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HomeMy WebLinkAboutUP09-0003 SMITH IS MND DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY, MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR UP09-0003 (SMITH) HONKER BAY RANCH A PROPOSED EVENTS FACILITY 030-340-043 AND 030-340-035 1446 FARRAR LANE, OROVILLE AND REQUEST FOR CALIFORNIA DEPARTMENT OF FISH AND GAME NO FEE DETERMINATION TABLE OF CONTENTS REQUEST FOR NO EFFECT DETERMINATION ..................................................................... 3 INITIAL STUDY............................................................................................................................ 4 1.0 PROJECT INFORMATION............................................................................................... 4 2.0 DETERMINATION............................................................................................................ 7 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING............................. 8 4.0 ENVIRONMENTAL IMPACTS........................................................................................ 8 4.1 AESTHETIC/VISUAL RESOURCES........................................................................... 8 4.2 AGRICULTURE RESOURCES.................................................................................... 9 4.3 AIR QUALITY............................................................................................................... 9 4.4 BIOLOGICAL RESOURCES...................................................................................... 10 4.5 CULTURAL RESOURCES......................................................................................... 12 4.6 GEOLOGIC PROCESSES........................................................................................... 12 4.7 HAZARDS AND HAZARDOUS MATERIALS ........................................................ 13 4.8 HYDROLOGY AND WATER QUALITY.................................................................. 14 4.9 LAND USE...................................................................................................................15 4.10 MINERAL RESOURCES............................................................................................ 16 4.11 NOISE........................................................................................................................... 17 4.12 HOUSING..................................................................................................................... 18 4.13 PUBLIC SERVICES .................................................................................................... 19 4.14 RECREATION............................................................................................................. 19 4.15 TRANSPORTATION/TRAFFIC ................................................................................. 20 4.16 UTILITIES AND SERVICE SYSTEMS..................................................................... 21 4.17 MANDATORY FINDINGS OF SIGNIFICANCE...................................................... 22 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS........................ 22 6.0 ENVIRONMENTAL REFERENCE MATERIAL.......................................................... 24 7.0 CONSULTED AGENCIES.............................................................................................. 24 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT.......................................................................................................................... 25 Attachment - March 24, 2009 Memo from Jack Smith to the Planning Commission, Establishment of Winery and Events Center Project Name: UP09-0003 2 REQUEST FOR NO EFFECT DETERMINATION California Department of Fish and Game No Effect Determination Request Form Date Submitted: August 6, 2009 Applicant Name: County of Butte (Contact Pete Calarco, Development Services, Assistant Director at (530) 538-2167) Applicant Address: #7 County Center Drive, Oroville, CA 95965 Project Title: Use Permit 09-0003 (UP09-0003) California Environmental Quality Act (CEQA) Lead Agency: County of Butte CEQA Document Type : Mitigated Negative Declaration State Clearinghouse Number and/or local agency project/case number: County Case #UP09-0003 Project Location: 1446 Farrar Lane, Oroville on Assessor’s Parcel Number 030-340- 043 and 030-340-035. The nearest cross street is Larkin Road, east of the Thermalito Afterbay, approximately 2 miles south of Highway 162. Project Description: The application is a request of for a use permit to conduct outdoor event facility uses such as ceremonies and receptions including amplified music on property located in the Agricultural Residential, 5-acre minimum (AR-5) zoning designation with a General Plan Land Use classification of Agricultural Residential (AR). The application proposes 12 events per year from April through October. An event can include activities on up to three consecutive days, one of those days being the main event of up to 200 people. The application also includes a small winery facility to be complimentary to the events facility. Justification of No Effect Determination: The use is conditionally permitted in the zone. The project is holding a limited number of events at an existing, developed rural residential property. The proposed project does not result impacts to fish, wildlife and habitat. Project Name: UP09-0003 3 INITIAL STUDY Introduction: This document has been prepared for public review extending from Thursday, August 6 to Wednesday, August 26, 2009. The Planning Commission will consider this document along with the Use Permit UP09-0003 on August 27, 2009 at 9:00 a.m. or shortly thereafter. The County has evaluated the project under the requirements of the California Environmental Quality. 