HomeMy WebLinkAboutTPM14-0003_ZA Agenda Report_062514.pdf
Butte County Department of Development Services
June 25, 2014 Agenda Report – Scruby TPM14-0003 Page 1 of 14
BUTTE COUNTY ZONING ADMINISTRATOR
AGENDA REPORT – June 25, 2014
Applicant: David and Vicki Scruby Location: The project site is located at
1180 Middlehoff Lane, 1,500 feet north from Highway 162, in the community of
Thermalito; Township 19N, Range 3E, Section 13;
MDB&M.
Owner: David and Vicki Scruby
File #: TPM14-0003 Parcel Size: 4.70± acres
Request: A Tentative Parcel Map to subdivide 4.7 acres into two lots of
2.57 acres (Parcel 1) and 2.13 acres
(Parcel 2). The applicant is requesting an exception to Butte
County Code §20-133 to allow for
a subdivision of the subject property that is currently served by
a cul-de-sac road that exceeds the maximum permissible length.
Supervisor District: 4
Planner: Rowland Hickel
Senior Planner
G.P.: VLDR (Very Low Density Residential) Attachments
Zoning: VLDR (Very Low Density
Residential – one-acre minimum)
A: Zoning Administrator Findings with attached Conditions of
Approval (Exhibit A)
B: Vicinity Map
APN: 030-160-058 C: Tentative Parcel Map
D: Initial Study/Mitigated
Negative Declaration
E: Agency and Public Comments
EXECUTIVE SUMMARY:
The applicant is requesting a Tentative Parcel Map to subdivide 4.7 acres into two parcels of 2.57 acres
(Parcel 1) and 2.13 acres (Parcel 2). Subdivision of the project site would create one additional developable lot situated in the VLDR (Very Low Density Residential) zone district. The purpose of the
VLDR zone is to allow for single-family homes and related uses in residential neighborhoods within the county. Permitted residential uses in the VLDR zones include single-family homes, small residential care homes, second units, animal grazing, on-site agricultural product sales, and private stables. The VLDR
zone also conditionally permits non-residential uses compatible with a residential setting, including public and quasi-public uses, golf courses, park and recreational facilities, personal services, animal keeping, large residential care homes, and medical offices and clinics. The minimum permitted parcel size in the
VLDR zone is 1 acre.
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June 25, 2014 Agenda Report – Scruby TPM14-0003 Page 2 of 14
The subject property is currently developed with two single-family homes and accessory buildings. Each
home has water and sewer services provided by the Thermalito Water and Sewer District, with each home having separate service connections to their provider. The division would result in a single-family home being located on each resultant lot. Both resultant lots would have direct access from Middlehoff Lane, a
County-maintained road. Access from Middlehoff Lane to the homes would be provided by a shared gravel driveway. No off-site or on-site improvements are proposed.
The applicant is also requesting an Exception to Section 20-133 of Butte County Code (Cul-de-sac
streets) to allow for the subdivision of the subject property, which is currently served by a dead-end road that exceeds the County’s maximum permissible length. The Land Development Division of the Butte
County Public Works Department has reviewed the proposed project, together with The Butte County
Fire Department/Cal Fire. Based on this review, measures are proposed to be incorporated into the approval of the Tentative Parcel Map to ensure that no additional residences are built on the resultant
parcels until such time as the length of the cul-de-sac is reduce to lengths allowed under BCC §20-133.
Staff recommends adopting the Mitigated Negative Declaration (MND) prepared pursuant to the California Environmental Quality Act (CEQA) and, approving Tentative Parcel Map TPM14-0003,
including the exception request to Butte County Code Section 20-133, for David and Vicki Scruby,
subject to the findings and conditions outlined in Attachment A.
PROJECT DESCRIPTION:
• Proposed Tentative Parcel Map to subdivide a 4.70-acre parcel into two parcels of 2.57 acres (Parcel 1) and 2.13 acres (Parcel 2).
• Proposed Exception Request to the allow for subdivision of the subject property, which is served by a cul-de-sac street that currently exceeds the maximum permissible length allowed pursuant to Butte
County Code §20-133.
• The proposed Exception Request includes restrictions to future subdivisions of the resultant parcels and to future second unit development, until such time as the length of the cul-de-sac on Middlehoff
Lane is reduced to standards allowed pursuant to Butte County Code §20-133.
• Each existing single-family residence would be situated on a separate resultant parcel.
• Sewage disposal and domestic water services to both resultant parcels would be provided by the Thermalito Water and Sewer District.
• No off-site or on-site improvements are proposed.
SITE CHARACTERISTICS:
• The project site encompasses 4.7 acres.
• The project site is designated as Very Low Density Residential in the Butte County General Plan, and is
presently zoned VLDR – 1.0.
• Parcel 1 is developed with a 2,500 square foot single-family residence. A 2,300 square foot single-family
residence is presently being constructed on Parcel 2.
• Water and waste water disposal services to the property are currently provided by the Thermalito Water
and Sewer District.
• Access the project site is provided by Middlehoff Lane. Middlehoff Lane is a cul-de-sac street (dead-end
road) that currently exceeds the maximum permissible length of 1,320 feet for a cul-de-sac street in this
area.
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• Access to each residence from Middlehoff Lane is provided by a shared, gravel driveway approximately
10-12 feet in width.
• The area surrounding the project site primarily includes single-family residences on lots with sizes
between 0.5 and 4.0 acres. Public rights-of-way in the vicinity of the project site include Middlehoff Lane (County) to the west and Feather River to the east.
• The project site is identified by the Department of Conservation as containing lands classified as Other Lands under the Farmland Mapping and Monitoring Program.
• The project site is not encumbered by a Williamson Act contract.
• Aquatic features on the project site include ephemeral drainages and Feather River. Feather River is
designated as a Waters of the United States. A portion of Feather River is located within the boundaries
of the project site, over the easterly 30 feet.
• According to floodplain mapping of the project area, a portion of the project site is located within the A
zone.
• The project site is identified as being located in the Inundation Zone for Oroville Dam, and presumably
the Thermalito complex (unmapped).
• Vegetation of the site consists of disturbed annual grassland, with riparian woodland habitat located
along Feather River.
• Oroville Airport is located 1.7 miles southwest from the project site, placing the project site within
Compatibility Zone D.
• Soils on the project site are identified as a Thompson Flat Oroville Complex, with 0 to 9 percent slopes.
• The elevation of the property ranges from 160 to 200 feet above mean sea level. Topography of the site is generally level with 0 to 2 percent slopes from the frontage of the property towards the east for about 500 feet. The topography begins to slope down 15 percent towards the east for approximately
40 feet, and begins to level again to 0 to 2 percent slopes for approximately 100 feet before sloping over 30 percent towards the river.
ANALYSIS
Zoning Consistency
The proposed parcel sizes of both Parcel 1 and Parcel 2 are consistent with the one-acre minimum parcel
size requirement of the VLDR zone district.
General Plan Policy Consistency
LU-P4.1 The integrity and stability of existing residential neighborhoods shall be promoted and preserved. *
LU-P15.2 New urban development shall be primarily located in or immediately adjoining already urbanized areas.*
The project area consists of single family residential uses within the Very Low Density Residential (VLDR) zone. This zoning supporting densities of 1+ acre in an urban setting,
which may include single-family residential uses. The proposed project includes the creation of 2± acre parcels in the VLDR zone, resulting in a project that’s compatible with
surrounding urban residential neighborhood.
W-P3.3 The County shall protect groundwater recharge and groundwater quality when considering
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new development projects.
W-P5.2 New development project shall identify and adequately mitigate their water quality impacts from stormwater runoff. *
The proposed project has the potential to result in a net increase in impervious surfaces on the project site from the development of new residences and other
structures. Future development would result in only a minor increase in impervious surfaces from the construction of concrete foundations and access roads. Thus, the proposed project would not cause a measureable reduction in surface infiltration or a
decrease in deep percolation to the underlying aquifers. Additionally, with the minimal increase in impervious surfaces, surface runoff from the project site would be minor and readily contained on-site.
COS-P5.2 Developers shall implement best available mitigation measures to reduce air pollution emissions associated with the construction and operation of development projects. *
The project includes an air quality mitigation measure that contains best management
practices in the suppression of dust and other air pollution emissions.
COS-P7.3 Creeks shall be maintained in their natural state whenever possible, and creeks and
floodways shall be allowed to function as natural flood protection features during storms.*
COS-P7.4 New development projects shall mitigate their impacts in habitat areas for protected
species through on- or off-site habitat restoration, clustering of development, and/or project design and through the provisions of the Butte Regional Habitat Conservation Plan
(HCP) and Natural Community Conservation Plan (NCCP) within the HCP/NCCP
Planning Area, upon the future adoption of the HCP/NCCP.*
COS-P7.5 No new development projects shall occur in wetlands or within significant riparian habitats, except within the Butte Regional Habitat Conservation Plan (HCP) and Natural
Community Conservation Plan (NCCP) Planning Area where such development is
consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP.*
COS-P7.6 New development projects shall include setbacks and buffers along riparian corridors and adjacent to habitat for protected species, except where permitted in the Butte Regional
Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) Planning Area and where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP.*
COS-P7.7 Construction barrier fencing shall be installed around sensitive resources on or adjacent to
construction sites. Fencing shall be installed prior to construction activities and
maintained throughout the construction period.*
COS-P7.8 Where sensitive on-site biological resources have been identified, construction employees operating equipment or engaged in any development-associated activities involving
vegetation removal or ground disturbing activities in sensitive resource areas shall be
trained by a qualified biologist and/or botanist who will provide information on the on-site biological resources (sensitive natural communities, special-status plan and wildlife
habitats, nests of special-status birds, etc.), avoidance of invasive plan introduction and
spread, and the penalties for not complying with biological mitigation requirements and other State and federal regulations.*
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COS-P7.9 A biologist shall be retained to conduct construction monitoring in and adjacent to all habitats for protected species when construction is taking place near such habitat areas.*
Mitigation measures have been included that would establish a 50-foot buffer from existing riparian habitat along Feather River, which is considered a sensitive habitat
resource in need of preservation. With the establishment of the buffer area, future grading and construction activities would be performed in conjunction with applicable
Federal, State and County permits and regulations.
COS P15.1 Areas found during construction to contain significant historic or prehistoric
archaeological artifacts shall be examined by a qualified consulting archaeologist or
historian for appropriate protection and preservation. Historic or prehistoric artifacts found during construction shall be examined by a qualified consulting archaeologist or
historian to determine their significance and develop appropriate protection and
preservation measures. *
COS P15.2 Any archaeological or paleontological resources on a development project site shall be either preserved in their sites or adequately documented as a condition of the removal.
When a development project has sufficient flexibility, avoidance and preservation of the
resource shall be the primary mitigation measure. *
COS-P16.4 If human remains are located during any ground disturbing activity, work shall stop until
the County Coroner has been contacted and, if the human remains are determined to be of Native American origin, the NAHC and most likely descendant have been consulted.*
Mitigation measures have been included that address the recovery of cultural
resources, and identification of human remains, should any be discovered through future grading activities on the resultant parcels.
COS-P17.1 Views of Butte County’s scenic resources, including water features, unique geological
features and wildlife habitat areas shall be maintained.
The density and design of the project is consistent with the established visual character of the surrounding area.
Exception Request
Middlehoff Lane presently exceeds the maximum permissible length for cul-de-sac streets (dead-end road),
as defined in Butte County Code §20-133, Cul-de-sac streets. The maximum length of dead-end roads is determined by the minimum parcel size specified by the applicable zoning of the parcels served solely by the dead-end road. Based on the zoning of the project area, the maximum permissible length of the Middlehoff
Lane is 1,320 feet. In the event a parent parcel is served by a dead-end road that exceeds the maximum permissible length, additional subdivisions of the parent parcel is not allowed unless a secondary access to the
parcel is created, the length of the dead-end road is reduced (typically, with the creation of another road), or
an exception to the standard is granted by the Butte County Public Works Department.
Exceptions to the standard for cul-de-sac streets may be granted when all the following circumstances apply
(Butte County Code §20-133(e)):
• The exception has concurrence from the Butte County Fire Department/CalFire, and measures have
been incorporated into the approval of the tentative map or parcel map to reduce fire hazard in a
manner that has the same practical effect as limiting the length of a cul-de-sac street;
• The exception would apply only when the resulting parcels after subdivision are five (5) gross acres
or more in size, or when resulting parcels are similar in size and nature to surrounding parcels;
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• The exception may not be applied within the TPZ, TM or FR zoning districts.
The applicant is proposing to restrict future subdivisions and the development of additional residential uses on the resultant lots until such time as an additional roadway is constructed off Middlehoff Lane that would
reduce the cul-de-sac length to, or below, the length allowed under BCC §20-133. Additionally, the resultant lots are similar in the size and nature as the existing lots in the surrounding area, which are zoned VLDR and are between 0.5 and 4.0 acres in size.
Butte County Code §20-4 (Exceptions to design requirements) allows the applicant to request the exception, subject to the following findings:
(a) That there are special circumstances or conditions of topography or size or shape or location or
existing development affecting the property, which circumstances, conditions or development existed at the time the application for the map was determined or deemed to be complete.
Both residences on the subject property have existed at the time of the Tentative Parcel Map application was deemed complete by Butte County. No additional residences will be constructed on the resultant parcels.
(b) That the granting of the exception will not be detrimental to the public welfare or injurious to
other property in the territory in which the property is situated.
Future residences will not be developed on the resultant parcels until such time as the length of cul-
de-sac is reduced and brought into compliance with Butte County Code §20-133. With no additional residences, the general public will not be exposed to an increased risk to fire-related hazards because the project would not cause an increase to the local population and because vehicular
traffic will not be added to area roadways.
BUTTE COUNTY DEPARTMENTS AND OTHER AGENCIES REVIEW
Comments/conditions received from Butte County Departments and other Agencies were reviewed and
incorporated into the project analysis and proposed project conditions.
Butte County Public Works Department Recommended for several conditions of approval for streets, drainage and finalizing the parcel map be
included on the tentative parcel map.
Butte County Environmental Health Division Butte County Environmental Health noted that the project site is currently served by the Thermalito
Water and Sewer District (TWSD), and that the applicant included a letter from the TWSD outlining requirements for utility placement on the new lot to serve it with water and sewer. It was verbally verified by Jayme Boucher that the letter dated February 11, 2014 shall take the place of a will serve
letter.
Butte County Fire Department/Cal Fire
Noted three conditions recommended for inclusion on the tentative parcel map. These conditions include:
1. Construction, installation or development of buildings, roads, driveways, gates or bridges on the resultant parcels must comply with Butte County Improvement Standards.
2. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential,
and 20 feet wide for commercial, 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 all structures.
3. A pressurized water supply for fire protection will not be required. The developer will install an automatic fire sprinkler system in all new residential structures in accordance with the National Fire Protection Association standard for the installation of sprinkler systems in one and two family
dwelling and mobile homes, NFPA Standard 13D.
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Butte County Department of Development Services
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Central Valley Regional Water Quality Control Board
The responsible agency commented on the need to obtain a 404 Permit and Section 401 Water Quality Certification, if the project would cause a discharge of dredged or fill materials into waters of the United States. The discharge of dredge or fill materials to waters of the State would require the applicant to file a
report of waste discharge, pursuant to Section 13376 and 13260 of the Clean Water Act, as well as obtain Water Quality Certification. Should the applicant generate one acre or more of land disturbance during
construction, the activity must be covered under the General Construction Permit (CGP). The agency
recommends that the project be conditioned to implement storm water pollution controls during construction and post-construction as required by the CGP.
PUBLIC COMMENTS
Jean M. Pratt The adjacent property owner has concerns about losing property when the property is surveyed, and is
requesting that the County review the David and Vicki Scruby Parcel Map to ensure that the survey starts
at the ‘True’ point of beginning on Grand Avenue in order to get an accurate survey of the subject property. She also has concerns with the split causing additional drainage problems to her property.
ENVIRONMENTAL REVIEW/CEQA ISSUES
In compliance with Section 15073(a), the Initial Study/Mitigated Negative Declaration (IS/MND), application, and reference documents for this project were placed on file for public review and comment
for a 30 day period starting May 19, 2014 through June 17, 2014. Notices regarding the 30-day review period were mailed to landowners near the project site, and a notice was placed in the Chico Enterprise Record/Oroville Mercury Register.
The Initial Study prepared for this project determined there may be potential environmental impacts to the following areas:
• Air Quality
• Biological Resources
• Cultural Resources
The Initial Study/Mitigated Negative Declaration, which is attached to this agenda report, recommended
four mitigation measures to reduce environmental impacts to a less than significant level. The collection
of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California
Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not
paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)).
