HomeMy WebLinkAboutPARADISE SUMMIT PUD08-0001 AND TSM08-0006, JUNE 10, 2010Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCo, AssISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
538-7601 Telephone
(530) 538-7785 Facsimile
ADMINISTRATION * BUILDING * PLANNING
MEMORANDUM
TO: Honorable Planning Commissioners
FROM: Stacey Jolliffe, Principal Planner
SUBJECT: Paradise Summit PUD08-0001 and TSM08-0006
DATE: June 10, 2010
RECOMMENDATION
Staff recommends that the Planning Commission- adopt the attached revised Resolution
with modified conditions of approval, recommending that the Board of Supervisors take
the f6ilowing actions:
1) Adopt the Initial Study/Mitigated Negative Declaration per the California
Environmental Quality Act (CEQA),
2) Adopt the Paradise Summit Planned Unit Development PUD08-0001, and
3) Approve TSM08-0006 with findings and conditions.
BACKGROUND
"The Paradise Summit PUD08-0001 and TSM08-0006 (Wyckoff & Associates LLC)
was continued from the Planning Commission's May 27, 2010 meeting at the request
of the Town of Paradise to allow additional comment on the pr'oject. Comments were
received from the Town of Paradise and are included in Attachment A. Responses to
these comments were �nlot received in time to fullya'nalyze i n this report.
COMMENTS RECEIVED TO DATE
Cominents received prior to publication of the earlier agenda report are found on
pages 444 through 465 of the May 27, 2010 agenda report. Comments received after
publication of the earlier report are provided in Attachment A to this report.
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Please provide DWR with a copy of any subsequent environmental documentation
when it becomes available for public review.. Any future correspondence relating to this
project should be sent to:
Leroy Ellinghouse, Chief
SWP Encroachments Section
Division of Operations and Maintenance
Department of Water Resources
1416 Ninth Street, Room 641-1
Sacramento, California 95814
In addition, please,continue ' to keep DWR informed of any future actions with respect to
the Paradise Summit Development.
If you have'any questions, please contact Leroy Ellinghouse, Chief of the SWP
Encroachments Section, at (9 16) 653-7168 or Mike Anderson at (916) 653-6664..
Sincerely" .
V/David.M. Samson, Chief
State Water Project.Operations Support Office
Division of Operations.and, Maintenance
cc:. State Clearinghouse
Office of Planning
1400.Tepth, Street, Room 121
Sacramento, California 95814
465.
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The f'ollowing discussion addresses comments on the following topics:
Design standards
Utilities
Energy Con servation/Sustainab i I ity
Renegotiating existing easements through.the site to adjacent properties
Number of housing units and size of proposed lots
Previous site clearance
Potential for kit foxes
On-site storm water containments
Water quality
On-site recreation (Paradise. Recreation and Park District)
Very High Fire Hazard Area and Evacuation Plans,
Offsite recreation
Trespass issues.
Pedestrian and Bicycle Circulation and Bus Routes
In evaluating comments received, staff has noted key issues and decision points for,
the Planning Commission recommendation to the Board as shown in underline below.
Options to address key concerns expressed in comments received as well as staff
recommendations are provided below.
Design standards
In hi s second letter to the Commission, Rob Boyle expressed a desire for architectural
controls on the project site. "Once this project is approved, the county has little if any
say in the type of houses, sizes of houses, and configuration of the houses or the
number of design of houses "The surrounding homes were built under their current
CCRs and as such establish the aesthetic boundaries which need to be addressed.
These CCRs are the standing community standards to this area whether they are deed
prescribed or not."
The project proposes to form a Home Owners Association for the project which
would include covenants, conditions and restrictions (CC&R's). The CC&R's will
determine the following:
requirements for Homeowners' Associations dues and assessments
maintenance requirements
architectural design requirements (HOA Architectural Review Committee)
onsite wastewater maintenance agreements
land use restrictions (based on Butte County Land Use and Development
Codes and the approved PUD ordinance)
The applicant has not proposed specific architectural standards for the residential
development at this time, but rather a process to establish those standards in
subsequent CC&R's. While not required in the County PUD ordinance, the applicant
has agreed to the following condition of approval to ensure the Paradise Summit
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project would contain similar construction standards to the adjacent Madre de Oro
subdivision.
New Condition of Approval recommended:
Minimum architectural standards will be established in the form of
CC&R's to achieve gualily construction standards similar or better
than those of the Madre de Oro subdivision, subiect to review by
the Paradise Summit Home Owners Association's architectural
review committee.
Utilities
In response to inquiries on utilities, power lines will be undergrounded in the
subdivision due to requirements of the Public Utilities Commission for a subdivision
of this size and number of lots.
The Paradise Summit project must receive an additional 312 service connections to
the Limesaddle District from the Del Oro Water Company. The project will not
utilize any of the 500 service connections currently allocated to DOWC.
Energy Conservation/Sustainability
The California Energy Commission submitted a letter dated May 5, 2010 seeking to
assist the project applicants in implementing energy conservation measures into the
project. Staff spoke with Bill Pflanner from the Energy Commission who noted that
letter outlines advisory guidance, rather than' regulatory standards.
An adjacent property owner also requests that the project implement additional
energy conservation methods, such as a solar option for future homeowners.