1.0 PROJECT INFORMATION A. Applicant/Owner: Jack Smith/Jack Smith and Joe Smith B. Representative: N/A C. Engineer: Golden Sun Designs, 2565 Zanella Way, STE F, Chico, CA 95928 D. Staff Contact: Pete Calarco, Assistant Director; (530) 538-2167, pcalarco@buttecounty.net E. Project Name: Honker Bay Ranch F. Project Location: 1446 Farrar Lane, Oroville on Assessor’s Parcel Number 030-340-043 and 030-340- 035. The nearest cross street is Larkin Road, east of the Thermalito Afterbay, approximately 2 miles south of Highway 162. G. Type of Application(s): Use Permit H. Assessor’s Parcel Number(s): 030-340-043 and 030-340-035 I. Project Site Size: The two parcels total approximately 19 acres. J. Current Zoning: Agricultural Residential, 5-acre minimum (AR-5) K. General Plan Designation: Agricultural Residential L. Environmental Setting: The project is located in the valley area of Butte County at approximately 140 foot elevation and generally grasses and flat to moderate slopes. The project site has an existing season pond, is adjacent to the Western Canal (forming the southern boundary) and existing residence and related accessory structures. The site has an existing lawn area, landscape trees, fruit trees and a small area planted with wine grape vines. The surrounding area is similar with rural residential lots and an adjacent pond feature. M. Surrounding Land Uses: State owned lands managed by the Department of Fish and Game as the Oroville Wildlife Area and other publicly owned lands to the south and east of the project site. West and north are rural residential parcels ranging in size from 3 to 10 acres or more. The project site is approximately 0.5 miles east of the Thermalito Afterbay. N. Project Description: The application is a request of for a use permit to conduct outdoor event facility uses such as ceremonies and receptions including amplified music on property located in the Agricultural Residential, 5-acre minimum (AR-5) zoning designation with a General Plan Land Use classification of Agricultural Residential (AR). The application proposes 12 events per year from April through October. An event can include activities on up to three consecutive days, one of those days being the main event of up to 200 people. For example, a wedding party rehearsal dinner on the first night, the wedding on the second day and a gift opening on the third day. The peak event being the wedding ceremony and reception. The application also includes a small winery facility to be complimentary to the events facility. Food and beverages will be brought on site by vendor or other agreement with the owner. Portable restroom facilities will be provided during the events. A future phase may include permanent bathroom facilities. The proposal includes an unlighted sign at the Larkin/Farrar entrance, accessory structures, circulation and related signage. Additional information is provided in the attached March 24, 2009 memo from Jack Smith to the Planning Commission Project Name: UP09-0003 4 describing the project (Establishment of Winery and Events Center). This memo outlines three phases of improvements to the site. O. Public Agency Approvals: Butte County Environmental Health Division, Butte County Public Works Department and Cal Fire/Butte County Fire (CDF). Project Vicinity Aerial Photo Project Name: UP09-0003 5 Site Plan (not to scale) Project Name: UP09-0003 6 2.0 DETERMINATION [ ] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [ X ] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. August 5, 2009 Prepared by: Peter Calarco, Assistant Director Date Project Name: UP09-0003 7 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project; however, with the incorporation of mitigation measures, potentially significant project related impacts are reduced to a “less than significant” level (CEQA Guidelines 15382). [X] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality [ ] 4.4 Biological Resources [ ] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [ ] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [X] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ ] 4.17 Mandatory Findings of Significance None of the above items are potentially significant. 4.0 ENVIRONMENTAL IMPACTS: INTRODUCTION: The project contains very little new construction. It is largely use of existing property developed as a single-family residents and related structures for an additional use of conducting outdoor events. This initial study evaluates the impacts associated with conducting the events on site as identified in the project description. The closest existing residence to the proposed use is approximately 1,100 feet. Property to the south is and east is publicly owned. 