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June 25, 2014 Agenda Report – Scruby TPM14-0003 Page 8 of 14
ATTACHMENT A
TENTATIVE PARCEL MAP TPM14-0003 (Scruby)
ZONING ADMINISTRATOR DECISION ZDN14- ___
I. The Zoning Administrator has considered the Initial Study and Mitigated Negative
Declaration in accordance with the California Environmental Quality Act (CEQA), and
adopts the Mitigated Negative Declaration with the following findings:
A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said Study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels;
B. The Zoning Administrator has considered the Mitigated Negative Declaration,
together with comments received during the review process.
C. On the basis of the whole record before the Zoning Administrator, including the Initial Study and any comments received, there is no substantial evidence that the Tentative Parcel Map for David and Vicki Scruby, Planning Division File No.
TPM14-0003, with conditions and mitigations here attached, would have a
significant effect on the environment.
D. The custodian of the record is the Land Development Division of the Public Works Department. The location of the record is 7 County Center Drive, Oroville CA 95965.
E. The Mitigated Negative Declaration reflects the independent judgment and
analysis of the County, which is the Lead Agency.
II. Finds that collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is
exempt from the fee requirement. If a required fee is not paid for a project, the project
will not be operative, vested or final and any local permits issued for the project will be
invalid (Section 711.4 (c)(3)).
III. Approves Tentative Parcel Map TPM14-0003 for David and Vicki Scruby, subject to the conditions found in Exhibit “A” and the following findings:
A. The proposed map is consistent with the VLDR (Very Low Density Residential, one-acre
minimum) zoning, and the VLDR General Plan land use designation.
B. Sizes of the proposed parcels (Parcel 1 - +2.57 acres and Parcel 2 - +2.13 acres) are consistent with the current VLDR zone.
C. The project is consistent with the following General Plan Policies:
LU-P4.1 The integrity and stability of existing residential neighborhoods shall be promoted and preserved. *
LU-P15.2 New urban development shall be primarily located in or immediately adjoining already urbanized areas.*
The project area consists of single family residential uses within the Very Low Density Residential (VLDR) zone. This zoning supporting densities of 1+ acre
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Butte County Department of Development Services
June 25, 2014 Agenda Report – Scruby TPM14-0003 Page 9 of 14
in an urban setting, which may include single-family residential uses. The proposed project includes the creation of 2± acre parcels in the VLDR zone,
resulting in a project that’s compatible with surrounding urban residential neighborhood.
W-P3.3
The County shall protect groundwater recharge and groundwater quality when
considering new development projects.
W-P5.2 New development project shall identify and adequately mitigate their water quality impacts from stormwater runoff. *
The proposed project has the potential to result in a net increase in impervious surfaces on the project site from the development of new
residences and other structures. Future development would result in only a minor increase in impervious surfaces from the construction of concrete foundations and access roads. Thus, the proposed project would not cause a
measureable reduction in surface infiltration or a decrease in deep percolation to the underlying aquifers. Additionally, with the minimal
increase in impervious surfaces, surface runoff from the project site would
be minor and readily contained on-site.
COS-P5.2 Developers shall implement best available mitigation measures to reduce air
pollution emissions associated with the construction and operation of development projects. *
The project includes an air quality mitigation measure that contains best
management practices in the suppression of dust and other air pollution
emissions.
COS-P7.3 Creeks shall be maintained in their natural state whenever possible, and creeks
and floodways shall be allowed to function as natural flood protection features during storms.*
COS-P7.4 New development projects shall mitigate their impacts in habitat areas for protected species through on- or off-site habitat restoration, clustering of
development, and/or project design and through the provisions of the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) within the HCP/NCCP Planning Area, upon the
future adoption of the HCP/NCCP.*
COS-P7.5 No new development projects shall occur in wetlands or within significant
riparian habitats, except within the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) Planning Area
where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP.*
COS-P7.6 New development projects shall include setbacks and buffers along riparian corridors and adjacent to habitat for protected species, except where permitted
in the Butte Regional Habitat Conservation Plan (HCP) and Natural
Community Conservation Plan (NCCP) Planning Area and where such development is consistent with the conditions of the HCP/NCCP, upon the
future adoption of the HCP/NCCP.*
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COS-P7.7 Construction barrier fencing shall be installed around sensitive resources on or adjacent to construction sites. Fencing shall be installed prior to construction
activities and maintained throughout the construction period.*
COS-P7.8 Where sensitive on-site biological resources have been identified, construction
employees operating equipment or engaged in any development-associated activities involving vegetation removal or ground disturbing activities in
sensitive resource areas shall be trained by a qualified biologist and/or botanist
who will provide information on the on-site biological resources (sensitive natural communities, special-status plan and wildlife habitats, nests of special-
status birds, etc.), avoidance of invasive plan introduction and spread, and the
penalties for not complying with biological mitigation requirements and other State and federal regulations.*
COS-P7.9 A biologist shall be retained to conduct construction monitoring in and adjacent
to all habitats for protected species when construction is taking place near such
habitat areas.*
Mitigation measures have been included that would establish a 50-foot buffer from existing riparian habitat along Feather River, which is considered a sensitive habitat resource in need of preservation. With the establishment of
the buffer area, future grading and construction activities would be performed in conjunction with applicable Federal, State and County permits and regulations.
COS P15.1 Areas found during construction to contain significant historic or prehistoric archaeological artifacts shall be examined by a qualified consulting
archaeologist or historian for appropriate protection and preservation. Historic or prehistoric artifacts found during construction shall be examined by a
qualified consulting archaeologist or historian to determine their significance
and develop appropriate protection and preservation measures. *
COS P15.2 Any archaeological or paleontological resources on a development project site shall be either preserved in their sites or adequately documented as a condition of the removal. When a development project has sufficient flexibility,
avoidance and preservation of the resource shall be the primary mitigation measure. *
COS-P16.4 If human remains are located during any ground disturbing activity, work shall stop until the County Coroner has been contacted and, if the human remains
are determined to be of Native American origin, the NAHC and most likely
descendant have been consulted.*
Mitigation measures have been included that address the recovery of cultural resources, and identification of human remains, should any be
discovered through future grading activities on the resultant parcels.
COS-P17.1 Views of Butte County’s scenic resources, including water features, unique
geological features and wildlife habitat areas shall be maintained.
The density and design of the project is consistent with the established visual
character of the surrounding area.
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D. The design and improvements of the proposed parcel map are consistent with County
standards and policies, provided all conditions of project approval are complied with.
E. The project site is physically suitable for the use and density of the proposed development.
F. The design and improvements of the project will not conflict with easements acquired by the public at large for access through or use of property within the proposed parcel map
provided the attached conditions are met.
G. Approval of this project will not be detrimental to the public health, safety, and welfare, provided the required conditions and mitigation measures are complied with.
H. The roads in the project area have the capacity to handle the increase in vehicular traffic
generated by the project.
I. Special circumstances affecting the property necessitating the Exception Request is that
both residences on the subject property have existed at the time of the Tentative Parcel
Map application was deemed complete by Butte County, and no additional residences would be developed on the resultant parcels until such time as the length of cul-de-sac is
reduced and brought into compliance with Butte County Code §20-133.
J. The project would not be detrimental to the public welfare or injurious to other property in the territory because future residences will not be developed on the resultant parcels
until such time as the length of cul-de-sac is reduced and brought into compliance with Butte County Code §20-133. With no additional residences, the general public will not be exposed to an increased risk to fire-related hazards because the project would not
cause an increase to the local population and because vehicular traffic will not be added to area roadways.
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EXHIBIT A
Tentative Parcel Map for David and Vicki Scruby on APN 030-160-058, File # TPM14-0003: An application for a Tentative Parcel Map to divide a 4.7 acre parcel into two parcels of 2.57 acres (Parcel 1)
and 2.13 acres (Parcel 2).
I. CONDITIONS OF APPROVAL:
Mitigation Measure #1: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map
sheet that states: “Dust generated by the development activities shall be kept to a minimum and retained on-site. Follow the air quality control measures listed below:
Control Dust a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or
sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day’s activities cease.
b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas
in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust
generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads.
e. Haul vehicles transporting soil into or out of the property shall be covered. f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the
project site has been tracked onto these roadways, unless conditions warrant a greater frequency. g. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in
order to control dust.
Post Contact Information
h. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air
Quality Management District - (530) 332-9400 - shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions).
Other Construction Practices i. Maintain all construction equipment in proper tune according to manufacturer’s specification.
j. Where feasible, give preference to utilizing the following equipment:
• Electric equipment
• Substitute gasoline-powered for diesel-powered equipment
• Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel.
• Equipment that has Caterpillar pre-chamber diesel engines, as practical.
• Diesel construction equipment meeting the CARB’s 1996 or newer certification standard for off-road
heavy-duty diesel engines. k. Construction workers shall park in designated parking area(s) to help reduce dust emissions.”
Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. This note shall also be placed on all building and site development plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works Department shall
ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air
Pollution Control District inspectors shall respond to nuisance complaints.
Mitigation Measure #2:
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A riparian buffer area shall be established along that portion of Feather River located within the project site.
Riparian buffer areas shall extend landward, 50 feet from the ordinary high water mark along the river channel. The riparian buffer area shall be delineated on an additional Notation and Disclosure Sheet for the Parcel Map, to be
recorded as a condition of project approval. A notation shall accompany the designated riparian buffer area that states: “Only development and activities allowed pursuant to Butte County Code Section 24-76 et seq. shall occur
within the Riparian Buffer Area. Additional permits may be required from the Butte County Development Services Department, prior to construction of any structures or establishment of any uses or activities within the Riparian
Buffer Area.”
Plan Requirements: The riparian buffer area and notation shall be placed on an additional Notation and Disclosure
Sheet for the Parcel Map or on a separate document recorded concurrently with the Parcel Map.
Timing: Requirements of the condition shall be satisfied prior to recordation of the map. This measure shall be
implemented during site preparation, issuance of development permits, and construction.
Monitoring: The Butte County Department of Development Services and Public Works Department shall ensure
that the building envelope and notation is placed on an additional Notation and Disclosure Sheet of the Parcel Map, or on a separate document to be recorded concurrently with the Parcel Map. The Planning Division shall ensure
compliance through the permit review process, and through routine inspections of the site.
Mitigation Measure #3
Prior to any development activity 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
Zoning Administrator 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 one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures
developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. 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 Zoning Administrator. 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;
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 Zoning Administrator.
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
grading, building, septic, or well permit, or the approval of any improvement plans on the parcels, which will result in removing or encroaching upon oak trees on the project site.
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Monitoring: At the time of septic, well, or building permit application, the Development Services Department will
reference this requirement on any grading, building, septic, or well permit site plans and verify that either Oak Trees 5 inches or more in diameter at breast height are avoided or an Oak Tree Mitigation Plan has been submitted to and
approved by the Zoning Administrator. Butte County building inspectors shall ensure compliance on-site.
Mitigation Measure #4
Place a note on a separate document which is to be recorded concurrently with the Parcel Map or on an additional map sheet that states: “Should grading activities reveal the presence of prehistoric or historic cultural resources (i.e.
artifact concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.; structural remains; human skeletal remains) work within 50 feet of the find shall immediately cease until a qualified
professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner
((530) 538-6579). Should the County Coroner determine that the remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State Law, to
arrange for Native American participation in determining the disposition of such remains.” The provisions of this note shall be followed during construction of all subdivision improvements, including land clearing, road
construction, utility installation, and building site development.
Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with
the map or on an additional map sheet and shall be shown on all site development and building plans.
Timing: This measure shall be implemented during all site preparation and construction activities.
Monitoring: The Department of Development Services and/or Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet.
Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid
damage to cultural resources and determine appropriate action. State law requires the reporting of any human remains.
Planning Division, Department of Development Services
5. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a CEQA
Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Wildlife that the project is exempt from the fee requirement. If a
required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)).
6. All exterior lighting shall comply with Chapter 24, Section 67 of the Butte County Code, Outdoor Lighting Standards. Exterior lighting shall be located, adequately shielded, and directed such that no direct light
falls outside the property line, or into the public right-of-way. Flashing, flickering, or other lighting that is distracting or may be confused with traffic or emergency signals shall be prohibited.
7. Prior to recordation of the Parcel Map, pay any outstanding project-related processing fees.
8. Prior to the recordation of the Parcel Map, record as a separate instrument an Avigation Easement granting the right of continued use of the airspace above the proposed parcels by the Oroville
Municipal Airport and acknowledging any and all existing or potential airport operational impacts.
9. Prior to recordation of the Parcel Map, the applicant shall record a Notice of Proximity of Airport
acknowledging that the subject property is located in the Oroville Municipal Airport Influence Area, and would be routinely subject to overflights by aircraft potentially causing inconvenience,
annoyance or discomfort arising from the noise of such operations.
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10. Place a note on a separate document which is to be recorded concurrently with the Parcel map or
on an additional map sheet that states: “The project parcels are in the proximity of the Oroville Municipal Airport and are subject to aircraft overflight.”
11. Place a note on a separate document which is to be recorded concurrently with the Parcel Map or
on an additional map sheet that states: “Airspace review by the Airport Land Use Commission is required for all objects over 100 feet in height above ground level.”
Public Works
12. Prior to recordation of the parcel map, obtain an encroachment permit and improve all new and existing driveway approaches as specified in the county improvement standards and the terms of the encroachment
permit.
13. Prior to issuance of building permits, drainage plans and calculation shall be submitted to and approved by
the Department of Public Works. Engineering plans shall detail existing drainage conditions and specify
how storm water runoff will be either detained or retained onsite and/or conveyed to the nearest natural drainage channel or publicly maintained facility. Engineering calculations shall show there is no increase in peak flow runoff leaving the property.
14. Prior to recordation of the parcel map in accordance with Butte County Code Section 26-25 either:
a. Show or note the existing regulatory flood plain on the map; or
b. Establish the regulatory flood plain and then show it on the map.
15. Prior to grading, a construction storm water permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. The permit must be obtained from the State Water Resources Control Board prior to
construction. If a construction storm water permit is required, place a note on an additional map sheet that states: “The development of this parcel map requires a construction storm water permit. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. Development of individual lots may require an additional
permit(s).”
16. Show all easements of record on the parcel map.
17. Prior to recordation of the parcel map, pay in full any and all delinquent, current and estimated taxes and
assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492.
18. Pay the recording fees in effect at the time the parcel map and related documents are recorded.
19. Prior to recordation of the parcel map, pay all applicable assessments established by affected assessment
districts, in full.
20. Place a note on a separate document which is to be recorded concurrently with the map or on an additional
sheet of the parcel map regarding the limited future development on the parcels. The following note shall be recorded: “Until such time as a secondary point of access is created for Middlehoff Lane, the parcels
created by this division shall be restricted to one (1) dwelling unit per parcel.”
21. Place a note on a separate document which is to be recorded concurrently with the map or on an additional
map sheet of the parcel map regarding drainage. The following note shall be recorded: “Prior to issuance of building permits, drainage plans and calculations shall be submitted to and approved by the Department
of Public Works. Engineering plans shall detail existing drainage conditions and specify how storm water runoff will be either detained or retained onsite and/or conveyed to the nearest natural drainage channel or
publicly maintained facility. Engineering calculations shall chow there is no increase in peak flow runoff leaving the property.”
Butte County Fire Department/Cal Fire
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22. Construction, installation or development of buildings and/or roads, driveways, gates and bridges
on parcels/lots shall comply with current Butte County Improvement Standards.
23. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential, and 20 feet wide for commercial, 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 all structures.
24. In accordance with Section 13 of the 2006 Butte County Improvement Standards, a pressurized
water supply for fire protection will not be required. The developer will install an automatic fire sprinkler system in all new residential structures in accordance with the National Fire Protection
Association standard for the installation of sprinkler system in one and two family dwellings and
mobile homes (NFPA Standard 13D).
II. NOTATION
A. Minor changes may be approved administratively by the Directors of Development Services,
Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each
Department or Division that the modification is consistent with the application, fees paid and
environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment.
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DEVELOPMENT SERVICES
DEPARTMENT
BUTTE COUNTY
INITIAL STUDY AND
PROPOSED MITIGATED NEGATIVE DECLARATION
TENTATIVE PARCEL MAP TPM 14-0003 (Scruby)
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COUNTY OF BUTTE
DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR
TENTATIVE PARCEL MAP TPM14-0003 (Scruby)
1.0 PROJECT INFORMATION
A. Applicant/Owner: David and Vicki Scruby (Applicant/Owner)
B. Staff Contact: Rowland Hickel, Senior Planner; (530) 538-7150, rhickel@buttecounty.net
C. Project Name: TPM14-0003; David and Vicki Scruby Tentative Parcel Map
D. Project Location: The project site is located at 1180 Middlehoff Lane, 1,500 feet north from Highway 162, in
the community of Thermalito; Township 19N, Range 3E, Section 13; MDB&M.
