 LD-II county improvement standard. Construct the required improvements prior to establishing
use.
19. A portion of the property is in a FEMA designated flood plain. Pursuant to Article IV,
Chapter 26 of Butte County Code, no development as defined in county code, including construction of any building or other structure, filling, grading, paving, excavation, or agricultural practice shall be initiated within the flood plain without first obtaining the
appropriate county permits.
Cal Fire/Butte County Fire
20. Maintain an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of any point on all structures.
21. Maintain Fire Access to and including the “VIP Parking Area” so as to facilitate
emergency response to event grounds beyond structures.
22. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted prior to establishing the use maintained
continuously thereafter.
Environmental Health Division
23. Prior to construction of the proposed guest parking locate and relocate as required, under permit from environmental health, any leach field that will be under the parking area.
24. Prior to issuance of the building permit clearance for the permanent outdoor toilet
facilities a permit to construct the sewage disposal system will be required from
environmental health.
County Counsel
25. If this entire matter or any finding, action or condition of this matter is appealed to the
Board of Supervisors, the applicant or any other developer/operator other than the
applicant agrees to indemnify the County of Butte from liability or loss related to the
approval of this project and agrees to sign an indemnification agreement in a form
approved by County Counsel before the Board's appeal hearing. If the application is not
appealed, this condition is deemed satisfied.
UP09-0003(SMITH) Conditions of Approval
Approval Date:_________ Page 4 of 5 13
Use Permit 09-0003 Project Description Summary:
The application is a request of for a use permit to conduct outdoor event facility uses such as
ceremonies and receptions including amplified music on property located at 1446 Farrar Lane,
Assessor’s Parcel numbers 030-340-043 and 030-340-035. The application proposes 12 events
per year from April through October. An event can include activities on up to three consecutive days, one of those days being the main event of up to 200 people. The application also includes a small winery facility to be complimentary to the events facility. Food and beverages will be
brought on site by vendor or other agreement with the owner. Portable restroom facilities will be
provided during the events. A future phase may include permanent bathroom facilities. The
proposal includes an unlighted sign at the Larkin/Farrar entrance, accessory structures, circulation and related signage.
I hereby declare under penalty of perjury I have read the foregoing conditions, 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.
Dated: _______________ ________________________________________________
Applicant NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and
Health Department permits before starting construction, nor does it waive any other
requirements.
________________________________________________
Chair, Butte County Planning Commission
CC: Land Development Division
Building Division
Environmental Health Division
Butte County Fire Department/Cal Fire Butte County Assessor’s Office
Butte County Air Quality Management District
UP09-0003(SMITH) Conditions of Approval
Approval Date:_________ Page 5 of 5 14
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MUP16-0004
Honker Bay Ranch - Jack SmithMinor Use Permit
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Project Location
®VICINITY MAP
Farrar Lane
17
Thermalito Afterbay
RC
RR-5
Request:File:MUP16-0004030-340-043 & -035
SupervisorialDistrict #4
Minor Use Permit
Rural Residential - 5 acreHonker Bay Ranch
Butte County Zone Districts
Assessor Parcel No:
¬
Zoning:Applicant/Owner:
0 630 1,260 1,890 2,520 3,150315Feet
Project Site ^
Farrar Lane
L a r k i n
R o a d
18
Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration
Minor Use Permit MUP16-0004 (Honker Bay Ranch)
Page 1 of 10
BUTTE COUNTY
Department of Development Services
ADDENDUM
to the
Initial Study/Mitigated Negative Declaration
for
Minor Use Permit MUP16-0004
(Honker Bay Ranch)
BUTTE COUNTY
Department of Development Services
7 County Center Drive, Oroville, CA 95965
530-538-7150
June 1, 2016
19
Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration
Minor Use Permit MUP16-0004 (Honker Bay Ranch)
Page 2 of 10
1.0 INTRODUCTION
This addendum assess the environmental impact(s) of a proposed amendment (MUP16-0004) to an
approved Conditional Use Permit (UP09-00003) that would allow for an increase in the annual
number of outdoor events that may be held at the special events facility from 12 to 35 events per
year between April and October. Special events are defined in Butte County Code §24-175.2(B)(1)
and include celebrations, ceremonies, weddings, receptions, corporate functions, or similar activities
for the benefit of someone other than the property owner that takes place on a periodic basis,
involving the gathering of individuals assembled for the common purpose of attending a special
event. Events not included under the definition include uses accessory to a single-family residential
use including private parties, gatherings, and similar activities that are not subject to a use agreement
between a private individual or group and the homeowner.
Conditional Use Permit UP09-0003 was approved by the Butte County (County) Planning Commission
on August 27, 2009. The permit established an outdoor commercial recreation facility for special
events that include ceremonies and receptions on property located in the Agricultural, 5-acre
minimum (AR-5) zoning designation. The facility was approved under the previous version of the
Butte County Zoning Ordinance, §24-90(C)(4) (Ordinance No. 3176). Under this ordinance, outdoor
commercial recreation facilities are permitted if the site is not less than 5 acres and with the approval
of a use permit. The permit allowed the applicant to hold 12 events per year from April through
October. An event specified in the permit includes activities up to three consecutive days, with one
of the days being the main event for up to 200 guests. Events also included amplified music, food
and beverage preparation by only vendors, and portable restrooms, with a permanent bathroom
facilities to be considered in the future.
The proposed amendment is being considered pursuant to Butte County Code §24-175.2 [Special
Events Facilities], which establishes permitting and development standards for special event facilities
operated accessory to an owner’s primary residence, or manager’s residence if the manager is
responsible for running the Special Event Facility. A Minor Use permit is required to establish a
Special Events Facility under this ordinance.
The County, as lead agency under CEQA, will consider the potential environmental impacts of the
revised project when it considers whether or not to approve these changes as part of the original
project. This Addendum is an informational document intended to be used in the planning and
decision making process as provided for under Section 15164 of the CEQA Guidelines. This
Addendum neither recommends approval or denial of the proposed revisions to the project nor will
it be the sole basis for the County’s action on the revised Project.
The fundamental conclusion of this addendum is that the proposed changes to the Approved Project
will not result in new significant impacts nor substantially increase the severity of previously disclosed
impacts beyond those already identified in the original Project. Thus, a subsequent or supplemental
Negative Declaration need not be prepared.
Additional information and technical analyses regarding the proposed Addendum and the certified
20
Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration
Minor Use Permit MUP16-0004 (Honker Bay Ranch)
Page 3 of 10
Initial Study/Mitigated Negative Declaration (IS/MND), is available for review at:
Butte County Department of Development Services
7 County Center Drive, Oroville 95965
Rowland Hickel, Senior Planner
530-538-7150 │ rhickel@buttecounty.net
1.1 Background
The IS/MND was prepared to address construction-level and operational impacts of UP09-0003. The
IS/MND evaluated potential environmental effects on aesthetics, agriculture resources, air quality,
biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology
and water quality, land use, mineral resources, noise, population and housing, public services,
recreation, transportation/traffic, utilities and service systems, and mandatory findings of significance.