4.1 AESTHETIC/VISUAL RESOURCES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c. Substantially degrade the existing visual character or quality of the site and its surroundings? X d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Impact Discussion: The proposed use is limited to use of an existing site and does not include structures that would have an adverse effect on a scenic vista. There project would not result in removal or damage to trees, rock outcropping or historic buildings. The project is not located within a state scenic highway area. (see 1.0 Project Information). Events will be held in the evening hours. During that time, there is a potential for light to cast off of the project site. To reduce this potential, light fixtures related to the events (event lighting, effects, safety lighting) are required to be shielded such that light is cast down onto the property and no direct light onto adjacent property or roads. With the mitigation below, the impact is considered less than significant. Project Name: UP09-0003 8 Mitigation Measure 1: All lighting for the project shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit. Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. 4.2 AGRICULTURE RESOURCES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? X Impact Discussion: The project site is designated Other Land on the 2006 Important Farmlands Map under the Farmland Mapping and Monitoring Program. Other Land is defined as Land not included in any other mapping category. Common examples include low density rural developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing; confined livestock, poultry or aquaculture facilities; strip mines, borrow pits; and water bodies smaller than forty acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land. Other Land is not considered prime farmland. The project site is not located within or adjacent to lands in a Williamson Act Contract. No impact has been identified. Mitigation Measure: None required. 4.3 AIR QUALITY: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Conflict with or obstruct implementation of the applicable air quality plan? X Project Name: UP09-0003 9 Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X d. Expose sensitive receptors to substantial pollutant concentrations? X e. Create objectionable odors affecting a substantial number of people? X Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated “attainment” if these standards are met and “nonattainment” if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as “moderate” nonattainment areas for the state standards for ozone (03) and fine particulate matter (PM10). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. Vehicle use of the gravel road and parking area will contribute to fine particulate matter (PM10) during dry periods and/or during windy conditions. The impact is considered less than significant after mitigation. Mitigation Measure 2: Dust generated by the vehicle use of unpaved roads and areas shall be kept to a minimum and retained on-site. Dust control, through watering, dust palliative, limiting vehicle speed, other means or combination thereof shall be required to reduce fugitive dust from vehicle use of the gravel and other unpaved surfaces. Plan Requirements: The note shall be placed as a condition of the Use Permit. Timing: Requirements of the condition shall be adhered to throughout all grading, construction/landscaping and event activity periods. Monitoring: The Department of Development Services shall spot check and shall ensure compliance on-site for construction related activities subject to a building permit. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 4.4 BIOLOGICAL RESOURCES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California X Project Name: UP09-0003 10 Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means)? X d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance? X f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, or endangered species of animals? X h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or invertebrates)? X i. A deterioration of existing fish or wildlife habitat (for foraging, breeding, roosting, nesting, etc.)? X j. Introduction of barriers to movement of any resident or migratory fish or wildlife species? X k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the normal activities of wildlife? X Impact Discussion: The proposed use is largely contained within an existing developed rural-residential property (see Project Information 1.0). Through early consultation under CEQA, the Department of Fish and Game evaluated the proposed project and concluded that there were no impacts to biological resources (July 9, 2009 email correspondence from DFG to Development Services). No adverse impact to biological resources is identified. Mitigation Measure: None Required Project Name: UP09-0003 11 4.5 CULTURAL RESOURCES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? X b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? X c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d. Disturb any human remains, including those interred outside of formal cemeteries? X Impact Discussion: The Northeast Center of the California Historical Resources Information System (Northeast Center) was consulted during project review. There are no existing records of onsite resources. The Northeast Center did identify known historic resources adjacent to the site or in the general area. These include the Western Canal along the southern boundary of the property, railroad grades, roads, refuse deposits, ditches and homestead sites/complexes . No adverse impact to cultural resources is identified. The property has not been previously surveyed for cultural resources. The Northeast Center recommends that a survey be conducted to determine if the site has cultural resources. Staff has considered the recommendation of the Northeast Center in evaluating the project impacts to cultural resources. Since the project site is largely built and the proposed use will be an event activity on site (see 1.0 Project Information), the impact to cultural resources is considered less than significant. Mitigation Measure: None required. 