E. Type of Application: Tentative Parcel Map
F. Assessor Parcel Number: 030-160-058
G. Project Site Size: 4.70± acres
H. Current Zoning: VLDR (Very Low Density Residential – one-acre minimum)
I. General Plan Designation: VLDR (Very Low Density Residential)
J. Environmental Setting:
The project site encompasses 4.70 acres located along the western bank of Feather River, in the community
of Thermalito. The property is developed with a single-family home approximately 2,500 square feet in size. A Butte County Building Permit has been issued for the construction of a 2,300 square foot second
single-family home. The second home is currently being construction, but has not been completed. Water and sewer services to both homes are provided by the Thermalito Water and Sewer District. Access to each
home is provided by a shared gravel driveway approximately 10-12 feet in width.
The elevation of the project site ranges from 160 to 200 feet above mean sea level. The topography of the
site is generally level with 0 to 2 percent slopes from the frontage of the property towards the east for about 500 feet. The topography begins to slope down 15 percent towards the east for approximately 40 feet, and
begins to level again to 0 to 2 percent slopes for approximately 100 feet before sloping over 30 percent towards the river.
Soils on the project site are identified as a Thompson Flat Oroville Complex, with 0 to 9 percent slopes.
The vegetation of the project site consists of disturbed annual grassland, with riparian woodland habitat
located along Feather River. Annual grasslands are typically dominated by nonnative annual grasses with intermixed annual and perennial forbs, including wild oat, ripgut brome, soft chess fescue, clover, wild
mustard, and wild radish. This habitat is used by many wildlife species for foraging. Some of these species may also breed in this habitat if special habitat features such as cliffs, caves, ponds, or woody plants
are available for breeding or resting or as escape cover. Retiles that breed in annual grassland habitats include western fence lizards, common garter snake, and western rattlesnakes. Grasslands also provide
foraging habitat for wide-ranging species such as red-tail hawk, turkey vulture, American kestrel, and northern harrier. Mammals typically found in this habitat include California vole, western harvest mouse,
California ground squirrel, black-tailed jackrabbit, and coyote.
Riparian woodland habitat are typically dominated by a mixture of trees and shrubs, including Fremont
cottonwood, valley oak, Oregon ash, Himalayan blackberry, and a variety of willows. Due to the diverse array of established vegetation, riparian forest provides high-value habitat for wildlife, including several
special-status species. Riparian forest habitat provides food, water, and migration and dispersal corridors, as well as escape, nesting, and thermal cover for many wildlife species. Invertebrates, amphibians, and
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aquatic reptiles live in aquatic and adjacent upland habitats. Raptors, herons, egrets, and other bird nest in
the upper canopy. Various songbirds use the shrub canopy, and cavity-nesting birds, such as Nuttall’s
woodpecker and oak titmouse, occupy dying trees and snags. Several mammals, including raccoons, Virginia opossum, and striped skunks are common in riparian habitats.
K. Surrounding Land Uses:
The area surrounding the project site primarily includes single-family residences on lots with sizes between 0.5 and 4.0 acres. Public rights-of-way in the vicinity of the project site include Middlehoff Lane (County) to the west and Feather River to the east.
Direction General Plan Designation Zoning Existing Land Use(s)
North Very Low Density Residential VLDR Residential
South Very Low Density Residential VLDR Residential
East N/A N/A Feather River
West Very Low Density Residential VLDR Vacant
L. Project Description:
The applicants are requesting a Tentative Parcel Map to subdivide a 4.70 acre parcel into 2 lots: 2.57 acres (Parcel 1) and 2.13 acres (Parcel 2) in size. The subject property is developed with two single-family homes and accessory buildings. Each home has water and sewer services provided by the Thermalito Water and
Sewer District. The division would result in a single-family home being located on each resultant lot. Both resultant lots would have direct access from Middlehoff Lane, a County-maintained road. Access to the homes would be provided by a shared gravel driveway. No subdivision improvements are proposed.
Division of the project site would create one additional developable lot situated in the VLDR zone district. The purpose of the VLDR zone is to allow for single-family homes and related uses in residential neighborhoods within the county. Permitted residential uses in the VLDR zones include single-family
homes, small residential care homes, second units, animal grazing, on-site agricultural product sales, and
private stables. The VLDR zone also conditionally permits non-residential uses compatible with a residential setting, including public and quasi-public uses, golf courses, park and recreational facilities, personal services, animal keeping, large residential care homes, and medical offices and clinics. The
minimum permitted parcel size in the VLDR zone is 1 acre.
Exception Request
Middlehoff Lane presently exceeds the maximum permissible length for cul-de-sac streets (dead-end road), as
defined in Butte County Code §20-133, Cul-de-sac streets. The maximum length of dead-end roads is determined by the minimum parcel size specified by the applicable zoning of the parcels served solely by the dead-end road. Based on the zoning of the project area, the maximum permissible length of the Middlehoff
Lane is 1,320 feet. In the event a parent parcel is served by a dead-end road that exceeds the maximum permissible length, additional subdivisions of the parent parcel is not allowed unless a secondary access to the parcel is created, the length of the dead-end road is reduced (typically, with the creation of another road), or an
exception to the standard is granted by the Butte County Public Works Department.
Exceptions to the standard for cul-de-sac streets may be granted when all the following circumstances apply (Butte County Code §20-133(e)):
• The exception has concurrence from the Butte County Fire Department/CalFire, and measures have been incorporated into the approval of the tentative map or parcel map to reduce fire hazard in a
manner that has the same practical effect as limiting the length of a cul-de-sac street;
• The exception would apply only when the resulting parcels after subdivision are five (5) gross acres or more in size, or when resulting parcels are similar in size and nature to surrounding parcels;
• The exception may not be applied within the TPZ, TM or FR zoning districts.
The applicant is proposing to restrict future subdivisions and the development of additional residential uses on
the resultant lots until such time as an additional roadway is constructed off Middlehoff Lane that would reduce the cul-de-sac length to, or below, the length allowed under BCC §20-133. Additionally, the resultant lots are
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similar in the size and nature as the existing lots in the surrounding area, which are zoned VLDR and are
between 0.5 and 4.0 acres in size.
M. Public Agency Approvals:
Butte County Zoning Administrator Butte County Public Works Department
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Evaluation of Environmental Impacts:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the
information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to
projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not
expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as
well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then, the checklist answers
must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be
significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant
Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-
referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of
and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the
extent to which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in
whatever format is selected.
9) The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and
b) The mitigation measure identified, if any, to reduce the impact to less than significance
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4.0 ENVIRONMENTAL IMPACTS
4.1 Aesthetic/Visual Resources:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
a. Have a substantial adverse effect on a scenic vista?
b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
c. Substantially degrade the existing visual character or quality of the site and its surroundings?
d. Create a new source of substantial light or glare
which would adversely affect day or nighttime views in the area?
Setting:
The project area is characterized as medium-sized, single-family residential parcels situated in the Thermalito valley
region of Butte County. The topography of the project area is gentle and flat, with elevations ranging from 60 to
200 feet above mean sea level. The level topography of the project area contributes to an open and uniform visual character, with natural waterways, canals, and associated levees, providing the most dominate landscape features. Natural vegetation in the area consists of valley grasslands, valley oak woodlands, and farmlands. The most
prominent human-made features are the scattered rural residences, farm structures, roads, utility lines, as well as the urban and suburban landscapes surrounding the Oroville area. From the open valley area, the most prominent scenic views are to distant features such as the Sutter Buttes to the south, the Coast Ranges to the west, and the county’s
eastern foothills, including Table Mountain.
Impact Discussion:
a.) Less than significant impact. The location of the project site within the Thermalito area would make it
visible from various vantage points from other portions of the valley and foothill regions of the county, including along Middlehoff Lane and Feather River. Due to the project site’s visual exposure to these surrounding areas, future development of the project site could potentially result in adversely affected scenic vistas. However, because the residential uses allowed on the project site is consistent with the
established visual character and density of the project area, the proposed project would not result in significantly affected scenic vistas, nor have a demonstrable negative aesthetic effect.
b.) Less than significant impact. No improvements are proposed that could result in the damage or degradation of existing features on or near the project site. Developments on the resultant parcels are anticipated to be consistent with the residential character of the project area. Additionally, the project site is not located along a State or County scenic highway.
c.) Less than significant impact. Development on the resultant parcels would be consistent with the residential zoning designation of the project area. These uses, and the low density of the resultant parcels,
would be consistent with the character and quality of the project site and surrounding area.
d.) Less than significant impact. Outdoor lighting for safety and security could potentially be added to existing structures on the resultant parcels. The proposed low density development would help minimize ordinary nighttime lighting impacts to adjacent areas. Additionally, Chapter 24, Article 14 of Butte County
Code requires that all outdoor lighting in residential areas be located, adequately shielded, and directed such that no direct light falls outside the property perimeter, or into the public right-of-way. As a result, the proposed project would not create new sources of substantial lighting or glare that would generate a
significant impact.
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Mitigation Measure: None required.
4.2 Agriculture Resources:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
b. Conflict with existing zoning for agricultural use, or
a Williamson Act Contract?
c. Conflict with existing zoning for, or cause rezoning
of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government Code section 51104(g))?
d. Result in the loss of forest land or conversion of forest land to non-forest use?
e. Involve other changes in the existing environment
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
Setting:
The project site is developed land situated in the VLDR zone district, and the Land Use Element Map of the Butte
County General Plan designates the project site as Very Low Density Residential (VLDR). This land use designation is primarily for single-family homes, on lots sizes with a minimum parcel size of 1 acre. The VLDR
zone also allows for some limited agricultural uses including crop cultivation, animal grazing, private stables, as well as roadside stands for the sale of agricultural products grown on the property.
Important Farmland
To characterize the environmental baseline for agricultural resources, Important Farmland Maps produced by the
California Department of Conservation’s Farmland Mapping and Monitoring Program (FMMP) were reviewed. Important Farmland maps show categories of Prime Farmland, Farmland of Statewide Importance, Unique
Farmland, Farmland of Local Importance (if adopted by the county), Grazing Land, Urban and Built-up Land, Other Land, and Water. Prime Farmland and Farmland of Statewide Importance map categories are based on qualifying
soil types, as determined by the U.S. Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), as well as current land use. These map categories are defined by the Department of Conservation’s FMMP
as follows:
Prime Farmland: Land which has the best combination of physical and chemical characteristics for the
production of crops. It has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops when treated and managed, including water management, according to
current farming methods.
Farmland of Statewide Importance: Land that is similar to Prime Farmland but with minor
shortcomings, such as greater slopes or less ability to hold and store moisture.
Unique Farmland: Land of lesser quality soils used for the production of specific high economic value
crops. It has the special combination of soil quality, location, growing season, and moisture supply needed
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to produce sustained high quality or high yields of a specific crop when treated and managed according to
current farming methods. It is usually irrigated, but may include non-irrigated orchards or vineyards as
found in some climatic zones in California. Examples of crops include oranges, olives, avocados, rice, grapes, and cut flowers.
Farmland of Local Importance: Land of importance to the local agricultural economy, as determined by
each county’s board of supervisors and local advisory committees. Examples include dairies, dryland farming, aquaculture, and uncultivated areas with soils qualifying for Prime Farmland and Farmland of Statewide Importance. Butte County has not adopted a definition of Farmland of Local Importance.
Grazing Land: Land on which the existing vegetation, whether grown naturally or through management, is suitable for grazing or browsing of livestock.
Urban and Built-up Land: Land used for residential, industrial, commercial, construction, institutional,
public administrative purpose, railroad yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment plants, water control structures, and other development purposes. Highways, railroads, and other transportation facilities are also included in this category.
Other Land: 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.
Water: Water areas with an extent of at least 40 acres.
The project site and surrounding area is identified as containing lands classified as Other Land.
Williamson Act
The California Land Conservation Act of 1965, commonly known as the Williamson Act, was established based on
numerous State legislative findings regarding the importance of agricultural lands in an urbanizing society. Policies
emanating from those findings include those that discourage premature and unnecessary conversion of agricultural land to urban uses and discourage discontinuous urban development patterns, which unnecessarily increase the costs of community services to community residents. The Williamson Act authorizes each County to establish an
agricultural preserve. Land that is within the agricultural preserve is eligible to be placed under a contract between the property owner and County that would restrict the use of the land to agriculture in exchange for a tax assessment that is based on the yearly production yield. The contracts have a 9-year term that is automatically renewed each
year, unless the property owner or county requests a non-renewal or the contract is cancelled. The project site and surrounding areas are not encumbered by a Williamson Act contract.
Agricultural Buffer Guidelines
The Butte County Zoning Ordinance (Section 24-81 et seq.) requires a 300-foot buffer between agricultural and non-
agricultural uses. To implement this requirement, and to provide guidance regarding requests for a determination of unusual circumstances, Butte County has prepared Agricultural/Residential Buffer Implementation Guidelines. The
buffer must physically separate agricultural and residential uses to help minimize potential conflicts. The County may make a determination of unusual circumstances based on criteria outlined in the Guidelines, in which case the buffer may take other forms or be of a lesser distance.
Impact Discussion:
a.) No Impact. The project site is not designated as Important Farmland in the Farmland Mapping and
Monitoring Program. Therefore, the proposed project would not result in the conversion of Important Farmland to a non-agricultural use.
b.) No impact. The project site is zoned for residential uses with limited agricultural uses including crop cultivation, animal grazing, and private stables. The proposed project would not result in a change to the
current zoning designation of the property, and the project site would continue to allow for limited agricultural uses. The project site is not restricted by a Williamson Act contract.
c.) No impact. The project site is not located in a timber resource zoning category such as Timber Mountain (TM), Timber Production (TPZ), or Resource Conservation (RC). The project site is also not classified as
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forest land, pursuant to California Public Resources Code Section 12220(g), because the project site cannot
support 10 percent native tree cover. Therefore, the proposed project would not conflict with, or cause the
rezoning of, a timber resource zoning designation.
d.) No impact. The project site is not classified as forest land, and therefore, the proposed project would not result in loss or conversion of forest land to a non-forest use.
e.) No impact. No State-designated Important Farmlands are located in the vicinity of the project site, which could result in its conversion from activities associated with the proposed project. The proposed project could ultimately facilitate additional development on the resultant parcels. Future development on the
resultant parcels would be consistent with the uses allowed on the project site and surrounding area and would not cause significant impacts to area agricultural operations.
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
a. Conflict with or obstruct implementation of the applicable air quality plan?
b. Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
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)?
d. Expose sensitive receptors to substantial pollutant concentrations?
e. Create objectionable odors affecting a substantial number of people?
Setting:
The proposed project is located in the Northern Sacramento Valley Air Basin (NSVAB). The NSVAB is bounded on
the north by the Cascade Range, on the south by the Greater Sacramento Air Region and San Joaquin Valley Air Basin, on the east by the Sierra Nevada, and on the west by the Coast Range. High temperatures and low humidity, with prevailing winds from the south, characterize summer conditions. Occasional rainstorms, interspersed with
stagnant and sometimes foggy weather, characterize winter conditions. Southern winds continue to predominate during the winter. Two types of inversion occur in the NSVAB: 1) during the summer sinking air forms a lid over the region contributing to photochemical smog and 2) air cools next to the ground while air aloft remains warm
causing poor dispersion of ground level pollutant emissions.
The region’s air pollution management is guided by the Basin’s 2003 Air Quality Attainment Plan and includes a number of feasible control measures. Butte County, under the auspices of the Butte County Air Quality
Management District (BCAQMD), has adopted some, but not all, of these measures.
The NSVAB is subject to federal, state, and local regulations. The NSVAB is designated nonattainment for PM10, (particulate matter less than 10 microns in diameter), PM2.5 (particulate matter less than 2.5 microns in diameter)
and ozone (ROG and NOX), by the federal Environmental Protection Agency (EPA) and the California Air
Resources Board (CARB).
The CARB prepares and submits to the EPA a State Implementation Plan explaining how the state will attain
compliance with Federal clean air standards. The NSVAB adopted an updated Air Quality Attainment Plan in 2004 as its component of the State Implementation Plan. Among other policies, the Air Quality Attainment Plan called
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for the preparation and implementation of Indirect Source Review Guidelines (Guidelines). The intent of the
Guidelines is to facilitate incorporation of features and mitigations early in the planning process, rather than later
during the formal environmental review process when it may be too late or too expensive to incorporate the District’s recommended mitigation measures.
The BCAQMD also released the CEQA Air Quality Handbook: Guidelines for Assessing Air Quality Impacts for
projects subject to CEQA Review (CEQA Handbook), which was approved January 24, 2008. The document establishes thresholds of significance for projects based on project size and/or projected emissions. The thresholds were analyzed for conformance with CEQA Guidelines §15382. The districts four categories of evaluation are:
1. Comparison of calculated project emissions to the Districts emission thresholds;
2. Consistency with the most recent Air Quality Attainment Plan (AQAP) for Butte County;
3. Comparison of predicted ambient pollutant concentrations resulting from the project to State and Federal
health standards, where applicable; and
4. The evaluation of special conditions which apply to certain projects, such as public exposure to toxic air contaminants.
Table 4.3-1, below, lists the thresholds of significant for critical pollutants of concern, and the environmental document type, as determined by the CEQA Air Quality Handbook provided by the BCAQMD.