All impacts identified in the IS/MND had been mitigated to below a level of significance through
implementation of mitigation measures.
Since adoption of the IS/MND, a new proposal has been requested that was not addressed under the
previously prepared Approved Project (UP09-0003) and the IS/MND prepared for the project. The
details of the proposed changes are described in Section 2.0 (Project Description) of this document and
are the subject of this Addendum.
1.2 Purpose of Addendum to the IS/MND
In determining whether an Addendum is the appropriate document to analyze the modifications to
the project and its approval, CEQA Guidelines Section 15164 (Addendum to an EIR or Negative
Declaration) states:
(a) The lead agency or a responsible agency shall prepare an addendum to a previously certified
EIR if some changes or additions are necessary but none of the conditions described in
Section 15162 calling for preparation of a subsequent EIR have occurred.
(b) An addendum to an adopted negative declaration may be prepared if only minor
technical changes or additions are necessary or none of the conditions described in Section
15162 calling for the preparation of a subsequent EIR or negative declaration have
occurred.
(c) An addendum need not be circulated for public review but can be included in or attached
to the final EIR or adopted negative declaration.
(d) The decision-making body shall consider the addendum with the final EIR or adopted
negative declaration prior to making a decision on the project.
(e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section
15162 should be included in an addendum to an EIR, the lead agency’s required findings on
the project, or elsewhere in the record. The explanation must be supported by substantial
evidence.
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Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration
Minor Use Permit MUP16-0004 (Honker Bay Ranch)
Page 4 of 10
1.2 Basis for Decision to Prepare Addendum
When an environmental impact report or negative declaration has been adopted for a project, Public
Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15164 set forth the criteria for
determining whether a subsequent EIR, subsequent negative declaration, addendum, or no further
documentation be prepared in support of further agency action on the project. Under these
Guidelines, a subsequent EIR or negative declaration shall be prepared if any of the following criteria
are met:
(a) When an EIR has been certified or negative declaration adopted for a project, no
subsequent EIR shall be prepared for that project unless the lead agency determines, on the
basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR or negative declaration due to the involvement of
new significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project
is undertaken which will require major revisions of the previous EIR or negative
declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the
previous EIR was certified as complete or the negative declaration was adopted,
shows any of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more
severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or
more significant effects on the environment, but the project proponents
decline to adopt the mitigation measure or alternative.
(b) If changes to a project or its circumstances occur or new information becomes
available after adoption of a negative declaration, the lead agency shall prepare a
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Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration
Minor Use Permit MUP16-0004 (Honker Bay Ranch)
Page 5 of 10
subsequent EIR if required under subdivision (a). Otherwise the lead agency shall
determine whether to prepare a subsequent negative declaration, and addendum, or no
further documentation.
As demonstrated in the environmental analysis provided in Section 3.0 (Environmental Analysis), the
proposed revisions do not meet the criteria for preparing a subsequent EIR or negative declaration. An
addendum is appropriate here because, as explained in Section 3.0, none of the conditions calling for
preparation of a subsequent EIR or negative declaration have occurred.
2.0 PROJECT DESCRIPTION
This section provides a detailed description of the proposed project. The reader is referred to Section
3.0 (Environmental Analysis) for the analysis of environmental effects of this project in relation to the
analysis provided in the previously adopted negative declaration for the Honker Bay Ranch.
2.1 Project Location
The project site is located at 1446 Farrar Lane, in unincorporated Butte County. The project site is situated
½ mile from Larkin Road, and 2 miles south from State Highway 162, in the unincorporated area near the
city of Oroville; APN: 030-340-043 and 030-340-035. (See Location Map – Appendix A).
2.2 Project modifications since IS/MND Adoption
The IS/MND for the Approved Project (UP09-0003) was drafted to analyze the potential environmental
impacts to establish a new special events facility capable of holding 12 annual events from April through
October for up to 200 guests, with hours of operation limited from 10 AM to 10 PM.
Special events are defined in Butte County Code §24-175.2.B.1 and include celebrations, ceremonies,
weddings, receptions, corporate functions, or similar activities for the benefit of someone other than
the property owner that takes place on a periodic basis, involving the gathering of individuals
assembled for the common purpose of attending a special event. Events not included under the
definition include uses accessory to a single-family residential use including private parties, gatherings,
and similar activities that are not subject to a use agreement between a private individual or group and
the homeowner.
Wastewater disposal and sanitation for events are provided by portable restrooms and hand washing
stations. Domestic water for consumption is provided by bottled water and brought into the site by
commercial caterers.
The requested amendment to UP09-0003 would allow for an increase in the number of events that may
be held annually at the facility from 12 to 35. All existing conditions and project components will remain
the same.
The proposed amendment is being considered pursuant to Butte County Code §24-175.2 [Special Events
Facilities], which establishes permitting and development standards for special event facilities operated
accessory to an owner’s primary residence, or manager’s residence if the manager is responsible for
running the Special Event Facility. A Minor Use permit is required to establish a Special Events Facility
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Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration
Minor Use Permit MUP16-0004 (Honker Bay Ranch)
Page 6 of 10
under this ordinance.
3.0 ENVIRONMENTAL ANALYSIS
As explained in Section 1.0, this comparative analysis has been undertaken pursuant to the provision
of CEQA Sections 15162 and 15164 to provide the County with the factual basis for determining
whether any changes in the project, any changes in circumstances, or any new information since the
IS/MND was certified require additional environmental review or preparation of a Subsequent MND
or EIR to the IS/MND previously prepared.
As described in Section 2.0, Project Description, revisions to the project is proposed. Because of this,
a new analysis for impacts within the project area is provided in this Addendum. The environmental
analysis provided in the IS/MND remains current and applicable to the proposed project in areas
unaffected by the proposed revisions for the environmental topics. As listed below:
• Aesthetics: The Approved Project included a mitigation measure (MM #1) to ensure that lighting on
the property be designed and located to confine direct lighting to the premises.
Mitigation Measure #1: All lighting for the project 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.
This measure was adopted to offset potential lighting impacts associated with evening events, which
may cause lighting to cast off the project site. The proposed increase in the number events would
continue to be held during daytime and evening hours. No new lighting is proposed; however, any
future lighting would continue to be subject to this measure, and is not anticipated to result in
additional impacts to the scenic resources beyond those identified in the IS/MND.
• Agriculture and Forestry: The project site is designated as ‘Other’ land, and is not located on land
identified as ‘Farmland’ under the Department of Conservation Farmland Mapping and Monitoring
Program. No additional surface disturbance or construction activities are anticipated with the
proposed project.
• Air Quality: The adopted IS/MND includes a mitigation measure to offset potential impacts of
fugitive dust generated by vehicle use on unpaved roads:
Mitigation Measure 2: Dust generated by the vehicle use of unpaved roads and areas shall be kept to
a minimum and retained on-site. Dust control, through watering, dust palliative, limiting vehicle
speed, other means or combination thereof shall be required to reduce fugitive dust from vehicle use
of the gravel and other unpaved surfaces.