4.6 GEOLOGIC PROCESSES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including liquefaction? 4. Landslides? X X X X b. Result in substantial soil erosion or the loss of topsoil? X Project Name: UP09-0003 12 Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? X e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste water? X Impact Discussion: The site is located in an area of moderate erosion and expansive soils potential. Since the project site is largely built and the proposed use will be an event activity on site (see 1.0 Project Information), no significant impact to geologic processes is identified. The impacts are considered less than significant and no impact. (see 1.0 Project Information). The property is served by an existing septic system and well. Portable restroom facilities would be brought on-site during events. As part of the project description (see 1.0 Project Information), permanent facilities may be constructed in the future. The applicant is required to meet all applicable standards for septic systems at the time that permanent facilities are constructed. Mitigation Measure: None required. 4.7 HAZARDS AND HAZARDOUS MATERIALS Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Create a significant hazard to the public or the environmental through the routine transport use, or disposal of hazardous materials? X b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed schools? X d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X Project Name: UP09-0003 13 Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Impact Discussion: The closest airport is the Oroville Municipal Airport. The project site is approximately 5,000 feet (less than 1 mile) from the runway and is within Oroville Compatibility Zone C (Traffic Pattern). The project is not considered a Major Land Use Action per Section 1.5.3(a)(4) of the Butte County Airport Land Use Compatibility Plan. The proposed use is consistent with the intensity (people per acre) requirement of the C Compatibility Zone for the Oroville Municipal Airport. The impact is considered less than significant. (see 1.0 Project Information and Noise 4.11). Butte Fire provided input during early consultation project review. Internal circulation shall be maintained such that emergency vehicles can access the site during an event. This requires that the driveway to the parking areas and the circular driveway be maintained as a fire lane during events. This is presented by Butte Fire as a condition of approval of the use permit through their review requirements of the use and no additional mitigation is required. Mitigation Measure: None required. 4.8 HYDROLOGY AND WATER QUALITY: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Violate any water quality standards or waste discharge requirements? X b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? X d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X Project Name: UP09-0003 14 Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f. Otherwise substantially degrade water quality? X g. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h. Place within a 100-year flood hazard area structures which would impede or redirect flood flows? X i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? X j. Inundation by seiche, tsunami, or mudflow? X Impact Discussion: The majority of the property is in Flood Zone X (outside of 100-year flood zone) on FEMA Flood Insurance Rate Map (FIRM) (06007C0980 C) dated June 8, 1998. A portion of the property along the southern boundary is located in Flood Zone A (100-year flood zone). Construction activities located in the 100-year flood zone are subject to compliance with applicable building code requirements and FEMA flood zone regulations. (see 1.0 Project Information) No impact is identified. Mitigation Measure: None required. 4.9 LAND USE: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c. Conflict with any applicable habitat conservation plan or natural community conservation plan? X Impact Discussion: The use permit process allows the County to consider site specific issues in a discretionary process to evaluate consistency with the Zoning Code and the General Plan. In considering approval of the use permit, the Planning Commission is required to make findings under BCC 24-45.10 Criteria for Granting. That section states that the Planning Commission may grant the use permit when it finds that… the proposed uses of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the county… Project Name: UP09-0003 15 The General Plan land use designation is Agricultural Residential. The General Plan Land Use Element includes a list of Primary and Secondary Uses. Primary uses agricultural use and single-family dwellings at rural densities. There is a range of uses listed in the Secondary Uses section including animal husbandry, forestry, intense animal uses, home occupations, mining, outdoor recreational facilities, environmental preservation activities, airports, utilities, public and quasi-public uses, group quarters, care homes and transient