Table 4.3-1: Thresholds of Significance for Critical Pollutants of Concern
Pollutant Level A Level B Level C
NOx ≤25 lbs/day >25 lbs/day >137 lbs/day
ROG ≤25 lbs/day >25 lbs/day >137 lbs/day
PM10 ≤80 lbs/day >80 lbs/day >137 lbs/day
Level of Significance Potentially Significant impacts Potentially Significant Impacts Significant Impacts
Environmental Document Mitigated Negative
Declaration (MND) or ND Mitigated ND or EIR EIR
Source: Table 2.1 of the BCAQMD CEQA Air Quality Handbook
Impact Discussion:
a.) Less than significant impact. A project is deemed inconsistent with air quality plans if it would result in population and/or employment growth that exceeds growth estimates included in the applicable air quality plan, which, in turn, would generate emission not accounted for in the applicable air quality plan emissions budget. Therefore, proposed projects need to be evaluated to determine whether they would generate
population and employment growth and, if so, whether that growth would exceed the growth rates included in the relevant air plans.
The proposed project could result in minor population growth the county. However, the proposed project is
consistent with the established zoning, and population growth to the area has already been anticipated for. Additionally, Table 4.3-1 (Thresholds of Significance for Critical Pollutants of Concern) lists the established thresholds based on land use, corresponding to the Level A, B, and C pollutant levels. The
threshold for a single family residential project is 120 units. This project has the potential for only a minor amount of new residential units, resulting in a “Level A” threshold of significance. Standard mitigation measures guidelines for “Level A” are in Section 5 of the CEQA Handbook. Due to the limited population growth created by the proposed project, and the project’s consistency with established zoning, the project
will not conflict with or obstruct the air quality plan.
b.) Less than significant impact with mitigation incorporated. The proposed project has the potential to
impact air quality primarily in two ways: (1) the project would generate mobile source emissions associated with future development on the resultant parcels, and (2) fugitive dust (particulate/PM10) and construction
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exhaust emissions would be generated during construction activities associated with future development on
the resultant parcels.
Mobile source emissions are produced from motor vehicles, and include tailpipe and evaporative emissions. No development is proposed with this project; however, future development of the resultant parcels has the potential to generate additional motor vehicle trips. Emissions generated from potential on-road vehicles
are not expected to be substantial, and would not significantly violate existing air quality standards, because only a limited amount development would occur over the project site.
Construction-related emissions are generally created throughout the course of project implementation and
parcel development, and would originate from construction equipment exhaust, employee vehicle exhaust, dust from grading the land, exposed soil eroded by wind, and ROGs from architectural coating and asphalt paving. Construction-related emissions would vary substantially depending on the level of activity, length
of the construction period, specific construction operations, types of equipment, number of personnel, wind
and precipitation conditions, and soil moisture content. Despite this variability in project site conditions, experience has shown that there are a number of feasible control measures that can be reasonably
implemented to significantly reduce fugitive dust emissions from construction activities to a less than significant level.
No construction activities would be performed during project implementation. However, future development of the resultant parcels would generate fugitive dust emission during construction activities.
To ensure effective and comprehensive control measures for fugitive dust emission are implemented
during future construction activities, Mitigation Measure #1, listed below, is recommended.
The primary construction exhaust emissions generated by diesel-powered heavy equipment during construction activities include Nitrogen Oxide (NOx) and Volatile Organic Compounds (VOCs). When these emissions interact with sunlight in the atmosphere, they tend to break-down forming ozone or
photochemical smog, and are known as ozone precursor emissions. The proposed project is expected to generate additional NOx and VOCs during future construction activities. However, adherence to CARB
rules for off-road vehicle emission control would ensure that the emissions generated by construction activities would be less than significant.
c.) Less than significant impact with mitigation incorporated. Based on the information provided in section b.), above, the proposed project would not result in the violation of any air quality standards or contribute
substantially to an existing or projected air quality violation, except for potential fugitive dust emission during construction activities.
Fugitive dust emissions generated during construction has the potential to contribute cumulatively to the region’s non-attainment of PM10 and PM2.5 emissions. Implementation of Mitigation Measure #1 would
reduce potential cumulative fugitive dust emission impacts to a less than significant level.
d.) Less than significant impact with mitigation incorporated. Several homes are located within ¼ mile of
the project site. Construction activities would generate emissions of criteria pollutants, including suspended and inhalable particulate matter and equipment exhaust emissions. These emissions could expose nearby sensitive receptors to pollutants concentrations.
Implementation of Mitigation Measure #1 would reduce impacts of construction-related fugitive dust
emissions. Additionally, because impacts related to equipment exhaust emissions would not exceed the significance thresholds recommended by BCAPMD, and because construction activities of future
development would likely be short in duration, impacts to sensitive receptors would be less than significant.
e.) Less than significant impact. Future residential uses on the resultant parcels would not create objectionable odors. However, future construction activities on the resultant parcels could include objectionable odors from tailpipe diesel emissions and from solvents in adhesives, paints, caulking
materials, and new asphalt. Since odor impacts would be temporary and limited to the area adjacent to the construction operations, and because the project site is located in a low-density area of the county, odors would not impact a substantial number of people for an extended period of time.
Mitigation Measure #1
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Place a note on a separate document which is to be recorded concurrently with the map or on an additional map
sheet that states: “Dust generated by the development activities shall be kept to a minimum and retained on-site.
Follow the air quality control measures listed below:
Control Dust a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or
sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day’s activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement
damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust
generation.
d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered.
f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. g. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust.
Post Contact Information
h. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This
person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District (530) 332-9400) shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions).
Other Construction Practices i. Maintain all construction equipment in proper tune according to manufacturer’s specification.
j. Where feasible, give preference to utilizing the following equipment:
• Electric equipment
• Substitute gasoline-powered for diesel-powered equipment
• Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel.
• Equipment that has Caterpillar pre-chamber diesel engines, as practical.
• Diesel construction equipment meeting the CARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines.
k. Construction workers shall park in designated parking area(s) to help reduce dust emissions.”
Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the
map or on an additional map sheet. This note shall also be placed on all building and site development plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an
additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints.
4.4 Biological Resources:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
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
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Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
regulations, or by the California 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?
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)?
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?
e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance?
f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
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?
h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles,
amphibians, fish or invertebrates)?
i. A deterioration of existing fish or wildlife habitat (for foraging, breeding, roosting, nesting, etc.)?
j. Introduction of barriers to movement of any resident or migratory fish or wildlife species?
k. Introduction of any factors (light, fencing, noise,
human presence and/or domestic animals) which could hinder the normal activities of wildlife?
Setting:
The project site is located in the valley region of Thermalito, adjacent to the City of Oroville. The 4.70 acre property is developed with an existing single-family residence, with a second residence in the process of being
constructed. Both residences are situated on the rear half of the lot. The majority of the project site has a habitat type classified as Annual Grassland. A smaller portion of the project site backs into Feather River, and is classified
as Riparian Woodland.
Annual Grassland
Annual grasslands are typically dominated by nonnative annual grasses with intermixed annual and perennial forbs, including wild oat, ripgut brome, soft chess fescue, clover, wild mustard, and wild radish. This habitat is used by
many wildlife species for foraging. Some of these species may also breed in this habitat if special habitat features such as cliffs, caves, ponds, or woody plants are available for breeding or resting or as escape cover. Retiles that
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breed in annual grassland habitats include western fence lizards, common garter snake, and western rattlesnakes.
Grasslands also provide foraging habitat for wide-ranging species such as red-tail hawk, turkey vulture, American
kestrel, and northern harrier. Mammals typically found in this habitat include California vole, western harvest mouse, California ground squirrel, black-tailed jackrabbit, and coyote.
Riparian Woodland
Riparian woodland habitat are typically dominated by a mixture of trees and shrubs, including Fremont cottonwood, valley oak, Oregon ash, Himalayan blackberry, and a variety of willows. Due to the diverse array of established vegetation, riparian forest provides high-value habitat for wildlife, including several special-status species. Riparian
forest habitat provides food, water, and migration and dispersal corridors, as well as escape, nesting, and thermal cover for many wildlife species. Invertebrates, amphibians, and aquatic reptiles live in aquatic and adjacent upland habitats. Raptors, herons, egrets, and other bird nest in the upper canopy. Various songbirds use the shrub canopy,
and cavity-nesting birds, such as Nuttall’s woodpecker and oak titmouse, occupy dying trees and snags. Several
mammals, including raccoons, Virginia opossum, and striped skunks are common in riparian habitats.
Jurisdictional Waters of the United States, including Wetlands
Waters of the United States (U.S.), including wetlands, are broadly defined to include navigable waterways, and tributaries of navigable waterways, and adjacent wetlands. Although definitions vary to some degree, wetlands are generally considered to be areas that are periodically or permanently inundated by surface water or groundwater, supporting vegetation adapted to life in saturated soil. Jurisdictional wetlands are vegetated areas that meet specific
vegetation, soil, and hydrologic criteria defined by the U.S. Army Corps of Engineers (USACE). The USACE holds sole authority to determine the jurisdictional status of waters of the U.S., including wetlands. Jurisdictional
wetlands and Waters of the U.S. include, but are not limited to, perennial and intermittent creeks and drainages, lakes, seeps, and springs; emergent marshes; riparian wetlands; and seasonal wetlands. Wetland and waters of the U.S. provide critical habitat components, such as nest sites and reliable source of water for a wide variety of wildlife species.
Aquatic features on the project site include ephemeral drainages and Feather River. Feather River is designated as a Waters of the United States. Only a portion of Feather River is located within the project site, over the easterly 30 feet of the project site.
Special-Status Species
Many species of plants and animals within the State of California have low populations, limited distributions, or both. Such species may be considered “rare” and are vulnerable to extirpation as the state’s human population grows and the
habitats these species occupy are converted to agricultural and urban uses. A sizable number of native species and animals have been formally designated as threatened or endangered under State and Federal endangered species legislation. Others have been designated as “Candidates” for such listing and the California Department of Fish and Wildlife (CDFW) have designated others as “Species of Special Concern”. The California Native Plant Society (CNPS)
has developed its own lists of native plants considered rare, threatened or endangered. Collectively, these plants and animals are referred to as “special status species.”
Various direct and indirect impacts to biological resources may result from the small amount of development enabled by the project, including the loss and/or alteration of existing undeveloped open space that may serve as habitat. Increased
vehicle trips to and from the project site can result in wildlife mortality and disruption of movement patterns within and through the project vicinity. Disturbances such as predation by pets (e.g., cats and dogs) and human residents may also
occur at the human/open space interface, while conversion of land from lower to higher density residential use can lead to a predominance of various urban-adapted wildlife species (e.g., coyotes, raccoons, ravens and blackbirds) that have
been observed to displace more sensitive species.
California Environmental Quality Act Guidelines Section 15065 requires a mandatory finding of significance for
projects that have the potential to substantially degrade or reduce the habitat of a threatened or endangered species, and to fully disclose and mitigate impacts to special status resources. For the purposes of this Initial Study, the California
Environmental Quality Act (Sections 21083 and 21087, Public Resources Code) defines mitigation as measure(s) that:
• Avoids the impact altogether by not taking a certain action or parts of an action.
• Minimizes impacts by limiting the degree or magnitude of the action and its implementation.
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• Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment.
• Reduces or eliminates the impact over time by preservation and maintenance operations during the life of
the project.
• Compensates for the impact by replacing or providing substitute resources or environments.
The California Natural Diversity Database (CNDDB) was reviewed to determine if any special-status species have the potential to occur on the project site. The search consisted of obtaining all listed species within two miles of the
project site, then eliminating the listed species that do not have habitats located within the project site and species that are presumed to be extinct. Table 4.4-2 lists the regulatory status and habitat requirements for each special-
status species identified as having the potential to being located within the project site.
Table 4.4-2 Federal and State-Listed Species in the vicinity of the Project Site
Scientific Name Common Name Federal Status State Status CNPS List
Lepidurus packardi vernal pool tadpole shrimp Endangered None
Branchinecta lynchi vernal pool fairy shrimp Threatened None
Oncorhynchus tshawytscha chinook salmon - Central Valley
Spring
Threatened Threatened
Oncorhynchus mykiss irideus steelhead - Central Valley Threatened Threatened
Lasionycteris noctovagans silver-haired bat None None SSC
MAMMALS
INVERTEBRATES
Source: California Natural Diversity Database Version 5.13.26 / Butte Regional Conservation Plan, December 2012 Draft
FISH
Impact Discussion:
a.) Less than significant impact with mitigation incorporated. Historic use of the project site for urban and
agricultural development has resulted in habitat fragmentation, degradation of natural hydrology, and the introduction of non-native species, which have diminished the habitat value of the vegetative communities
on the project site, and its ability to support special-status species. Nevertheless, the riparian woodland habitat on the project site, along Feather River, is considered a sensitive natural community and should be
given special consideration because it provides several important ecological functions, including streambank stabilization, water quality maintenance, and is essential habitat for wildlife and fisheries
resources, including many special-status species.
Future development on the resultant lots may lead to small-scale direct and indirect impacts to biological
resources in, and around, the project site. To ensure that future uses and structures on the project site do not significantly impact sensitive species and their habitat, Mitigation Measure #2 is recommended to
protect on-site riparian habitat.
b.) Less than significant impact with mitigation incorporated. See discussion 4.4(a) – Biological Resources.
The project site is known to contain riparian woodland habitat, which is considered a sensitive natural community. Implementation of Mitigation Measure #2 would ensure that future uses and development on
the project site would not significantly impact sensitive biological resources.
c.) Less than significant impact with mitigation incorporated. Feather River is identified as a Water of the
United States. Subsequent development on the on the resultant lots has the potential to discharge sediment into Feather River, impacting the navigation of this waterway. A measure to restrict future development within 50
feet of the river channel is recommended with Mitigation Measure #2. Additionally, site-specific erosion control and surface water protection practices to reduce sediment-laden runoff into area waterways would be
implemented during building development. Application of these best management practices during construction activities, as well as implementation of Mitigation Measure #2 would ensure water quality
impacts to area waterways are less than significant.
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d.) Less than significant impact with mitigation incorporated. A portion of the project site is located within
the Feather River floodway, which includes riparian habitat known to support area wildlife, including their
movement. Subsequent development of the resultant parcels could result in adding disturbances to the project site including habitat modification, predation by pets, and human interference of wildlife. To minimize potential impacts to the movement of area wildlife, Mitigation Measure #2 is recommended.
This measure would assist in maintaining riparian habitat on the project site, and preventing its premature destruction.
e.) Less than significant impact with mitigation incorporated. A limited amount of trees are located on the
project site, and no tree removal is proposed with the proposed project. Future development on the resultant parcels may necessitate removal of some trees. However, due to the limited development potential of the parcel, any tree removal would be minor. To ensure that future building site development does not result in
significant impacts to oak trees located on the project site, Mitigation Measure #3 is recommended.
f.) No impact. The Butte Regional Conservation Plan (BRCP) is a joint Habitat Conservation Plan (HCP)/National Community Conservation Plan (NCCP) that is currently being prepared for the western
half of the Butte County, and is scheduled to be completed in 2015. The project site is located within the proposed plan area of the BRCP. However, as the plan has not been adopted, the proposed project will not conflict, nor interfere with, the attainment of the goals of the proposed plan. Regardless, the small scale of this project would not be expected to have significant impacts upon sensitive biological resources that
would require mitigation under the future habitat conservation plan.
g.) Less than significant impact. See discussion 4.4(a) – Biological Resources. Due to the limited
development potential of the proposed project, as well as the minor amount of disturbance associated with the placement of a new development, less than significant impacts to critical habitats on the project site are
anticipated.
h.) Less than significant impact. See discussion 4.4(a) – Biological Resources.
i.) Less than significant impact with mitigation incorporated. A portion of the project site is identified as being located within the floodway of Feather River, which is known to support a diverse assemblage of native and non-native fish and wildlife species including fall-run Chinook salmon, spring-run Chinook
salmon, steelhead, and many others. The proposed project would not result in any disturbances that would
impact fish and wildlife species of Feather River. However, future development of the resultant parcels could cause disturbances of riparian vegetation and discharge of sediments into the waterway that could
potential affect water quality and fish and wildlife populations. Implementation of Mitigation Measure #2, together with implementation of site-specific erosion control measures during future construction, would ensure that impacts are less than significant.
j.) Less than significant impact with mitigation incorporated. Introduction of new lighting, fencing, noise,
human presence and/or domestic animals on the resultant parcels may potentially hinder normal activities of area wildlife due to the presence of riparian habitat on the project site, which is a sensitive natural
community known to support wildlife species by providing cover, foraging and nesting functions. Future placement of fencing or other barriers within or adjacent to riparian habitat may restrict the movement of
wildlife species. Implementation of Mitigation Measure #2 would create a non-development buffer around the riparian habitat, thus maintaining the value of this habitat.
k.) Less than significant impact with mitigation incorporated. See discussion 4.4(j) – Biological Resources.