The measure requires the applicant to apply dust control measures through watering, a dust
palliative, limiting vehicle speed, other means or combination thereof. The proposed increased
number of events is anticipated to increase traffic conditions along the access road (a gravel road),
thereby increasing the amount of dust generated from the road. Continued application of the
adopted mitigation measure would reduce fugitive dust conditions to a less than significant level,
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Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration
Minor Use Permit MUP16-0004 (Honker Bay Ranch)
Page 7 of 10
and would not require additional mitigation.
• Biological Resources: The proposed project does not include additional surface disturbances on the
project site. Therefore, no impacts to area species or their habitats would occur.
• Cultural Resources: No known on-site cultural resources were identified on the project site, and the
proposed project would not result in additional surface disturbances. As a result, the Project would
not result in the discovery or destruction of any cultural resources.
• Geology and Soils: The proposed project is located in an area of moderate erosion and expansive
soil potential, of which the Approved Project would have a less than significant impact to. The
Approved Project was also evaluated for the use of portable toilets, resulting in no requirements to
have adequate soil conditions for septic systems. The proposed project does not propose additional
construction activities or surface disturbances, and guests generated from the increase in the
number of events would continue to use portable toilets. Therefore, no additional geophysical
impacts beyond those identified in the IS/MND are anticipated.
• Greenhouse Gas Emissions: Greenhouse Gas (GHG) emissions were not previously analyzed in the
IS/MND. The proposed project is anticipated to generate direct and indirect emissions of GHG
emissions through increased vehicular traffic and energy use. GHG emissions were evaluated
County-wide with the Butte County Climate Action Plan (CAP). The goals, policies, and actions
created with the adoption of the CAP would reduce increases of GHG emissions on a County-wide
basis to ensure State standards are achieved. With the project’s consistency with the CAP, project-
generated GHG emissions are off-set, and potential impacts are less than significant.
• Hazards and Hazardous Materials: The Approved Project was identified as being located in, and
consistent with, Compatibly Zone C of the Oroville Airport. Further, the Approved Project was
reviewed by CalFire, ensuring that emergency vehicle access is adequate. The proposed project
would not increase risks related to hazards or hazardous materials relative to the Approved Project.
The maximum number of guests per event would remain the same, only the total number of events
that are occurring throughout the year is increasing. No new impacts are anticipated.
• Hydrology and Water Quality: No impacts to hydrology or water quality were identified with the
Approved Project. The proposed project does not propose any additional structures or surface
disturbances that may potentially affect area stormwater drainage. And, portable toilets would
continue to be used at the facility, so no additional waste discharge would occur.
• Land Use and Planning: The proposed amendment to increase the number of special events to be
held at the facility is consistent with BCC §24-175.2 [Special Events Facilities]. Development and
operational standards contained within this ordinance will be implemented through permit
conditions.
• Mineral Resources: No impacts to mineral resources were identified with the Approved Project. The
proposed project would not result in any additional impacts to mineral resources because the project
site is not located within an area of known mineral resources; therefore, mitigation is not required.
• Noise: The IS/MND concluded that no noise impacts would occur from the Approved Project because
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Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration
Minor Use Permit MUP16-0004 (Honker Bay Ranch)
Page 8 of 10
the surrounding residences, located approximately 1,100 feet from the events area, would not have
exceedances of the identified acceptable noise levels of 60 decibels Ldn/CNEL. Though, no impacts
were identified, Mitigation Measure #3 was adopted with the Project:
Mitigation Measure #3: Acceptable levels of noise generated from the project shall not exceed 60
decibels Ldn or CNEL, as established by the Butte County General Plan, at the nearest dwelling. If the
Department of Development Services (DDS) or other County departments receive noise-related
complaints regarding the project and the level of noise is in excess of the established standards, the
applicant/owner shall immediately implement all measures recommended by DDS to abate the
nuisance. The owner/application shall reduce noise levels as directed, which may include, but are not
limited to: (a) Changing the operational hours and/or placing limits on amplified sound/music; (b)
Reducing the number of individuals allowed at each event; (c) Installing sound-buffering structures;
(d) Work with a sound specialist to identify and implement appropriate sound reducing measures; or
(e) Other recommendations from the DDS. Any violations of the above established noise standards
constitute violations of the applicant’s Use Permit and shall subject the applicant to the
administrative revocation and/or criminal enforcement actions under Butte County Code section 24-
45.65 or equivalent or related section if the code is updated or amended.
Allowable noise exposure levels from non-transportation sources in Butte County are found in Table
HS-3 of the Butte County General Plan. The Table identifies a 55 dBA in the evening hours (7 pm to
10 pm) for non-urban areas. Under footnote #2 of Table HS-3, this limit may be increased to 60 dBA
for simple tone noises, noises consisting of speech or music, or for recurring impulsive noises. The
project is also subject to the requirements of BCC Chapter 41A Noise Control. The project is also
required to meet the requirements of BCC 41A-7:
41A-7 Exterior Noise Standard
(a) The following noise standards, unless otherwise specifically indicated in this chapter, shall apply
to all noise sensitive exterior areas within Butte County.
Daytime
(7 a.m. to 7 p.m.)
Evening
(7 p.m. to 10 p.m.)
Nighttime
(10 p.m. to 7 a.m.)
Designation
Noise Level
Descriptor Urban
Non-
Urban Urban
Non-
Urban Urban
Non-
Urban
Hourly Average
(Leq)
55 50 50 45 45 40
Maximum (Lmax) 70 60 60 55 55 50
In evaluating the proposed amendments to UP09-0003, the distances to the nearest sensitive
receptors were further evaluated to determine if any new residences were constructed in the vicinity
of the project site since approval of UP09-0003. Based on the analysis, no new residences were
26
Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration
Minor Use Permit MUP16-0004 (Honker Bay Ranch)
Page 9 of 10
identified, and the distances to the existing residences noted in the IS/MND are the same. With no
changes to the noise standards, a reduction in distance from sensitive receptors, and no anticipated
increase in the noise levels, no additional impacts are anticipated beyond those identified in the
IS/MND.
• Population and Housing: The proposed project would not increase population growth in the area,
or result in the removal of housing. Guests to the facility typically originate from local or regional
areas, and return to their place of origin once the event is finished; therefore, not necessitating the
need for new housing. Further, no additional jobs would be generated by the Project. If any
additional employment is created, it would be minimal employment growth, with employees being
taken from the local workforce.
• Public Services: The Project would not result in an increase of population to the project area (see
Population and Housing), nor would the number of guests attending events increase. The increase
in events at the facility may increase the frequency of emergency calls necessitating a response.
However, no delays in the response times would occur, and no additional emergency response
personnel would be required to serve the project site. The Project would continue to be subject to
emergency response standards maintained in the Event Management Plan. Further, emergency
vehicle access would continue to adequate to serve the site.
• Recreation: No increase of demands of recreational facilities in the project area would occur because
no population growth is anticipated with the proposed project (see Population and Housing).
