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Home My WebLink AboutRFI15-0385 Email to Nicolaus Guillame1 Thistlethwaite, Charles From:Breedon, Dan Sent:Wednesday, September 30, 2015 9:56 AM To:'Nicolas Guillaume' Cc:'Luis A. Topete'; Thistlethwaite, Charles; Michelena, Mark Subject:Oak Woodland Habitat Mitigation Attachments:Initial Study.pdf Hello Nicolas, You had asked about the mitigation requirements for the removal of oaks and oak woodland habitat concerning the Oak Park Subdivision site for a solar energy facility, and another site located at APN: 078‐090‐048, and whether a mitigation bank would be acceptable to clear the area. I am providing the following information. Attached is the Initial Study and Mitigated Negative Declaration concerning the Oak Park Subdivision site as provided by the City of Oroville. This study would be a valuable resource for the CEQA related issues that would be applicable for the site’s development with a Solar Energy Facility. An arborist report completed for the project classifies the site as having significant oak woodlands, and sets forth measures to be taken by the applicant to mitigate impacts on oak woodland environments. Specifically referenced is item 4 e. on page 23 of the attached Initial Study. Here it discusses that 50 acres would be developed and 50 acres would be conserved, and that the benefits of the preservation of oak woodland inherent in the Oak Park projects landscape plan exceeds the benefits of mitigation planting that would otherwise be required due to tree removal necessary for development of the subdivision. It goes on to indicate that any future development proposed in the area would require a separate environmental review in which potential impacts to oak woodland conservation plans would be addressed. Concerning the site located on APN: 078‐090‐048, the following mitigation measure would be required as part of the CEQA review if it is determined that the project poses a significant impact to Oak Woodland habitat. Additionally this measure would be applied to the Oak Park Subdivision Site, although because this area is subject to prior environmental review, it would have to be reviewed in light of the conservation plans discussed in the attached Initial Study. Mitigation Measure: Prior to any development activity, site disturbance, or the issuance of any permit or approval removing or encroaching upon oak trees on the project site (this generally includes the canopy drip‐line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime) an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee that includes: 1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a); 2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be mitigated by the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off‐ site oak woodlands conservation/open space, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one‐half of the mitigation. Replanting of oak seedlings shall be of the same species removed and be planted at a 3 to 1 ratio. Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 2 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and 5) Conservation easements or funds for off‐site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee. Plan Requirements: No vegetation removal, grading, road construction, or other earthwork shall be permitted until the tree plan is submitted and approved. Timing: Requirements of the condition shall be satisfied prior to any development activity or the issuance of any building permit, or the approval of any improvement plans on the parcels. Monitoring: Butte County Department of Development Services shall ensure compliance with this requirement. Note: The clearing of oak trees or oak tree habitat prior to project approval and without the completion of appropriate environmental review pursuant to CEQA would be a violation of State law. Any land clearing, grading or vegetation removal is not authorized until appropriate entitlements and mitigations have been approved and received by the landowner. Other local, state and federal laws also may regulate land clearing, grading, and vegetation removal, including the Butte County Grading Ordinance, the Clean Water Act, and the State and Federal Endangered Species Acts. All required permits from the California Department of Fish and Game, the U.S. Army Corps of Engineers, the California State Water Resources Control Board, the Central Valley Flood Protection Board, or other applicable agencies, shall be obtained prior to, concurrently with, or as a condition of, the approval of any County permits for development. Evidence of approval or pending approval of any such permit shall be submitted to the County, including all appropriate supporting materials, environmental documentation, and studies with all land use entitlement applications. You had also asked about setbacks from vernal pools. Setbacks from vernal pools would have to be determined through a biological assessment in coordination with the California Department of Fish and Wildlife and Army Corps of Engineers. Due to varying hydrological, biological and topographical features, the setback that is necessary to avoid significant environmental impacts to vernal pools from adjacent development may vary from site to site. Previous wetland assessments should be reviewed to determine if any recommendations for a setback are provided. Should you have any further questions feel free to call or email. Best, Dan Breedon, AICP, Principal Planner Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 530.538.7629 www.buttecounty.net/dds http://power.buttecounty.net From: Luis A. Topete [mailto:ltopete@cityoforoville.org] Sent: Tuesday, September 01, 2015 11:04 AM 3 To: Breedon, Dan <DBreedon@buttecounty.net> Subject: FW: Oak Park Subdivision Dan, Below is the information we have forwarded to Nicolas which includes:  Topo Map  Initial Study / MND (Attached)  Resolution No. 6964 – Adoption of the MND and intent to prezone the property  Ord No. 1743 – Prezone of the property  Resolution No. 6965 – Initiating proceedings for annexation of property  Resolution No. P2007‐05: Planning Commission approval I also let Nicolas know that we found the rest of the hard copy folders which includes an Archeological Inventory and Biological Resource Assessment that he can view next time he is in the City. He also reviewed the subdivision map we have on file but did not request a copy. Luis A. Topete City of Oroville | Associate Planner 530.538.2408 | ltopete@cityoforoville.org Good morning Luis, Was Nicolas Guillaume with Pristine Sun able to locate the subdivision map information from your offices? We looked for it here but it is not on file with the County. Relatedly, would you have an electronic copy of the CEQA document completed at the time the City approved the Subdivision that you could share with me? Thanks. ‐Dan Dan Breedon, AICP, Principal Planner Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 530.538.7629 www.buttecounty.net/dds http://power.buttecounty.net