Mitigation Measure #2: A riparian buffer area shall be established along that portion of Feather River located within the project site.
Riparian buffer areas shall extend landward, 50 feet from the ordinary high water mark along the river channel. The riparian buffer area shall be delineated on an additional Notation and Disclosure Sheet for the Parcel Map, to be
recorded as a condition of project approval. A notation shall accompany the designated riparian buffer area that states: “Only development and activities allowed pursuant to Butte County Code Section 24-76 et seq. shall occur
within the Riparian Buffer Area. Additional permits may be required from the Butte County Development Services Department, prior to construction of any structures or establishment of any uses or activities within the Riparian Buffer Area.”
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Plan Requirements: The riparian buffer area and notation shall be placed on an additional Notation and Disclosure
Sheet for the Parcel Map or on a separate document recorded concurrently with the Parcel Map.
Timing: Requirements of the condition shall be satisfied prior to recordation of the map. This measure shall be implemented during site preparation, issuance of development permits, and construction.
Monitoring: The Butte County Department of Development Services and Public Works Department shall ensure
that the building envelope and notation is placed on an additional Notation and Disclosure Sheet of the Parcel Map, or on a separate document to be recorded concurrently with the Parcel Map. The Planning Division shall ensure compliance through the permit review process, and through routine inspections of the site.
Mitigation Measure #3 Prior to any development activity 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
Zoning Administrator 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 one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation.
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 Zoning Administrator. 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;
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 Zoning Administrator.
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
grading, building, septic, or well permit, or the approval of any improvement plans on the parcels, which will result in removing or encroaching upon oak trees on the project site.
Monitoring: At the time of septic, well, or building permit application, the Development Services Department will
reference this requirement on any grading, building, septic, or well permit site plans and verify that either Oak Trees 5 inches or more in diameter at breast height are avoided or an Oak Tree Mitigation Plan has been submitted to and approved by the Zoning Administrator. Butte County building inspectors shall ensure compliance on-site.
4.5 Cultural Resources:
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Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
a. Cause a substantial adverse change in the significance
of a historical resource as defined in §15064.5?
b. Cause a substantial adverse change in the significance of
an archaeological resource pursuant to §15064.5?
c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
d. Disturb any human remains, including those interred outside of formal cemeteries?
Setting:
Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls,
water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human-made site, object (i.e., artifact), or feature that defines and illuminates our past. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water.
Impact Discussion:
a-d.) Less than significant impact with mitigations incorporated. The project site is located adjacent to the Feather River, which increases the potential for cultural resources to be present. However, the resultant lots
are both currently developed with single-family homes, and future second dwelling development on the project site is restricted until access issues are resolved. Though second dwelling development is restricted, future property owners may continue to construct accessory structures that could result the discovery of artifacts located below the surface. To prevent impacts to cultural resources that may be uncovered during
development activities on the project site, Mitigation Measure #4, below, is recommended.
Mitigation Measure #4 Place a note on a separate document which is to be recorded concurrently with the Parcel Map or on an additional map sheet that states: “Should grading activities reveal the presence of prehistoric or historic cultural resources (i.e. artifact concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.; structural remains; human skeletal remains) work within 50 feet of the find shall immediately cease until a qualified
professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner
((530) 538-6579). Should the County Coroner determine that the remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State Law, to arrange for Native American participation in determining the disposition of such remains.” The provisions of this note shall be followed during construction of all subdivision improvements, including land clearing, road
construction, utility installation, and building site development.
Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with
the map or on an additional map sheet and shall be shown on all site development and building plans.
Timing: This measure shall be implemented during all site preparation and construction activities.
Monitoring: The Department of Development Services and/or Public Works Department shall ensure the note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet.
Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. State law requires the reporting of any human
remains.
4.6 Geologic Processes:
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Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
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?
b. Result in substantial soil erosion or the loss of topsoil?
c. Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating
substantial risks to life or property?
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?
Settings
Geologic Hazards
Expansive Soils
Expansive soils possess a “shrink-swell” behavior. Shrink-swell is the cyclic change in volume (expansion and contraction) that occurs in fine-grained clay sediments from the process of wetting and drying. Structural damage may
occur over a long period of time, usually the result of inadequate soil and foundation engineering or the placement of structures directly on expansive soils. The Health and Safety Element of the Butte County General Plan identifies the
project site as having a moderate potential of expansive soils.
Soil Erosion
Erosion is the wearing away of soil and rock by processes such as wind and precipitation runoff. Soils containing high amounts of silt or clay can be easily erodible, while sandy soils are less susceptible. Excessive soil erosion can
eventually lead to damage of building foundations and roadways. Typically, soil erosion potential is reduced once the soil is graded and covered with gravel, concrete, structures, asphalt, or a vegetative cover. The Health and Safety
Element of the Butte County General Plan identifies the project site as having a slight potential for soil erosion.
Landslides
A landslide is the sliding of a mass of loosened rock and/or soil down a hillside or slope. Some of the natural causes of this instability are earthquakes, weak soils, erosion, heavy rainfall and fire. Human activities such as poor grading that
undercuts steep slopes or overloads them will fill; excessive irrigation and removal of vegetation can also contribute to
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landslides. Most landslides in Butte County occur on slopes greater than 15 percent, and most new landslides occur in
areas that have experience previous landslides. The areas of highest landslide potential are in the mountainous central
area of the county where well-developed soils overlay impervious bedrock on steep slopes. The remaining areas of Butte County has moderate to low landslide potential. The areas of lowest landslide potential are the flat lands of the Sacramento Valley. The Health and Safety Element of the Butte County General Plan identifies the project site as
having a generally low to moderate landslide potential.
Seismic Hazards
Surface Fault Rupture
Seismically induced ground rupture is defined as the physical displacement of surface deposits in response to movement on the fault place. The magnitude, sense, and nature of fault rupture can vary for different faults or event along different strands of the same fault. Ground rupture is considered more likely along active faults. The Cleveland Hills fault is the
only fault located within Butte County that has been identified as an active fault pursuant to the Alquist-Priolo
Earthquake Fault Zones Act. This fault was responsible for the 1975 Oroville earthquake, which had a Richter magnitude of 5.7 and produced surface displacement along approximately 2.2 miles of the fault. Other active and
potentially active faults are located in the region. However, because there are no known active faults underlying or adjacent to the project site, the likelihood of surface fault rupture is very low and would not be a design consideration.
Ground Shaking
Ground shaking at the project site could occur due to earthquakes on the regions active faults. However, ground motions
attenuate with distance from the causative fault, as well as the local geologic and soil conditions. The Seismic Hazards Mapping Program of the California Geological Survey categorizes all of Butte County as a “seismic hazard zone” since
the entire County is subject to earthquakes of Modified Mercalli Intensity scale VIII. The Oroville earthquake of 1975 is the only earthquake of this intensity recorded in Butte County. This earthquake resulted in structural damage, partial destruction of some buildings, fires and numerous injuries. Though it is accepted that earthquakes of magnitude 6.0 or 6.5 are possible anywhere in Butte County, the county is generally considered to be an area of low seismic activity.
Liquefaction
Liquefaction is a phenomenon whereby unconsolidated and/or near saturated soils lose cohesion and are converted to a fluid state as a result of sever vibratory motion. The relatively rapid loss of soil shear strength during strong earthquake
shaking results in the temporary fluid-like behavior of the soil. Soil liquefaction causes ground failure that can damage
roads, pipelines, underground cables, and building with shallow foundations. Liquefaction can occur in areas characterized by water-saturated, cohesionless, granular materials at depths less than 50 feet. Due to the relatively low
potential for strong ground motions and a general lack of significant deposits of saturated loose soils, such as alluvium, the liquefaction potential, if any, can be addressed in the design of future structures during the building permit review process.
Seiches
A seiche is a periodic oscillation of a body of water such as a reservoir, river, lake, harbor, or bay resulting from seismic shaking or other causes such as landslides into a body of water. The period of the oscillation varies depending on the
side of the body of water and may be several minutes to several hours. Depending on the magnitude of the oscillations, seiches can cause considerable damage to dams, levees and shoreline facilities. Seiches have not been recorded in any of the reservoirs in Butte County that are within the jurisdiction of the California Division of Dam Safety. However, the potential for seiches does exist in Butte County, either from landslides or from stronger earthquakes that have been
experienced in historical times.
Impact Discussion:
a1.) Less than significant impact. There are no known active faults underlying, or adjacent to, the project site.
The Cleveland Hill fault is located approximately 7.0± miles east of the project site. Because the nearest active fault is located a considerable distance from the project site, the likelihood of a surface rupture at the
project site is very low, and would not be a design consideration.
a2.) Less than significant impact. Ground shaking at the project site could occur due to the earthquake
potential of the regions active faults. However, active faults are relatively distant from the project site. As a result, ground shaking due to seismic events is expected to have low to moderate intensities at the project site. Future residential development on the resultant parcels would be subject to the California Building
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Code (CBC). The CBC would provide minimum standards to safeguard life or limb, health, property and
public welfare by regulating the controlling the design, construction, quality of materials, use and
occupancy, location, and maintenance of buildings and structures within Butte County. Among the provisions of the CBC are building design criteria for earthquake conditions in Butte County. Adherence to the CBC during building construction would ensure that potential impacts are less than significant.
a3.) Less than significant impact. The project site is identified as being located within an area considered ‘Generally Low to Moderate’ in respect to liquefaction potential. The California Building Code (CBC) regulates the construction of structures, which may be constructed with approval of the proposed project.
Adherence to CBC standards at the time of development of the resultant parcels would ensure that any impacts from an unstable geologic unit or soil are less than significant.
a4.) Less than significant impact. A field reconnaissance of the project site identified the presence of
landslides features located along river channel of Feather River, which has slopes of approximately 30
percent. Avoidance of potentially sensitive slopes and/or implementation of appropriate engineering and construction measures at the time of development would avoid or reduce potential impacts of landslides to
a less than significant level.
b.) Less than significant impact. Surface soil erosion and loss of topsoil has the potential to occur from disturbances associated with the construction-related activities. Construction activities could also result in soil compaction and wind erosion effects that could adversely affect soils and reduce the revegetation
potential at the construction site and staging areas.
During construction-related activities, specific erosion control and surface water protection methods for
each construction activity would be implemented on the project site. The type and number of measures implemented would be based upon location-specific attributes (i.e., slope, soil type, weather conditions). These control and protection measures, or BMPs, are standard in the construction industry and are commonly used to minimize soil erosion and water quality degradation.
Additionally, future construction activities may be subject to the National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land is disturbed. Construction activities that result in a land disturbance of less than one acre, but which are
part of a larger common plan of development, also require a permit. This program requires implementation
of erosion control measures during and immediately after construction that are designed to avoid significant erosion during the construction period. In addition, the project operation would be subject to State Water
Resources Control Board requirements for the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) to control pollution in stormwater runoff from the project site, including excessive erosion and sedimentation. The SWPPP, if required, must be obtained prior to any soil disturbance activities. Implementation of standard erosion control BMP’s during future construction-
related activities, together with adherence to State requirements regarding grading activities, would ensure that potential erosion impacts are less than significant.
c.) Less than significant impact. Destabilization of natural or constructed slopes could occur as a result of future construction activities. Excavations, grading, and fill operations associated with providing access to
the resultant parcels and during development could alter existing slope profiles making them unstable as a result of over-excavation of slope material, steepening of the slope, or increased loading. Standard
engineering design features and construction procedures would be implemented to maintain stable slopes and excavations during construction, reducing impacts of unstable slopes to a less than significant level.
d.) Less than significant impact. Expansive soils can cause structural damage particularly when concrete structures are in direct contact with the soils. Appropriate design features to address expansive soils may
include excavation of potentially problematic soils during construction and replacement with engineered backfill, ground-treatment processes, direction of surface water and drainage away from foundation soils,
and the use of deep foundations such as piers or piles. Implementation of these standard engineering methods would ensure that impacts associated with expansive soils would remain less than significant.
e.) No impact. Wastewater disposal on the project site would be handled by the Thermalito Water and Sewer District. Construction of an on-site septic system would not be required to provide wastewater disposal at the
project site.
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Mitigation Measure: None required.
4.7 Greenhouse Gas Emissions:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
b. Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emissions of greenhouse gases?
Setting:
The earth’s atmosphere naturally contains a number of gases, including (but not limited to) carbon dioxide (CO2),
methane (CH4), and nitrous oxide (N2O), which are collectively referred to as greenhouse gases (GHGs). GHG emissions are generally numerically depicted (when applicable) as carbon dioxide equivalents (CO2e). CO2e represents
CO2 plus the additional warming potential from CH4 and N2O. The common unit of measurement for carbon dioxide equivalents is in metric tons (MTCO2e).
These gases trap some amount of solar radiation and the earth’s own radiation, preventing it from passing through earth’s atmosphere and into space. GHG are vital to life on earth; without them, earth would be an icy planet. For example,
CO2 is an element that is essential to the cycle of life. In general, CH4 and N2O have 21 and 310 times the warming potential of CO2, respectively. Human-made emissions of GHG occur through the combustion of fuels, as well as a
variety of other sources.
Increasing GHG concentrations are believed to be warming the planet. As the average temperature of the earth increase,
weather may be affected, including changes in precipitation patterns, accumulation of snow pack, and intensity and duration of spring snowmelt. Climate zones may change, affecting the ecology and biological resources of a region.
There may also be changes in fire hazards due to the changes in precipitation and climate zones.
While scientists have established a connection between increasing GHG concentrations and increasing average
temperatures, important scientific questions remain about how much warming would occur, how fast it would occur, and how the warming would affect the rest of the climate system. At this point, scientific efforts are unable to quantify the
degree to which human activity impacts climate change. The phenomenon is worldwide, yet it is expected that there would be substantial regional and local variability in climate changes. It is not possible with today’s science to
determine the effects of global climate change in a specific locale, or whether the effect of one aspect of climate change may be counteracted by another aspect of climate change, or exacerbated by it.
A 2006 baseline GHG emission inventory was prepared for unincorporated Butte County. The inventory identified the sources and the amount of GHG emissions produced in the county. Within Butte County, the leading contributors of
GHG emissions are agriculture (43%), transportation (29%), and residential energy (17%).
A Climate Action Plan (CAP) was adopted by Butte County on February 25, 2014. The CAP provides a framework for
the County to reduce GHG emissions while simplifying the review process for new development. Measures and actions identified in the CAP lay the groundwork to achieve the adopted General Plan goals related to climate change, including
reducing GHG emissions to 1990 levels by 2020. In an effort to implement the measures of the CAP, a development checklist was created to evaluate a new projects consistency with the CAP, and to identify which GHG emission
reduction measures would be implemented with project approval.
Impact Discussion:
a.) Less than significant impact. The proposed project is a minor subdivision that would not contribute to the existing greenhouse gas inventory for Butte County. Future development of the resultant parcels; however,
would be a direct and indirect source of greenhouse gas emission, in that it would generate vehicle trips (mobile source emissions), increase energy consumption, and create greenhouse gas emissions from the
construction activities of future development. Nevertheless, GHG emissions generated from the future
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development of the resultant parcels would be of a limited scope and duration and would have a less than
significant impact on the environment.
b.) No Impact. The Butte County General Plan and Butte County Climate Action Plan establish numerous policies relative to greenhouse gases. The proposed subdivision would not generate greenhouse gas emissions; however, future development of the resultant parcels would increase GHG emissions, although
on a limited scale. Due to the limited development potential of the project site, the anticipated increase in emissions would not conflict with the applicable with policies adopted for the purpose of reducing GHG emissions.
4.8 Hazards and Hazardous Materials:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
a. Create a significant hazard to the public or the
environmental through the routine transport use, or disposal of hazardous materials?
b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
c. Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter mile of an existing or proposed schools?
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?
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?
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?
g. Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation plan?
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?
Settings
Airports
Air transportation in Butte County is served by a number of private and public airfields and heliports serving general aviation and agricultural users. There are four major aviation facilities in Butte County that serve the general public.
The Oroville Municipal Airport is the nearest general aviation airport to the project site. It is located approximately 1.7 miles northeast from the project site, and is located in Compatibility Zone D. The airport is owned and operated
by the City of Oroville. Facilities include two runways of 6,000 feet and 3,540 feet long, and parking spaces for approximately 165 aircraft.
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Wildland Fire Conditions
The combination of highly flammable fuel, long dry summers and steep slopes creates a natural hazard of wildland fires
in many areas of Butte County. Wildland fires can result in death, injury, economic losses, and a large public investment in firefighting efforts. Woodland and other natural vegetation can also be destroyed during wildfires, resulting in the loss of timber, wildlife habitat, scenic quality, and recreation. Areas in the county that are particularly susceptible to wildland
fires largely contain dense vegetation and steep slopes, which aide in the spread of fire. These areas have been designated as Fire Hazard Severity Zones by the State Department of Forestry and Fire Protection (CalFire), and generally include the foothill and mountainous regions of Butte County.