• Transportation/Traffic: The IS/MND for the Approved Project did not identify any impacts
associated with vehicular traffic. The IS/MND noted that events would average 67 one way trips (3
persons per vehicle with a maximum of 200 guests). Also, that traffic to the site would primarily be
south bound along Larkin Road, turning east onto Farrar. No increase in daily or weekly vehicular
traffic would be generated by the proposed project. Further, due to the rural conditions of the
project area, existing traffic levels remain low, and without delays. As a result, no additional impacts
of the proposed project are anticipated beyond those identified in the IS/MND.
• Utilities and Service Systems: The IS/MND for the Approved Project noted that an existing well and
septic system would serve the project, and that portable restroom facilities will be provided during
events, all of which would not create a significant demand on utility and service systems. Though
the IS/MND noted that the project will be served by septic systems and an on-site well, and that
future permanent restrooms that meet applicable Environmental Health standards may be
constructed, all services to the facility have been provided by portable restrooms and water imported
to the site from an approved source. As a result, no additional domestic water usage or exceedances
of wastewater treatment requirements would occur with the proposed Project. Therefore, the
proposed project would not require or result in the construction or expansion of any public utilities
identified for the Approved Project.
• Mandatory Findings of Significance: No potential impacts of the proposed project would be
comparable beyond those identified in the IS/MND for the Approved Project had been identified.
Implementation of mitigation measures adopted for the Approved Project would ensure that the
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Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration
Minor Use Permit MUP16-0004 (Honker Bay Ranch)
Page 10 of 10
proposed project would not degrade the quality of the environmental; result in with regard to the
of the proposed project with
3.1 Conclusions
Based on the evidence included in the Addendum, the analysis and the conclusions in the 2009 IS/MND
remains current and valid. The proposed amendments to the Approved Project that increases the
number of annual special events from 12 to 35 would not cause new significant effects not identified in
the MND, nor increase the level of environmental effects to substantial or significant, and, hence no
new mitigation measures would be necessary to reduce the significant effects. No changes has occurred
with respect to circumstances surrounding the proposed project that would cause new or substantially
more severe significant environmental effects than were identified in the 2009 IS/MND. In addition, no
new information has become available that shows that the project would cause new or substantially
more severe significant environmental effects which have not already been analyzed in the IS/MND.
Therefore, no further environmental review is required beyond this Addendum.
28
DEVELOPMENT SERVICES DEPARTMENT
BUTTE COUNTY
INITIAL STUDY, MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING PLAN UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FOR
UP09-0003 (SMITH)
HONKER BAY RANCH
A PROPOSED EVENTS FACILITY
030-340-043 AND 030-340-035
1446 FARRAR LANE, OROVILLE
AND REQUEST FOR CALIFORNIA DEPARTMENT OF FISH AND GAME NO FEE DETERMINATION
29
TABLE OF CONTENTS
REQUEST FOR NO EFFECT DETERMINATION ..................................................................... 3
INITIAL STUDY............................................................................................................................4 1.0 PROJECT INFORMATION............................................................................................... 4 2.0 DETERMINATION............................................................................................................ 7
3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING............................. 8
4.0 ENVIRONMENTAL IMPACTS........................................................................................ 8
4.1 AESTHETIC/VISUAL RESOURCES........................................................................... 8 4.2 AGRICULTURE RESOURCES.................................................................................... 9
4.3 AIR QUALITY............................................................................................................... 9
4.4 BIOLOGICAL RESOURCES...................................................................................... 10
4.5 CULTURAL RESOURCES......................................................................................... 12
4.6 GEOLOGIC PROCESSES........................................................................................... 12 4.7 HAZARDS AND HAZARDOUS MATERIALS ........................................................ 13
4.8 HYDROLOGY AND WATER QUALITY.................................................................. 14
4.9 LAND USE...................................................................................................................15
4.10 MINERAL RESOURCES............................................................................................ 16
4.11 NOISE...........................................................................................................................17 4.12 HOUSING.....................................................................................................................18
4.13 PUBLIC SERVICES .................................................................................................... 19
4.14 RECREATION............................................................................................................. 19
4.15 TRANSPORTATION/TRAFFIC .................................................................................20
4.16 UTILITIES AND SERVICE SYSTEMS..................................................................... 21 4.17 MANDATORY FINDINGS OF SIGNIFICANCE...................................................... 22
5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS ........................ 22
6.0 ENVIRONMENTAL REFERENCE MATERIAL.......................................................... 24
7.0 CONSULTED AGENCIES.............................................................................................. 24
8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT.......................................................................................................................... 25
Attachment - March 24, 2009 Memo from Jack Smith to the Planning Commission, Establishment of Winery and Events Center
Project Name: UP09-0003 2 30
REQUEST FOR NO EFFECT DETERMINATION
California Department of Fish and Game
No Effect Determination Request Form
Date Submitted: August 6, 2009
Applicant Name: County of Butte (Contact Pete Calarco, Development Services,
Assistant Director at (530) 538-2167) Applicant Address: #7 County Center Drive, Oroville, CA 95965
Project Title: Use Permit 09-0003 (UP09-0003)
California Environmental Quality Act (CEQA) Lead Agency: County of Butte
CEQA Document Type : Mitigated Negative Declaration
State Clearinghouse Number and/or local agency project/case number: County
Case #UP09-0003
Project Location: 1446 Farrar Lane, Oroville on Assessor’s Parcel Number 030-340-
043 and 030-340-035. The nearest cross street is Larkin Road, east of the Thermalito Afterbay, approximately 2 miles south of Highway 162.
Project Description: The application is a request of for a use permit to conduct
outdoor event facility uses such as ceremonies and receptions including amplified music
on property located in the Agricultural Residential, 5-acre minimum (AR-5) zoning designation with a General Plan Land Use classification of Agricultural Residential
(AR). The application proposes 12 events per year from April through October. An
event can include activities on up to three consecutive days, one of those days being
the main event of up to 200 people. The application also includes a small winery facility
to be complimentary to the events facility.
Justification of No Effect Determination: The use is conditionally permitted in the
zone. The project is holding a limited number of events at an existing, developed rural
residential property. The proposed project does not result impacts to fish, wildlife and habitat.
Project Name: UP09-0003 3 31
INITIAL STUDY Introduction: This document has been prepared for public review extending from Thursday, August 6 to
Wednesday, August 26, 2009. The Planning Commission will consider this document along with the Use Permit UP09-0003 on August 27, 2009 at 9:00 a.m. or shortly thereafter. The County has evaluated the project under the
requirements of the California Environmental Quality.
1.0 PROJECT INFORMATION
A. Applicant/Owner: Jack Smith/Jack Smith and Joe Smith
B. Representative: N/A
C. Engineer: Golden Sun Designs, 2565 Zanella Way, STE F, Chico, CA 95928
D. Staff Contact: Pete Calarco, Assistant Director; (530) 538-2167, pcalarco@buttecounty.net
E. Project Name: Honker Bay Ranch
F. Project Location: 1446 Farrar Lane, Oroville on Assessor’s Parcel Number 030-340-043 and 030-340-035. The nearest cross street is Larkin Road, east of the Thermalito Afterbay, approximately 2 miles south of Highway 162.