lodging. (see 1.0 Project Information and Agriculture Resources for additional discussion). There are a few residences in the surrounding area. The residential parcels (also zoned AR-5) range in size from 3 to 10 acres (see 1.0 Project Information). The nearest residence to the portion of the parcel with the proposed use is approximately 1,100 feet. Lands to the south and east are publicly owned and designated Public in the General Plan. Access to the site is from Larkin Road and approximately 2,000 feet along Farrar to the driveway entrance/parking area. The proposed use will required improvements per County standard or as otherwise determined by the Public Works Director at the encroachment with Larkin and Farrar an/or portions of Farrar. Additional traffic, noise, dust and the presence of people during the events will be noticeable. With the mitigation measures, this is considered less than significant (see 1.0 Project Information, 4.1 Aesthetics, 4.3 Air Quality and 4.11 Noise) Considering the zoning, general plan designation, location, setting and the analysis contained in this CEQA document, Development Services considers this project to be consistent with the findings required in BCC 24-45.10. The determination for these findings is subject to Planning Commission consideration at a public hearing including this information and written and oral comments. The decision of the Planning Commission to approve or deny the Use Permit is subject to a 10-day appeal period. The County is in the process of updating its entire General Plan and Zoning Code under Butte County General Plan 2030. More information on the update can be obtained at http://www.buttegeneralplan.net/. The specifics regarding permitted land uses and related zoning regulations are not currently in a draft form as of the writing of this initial study. Review of the Preferred Land Use Alternative map indicates that this project area has been identified as Rural Residential. No information at this time indicates that the proposed use would be potentially compatible or incompatible with the Butte County General Plan 2030 that is in process. Mitigation Measure: None required. 4.10 MINERAL RESOURCES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? X Impact Discussion: The project site is not within a state designated mineral resource zone (MRZ). The site has not been used for mineral extraction and is not known as a source of important mineral resources nor is it identified as such in the General Plan. Mitigation Measure: None required. Project Name: UP09-0003 16 4.11 NOISE: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? X c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Impact Discussion: The closest airport is the Oroville Airport. The project site is approximately 5,000 feet (less than 1 mile) from the runway and is within Oroville Compatibility Zone C (Traffic Pattern). The project site is located outside of the 55dB CNEL (Community Noise Equivalent Level) as identified for the Oroville Airport in the Butte County Airport Land Use Compatibility Plan, Exhibit 5E. People working in the project area would not be exposed to excessive noise levels. The recreation facility is proposed to be operational from the beginning of April through the end of October with up to 12 events. A maximum of 200 people are proposed to be able to attend an event (this number excludes the staff and related vendors to manage the event). Events would be active not later than 10PM. After the active portion of the event there would be the exit of attendees, clean-up, etc. The Butte County General Plan identifies normally acceptable level of noise throughout the County. Currently, the Noise Element (Chart No. 4) establishes that acceptable levels of noise for the project area are normally below 60 decibels Ldn or CNEL at any time. The events are expected to introduce a temporary or periodic increase in ambient noise levels in the project vicinity above existing levels. The distance to the nearest house is approximately 1,100 feet from the event area Since distance from a source of noise has an attenuating effect, noise levels from events at nearby homes can be expected to be minimal due to the distance of the residential uses on adjacent parcels from the event area. However, sensitivity to noise is subjective and can be perceived as a nuisance, even if noise conforms to existing standards. Mitigation Measure 3 is added to insure that excessive noise will not become a significant issue. If the actions in Mitigation Measure 3 fail to abate a noise nuisance related to events, the Planning Commission can modify the Use Permit to reduce quantity, duration or time of events or revoke the Use Permit if it reserves jurisdiction of the Use Permit. Mitigation Measure 3: Acceptable levels of noise generated from the project shall not exceed 60 decibles Ldn or CNEL, as established by the Butte County General Plan, at the nearest dwelling. If the Department of Development Services (DDS) or other Project Name: UP09-0003 17 County departments receive noise-related complaints regarding the project and the level of noise is in excess of the established standards, the applicant/owner shall immediately implement all measures recommended by DDS to abate the nuisance. The owner/applicant shall reduce noise levels as directed, which may include, but are not limited to: • Changing the operational hours and/or placing limits on amplified sound/music; • Reducing the number of individuals allowed at each event; • Installing sound-buffering structures; • Work with a sound specialist to identify and implement appropriate sound reducing measures; or • Other recommendations from the DDS. Any violations of the above established noise standards constitute violations of the applicant’s Use Permit and shall subject the applicant to the administrative revocation and/or criminal enforcement actions under Butte County Code section 24-45.65 or equivalent or related section if the code is updated or amended. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit. Timing: The applicant shall implement measures to reduce noise impacts as required by the Department of Development Services as a result of complaints during the operational phase of the project. Monitoring: The Planning Division and/or Code Enforcement shall respond to noise complaints. 4.12 HOUSING: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure? X b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Impact Discussion: The project does not replace, add or impede housing in the area. The proposed use does not displace housing on the property or in the area. (see 1.0 Project Information). No impact is identified. Mitigation Measure: None required. Project Name: UP09-0003 18 4.13 PUBLIC SERVICES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? X b. Fire protection? X c. Police Protection? X d. Schools? X e. Parks? X f. Other public services? X Impact Discussion: The applicant will be required to maintain an event management plan as part of the conditions of approval on site. Butte Fire provided input during early consultation project review. Internal circulation shall be maintained such that emergency vehicles can access the site during an event. This requires that the driveway to the parking areas and the circular driveway be maintained as a fire lane during events. This is presented by Butte Fire as a condition of approval of the use permit through their review requirements of the use and no additional mitigation is required. Mitigation Measure: None required. 4.14 RECREATION: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Impact Discussion: The project will not generate a demand on parks or recreational facilities (see 1.0 Project Information). No impact is identified. Mitigation Measure: None required. Project Name: UP09-0003 19 4.15 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? X b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? X c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e. Result in safety issues for pedestrian and/or vehicle safety? X f. Result in inadequate emergency access? X g. Result in inadequate parking capacity? X h. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X Impact Discussion: The project is not considered a Major Land Use Action per Section 1.5.3(a)(4) of the Butte County Airport Land Use Compatibility Plan. The proposed use is consistent with the intensity (people per acre) requirement of the C Compatibility Zone for the Oroville Municipal Airport. The project site plan includes on-site parking and circulation. The peak event day maximum proposed is 200 persons. This does not include employees or vendors transporting equipment or providing services for the event. With an average of 3 persons per vehicle attending the event, the maximum equates to approximately 67 vehicles for a maximum event. The applicant estimates that of the larger events, the attendance will be more typically 125 to 150 persons. While this is an estimate, the project proposes 200 as the maximum. The site plan shows a 47 lot parking area (7 additional parking spaces are provided near the residence) is provided with an overflow parking area sufficient to meet the estimated parking needs of a maximum event. Vehicle traffic to the site is estimated to be primarily south bound traffic along Larking, turning east onto Farrar. After event exiting is expected to follow the same pattern with a right hand turn onto Larking. The proposed use will required improvements per County standard or as otherwise determined by the Public Works Director at the encroachment with Larkin and Farrar and/or portions of Farrar. The project includes signage and on-site safety lighting for evening hours. The applicant will also be required to maintain and event management plan. Internal circulation shall be maintained such that emergency vehicles can access the site during an event. This requires that the driveway to the parking areas and the circular driveway be maintained as a fire lane during events. This is presented by Butte Fire as a condition of approval of the use permit through their review requirements of the use and no additional mitigation is required. Mitigation Measure: None required. Project Name: UP09-0003 20 4.16 UTILITIES AND SERVICE SYSTEMS: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? X f. Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? X g. Comply with federal, state, and local statutes, and regulations related to solid waste? X Impact Discussion: The project will be served by existing on-site well and septic systems (see 1.0 Project Information). Portable restroom facilities will be provided on-site during events. Any future permanent restroom facilities would be required to meet applicable septic disposal standards at the time of construction. The project will not create a significant demand on utility or service systems. No impacts to utilities and service systems are identified. Mitigation Measure: None required. Project Name: UP09-0003 21 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b. Have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects)? X c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X The project has the potential to contribute impacts that are individually limited and are not cumulatively considerable with respect to Initial Study Checklist Items in the above discussion. None of the impacts are considered significant. No mitigation is required. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure 1: All lighting for the project shall be designed and located so as to confine direct lighting to the premises. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. No lighting shall be of the type or in a location such that it constitutes a hazard to vehicular traffic, either on private property or the abutting highway or street. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit. Timing: The provisions of this mitigation measure shall be complied with at all times. Monitoring: The Development Services Department shall investigate and respond to any complaints of excess glare or light originating from the project site. Project Name: UP09-0003 22 Mitigation Measure 2: Dust generated by the vehicle use of unpaved roads and areas shall be kept to a minimum and retained on-site. Dust control, through watering, dust palliative, limiting vehicle speed, other means or combination thereof shall be required to reduce fugitive dust from vehicle use of the gravel and other unpaved surfaces. Plan Requirements: The note shall be placed as a condition of the Use Permit. Timing: Requirements of the condition shall be adhered to throughout all grading, construction/landscaping and event activity periods. Monitoring: The Department of Development Services shall spot check and shall ensure compliance on-site for construction related activities subject to a building permit. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. Mitigation Measure 3: Acceptable levels of noise generated from the project shall not exceed 60 decibles Ldn or CNEL, as established by the Butte County General Plan, at the nearest dwelling. If the Department of Development Services (DDS) or other County departments receive noise-related complaints regarding the project and the level of noise is in excess of the established standards, the applicant/owner shall immediately implement all measures recommended by DDS to abate the nuisance. The owner/applicant shall reduce noise levels as directed, which may include, but are not limited to: • Changing the operational hours and/or placing limits on amplified sound/music; • Reducing the number of individuals allowed at each event; • Installing sound-buffering structures; • Work with a sound specialist to identify and implement appropriate sound reducing measures; or • Other recommendations from the DDS. Any violations of the above established noise standards constitute violations of the applicant’s Use Permit and shall subject the applicant to the administrative revocation and/or criminal enforcement actions under Butte County Code section 24-45.65 or equivalent or related section if the code is updated or amended. Plan Requirements: This mitigation shall be placed as a condition of the Use Permit. Timing: The applicant shall implement measures to reduce noise impacts as required by the Department of Development Services as a result of complaints during the operational phase of the project. Monitoring: The Planning Division and/or Code Enforcement shall respond to noise complaints. Project Name: UP09-0003 23 6.0 ENVIRONMENTAL REFERENCE MATERIAL: 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1998 and 2000. 14. USGS Quad Maps. 15. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 18. California Natural Diversity Database (CNDDB) accessed through Rarefind 2, Government Version, Jan- 02-2003. 19. Butte County Airport Land Use Compatibility Plan, December 20, 2000 by Shutt-Moen 20. Butte County General Plan Agricultural Element and Negative Declaration 1995. 21. Butte County Department of Development Services website: www.buttecounty.net/dds 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [X] Building Manager [ ] BCAG [ ] ALUC [X] LAFCo [X] Air Qual. Management Dist. [ ] City of Chico [ ] City of Biggs [ ] City of Gridley [ ] City of Oroville [ ] Town of Paradise [ ] CA Department of Forestry [ ] CalTrans (Traffic) [ ] Central Reg. Water Quality [ ] Department of Conservation [ ] CA Dept. of Fish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [ ] US Fish & Wildlife Service [X] Agricultural Commissioner [ ] Butte Co. Farm Bureau [ ] Oroville Union School Dist. [ ] Feather River Rec. Dist. [X] Butte Fire [ ] SFWPA [ ] Thermalito Irrigation Dist. [ ] PG&E [ ] Pacific Bell [ ] SBC [ ] Oroville Elem. School Dist. [X] County Assessor [ ] Thermalito Union Sch. Dist. [ ] Dept of Water Resources [ ] Tribal Consultation (SB18) Project Name: UP09-0003 24 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: I/We have reviewed the Initial Study for Use Permit 09-0003 (Smith) application and particularly the mitigation measures identified herein. I/We hereby modify the application on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. ____________________________________ ___________________ Project Sponsor/Project Agent Date Project Name: UP09-0003 25