Fire protection services for unincorporated Butte County are generally provided by the Butte County Fire Department (BCFD) and the California Department of Forestry and Fire Protection (CalFire), with CalFire having fiscal responsibility for preventing and suppressing wildfires. Due to the heightened risk of wildfires and the increased
potential for damage or loss in certain areas of the county, CalFire has designated these areas as State Responsibility
Areas (SRA). Development within SRAs must comply with special building requirements, and are also regulated by Public Resources Code 4290 and 4291, which establish requirements for maintenance of defensible space and vegetation
management.
According to the Health and Safety Element of the Butte County General Plan, the project site is not located in a Fire Hazard Severity Zone due to the project site consisting of level slopes and grassland. The project site is also not located in the SRA area.
Impact Discussion:
a.) Less than significant impact. Limited quantities of miscellaneous hazardous substances, such as gasoline,
diesel fuel, hydraulic fluid, solvents, oils, etc. would be used to maintain vehicles and motorized equipment during construction-related activities. Accidental spill of any of these substances could impact water and/or groundwater quality. Depending on the relative hazard of the material, if a spill were to occur of
significant quantity, the accidental release could pose a hazard to construction workers, the public, as well as the environment. Construction personal who are experienced in containing accidental releases of hazardous materials will likely be present to contain and treat affected areas in the event a spill occurs. If a larger spill were to occur, construction personal would generally be on-hand to contact the appropriate
agencies.
It is not anticipated that large quantities of hazardous materials would be permanently stored or used within
the project site. However, if large quantities are stored at the project site, the owner would be required to
obtain a Hazardous Materials Business Plan. It is more likely that only small quantities of publicly-available hazardous materials (e.g., paint, maintenance supplies) may be routinely used within the project site for residential or agricultural maintenance and cleaning. However, these materials would not be used
in sufficient strength or quantity to create a substantial risk of fire or explosion, or otherwise pose a substantial risk to human or environmental health.
b.) Less than significant impact. It’s not anticipated that construction or operation of future residential
development would create a significant hazard to the environment or to the public due to the accidental release of hazardous materials into the environment. Accidental release of hazardous materials routinely used during construction activities are addressed in section a.), above.
c.) No impact. No existing or proposed schools have been identified within one-quarter mile of the project site. The nearest school is Thermalito Elementary, located approximately 0.5 miles northwest from the project site.
d.) No impact. A review of regulatory agency databases, which included lists of hazardous materials sites compiled pursuant to California Government Code Section 65962.5, did not identify any contamination sites as being located within a 1,000 feet of the project site.
e.) Less than significant impact. The Oroville Airport is located 1.7 miles southwest from the project site,
placing the project site within Compatibility Zone D. Compatibility Zone D for the Oroville Airport is defined as the outer boundary of the Federal Aviation Regulations (FAR) Part 77 conical zone limits, subjecting lands
to reviews to ensure that objects and other land uses do not affect the navigable airspace of the airport. Uses prohibited within Zone D include any hazards to the flight of the aircraft such as physical, visual and electronic forms of interference, and land uses which may cause the attraction of birds to increase. Conditions to
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development within Zone D include establishment of an avigation easement dedication with acknowledgement
of airport proximity and review of objects greater than 100 feet in height. Approval of the proposed project will
be subject to implementing the requirements of the Butte County Airport Land Use Compatibility Plan to ensure airport operations due not affect persons residing on the project site.
f.) No impact. No known private airstrips have been identified within two miles of the project site. As a
result, no safety hazards associated with airport operations are anticipated to affect people working or residing within the project site.
g.) No impact. The proposed project does not include any actions that physically interfere with any emergency
response or emergency evacuation plans. Development of the resultant parcels would add a small amount of trips onto the area roadways; however, area roadways and intersections would continue to operate at an acceptable level of service. In the event future construction activities require work to be performed in the
roadway, appropriate traffic control plans would be prepared in conjunction with a Butte County
Encroachment Permit.
h.) Less than significant impact. The project site is not located in a Fire Hazard Severity Zone or a State
Responsibility Area. As a result, existing and subsequent development on the resultant parcels, as well as its residents, would not be exposed to a significant wildland fire risk.
Mitigation Measure: None required.
4.9 Hydrology and Water Quality:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
a. Violate any water quality standards or waste discharge requirements?
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)?
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?
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?
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?
f. Otherwise substantially degrade water quality?
g. Place housing within a 100-year flood hazard area as mapped by Federal Flood Hazard Boundary, Flood
Insurance Rate Map, or other flood hazard delineation map?
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Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
h. Place within a 100-year flood hazard area structures
which would impede or redirect flood flows?
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?
j. Inundation by seiche, tsunami, or mudflow?
Setting:
Flooding
Flooding events can result in damage to structures, injury or loss of human and animal life, exposure of waterborne
diseases, and damage to infrastructure. In addition, standing floodwater can destroy agricultural crops, undermine infrastructure and structural foundations, and contaminate groundwater. The Federal Emergency Management Agency
(FEMA) is responsible for mapping areas subject to flooding during a 100-year flood event (i.e., 1 percent chance of occurring in a given year). According to floodplain mapping of the project area, the project site is located within Flood
Zone A. The A zone is defined by FEMA as areas where no detailed analysis or base flood elevations were determined, but has a 1 percent annual chance of flooding and a 26 percent chance of flooding over the life of a 30-year mortgage.
Inundation Zone
Dam failure is generally a result of structural instability caused by improper design or construction, instability resulting
from seismic shaking, or overtopping and erosion of the dam. Larger dams that are higher than 25 feet or with storage capacities over 50 acre-feet of water are regulated by the California Dam Safety Act, which is implemented by the
California Department of Water Resources, Division of Safety of Dams (DSD).
The project site is identified as being located in the inundation zone for the Oroville Dam. Oroville Dam is located
approximately 5.5 + miles northeast of the project site. Oroville Dam is an earth fill dam constructed in 1965 and has a storage capacity of over 3.5 million acre-feet.
Impact Discussion:
a.) Less than significant impact. Wastewater disposal on the project site would be handled by the Thermalito
Water and Sewer District. Construction of an on-site septic system would not be required to provide wastewater disposal at the project site.
Potential water pollutants may be generated during construction activities associated with build-out of the resultant parcels, which may include sediment and petroleum based fuels and lubricants. Construction
activities have the potential to temporarily increase the sediment load of stormwater runoff from construction areas (i.e., disturbing soil at work area, the staging area, access road, etc.). Excess sediment in
surface drainage pathways can alter and degrade the aquatic habitat in nearby surface water channels. In addition, if construction equipment or workers inadvertently release pollutants such as hydraulic fluid or
petroleum to the surface water, these materials could be entrained by stormwater and discharged into surface water features causing water quality degradation.
As discussed in Section 4.6 – Geologic Processes, the physical characteristics of the soil at the project site indicate that susceptibility to erosion is slight. During construction-related activities, specific erosion
control and surface water protection methods for each construction activity would be implemented on the project site. The type and number of measures implemented would be based upon location-specific
attributes (i.e., slope, soil type, weather conditions). These control and protection measures, or BMPs, are standard in the construction industry and are commonly used to minimize soil erosion and water quality
degradation. Additionally, future construction activities may be subject to the National Pollutant Discharge Elimination System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land is disturbed. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. This program requires
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implementation of erosion control measures during and immediately after construction that are designed to
avoid significant erosion during the construction period. Project operations that are under a NPDES permit
would also be subject to State Water Resources Control Board requirements for the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) to control pollution in stormwater runoff from the project site.
b.) Less than significant impact. Domestic water services to future residences on the resultant parcels would be provided by the Thermalito Water and Sewer District.
The proposed project has the potential to result in a net increase in impervious surfaces on the project site
from the development of new structures. Future structures would result in only a minor increase in impervious surfaces from the construction of concrete foundations and access road surfacing. Thus, the proposed project would not cause a measureable reduction in surface infiltration or a decrease in deep
percolation to the underlying aquifers.
c.) Less than significant impact. Ground disturbance during construction activities associated with the build-out of the resultant parcels may alter existing drainage pathways, expose surface soils to become more
susceptible to erosive forces (i.e., overland flow) and/or generate enough increased runoff through removal/clearing of existing vegetation to increase surface erosion. As discussed in section a.), above, implementation of erosion control measures or BMPs during construction activities would minimize soil erosion and water quality degradation.
d.) Less than significant impact. Construction activities associated with build-out of the resultant parcels would not alter drainage patterns such that they would cause on- or off-site flooding. Some vegetation
removal and soil disturbance would occur during clearing of the building site and access road, resulting in the potential for increased stormwater runoff. However, implementation of BMPs would minimize the potential for surface runoff and reduce the potential for flooding.
The minor increase in impervious surface area from build-out of the resultant parcels is not anticipated to
be enough to alter existing drainage patterns or cause offsite flooding. While some increase in stormwater runoff may be expected due to the reduced absorption rate created from new impervious surfaces on the site, such as structures, driveways, and hardscape (walkways, patios), future development would be
reviewed by the Butte County Public Works Department to ensure any potential drainage concerns are
addressed, and to ensure no net increase in stormwater runoff leaves the project site.
e.) Less than significant impact. The proposed project is likely to generate a minor increase in runoff from
the future development of the resultant parcels, such as with the construction of new residences or access roads. However, these improvements are relatively small and located in an area that does not have managed stormwater drainage systems. Even so, the anticipated minor increase in runoff would likely be negligible in terms of the capacity of any existing stormwater drainage systems.
f.) No impact. The proposed project would not result in potential surface water pollution beyond the issues discussed in section a.), above. Therefore, the proposed project would not otherwise degrade water quality
beyond the issues previously addressed.
g.) Less than significant impact. A portion of the project site is located in the FEMA Flood Zone A. Any
future development on the resultant parcels within the FEMA A zone would be subject to the County’s Flood Management Ordiance, which would insure that structures are adequately protected against flood
impacts, and the construction of structures do not cause significant downstream impacts.
h.) Less than significant impact. See discussion 4.19(g) – Hydrology and Water Quality.
i.) Less than significant impact. Dam failure would result in downstream flooding impacts, which may result in the significant loss of life and property. Dam failure may also lead to power failures and downed power lines,
disrupt State and local economies by damaging buildings and roads, disrupt communications and cause disruptions of supply and delivery systems.
Dam failure incidents have not historically been a problem in Butte County. The primary cause of dam failure is exposure to seismic activity. The California Department of Water Resources has identified dams
which are considered safety hazards due to potential damage resulting from earthquakes. The Oroville Dam and the Thermalito complex are not considered at risk to seismic activity.
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j.) No impact. Although located within a seismically-active region, the project site is not located in an area
that would be impacted by a seiche, tsunami, or mudflows.
Mitigation Measure: None required.
4.10 Land Use:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
a. Physically divide an established community?
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?
c. Conflict with any applicable habitat conservation plan or natural community conservation plan?
Setting:
Butte County General Plan
The General Plan represents the basic community values, ideals and aspirations with respect to land use,
development, transportation, public services, and conservation policy that will govern Butte County through 2030. The land use element of the general plan designates the land use of areas within the county, and includes a
description of the characteristics and intensity of each land use category. The land use designation for the project site is Very Low Density Residential.
Butte County Zoning Ordinance
The Zoning Ordinance implements the goals and policies of the Butte County General Plan by regulating the uses of
the land and structures within the County. The zoning designation of the project site and their intended use are as follows:
Very Low Density Residential (VLDR)
The purpose of the VLDR zone is to allow for single-family homes and related uses in residential neighborhoods
within the county. Standard for the VLDR zone are intended to preserve and protect the character of existing neighborhoods and to ensure that new residential neighborhoods provide an approporaite transition from rural to
more developed areas. Permitted residential uses in the VLDR zones include single-family homes, small residential care homes, second units, animal grazing, on-site agricultural product sales, and private stables. The VLDR zone
also conditionally permits non-residential uses compatible with a residential setting, including public and quaist-public uses, golf courses, park and recreational facilities, personal services, animal keeping, large residential care
homes, and medical offices and clinics. The minimum permitted parcel size in the VLDR zone is 1 acre.
Impact Discussion:
a.) No impact. The project site is located in an area of Butte County that is primarily used for residential purposes. The proposed project would result in each existing home on the project to be located on its own
lot. Additionally, the existing and future residential development on the project site would be consistent with the surrounding community. As a result, the proposed project will not physically divide an established
community.
b.) No impact. The proposed project does not include an amendment to the existing land use designation, or a
change to the existing land uses occurring on the project site. The proposed project would subdivide the property into additional parcels, with each parcel meeting the minimum parcel size requirement designated
by zoning.
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c.) No impact. The Butte Regional Conservation Plan (BRCP) is a joint Habitat Conservation Plan
(HCP)/National Community Conservation Plan (NCCP) that is currently being prepared for the western
half of the Butte County, and is scheduled to be completed in 2015. The project site is located within the proposed plan area of the BRCP. However, as the plan has not been adopted, the proposed project will not conflict, nor interfere with, the attainment of the goals of the proposed plan.
Mitigation Measure: None required.
4.11 Mineral Resources:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
a. Result in the loss of availability of a known mineral
resource that would be of value to the region and the residents of the state?
b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local
general plan, specific plan, or other land use plan?
Impact Discussion:
a.) Less than significant impact. There are no known economically viable sources of rock materials in the immediate vicinity of the project site. No mining operations have occurred on the project site or surrounding
area and the project would not preclude future extraction of available mineral resources. Mineral resource extraction is not proposed with this project. However, future development on the resultant parcels would use
mineral resources in the construction of structures and access roads. The amount of resources used for the anticipated development on the resultant parcels is minor and would not result in the loss of its availability.
b.) No impact. The project site is not located in an area currently used for, or known to have, locally-important mineral resources.
Mitigation Measure: None required.
4.12 Noise:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
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?
b. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels?
c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing
without the project?
d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above
levels existing without the project?
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
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Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
in the project area to excessive noise levels?
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?
Setting:
The Health and Safety Element of the Butte County General Plan identifies land use compatibility standards for exterior community noise for a variety of sensitive land uses. For residential land uses, a maximum exterior noise
level of 60 Ldn/CNEL decibel level is generally identified as being an acceptable noise environment requiring no special noise insulation or noise abatement features. For an interior noise level standard, the maximum decibel level is 45 Ldn/CNEL.
The Butte County Noise Control Ordinance provides the county with a means of assessing complaints of alleged noise violations and to address noise level violations. The ordinance sets forth exterior and interior noise level standards that are applicable to sensitive areas within Butte County, including residential uses. Among the noise
generating activates subject to the noise ordinance are noise sources associated with construction. Though construction-related noises are subject to the noise standards of the county, these activities would be exempt if operations occur between 7:00 a.m. to sunset on any day except Saturday, Sunday, or a holiday, or between the
hours of 9:00 a.m. and 5:00 p.m. on Saturday, Sunday, or a holiday; and, provided that machinery is fitted with correctly functioning sound suppression equipment.
Impact Discussion:
a.) Less than significant impact. Noise levels contributed by the proposed project would include construction noise during future build-out of the resultant parcels, occupancy of the single-family residence, and agricultural-related activities. Construction noises associated with development of the resultant parcel would primarily be from the use of heavy equipment, generators, and power tools. Typical noises contributed by a
single-family dwelling include landscaping equipment, automobiles, power tools, domestic animals, heating and cooling systems and audio equipment. Construction and residential occupancy could be perceptible to
surrounding residences and other sensitive uses, but are not anticipated to result in generation of noises in excess of noise standards established in the Butte County General Plan due to the low density of the project site and the surrounding area, and because construction noises are temporary and would occur during typical daytime hours.
b.) Less than significant impact. The use of blasting and/or pile drivers during construction activities would not be included as part of the proposed project. The proposed project would involve temporary sources of
groundborne vibration and groundborne noise during construction from the operation of heavy equipment.
Operation of heavy equipment would generate localized groundborne vibration and groundborne noise that could be perceptible at residences or other sensitive uses in the immediate vicinity of the construction site. However, since the duration of impact would be brief and would occur during less sensitive daytime hours
(i.e., between 7:00 a.m. and 7:00 p.m.), the impact from construction-related groundborne vibration and groundborne noise would be less than significant.
c.) Less than significant impact. The primary contributors to the existing noise environment surrounding the
project site include sounds emanating from residential uses, vehicle traffic along area roadways, and from naturally occurring noise sources such as wind and rushing waters. The only permanent noise sources that would be introduced to the existing noise environment by the proposed project would be typical noise levels
contributed by single-family residential including landscaping equipment, automobiles, power tools, domestic
animals, heating and cooling systems, farm machinery, and audio equipment. It’s anticipated that these introduced sources of noise would likely result in the ambient noise levels within the project site and
surrounding area to increase. However, due to the low ambient noises presently in the surrounding environment, and the low density of the proposed parcels and surrounding area, the anticipated increase in ambient noise levels occur would not be substantial.