G. Type of Application(s): Use Permit
H. Assessor’s Parcel Number(s): 030-340-043 and 030-340-035
I. Project Site Size: The two parcels total approximately 19 acres.
J. Current Zoning: Agricultural Residential, 5-acre minimum (AR-5)
K. General Plan Designation: Agricultural Residential
L. Environmental Setting: The project is located in the valley area of Butte County at approximately 140 foot elevation and generally grasses and flat to moderate slopes. The project site has an existing season pond, is adjacent to the Western Canal (forming the southern boundary) and existing residence and related accessory structures. The site has an existing lawn area, landscape trees, fruit trees and a small area planted with wine
grape vines. The surrounding area is similar with rural residential lots and an adjacent pond feature.
M. Surrounding Land Uses: State owned lands managed by the Department of Fish and Game as the Oroville Wildlife Area and other publicly owned lands to the south and east of the project site. West and north are rural residential parcels ranging in size from 3 to 10 acres or more. The project site is approximately 0.5 miles east of the Thermalito Afterbay.
N. Project Description: The application is a request of for a use permit to conduct outdoor event facility uses such as ceremonies and receptions including amplified music on property located in the Agricultural Residential, 5-acre minimum (AR-5) zoning designation with a General Plan Land Use classification of Agricultural Residential (AR). The application proposes 12 events per year from April through October. An event can include activities on up to three consecutive days, one of those days being the main event of up to 200 people. For example, a wedding party rehearsal dinner on the first night, the wedding on the second day and a gift opening on the third day. The peak event being the wedding ceremony and reception. The application also includes a small winery facility to be complimentary to the events facility. Food and beverages will be brought on site by vendor or other agreement with the owner. Portable restroom facilities will be provided during the events. A future phase may include permanent bathroom facilities. The proposal includes an unlighted sign at the Larkin/Farrar entrance, accessory structures, circulation and related signage. Additional information is provided in the attached March 24, 2009 memo from Jack Smith to the Planning Commission
Project Name: UP09-0003 4 32
describing the project (Establishment of Winery and Events Center). This memo outlines three phases of improvements to the site.
O. Public Agency Approvals: Butte County Environmental Health Division, Butte County Public Works Department and Cal Fire/Butte County Fire (CDF).
Project Vicinity
Aerial Photo
Project Name: UP09-0003 5 33
Site Plan
(not to scale)
Project Name: UP09-0003 6 34
2.0 DETERMINATION
[ ] I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
[ X ] I find that although the proposed project COULD have a significant effect on the environment, there will
NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
[ ] I find that the proposed project COULD 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.
August 5, 2009 Prepared by: Peter Calarco, Assistant Director Date
Project Name: UP09-0003 7 35
3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING
A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project; however, with the
incorporation of mitigation measures, potentially significant project related impacts are reduced to a “less than significant” level (CEQA Guidelines 15382). [X] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality
[ ] 4.4 Biological Resources [ ] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [ ] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use
[ ] 4.10 Mineral Resources [X] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic
[ ] 4.16 Utilities/Service Systems [ ] 4.17 Mandatory Findings of Significance
None of the above items are potentially significant.
4.0 ENVIRONMENTAL IMPACTS:
INTRODUCTION:
The project contains very little new construction. It is largely use of existing property developed as a single-family residents and related structures for an additional use of conducting outdoor events. This initial study evaluates the
impacts associated with conducting the events on site as identified in the project description. The closest existing residence to the proposed use is approximately 1,100 feet. Property to the south is and east is publicly owned.
4.1 AESTHETIC/VISUAL RESOURCES:
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Have a substantial adverse effect on a scenic vista? X
b. Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
X
c. Substantially degrade the existing visual character or
quality of the site and its surroundings?
X
d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
X
Impact Discussion:
The proposed use is limited to use of an existing site and does not include structures that would have an adverse effect on a scenic vista. There project would not result in removal or damage to trees, rock outcropping or historic buildings. The
project is not located within a state scenic highway area. (see 1.0 Project Information).
Events will be held in the evening hours. During that time, there is a potential for light to cast off of the project site. To
reduce this potential, light fixtures related to the events (event lighting, effects, safety lighting) are required to be shielded such that light is cast down onto the property and no direct light onto adjacent property or roads. With the mitigation
below, the impact is considered less than significant.
Project Name: UP09-0003 8 36
Mitigation Measure 1:
All lighting for the project 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 mitigation shall be placed as a condition of the Use Permit.
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.
4.2 AGRICULTURE RESOURCES:
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation
Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency, to non-agricultural use?
X
b. Conflict with existing zoning for agricultural use, or a
Williamson Act Contract? X
c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion
of Farmland, to non-agricultural use? X
Impact Discussion: The project site is designated Other Land on the 2006 Important Farmlands Map under the Farmland Mapping and Monitoring Program. Other Land is defined as Land not included in any other mapping
category. Common examples include low density rural developments; brush, timber, wetland, and riparian areas not
suitable for livestock grazing; confined livestock, poultry or aquaculture facilities; strip mines, borrow pits; and water
bodies smaller than forty acres. Vacant and nonagricultural land surrounded on all sides by urban development and
greater than 40 acres is mapped as Other Land. Other Land is not considered prime farmland. The project site is not
located within or adjacent to lands in a Williamson Act Contract. No impact has been identified.
Mitigation Measure: None required.
4.3 AIR QUALITY:
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation
Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Conflict with or obstruct implementation of the applicable air quality plan? X
Project Name: UP09-0003 9 37
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation
Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X
c. Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air
quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?
X
d. Expose sensitive receptors to substantial pollutant concentrations? X
e. Create objectionable odors affecting a substantial number
of people? X
Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated
“attainment” if these standards are met and “nonattainment” if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air
Districts have been designated as “moderate” nonattainment areas for the state standards for ozone (03) and fine particulate matter (PM10). Currently, Butte County is in attainment for all the federal (less stringent) air quality
standards. Vehicle use of the gravel road and parking area will contribute to fine particulate matter (PM10) during dry periods and/or during windy conditions. The impact is considered less than significant after mitigation.
Mitigation Measure 2:
Dust generated by the vehicle use of unpaved roads and areas shall be kept to a minimum and retained on-site. Dust
control, through watering, dust palliative, limiting vehicle speed, other means or combination thereof shall be required to reduce fugitive dust from vehicle use of the gravel and other unpaved surfaces.
Plan Requirements: The note shall be placed as a condition of the Use Permit.
Timing: Requirements of the condition shall be adhered to throughout all grading, construction/landscaping and
event activity periods.
Monitoring: The Department of Development Services shall spot check and shall ensure compliance on-site for
construction related activities subject to a building permit. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints.