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d.) Less than significant impact. The only temporary or periodic noise sources that would be introduced to the
existing noise environment by the proposed project would be noises associated with construction activities.
Construction activities would require a variety of equipment. During the construction period, noise levels generated by project construction would vary depending on the particular type, number, and duration of use of the various types of construction equipment. Though noises generated by heavy equipment would
periodically generate noise levels in excess of exterior noise standards identified in the General Plan, given the small size of the proposed project, and that construction activities would occur during less sensitive daytime hours, temporary noise impacts are not considered significant.
e.) No impact. The Oroville Airport is located 1.7 miles southwest from the project site, placing the project site. At this distance, the project site is located outside the 65 dB CNEL noise level established for the airport. As a result, operational noises from the airport would not affect residents located on the project site.
f.) No impact. No known private airstrips have been identified within the vicinity of the project site. As a
result, no noise impacts associated with the airport operations are anticipated to affect people working or residing within the project site.
Mitigation Measure: None required.
4.13 Population and Housing:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
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)?
b. Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?
Setting:
The population for Butte County was estimated to be 220,024 in 2010 and 203,446 in 2000, resulting in a total
population growth of 16,578 during this 10-year period (US Census). The annual average population growth rate in
the county during this period was 0.79 percent. Total housing units in Butte County was approximately 95,835 in 2010, with approximately 8.6 percent of these housing units considered vacant.
The proposed project would result in the creation of one additional parcel that could potentially be developed with a
single-family residence. According to the United States Census Bureau, the average household size of an owner-occupied housing unit for Butte County is 2.43. Based on the average household size within the county, and the potential number of housing units that could be constructed on the parcel, the proposed project could add 2 or 3 new
residents to the local population.
Impact Discussion:
a.) Less than significant impact. Subdivision of the project site could facilitate the potential addition of
single-family residential units, which would directly result in growth in available housing and, if occupied, to the local population. However, housing and population growth with this project are consistent with planned future land uses in the VLDR zone and would be minor in scale. Construction activities associated
with development of the residential units would not result in any direct or indirect growth-inducing impacts to the county because construction activities would be temporary, and construction workers would likely be drawn from the local and regional work force. Growth in the project area resulting from the project is
planned, and is consistent with the applicable planning policies and zoning ordinance.
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b.) No impact. See discussion 4.13(a) – Population and Housing. The project site is currently developed with
two single-family residential units. The proposed project would not require the existing units to be
removed or relocated from the project site.
c.) No impact. See discussion 4.13(a) – Population and Housing. The proposed project would not cause the displacement of the local population.
Mitigation Measure: None required.
4.14 Public Services:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
a. Would the project result in substantial adverse
physical impacts associated with the provision of or 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:
1. Fire protection?
2. Police Protection?
3. Schools?
4. Parks?
5. Other public services?
Impact Discussion:
a1.) Less than significant impact. See discussion 4.8 – Hazards and Hazardous Materials. Butte County Code
requires the payment of fire protection impact fees to help offset the impacts that new residential development has on the fire protection services. Fire protection impact fees would be paid at the time of
building permit issuance for a dwelling unit.
a2.) Less than significant impact. The Butte County Sheriff’s Office provides law enforcement service to the
site. Implementation of the proposed project could increase service calls if additional residential structures are built, resulting in the potential need for additional Sheriff Department resources. Although police
protection services may need to be increased as a result of the project, it is anticipated that project implementation would not require any new law enforcement facilities or the alteration of existing facilities
to maintain acceptable performance objectives. The project’s increase in demand for law enforcement services would be offset through project-related impact fees.
a3.) Less than significant impact. Residential development at the site would result in an incremental demand for school facilities in the area. A development impact fee for school facilities will be assessed at the time
of residential development on the resultant parcels to offset any potential impact to area school facilities. The fee amount will be determined and calculated as of the date of application for the building permits.
While some school districts maintain that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees or mitigation by state legislation.
a4.) Less than significant impact. See discussion 4.15 – Recreation.
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a5.) Less than significant impact. The project would result in added need for County services, such as law
enforcement, fire protection, general services, libraries, and roads. Butte County collects various types of
development impact fees to offset the cost and impacts associated with new residential units. These fees vary depending on the dwelling type, and are collected at the time of development.
Mitigation Measure: None required.
4.15 Recreation:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
a. Increase the use of existing neighborhood and regional parks or other recreational facilities such
that substantial physical deterioration of the facility would occur or be accelerated?
b. Include recreational facilities or require the construction or expansion of recreational facilities
which might have an adverse physical effect on the environment?
Setting
The project site is located within the Feather River Recreation and Park District (FRRPD). The district covers an area of
631 square miles, and includes the City of Oroville, as well as several unincorporated communities including Wyandotte, Palermo, Bangor and Honcut, among others. The district operates and maintains approximately 132 acres of developed
parkland to serve a population of approximately 51,402 residents. This translates into a level of service of 2.6 acres of parklands for every 1,000 residents. The total park facilities operated by the district do not include facilities that are
operated by the City of Oroville or the California Department of Parks and Recreation, which includes facilities at Lake Oroville and along the Feather River. The nearest park facilities to the project site include the Oroville Wildlife Area
and Riverbend Park, which are both located within ½ mile of the project site.
Impact Discussion:
a.) Less than significant impact. Increase in the demand for recreational facilities is typically associated with substantial increases in population. As discussed in Section 4.13 - Population and Housing, the proposed
project may generate growth in the local population, if residential units are constructed on the resultant parcels. Because housing and population growth in the project area would be minor, the project would not result in a
substantial increase in demand for recreational facilities or adversely affect Butte County park/population standards.
b.) No impact. The proposed project does not include plans for additional recreational facilities nor would it require expansion of existing recreational facilities. Therefore, the proposed project would not result in any
adverse physical effects on the environment from construction or expansion of recreational facilities.
Mitigation Measure: None required.
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4.16 Transportation/Traffic:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact Reviewed Under Previous Document
a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the
performance of the circulation system, taking into account all modes of transportation including mass
transit and non-motorized travel and relevant components of the circulation system, including but
not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass
transit?
b. Conflict with an applicable congestion management
program, including, but not limited to level of service standards and travel demand measures, or
other standards established by the county congestion management agency for designated roads or
highways?
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?
d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e. Result in inadequate emergency access?
f. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian
facilities, or otherwise decrease the performance or safety of such facilities
Setting:
Roadway Network
Regional and local access to the project site is provided by Middlehoff Lane (County) and Oroville Dam Boulevard/State Route 162 (State).
Middlehoff Lane is classified as a rural local road, maintained by the Butte County Public Works Department. Middlehoff Lane includes a paved travel lane width of approximately 20 feet with gravel and dirt shoulders of 1 to 2 feet wide. The right-of-ways for this road are generally level throughout, and typically lack defined roadside drainage ditches. Traffic volume counts are considered low with less than 150 trips per day. Truck trips along these
roads would generally include trucks associated with construction activities and the limited agricultural operations occurring in the project area.
Oroville Dam Boulevard/State Route 162 is primarily a west-east route from Glenn County to Oroville, near Berry Creek. As the highway enters Oroville, it crosses under State Route 70 and renamed to Oroville Dam Boulevard or “Oro-Dam”. SR162 is a conventional two-lane highway.
Bicycle and Pedestrian Transportation
Bicycle facilities include bike paths (Class I), bike lanes (Class II), and bike routes (Class III). Bike paths are paved trails that are separated from the roadway. Bike lanes are lanes on roadways that are designated for use by bicycles
by striping, pavement legends, and signs. Bike routes are roadways that are designated for bicycle use with signs or pavement legends, but do not have additional width for bicycle lanes.
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Pedestrian facilities include sidewalks, crosswalks, pedestrian signals, and paved shoulders adjacent to rural roads.
Within the vicinity of the project site area, there are no designated pedestrian facilities, including paved shoulders of
sufficient width that would be affected by the proposed project.
No existing bike facilities are located near the project site. However, the road network in the immediate vicinity of the project site generally lacks sufficient shoulder width to accommodate pedestrian traffic. However, due to the
minimal vehicular traffic, slow speed limits, and clear line-of-site along these roadways, pedestrians would have sufficient opportunities to use the active roadways, and to move aside for vehicular traffic.
Airport
Air transportation in Butte County is served by a number of private and public airfields and heliports serving general aviation and agricultural users. There are four major aviation facilities in Butte County that serve the general public. The Oroville Municipal Airport is the nearest general aviation airport to the project site. It is located approximately
1.7 miles southwest from the project site. The airport is owned and operated by the City of Oroville. Facilities
include two runways of 6,000 feet and 3,540 feet long, and parking spaces for approximately 165 aircraft.
Impact Discussion:
a) Less than significant impact. The proposed project has the potential to introduce second dwellings to each of the resultant parcels, which would generate long-term changes in traffic volumes. Vehicle traffic for a single-family residence is estimated to be approximately 10 vehicle trips per day (Institute of Transportation
Engineers Manual, 1997). Because the scope of the proposed project is relatively minor and would not result in construction of a substantial amount of residential units, the increase in traffic levels would not create substantial impacts to operating conditions of the area road network.
Construction activities associated the future development of the resultant parcels has the potential to generate short-term changes to traffic volumes on the area road network. Daily vehicle trips would be generated with the arrival and departure of construction workers. Heavy truck trips would be required for hauling equipment
and materials to and from the construction site. Any future construction activities would be small-scale and
of short-duration. As a result, the proposed project would not cause long-term degradation in, or create substantial impacts to, the operating conditions or level of service on any of the roadways in the project area.
b) Less than significant impact. See discussion 4.16(a) - Transportation/Traffic.
c.) Less than significant impact. The Oroville Airport is located 1.7 miles southwest from the project site, placing the project site within Compatibility Zone D. Compatibiliy Zone D for the Oroville Airport is defined as the outer boundary of the Federal Aviation Regulations (FAR) Part 77 conical zone limits, subjecting lands to reviews to
ensure that objects and other land uses do not affect the navigable airspace of the airport. Uses prohibited within Zone D include any hazards to the flight of the aircraft such as physical, visual and electronic forms of interference, and land uses which may cause the attraction of birds to increase. Conditions to development within
Zone D include establishment of an avigation easement dedication with acknowledgement of airport proximity and review of objects greater than 100 feet in height. Approval of the proposed project will be subject to implementing the requirements of the Butte County Airport Land Use Compatibility Plan to ensure the project
will not result in any changes to air traffic patterns or aircraft safety hazards.
d.) Less than significant impact. The proposed project would not change the configuration (alignment) of area roadways, and would not introduce types of vehicles that are not already traveling on area roads. Construction of
access roads or driveways to the resultant parcels would require encroachment improvements to the frontage road.
Future encroachments to a county roadway would be designed in accordance with a Butte County Public Works Encroachment Permit, which would ensure that any potential safety and compatibility issues are addressed.
e.) Less than significant impact. No road improvements are proposed with the project. However, subsequent development of the resultant parcels may require road and driveway improvements that would need to meet County and State minimum safety standards for access roads and driveways. Future access and encroachment improvements would be reviewed by the Butte County Public Works Department and Butte County Fire
Protection Department/California Department of Forestry and Fire Protection to ensure that any potential safety concerns are addressed.
f.) Less than significant impact. Future development on the resultant parcels would have minor long-term impacts on demand for alternative transportation facilities due to the limited population growth to the project
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area. Construction activities associated with future development may generate short-term disruption to area
roadways from an anticipated increase in traffic levels that may affect alternative transportation uses.
However, construction activities are anticipated to be temporary, and in compliance with a Butte County Encroachment Permit, which would require traffic control implementation, if needed.
Mitigation Measure: None required.
4.17 Utilities and Service Systems:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board?
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?
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?
d. Have sufficient water supplies available to serve the project from existing entitlements and
resources, or are new or expanded entitlements
needed?
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?
f. Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste
disposal needs?
g. Comply with federal, state, and local statutes, and
regulations related to solid waste?
Setting:
Sanitary Sewer
The project site would receive sewer services from the Thermalito Water and Sewer District (TWSD). The District provides service to approximately 2,675 equivalent dwelling units as of February 2009, and serves an area encompassing
approximately 14,858 acres. Wastewater collected by the District is ultimately conveyed to the City of Oroville’s West Interceptor, located on Oro-Dam Boulevard, which discharges wastewater to the City of Oroville’s wastewater treatment facility for treatment and disposal. The condition of the District’s collection system is identified as generally good.
Water
The proposed project would receive water service from the Thermalito Water and Sewer District (TWSD). The TWSD provides domestic water services to approximately 2,700 municipal and residential customers with total annual water
consumption at approximately 2,800 acre-feet (AF), or approximately 5 million gallons per day (MGD). The TWSD currently has water rights to 8,200 AF, and the water treatment plant has a capacity to treat 6 MGD, which is sufficient to meet the current demand.
Impact Discussion:
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a.) No impact. Wastewater disposal for the existing homes on the project site are currently provided. No
additional homes would be developed on the resultant lots until such time as the access road to the project site
is brought into compliance with County and State regulations for dead-end roads. At the time of development of the resultant lots, the anticipated increase in wastewater would be relatively minor and would not result in exceeding the wastewater treatment requirements or capacity of the system.
b.) No impact. See discussion 4.17(a) – Utilities and Service Systems.
c.) Less than significant impact. No existing on-site storm water drainage facilities are located on the project site, and none would be anticipated with the future development of the resultant parcels due to the large
parcel sizes that would readily allow storm water to infiltrate into the ground before leaving the site. Development of the resultant parcels may require driveway improvements to access future development, which in turn, would require installation of an off-site driveway culvert along the County road. Installation
of a driveway’s encroachment would be made in accordance with a Butte County Encroachment Permit.
Due to minimal disturbances associated with installation of a driveway culvert, along with adherence to County improvement standards and the issued encroachment permit, installation of future storm water
drainage facilities would not cause significant adverse effects on the environment.
d.) No impact. Domestic water services to the resultant parcels would be provided by the TWSD. The District has sufficient water rights and treatment capacity to serve the anticipated uses of the project site.
e.) No impact. See discussion 4.17(a) – Utilities and Service Systems.
f.) Less than significant impact. Future development of the resultant parcels could potentially result in a minor increase in the stream of waste being deposited in the Neal Road Landfill. The California Integrated
Waste Management Board estimates that a typical residential household generate 10 to 12 pounds of waste per day (1.8 to 2.2 tons per year). According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018, and is currently seeking a permit to expand the landfill so that it can accommodate solid waste to the year 2034. Based on this information,
and because the proposed project would comply with all applicable federal, state, and local statutes and regulations as they relate to solid waste, adequate permitted landfill capacity exists to accommodate the proposed project.
g.) Less than significant impact. See discussion 4.17(f) – Utilities and Service Systems.
Mitigation Measure: None required.
4.18 Mandatory Findings of Significance:
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?
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)?
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Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact Reviewed Under Previous Document
c. Does the project have environmental effects which
will cause substantial adverse effects on human beings, either directly or indirectly?
Impact Discussion:
a.) Less than significant impact with mitigation incorporated. With the implementation of mitigation measures
included in this Initial Study, the proposed project would not degrade the quality of the environment; result in an adverse impact on fish, wildlife, or plant species including special status species, or prehistoric or historic
cultural resources. Prehistoric or historic cultural resources would not be adversely affected because no archeological or historic resources are known to exist in the project area and project implementation includes
following appropriate procedures for avoiding or preserving artifacts or human remains should they be uncovered during project excavation.
b.) Less than significant impact with mitigation incorporated. This project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Air Quality, Biological,
and Cultural Resources. Cumulative impacts to these areas would be mitigated due to the inclusion of the Mitigation Measures listed below, as itemized under Section 5 – Mitigation Measures and Monitoring
Requirements. Section 4.7 Green House Gasses of this study explains why the project’s contribution to cumulative impacts is not cumulatively considerable, based on the limited scale of development.
Past, current, and probable future projects in the vicinity of the project site were reviewed to determine if any additional cumulative impacts may occur with the approval of this project. A two mile radius was used in
determining cumulative impacts. No additional cumulative impacts were discovered.
c.) Less than significant impact with mitigation incorporated. There have been no impacts discovered through
the review of this application demonstrating that there would be substantial adverse effects on human beings either directly or indirectly. However, the proposed project has the potential to cause both temporary and
future impacts to the area by project-related impacts relating to air, biological, and cultural resources. With implementation of mitigation measures included in this Initial Study, these impacts would be effectively
mitigated to a less than significant level.
5.0 Mitigation Measures and Monitoring Requirements
Mitigation Measure #1:
Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: “Dust generated by the development activities shall be kept to a minimum and retained on-site.
Follow the air quality control measures listed below:
Control Dust
a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day’s
activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement
damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour.
c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation.
d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered.
f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency.
g. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust.
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Post Contact Information
h. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This
person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District (530) 332-9400) shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions).