4.4 BIOLOGICAL RESOURCES:
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or
regional plans, policies, or regulations, or by the California
X
Project Name: UP09-0003 10 38
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation
Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
Department of Fish and Game or 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, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
X
c. Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling, hydrological interruption, or other means)?
X
d. Interfere substantially with the movement of any native
resident or migratory fish and wildlife species or with established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
X
e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy
ordinance?
X
f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan,
or other approved local, regional, or state habitat conservation plan?
X
g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, or endangered species of animals? X
h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or
invertebrates)? X
i. A deterioration of existing fish or wildlife habitat (for foraging, breeding, roosting, nesting, etc.)? X
j. Introduction of barriers to movement of any resident or
migratory fish or wildlife species? X
k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the
normal activities of wildlife?
X
Impact Discussion:
The proposed use is largely contained within an existing developed rural-residential property (see Project Information 1.0). Through early consultation under CEQA, the Department of Fish and Game evaluated the proposed project and
concluded that there were no impacts to biological resources (July 9, 2009 email correspondence from DFG to Development Services). No adverse impact to biological resources is identified.
Mitigation Measure: None Required
Project Name: UP09-0003 11 39
4.5 CULTURAL RESOURCES:
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? X
b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? X
c. Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature? X
d. Disturb any human remains, including those interred outside of formal cemeteries? X
Impact Discussion:
The Northeast Center of the California Historical Resources Information System (Northeast Center) was consulted during project review. There are no existing records of onsite resources. The Northeast Center did identify known historic resources adjacent to the site or in the general area. These include the Western Canal along the southern boundary of the property, railroad grades, roads, refuse deposits, ditches and homestead sites/complexes . No adverse impact to cultural resources is identified. The property has not been previously surveyed for cultural resources. The Northeast Center recommends that a survey be conducted to determine if the site has cultural resources.
Staff has considered the recommendation of the Northeast Center in evaluating the project impacts to cultural resources. Since the project site is largely built and the proposed use will be an event activity on site (see 1.0 Project Information), the impact to cultural resources is considered less than significant.
Mitigation Measure: None required.
4.6 GEOLOGIC PROCESSES:
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death
involving: 1. Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the
area or based on other substantial evidence of a known fault? Refer to Division of Mines and
Geology Special Publication 42. 2. Strong seismic ground shaking?
3. Seismic-related ground failure, including liquefaction?
4. Landslides?
X
X X
X
b. Result in substantial soil erosion or the loss of topsoil? X
Project Name: UP09-0003 12 40
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
X
d. Be located on expansive soil, as defined in Table 18-1-B of
the Uniform Building Code (1994), creating substantial risks to life or property? X
e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste water?
X
Impact Discussion:
The site is located in an area of moderate erosion and expansive soils potential. Since the project site is largely built and the proposed use will be an event activity on site (see 1.0 Project Information), no significant impact to geologic
processes is identified. The impacts are considered less than significant and no impact. (see 1.0 Project Information). The property is served by an existing septic system and well. Portable restroom facilities would be brought on-site
during events. As part of the project description (see 1.0 Project Information), permanent facilities may be constructed in the future. The applicant is required to meet all applicable standards for septic systems at the time that permanent
facilities are constructed.
Mitigation Measure: None required.
4.7 HAZARDS AND HAZARDOUS MATERIALS
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Create a significant hazard to the public or the environmental through the routine transport use, or disposal
of hazardous materials? X
b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident
conditions involving the release of hazardous materials into the environment?
X
c. Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter mile of an existing or proposed schools? X
d. Be located on a site which is included on a list of hazardous
materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
X
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
X
Project Name: UP09-0003 13 41
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or
working in the project area?
X
g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation
plan?
X
h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?
X
Impact Discussion:
The closest airport is the Oroville Municipal Airport. The project site is approximately 5,000 feet (less than 1 mile) from
the runway and is within Oroville Compatibility Zone C (Traffic Pattern). The project is not considered a Major Land Use Action per Section 1.5.3(a)(4) of the Butte County Airport Land Use Compatibility Plan. The proposed use is
consistent with the intensity (people per acre) requirement of the C Compatibility Zone for the Oroville Municipal Airport. The impact is considered less than significant. (see 1.0 Project Information and Noise 4.11).
Butte Fire provided input during early consultation project review. Internal circulation shall be maintained such that emergency vehicles can access the site during an event. This requires that the driveway to the parking areas and the
circular driveway be maintained as a fire lane during events. This is presented by Butte Fire as a condition of approval of the use permit through their review requirements of the use and no additional mitigation is required.
Mitigation Measure: None required.
4.8 HYDROLOGY AND WATER QUALITY:
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Violate any water quality standards or waste discharge requirements? X
b. Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of preexisting nearby wells would drop to a level which would
not support existing land uses or planned uses for which permits have been granted)?
X
c. Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
X
d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in
flooding on- or off-site?
X
Project Name: UP09-0003 14 42
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage
systems or provide substantial additional sources of polluted runoff?
X
f. Otherwise substantially degrade water quality? X
g. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X
h. Place within a 100-year flood hazard area structures which would impede or redirect flood flows? X
i. Expose people or structures to a significant risk or loss,
injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? X
j. Inundation by seiche, tsunami, or mudflow? X
Impact Discussion:
The majority of the property is in Flood Zone X (outside of 100-year flood zone) on FEMA Flood Insurance Rate Map
(FIRM) (06007C0980 C) dated June 8, 1998. A portion of the property along the southern boundary is located in Flood Zone A (100-year flood zone). Construction activities located in the 100-year flood zone are subject to compliance with
applicable building code requirements and FEMA flood zone regulations. (see 1.0 Project Information) No impact is identified.
Mitigation Measure: None required.
4.9 LAND USE:
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Physically divide an established community? X
b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?
X
c. Conflict with any applicable habitat conservation plan or
natural community conservation plan? X
Impact Discussion:
The use permit process allows the County to consider site specific issues in a discretionary process to evaluate
consistency with the Zoning Code and the General Plan. In considering approval of the use permit, the Planning Commission is required to make findings under BCC 24-45.10 Criteria for Granting. That section states that the
Planning Commission may grant the use permit when it finds that… the proposed uses of the property will not impair
the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible
with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or
working in the neighborhood or to the general health, welfare and safety of the county…
Project Name: UP09-0003 15 43
The General Plan land use designation is Agricultural Residential. The General Plan Land Use Element includes a list of Primary and Secondary Uses. Primary uses agricultural use and single-family dwellings at rural densities. There is a
range of uses listed in the Secondary Uses section including animal husbandry, forestry, intense animal uses, home occupations, mining, outdoor recreational facilities, environmental preservation activities, airports, utilities, public and
quasi-public uses, group quarters, care homes and transient lodging. (see 1.0 Project Information and Agriculture Resources for additional discussion).
There are a few residences in the surrounding area. The residential parcels (also zoned AR-5) range in size from 3 to 10 acres (see 1.0 Project Information). The nearest residence to the portion of the parcel with the proposed use is
approximately 1,100 feet. Lands to the south and east are publicly owned and designated Public in the General Plan. Access to the site is from Larkin Road and approximately 2,000 feet along Farrar to the driveway entrance/parking area.
The proposed use will required improvements per County standard or as otherwise determined by the Public Works Director at the encroachment with Larkin and Farrar an/or portions of Farrar. Additional traffic, noise, dust and the
presence of people during the events will be noticeable. With the mitigation measures, this is considered less than significant (see 1.0 Project Information, 4.1 Aesthetics, 4.3 Air Quality and 4.11 Noise)
Considering the zoning, general plan designation, location, setting and the analysis contained in this CEQA document, Development Services considers this project to be consistent with the findings required in BCC 24-45.10. The
determination for these findings is subject to Planning Commission consideration at a public hearing including this information and written and oral comments. The decision of the Planning Commission to approve or deny the Use
Permit is subject to a 10-day appeal period.
The County is in the process of updating its entire General Plan and Zoning Code under Butte County General Plan
2030. More information on the update can be obtained at http://www.buttegeneralplan.net/. The specifics regarding permitted land uses and related zoning regulations are not currently in a draft form as of the writing of this initial study.
Review of the Preferred Land Use Alternative map indicates that this project area has been identified as Rural Residential. No information at this time indicates that the proposed use would be potentially compatible or incompatible
with the Butte County General Plan 2030 that is in process.
Mitigation Measure: None required.
4.10 MINERAL RESOURCES:
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?
X
b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? X
Impact Discussion:
The project site is not within a state designated mineral resource zone (MRZ). The site has not been used for mineral extraction and is not known as a source of important mineral resources nor is it identified as such in the General Plan.
Mitigation Measure: None required.
Project Name: UP09-0003 16 44
4.11 NOISE:
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
X
b. Exposure of persons to or generation of excessive ground
borne vibration or ground borne noise levels? X
c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the
project? X
d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing
without the project? X
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project expose people residing or working in the project area to
excessive noise levels?
X
f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in
the project area to excessive noise levels?
X
Impact Discussion:
The closest airport is the Oroville Airport. The project site is approximately 5,000 feet (less than 1 mile) from the runway and is within Oroville Compatibility Zone C (Traffic Pattern). The project site is located outside of the 55dB
CNEL (Community Noise Equivalent Level) as identified for the Oroville Airport in the Butte County Airport Land Use Compatibility Plan, Exhibit 5E. People working in the project area would not be exposed to excessive noise levels.
The recreation facility is proposed to be operational from the beginning of April through the end of October with up to 12 events. A maximum of 200 people are proposed to be able to attend an event (this number excludes the staff
and related vendors to manage the event). Events would be active not later than 10PM. After the active portion of the event there would be the exit of attendees, clean-up, etc. The Butte County General Plan identifies normally
acceptable level of noise throughout the County. Currently, the Noise Element (Chart No. 4) establishes that acceptable levels of noise for the project area are normally below 60 decibels Ldn or CNEL at any time.
The events are expected to introduce a temporary or periodic increase in ambient noise levels in the project vicinity above existing levels. The distance to the nearest house is approximately 1,100 feet from the event area Since distance
from a source of noise has an attenuating effect, noise levels from events at nearby homes can be expected to be minimal due to the distance of the residential uses on adjacent parcels from the event area. However, sensitivity to
noise is subjective and can be perceived as a nuisance, even if noise conforms to existing standards. Mitigation Measure 3 is added to insure that excessive noise will not become a significant issue. If the actions in Mitigation
Measure 3 fail to abate a noise nuisance related to events, the Planning Commission can modify the Use Permit to reduce quantity, duration or time of events or revoke the Use Permit if it reserves jurisdiction of the Use Permit.
Mitigation Measure 3:
Acceptable levels of noise generated from the project shall not exceed 60 decibles Ldn or CNEL, as established by
the Butte County General Plan, at the nearest dwelling. If the Department of Development Services (DDS) or other
Project Name: UP09-0003 17 45
County departments receive noise-related complaints regarding the project and the level of noise is in excess of the established standards, the applicant/owner shall immediately implement all measures recommended by DDS to
abate the nuisance. The owner/applicant shall reduce noise levels as directed, which may include, but are not limited to:
• Changing the operational hours and/or placing limits on amplified sound/music;
• Reducing the number of individuals allowed at each event;
• Installing sound-buffering structures;
• Work with a sound specialist to identify and implement appropriate sound reducing measures; or
• Other recommendations from the DDS.
Any violations of the above established noise standards constitute violations of the applicant’s Use Permit and shall subject the applicant to the administrative revocation and/or criminal enforcement actions under Butte County Code
section 24-45.65 or equivalent or related section if the code is updated or amended.
Plan Requirements: This mitigation shall be placed as a condition of the Use Permit.
Timing: The applicant shall implement measures to reduce noise impacts as required by the Department of Development Services as a result of complaints during the operational phase of the project.
Monitoring: The Planning Division and/or Code Enforcement shall respond to noise complaints.
4.12 HOUSING:
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure?
X
b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing
elsewhere? X
c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X
Impact Discussion:
The project does not replace, add or impede housing in the area. The proposed use does not displace housing on the property or in the area. (see 1.0 Project Information). No impact is identified.
Mitigation Measure: None required.
Project Name: UP09-0003 18 46
4.13 PUBLIC SERVICES:
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other
performance objectives for any of the public services?
X
b. Fire protection? X
c. Police Protection? X
d. Schools? X
e. Parks? X
f. Other public services? X
Impact Discussion:
The applicant will be required to maintain an event management plan as part of the conditions of approval on site. Butte
Fire provided input during early consultation project review. Internal circulation shall be maintained such that emergency vehicles can access the site during an event. This requires that the driveway to the parking areas and the
circular driveway be maintained as a fire lane during events. This is presented by Butte Fire as a condition of approval of the use permit through their review requirements of the use and no additional mitigation is required.
Mitigation Measure: None required.
4.14 RECREATION:
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
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?
X
b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an
adverse physical effect on the environment? X
Impact Discussion:
The project will not generate a demand on parks or recreational facilities (see 1.0 Project Information). No impact is
identified.
Mitigation Measure: None required.
Project Name: UP09-0003 19 47
4.15 TRANSPORTATION/TRAFFIC:
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation
Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)?
X
b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? X
c. Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results in substantial safety risks? X
d. Substantially increase hazards due to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X
e. Result in safety issues for pedestrian and/or vehicle
safety? X
f. Result in inadequate emergency access? X
g. Result in inadequate parking capacity? X
h. Conflict with accepted policies, plans or programs
supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X
Impact Discussion:
The project is not considered a Major Land Use Action per Section 1.5.3(a)(4) of the Butte County Airport Land Use
Compatibility Plan. The proposed use is consistent with the intensity (people per acre) requirement of the C Compatibility Zone for the Oroville Municipal Airport.