Other Construction Practices i. Maintain all construction equipment in proper tune according to manufacturer’s specification.
j. Where feasible, give preference to utilizing the following equipment:
• Electric equipment
• Substitute gasoline-powered for diesel-powered equipment
• Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel.
• Equipment that has Caterpillar pre-chamber diesel engines, as practical.
• Diesel construction equipment meeting the CARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines.
k. Construction workers shall park in designated parking area(s) to help reduce dust emissions.”
Plan Requirements: The note shall be placed on a separate document which is to be recorded concurrently with the
map or on an additional map sheet. This note shall also be placed on all building and site development plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods.
Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the note is placed on a separate document which is to be recorded concurrently with the map or on an
additional map sheet. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints.
Mitigation Measure #2: A riparian buffer area shall be established along that portion of Feather River located within the project site.
Riparian buffer areas shall extend landward, 50 feet from the ordinary high water mark along the river channel. The riparian buffer area shall be delineated on an additional Notation and Disclosure Sheet for the Parcel Map, to be
recorded as a condition of project approval. A notation shall accompany the designated riparian buffer area that states: “Only development and activities allowed pursuant to Butte County Code Section 24-76 et seq. shall occur
within the Riparian Buffer Area. Additional permits may be required from the Butte County Development Services Department, prior to construction of any structures or establishment of any uses or activities within the Riparian Buffer Area.”
Plan Requirements: The riparian buffer area and notation shall be placed on an additional Notation and Disclosure
Sheet for the Parcel Map or on a separate document recorded concurrently with the Parcel Map.
Timing: Requirements of the condition shall be satisfied prior to recordation of the map. This measure shall be
implemented during site preparation, issuance of development permits, and construction.
Monitoring: The Butte County Department of Development Services and Public Works Department shall ensure
that the building envelope and notation is placed on an additional Notation and Disclosure Sheet of the Parcel Map, or on a separate document to be recorded concurrently with the Parcel Map. The Planning Division shall ensure
compliance through the permit review process, and through routine inspections of the site.
Mitigation Measure #3
Prior to any development activity 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
Zoning Administrator 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);
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2) The removal of all oak trees 5 inches or more in diameter at breast height shall be mitigated. It shall be
mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation
easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. 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 Zoning Administrator. 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;
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 Zoning Administrator.
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 grading, building, septic, or well permit, or the approval of any improvement plans on the parcels, which will result
in removing or encroaching upon oak trees on the project site.
Monitoring: At the time of septic, well, or building permit application, the Development Services Department will reference this requirement on any grading, building, septic, or well permit site plans and verify that either Oak Trees
5 inches or more in diameter at breast height are avoided or an Oak Tree Mitigation Plan has been submitted to and approved by the Zoning Administrator. Butte County building inspectors shall ensure compliance on-site.
Mitigation Measure #4 Place a note on a separate document which is to be recorded concurrently with the Parcel Map or on an additional
map sheet that states: “Should grading activities reveal the presence of prehistoric or historic cultural resources (i.e. artifact concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.; structural
remains; human skeletal remains) work within 50 feet of the find shall immediately cease until a qualified professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures.
Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner ((530) 538-6579). Should the County Coroner determine that the remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State Law, to arrange for Native American participation in determining the disposition of such remains.” The provisions of this
note shall be followed during construction of all subdivision improvements, including land clearing, road construction, utility installation, and building site development.
Plan Requirements: This note shall be placed on a separate document which is to be recorded concurrently with
the map or on an additional map sheet and shall be shown on all site development and building plans.
Timing: This measure shall be implemented during all site preparation and construction activities.
Monitoring: The Department of Development Services and/or Public Works Department shall ensure the note is
placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid
damage to cultural resources and determine appropriate action. State law requires the reporting of any human remains.
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6.0 Environmental Reference Material
1. Butte County Association of Governments. Butte Regional Conservation Plan, First Administrative Draft.
Accessed December 27, 2013. (available at http://www.buttehcp.com/BRCP-Documents/1st-Admin-Draft-BRCP/index.html)
2. Butte County Association of Governments. Butte Regional Transit (B-Line). 2008. Bus Basics. Available at www.blinetransit.com/. Accessed on May 1, 2014.
3. Butte County Climate Action Plan. Adopted February 25, 2014. (Available at http://www.buttecap.net)
4. Butte County 2030 General Plan. Environmental Impact Report. Oroville, CA. April 8, 2010. (Available at
http://www.buttegeneralplan.net/products/2010-08-30_FEIR/default.asp.)
5. Butte County General Plan 2030. Oroville, CA. October 26, 2010. (available at
http://www.buttegeneralplan.net/products/2010-10-26_GP2030/Butte_County_General_Plan.pdf)
6. Butte County 2030 General Plan. Settings and Trends Report. Public Draft. Oroville, CA. August 2, 2007.
(Available at http://www.buttegeneralplan.net/products/SettingandTrends/default.asp.)
7. Butte County. Housing Element of the Butte County General Plan (2010-2030). 2010.
8. Butte County Noise Control Ordinance (Ordinance No. 4053). Adopted on March 26, 2013. (Available at http://www.buttecounty.net/dds/Documents/OrdinancesResolutions.aspx)
9. Butte County Zoning Ordinance. Adopted on November 6, 2012. Amended September 10, 2013. (Available at http://www.buttegeneralplan.net/
10. Butte County. Section III, Seismic and Geologic Hazards, Health and Safety Element of the Butte County General Plan (2010-2030). 2010.
11. Butte County Planning Department. Butte County GIS Data. May 2013.
12. Butte County Public Works Department. 2011 Butte County Bicycle Plan. June 14, 2011.
13. Butte County Air Quality Management District. CEQA Air Quality Handbook – Guidelines for Assessing Air Quality Impacts for Projects Subject to CEQA Review. January 2008.
14. Butte Local Agency Formation Commission (LAFCO). Feather River Recreation and Park District Municipal Service Review. August 25, 2009.
15. Butte Local Agency Formation Commission (LAFCO). Municipal Service Review for Domestic Water and Wastewater Service Providers. June 1, 2006.
16. Butte Local Agency Formation Commission (LAFCO). Municipal Service Review for Wastewater Service Providers-Oroville Region. November 5, 2009.
17. California Air Resources Board. “ARB approves tripling of early action measures required under AB 32”. News Release 07-46. http://www.arb.ca.gov/newsrel/nr102507.htm. October 25, 2007.
18. California Air Resources Board. Climate Change Scoping Plan: a framework for change. December 2008.
19. California Air Resources Board. Expanded List of Early Action Measures to Reduce Greenhouse Gas
Emissions in California Recommended for Board Consideration. October 2007.
20. California Department of Conservation. Fault-Rupture Hazard Zones in California. Altquist-Priolo Earthquake
Fault Zoning Act with Index to Earthquake Fault Zone Maps. Special Publication 42. Interim Revision. 2007.
21. California Department of Conservation, Division of Land Resource Protection. A Guide to the Farmland
Mapping and Monitoring Program. 2004.
22. Department of Toxic Substance Control. 2009. Envirostor Database. Accessed on May 1, 2014.
http://www.envirostor.dtsc.ca.gov/public.
23. Institute of Transportation Engineers. Trip Generation Manual, 6th Edition – Volume 1 of 3. 1997.
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24. U.S. Census Bureau. Annual Estimates of the Resident Population – 2012 Population Estimates for Butte
County, California. March 5, 2013.
25. U.S. Census Bureau. Profile of General Population and Housing Characteristics – 2010. Butte County, California. March 5, 2013.
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BUTTE COUNTY
STANDARD CONDITIONS FOR
TENTATIVE PARCEL MAP
APPLICANT: SCRUBY DATE:3/4/14 AGENT: APN: 030-160-058
FILE#: TPM14-0002 PLANNER:
PROJECT DESCRIPTION:
Those items checked are conditions of approval.
PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH
THE FOLLOWING CHECKED CONDITIONS:
A. STREETS
1. Prior to recordation of the parcel map, provide a fully executed road maintenance agreement for all
non-publicly maintained access roads on the county approved form. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet
of the parcel map stating: "In accordance with Civil Code Section 845, maintenance of the road as shown hereon shall be shared by those properties with a legal interest in it."
2. All access rights shall be reserved by deed per county ordinance, offered for dedication, and depicted on the parcel map. Place the following note on the parcel map: “approved road name is a non-
exclusive easement for ingress, egress, road and public services purposes, to be reserved in deeds and is hereby offered for dedication to the County of Butte.”
3. Prior to recordation of the parcel map, demonstrate to the Department of Public Works that there is approved access conforming to county code to each parcel from a publicly maintained road.
4. Prior to recordation of the parcel map, deed to Butte County in fee simple feet of right-of-way from the physical centerline of along the entire property frontage. The right-of-way shall be
sufficient for the installation of county improvement standard S-5 at all street intersections.
5. Prior to recordation of the parcel map, relinquish abutter's rights of access to Butte County along the
frontage of parcel except at approved access points.
6. Prior to recordation of the parcel map, provide street name signs per requirements of the Department
of Public Works. Street names shall be reviewed by the county address coordinator and one name for each new street shall be recommended to the Board of Supervisors for approval prior to
recordation of the parcel map. A minimum of five alternate names for each new street shall be submitted.
7. Prior to final road inspection, install all necessary traffic safety signs including stop signs. For all non-publicly maintained access roads, a note shall be placed on a separate document which is to be
recorded concurrently with the map or on an additional map sheet of the parcel map stating: "No public entity shall be responsible for the maintenance of the traffic safety signs including stop signs.
In accordance with Civil Code Section 845, maintenance of the traffic safety signs shall be shared by those properties with a legal interest in them."
8. Prior to recordation of the parcel map, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the county improvement
standards and the terms of the encroachment permit.
9. Prior to recordation of the parcel map, submit road and drainage improvement plans to the Land
Development Division for the installation of a standard S-18 road approach in accordance with county improvement standards. Obtain an encroachment permit and construct the road approach
prior to recordation of the parcel map. Adequate sight distance at the intersection of access road and shall be provided. Right-of-way required for construction of road approach and roadside drainage
shall be provided.
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10. Provide a cul-de-sac or building free turn around area designed and constructed as specified in the
county improvement standards. The parcel map shall show the cul-de-sac or building free turn around area.
11. Prior to recordation of the final map, construct or provide a performance, labor and material bond for construction of street frontage improvements on . Construct a ½+ 12’ street section along the entire
parcel frontage in conformance with county improvement standard RS- , including curb, gutter, and sidewalk, ″ AC, ″ AB, prime coat, fog seal and 95 % relative compaction. Submit design to the
Land Development Division for approval prior to construction. “R” value determination and other data may be required to support the section design.
12. Prior to recordation of the final map, construct or provide a performance, labor and material bond for construction of interior streets in conformance with county improvement standard RS- , including
curb, gutter, and sidewalk, ″ AC, ″ AB, prime coat, fog seal and 95 % relative compaction. Submit design to the Land Development Division for approval prior to construction. “R” value
determination and other data may be required to support the section design. Form a zone of benefit or other approved maintenance entity within the county’s permanent road division for operation and
maintenance of interior streets and storm drain facilities.
13. Prior to recordation of the parcel map, construct or provide a performance, labor and material bond
for construction of street frontage improvements on . Construct a ½+ 12’ street section along the entire parcel frontage in conformance with county improvement standard RS- , including curb,
gutter, and sidewalk, ″ AC, ″ AB, prime coat, fog seal and 95 % relative compaction. Submit design to the Land Development Division for approval prior to construction. “R” value
determination and other data may be required to support the section design.
14. Prior to recordation of the parcel map, provide approved access to parcel from a county maintained
road or from a state highway. Construct or provide a performance, labor and material bond for construction of improvements to access road in conformance with county improvement standard RS-
8 LD- , feet wide with ″ of CL II aggregate base and sealcoat.
15. Prior to recordation of the parcel map, provide approved access to each parcel being created.
Construct or provide a performance, labor and material bond for construction of interior road in conformance with county improvement standard RS-8 LD- , feet wide with ″ of CL II aggregate
base and sealcoat. (If the parcel being created are 5 acres or less in gross area, submit road and drainage plans to the Department of Public Works for plan checking and approval prior to
construction).
16. Street lighting shall be provided in accordance with Butte County requirements, accepted design
criteria, and recommendations of Pacific Gas & Electric Company. Where the County has determined that it is not detrimental to health and safety, the developer may choose to only install
electrical outlets for streetlights. If streetlights are to be installed, the annual energy costs shall be funded through a county service area (CSA), zone of benefit within a permanent road division
(PRD), or other entity as approved by the public works director. The developer must complete the formation of the CSA, zone of benefit within a PRD, or other approved entity prior to recordation of
the final map. The formation process will require the developer to fund the service until the beginning of the first fiscal year in which service charges can be collected and to agree to an annual
maximum service charge to ensure continued operation of the facilities.
17. Prior to recordation of the parcel map, construct access to lot per Butte County Code 20-136.
Submit design to the Department of Public Works for review and approval prior to construction. Provide a fully executed road maintenance agreement for all non-publicly maintained access roads
on the county approved form. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the parcel map stating: "In accordance
with Civil Code Section 845, maintenance of the access road as shown hereon shall be shared by those properties with a legal interest in it."
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18. Prior to recordation of the parcel map, construct or provide a performance bond and labor and
material bond for the construction of a landscaping strip within the public right-of-way adjacent to parcel . Submit design to the Land Development Division for approval prior to construction. The
developer must complete the formation of a county service area (CSA), zone of benefit within a permanent road division (PRD), or other Department of Public Works approved maintenance entity
for landscaping prior to recordation of the final map. The formation process will require the developer to fund the service until the beginning of the first fiscal year in which service charges can
be collected for the maintenance entity and agree to an annual maximum service charge to ensure continued maintenance of the facilities.
B. DRAINAGE
1. Prior to issuance of building permits, drainage plans and calculations shall be submitted to and
approved by the Department of Public Works. Engineering plans shall detail existing drainage conditions and specify how storm water runoff will be either detained or retained onsite and/ or
conveyed to the nearest natural drainage channel or publicly maintained facility. Engineering calculations shall show there is no increase in peak flow runoff leaving the property.
2. Prior to final improvement inspection by the Department of Public Works, all new drain inlets shall be labeled with the county approved drain marker per county standard S-40. Improvement plans
shall show and/or note the requirements for labeling inlets pursuant to county standard S-40.
3. Place a note on a separate document which is to be recorded concurrently with the parcel map or on
an additional map sheet stating: "After adoption of the Central Valley Flood Protection Plan by the Central Valley Flood Protection Board pursuant to Section 9612 of the Water Code and after the
amendments of the Butte County General Plan and Zoning Ordinance required by Sections 65302.9 and 65860.1 of the Government Code have become effective, Butte County will be prohibited from
approving any discretionary permit or entitlement or any ministerial permit that would result in the construction of a new residence on any lot or parcel depicted on this map unless the county makes
one of the findings required by Section 65962 of the Government Code regarding flood protection. Such findings must be based on substantial evidence. It shall be the responsibility of the owner of
the lot or parcel, or the agent of the owner, to provide any and all information requested by the County in order for the County to be able to make the required findings."
4. Prior to recordation of the parcel map in accordance with Butte County Code Section 26-25 either:
a. Show or note the existing regulatory flood plain on the map; or
b. Establish the regulatory flood plain and then show it on the map.
5. Prior to recordation of the parcel map, pay drainage impact fees per Article XI, Chapter 3 of Butte
County Code.
6. Prior to grading, a construction storm water permit will be required by the State Water Resources
Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. The permit must be obtained from the State Water Resources Control
Board prior to construction. If a construction storm water permit is required, place a note on an additional map sheet that states: “The development of this parcel map required a construction storm
water permit. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. Development of individual
lots may require an additional permit(s).”
C. PARCEL MAP
1. Show all easements of record on the parcel map.
2. Prior to recordation of the parcel map, pay in full any and all delinquent, current and estimated taxes
and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492.
3. Pay the recording fees in effect at the time the parcel map and related documents are recorded.
4. Prior to recordation of the parcel map, pay North Chico Specific Plan Area development impact fees
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per Article XVII, Chapter 3 of Butte County Code.
5. Prior to recordation of the parcel map, pay all applicable assessments established by affected assessment districts, in full.
6. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the parcel map regarding the limited future development on the parcels. The
following note shall be recorded: “Until such time as a secondary point of access is created for Middlehoff Lane, the parcels created by this division shall be restricted to one (1) dwelling unit per
parcel”.
7. Place a note on a separate document which is to be recorded concurrently with the map or on an
additional map sheet of the parcel map regarding drainage. The following note shall be recorded: “Prior to issuance of building permits, drainage plans and calculations shall be submitted to and
approved by the Department of Public Works. Engineering plans shall detail existing drainage conditions and specify how storm water runoff will be either detained or retained onsite and/ or
conveyed to the nearest natural drainage channel or publicly maintained facility. Engineering calculations shall show there is no increase in peak flow runoff leaving the property.”.
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