The project site plan includes on-site parking and circulation. The peak event day maximum proposed is 200 persons. This does not include employees or vendors transporting equipment or providing services for the event. With an average
of 3 persons per vehicle attending the event, the maximum equates to approximately 67 vehicles for a maximum event. The applicant estimates that of the larger events, the attendance will be more typically 125 to 150 persons. While this is
an estimate, the project proposes 200 as the maximum. The site plan shows a 47 lot parking area (7 additional parking spaces are provided near the residence) is provided with an overflow parking area sufficient to meet the estimated
parking needs of a maximum event. Vehicle traffic to the site is estimated to be primarily south bound traffic along Larking, turning east onto Farrar. After event exiting is expected to follow the same pattern with a right hand turn onto
Larking.
The proposed use will required improvements per County standard or as otherwise determined by the Public Works
Director at the encroachment with Larkin and Farrar and/or portions of Farrar. The project includes signage and on-site safety lighting for evening hours. The applicant will also be required to maintain and event management plan. Internal
circulation shall be maintained such that emergency vehicles can access the site during an event. This requires that the driveway to the parking areas and the circular driveway be maintained as a fire lane during events. This is presented by
Butte Fire as a condition of approval of the use permit through their review requirements of the use and no additional mitigation is required.
Mitigation Measure: None required.
Project Name: UP09-0003 20 48
4.16 UTILITIES AND SERVICE SYSTEMS:
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X
b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant environmental effects?
X
c. Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the construction of which could cause significant
environmental effects?
X
d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are
new or expanded entitlements needed?
X
e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has
adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
X
f. Be served by a landfill with sufficient permitted capacity
to accommodate the project’s solid waste disposal needs? X
g. Comply with federal, state, and local statutes, and regulations related to solid waste? X
Impact Discussion:
The project will be served by existing on-site well and septic systems (see 1.0 Project Information). Portable restroom facilities will be provided on-site during events. Any future permanent restroom facilities would be
required to meet applicable septic disposal standards at the time of construction. The project will not create a significant demand on utility or service systems. No impacts to utilities and service systems are identified.
Mitigation Measure: None required.
Project Name: UP09-0003 21 49
4.17 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065):
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation
Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous
Document
a. Have the potential to substantially degrade the quality of
the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to
drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict
the range of a rare or endangered plant or animal or eliminate important examples of the major periods of
California history or prehistory?
X
b. Have impacts that are individually limited, but cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a project are considerable when viewed in connection with
the effects of past projects, the effects of other current projects and the effects of probable future projects)?
X
c. Does the project have environmental effects which will
cause substantial adverse effects on human beings, either directly or indirectly? X
The project has the potential to contribute impacts that are individually limited and are not cumulatively considerable with respect to Initial Study Checklist Items in the above discussion. None of the impacts are
considered significant. No mitigation is required.
5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS:
Mitigation Measure 1:
All lighting for the project 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 mitigation shall be placed as a condition of the Use Permit.
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.
Project Name: UP09-0003 22 50
Mitigation Measure 2:
Dust generated by the vehicle use of unpaved roads and areas shall be kept to a minimum and retained on-site. Dust
control, through watering, dust palliative, limiting vehicle speed, other means or combination thereof shall be required to reduce fugitive dust from vehicle use of the gravel and other unpaved surfaces.
Plan Requirements: The note shall be placed as a condition of the Use Permit.
Timing: Requirements of the condition shall be adhered to throughout all grading, construction/landscaping and
event activity periods.
Monitoring: The Department of Development Services shall spot check and shall ensure compliance on-site for
construction related activities subject to a building permit. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints.
Mitigation Measure 3:
Acceptable levels of noise generated from the project shall not exceed 60 decibles Ldn or CNEL, as established by
the Butte County General Plan, at the nearest dwelling. If the Department of Development Services (DDS) or other County departments receive noise-related complaints regarding the project and the level of noise is in excess of the
established standards, the applicant/owner shall immediately implement all measures recommended by DDS to abate the nuisance. The owner/applicant shall reduce noise levels as directed, which may include, but are not limited
to:
• Changing the operational hours and/or placing limits on amplified sound/music;
• Reducing the number of individuals allowed at each event;
• Installing sound-buffering structures;
• Work with a sound specialist to identify and implement appropriate sound reducing measures; or
• Other recommendations from the DDS.
Any violations of the above established noise standards constitute violations of the applicant’s Use Permit and shall
subject the applicant to the administrative revocation and/or criminal enforcement actions under Butte County Code section 24-45.65 or equivalent or related section if the code is updated or amended.
Plan Requirements: This mitigation shall be placed as a condition of the Use Permit.
Timing: The applicant shall implement measures to reduce noise impacts as required by the Department of
Development Services as a result of complaints during the operational phase of the project.
Monitoring: The Planning Division and/or Code Enforcement shall respond to noise complaints.
Project Name: UP09-0003 23 51
6.0 ENVIRONMENTAL REFERENCE MATERIAL:
1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element.
Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville,
CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element.
Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA:
CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M
Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV-1, Scenic Highway Element. Oroville, CA:
CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA:
CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville,
CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning,
1983. 10. Butte County Planning Department. School District Map. Oroville, CA.
11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983.
12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987.
13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1998 and 2000.
14. USGS Quad Maps. 15. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture.
16. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map.
Butte County Fire Department and California Department of Forestry, 1989. 18. California Natural Diversity Database (CNDDB) accessed through Rarefind 2, Government Version, Jan-
02-2003. 19. Butte County Airport Land Use Compatibility Plan, December 20, 2000 by Shutt-Moen
20. Butte County General Plan Agricultural Element and Negative Declaration 1995. 21. Butte County Department of Development Services website: www.buttecounty.net/dds
7.0 CONSULTED AGENCIES:
[X] Environmental Health [X] Public Works [X] Building Manager
[ ] BCAG [ ] ALUC [X] LAFCo [X] Air Qual. Management Dist. [ ] City of Chico [ ] City of Biggs
[ ] City of Gridley [ ] City of Oroville [ ] Town of Paradise [ ] CA Department of Forestry [ ] CalTrans (Traffic) [ ] Central Reg. Water Quality
[ ] Department of Conservation [ ] CA Dept. of Fish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [ ] US Fish & Wildlife Service [X] Agricultural Commissioner
[ ] Butte Co. Farm Bureau [ ] Oroville Union School Dist. [ ] Feather River Rec. Dist. [X] Butte Fire [ ] SFWPA [ ] Thermalito Irrigation Dist.
[ ] PG&E [ ] Pacific Bell [ ] SBC [ ] Oroville Elem. School Dist. [X] County Assessor [ ] Thermalito Union Sch. Dist.
[ ] Dept of Water Resources [ ] Tribal Consultation (SB18)
Project Name: UP09-0003 24 52
8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT:
I/We have reviewed the Initial Study for Use Permit 09-0003 (Smith) application and
particularly the mitigation measures identified herein. I/We hereby modify the application on file
with the Butte County Planning Department to include and incorporate all mitigations set forth
in this Initial Study.
____________________________________ ___________________
Project Sponsor/Project Agent Date
Project Name: UP09-0003 25 53
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