The Initial Study/Mitigated Negative Declaration for the project reflects information
about energy conservation in the Air Quality section 4.3, because energy use is a
primary source of air contaminants. The Butte County Air Quality Management
District (BCAQMD) has reviewed air emissions modeling for the project. BCAQMD
has determined that it will result in a less than significant contribution to air quality
impacts, given BAMM outlined in Air Quality section 4.3 of the Initial Study for the
project. Based on current practices and less than significant air quality impacts,
additional regulatory requirements for energy efficiency are not recommended. ,
Nevertheless, the Board of Supervisors
homeowners or other energy conservation
appropriate for the PUD.
may require a solar option for future
measures it deten-nines are necessary or
If the Planning Commission finds additional energy conservation or sustainabilily
measures should be inco[porated into the project design, it could move to add a
condition of approval in to the Planning, Commission's resolution to the Board to add
the !ype of control desired.
Existing Easements
Staff researched existing easements on the'project site to address concerns raised by
the Aiken family. An easement to two parcels, including the Aiken property, located
adjacent and -east of the project site, will be relocated as allowed by the deed
estab.lishing the'easement. Other existing easements, as shown on the record of
survey map j73 37 (Attachm&nt C) will need to be abandoned either because they
conflict with proposed lots or because they are located in land designated for open
space. Staff recommends a condition of approval such that existing road and PUE
easements will not conflict with proposed uses.'
New Condition of Approval recommended:
Existinp, road and PUE easements must be abandoned, quit claimed, or relocated prior
to recordation of the final map. This provision does not aRply to easements
establishing or facilitating uses consistent with the adopted Planned Unit
Development Ordinance for the Project.
Number and Size of PrODosed Lots
Letters received from various neighbors indicate that the project contains too many
lots or too small of lots or both, in many cases referencing the CC&R's. from the
Madre de Oro Subdivision. Applicability of CC&Rs to the public approval process'
on adjacent, developed lands and project site are analyzed in the May 27, 2010
agenda report. Notwithstanding, the character of existing adjacent development
(some authorized by an architectural control committee established by noted -Madre
de Oro CC&R's) should be considered in the Planning Commission's'decision
whether the proposed PUD/TSM provides suitable site design.
The PUD/TSM is a discretionary legislitive action which can be conditioned or
denied at the discretion of the Board. Modification's to lot size and number may be
recommended at the discretion of Commission. This at)Dlication for subdivision of
the planned develooment site has been submitted for, the Plannine Commission's
evaluation and recommendation to the Board.
Previous Site Clearances
Sue Seropian has noted site clearing in March and April of 2005, raising the question
what remedy is required for that previous site disturbance. A site investigation was
undertaken by Department of Public Works staff on April 27, 2005. Photos are
provided below of the clearing at the end of Lago Vista. Public Works staff "did not
see any dirt moving or excavating." The result of that investigation was that site
clearing activities were not contrary to County'Code. The following photographs
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At the May 27 hearing, the Commission heard from Scott Wyckoff that site clearing
was undertaken to remove Manzanita and brush for the purpose of site surveying and
cultural resource surveys, with the intent of preserving the clusters of oaks. These
activities are not uncommon on project sites being contemplated for development, but
may occur without any pending development or entitlement. Site clearing occurred
approximately three years prior to the TSMIPUD application being submitted on the
project.
The Integrated Open Space Management Plan (IOSMP) will need to balance deer
herd management objectives with fire safety concerns while achieving erosion control
for water quality and slope stability purposes. The Fuel Modification component of
that the,IOSMP includes the following item:
Erosion Control program, including groundcover/ground stability especially
for steep slopes on eastern edge of project
Mitigation Measure #8 of the project identifies measures to be undertaken to survey
oak trees and mitigate any trees to be removed over 5" in diameter.
Staff does not interoret the site clearinR activities to be Dart of the TSM/PUD
entitlement, and therefore has not included retroactive mitigation to identify and
mitigate a (disputed) loss of oak trees approximately three years prior to project
application. The baseline for, CEQA analysis is when the application is determined to
be complete, which is several years after site clearing activities were complete.
Kit Fox
Comment was received concerning the potential for kit foxes in the vicinity.
Gallaway Consulting Inc. investigated the possibility of kit foxes on or near the
project site and concluded that was very unlikely. Kamie Loeser, Project
Manager/Environmental Planner, for Gallaway consulting, Inc. indicates that Kit
foxes do not occur in this region. They are actually called the San Joaquin kit fox and
occur in southern and climates. These species do not occur on the CNDDB as a
potential presence in this area. The California gray fox, which is a common species,
could be expected to occur in the area.
On-site Storm Water Containment
In public testimony May 27 before the Commission, Mark Dwight expressed concern
that the location of the stormwater detention ponds would result in detained.water
seeping downhill into the property to the south. Public Works staff has reviewed the
conceptual drainage plan prepared by Northstar Engineering and believes that the
storm drainage design will address these concerns. The design will use storm water
detention ponds to capture runoff from the subdivision and release it at or below the
pre-de'velopment rate such that there is no increase in peak flow runoff. Detention
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ponds will be' required to drain within 24 hours, thus having negligible effects to
ground water. Therefore, staff is recommending no change to the location of the
detention facilities.
A letter from the Department of Water Resources dated May 18, 2010 expresses
concern over on-site storm" water containment and water quality. Conditions of
approval on the project require that the project provide on-site storm water
containment such that the project will result in no net increase in peak runoff.
Water Quality
In addition to waste discharge requirements, and antidegradation analysis from the
CRWQCB, the project is being conditioned to participate in a sanitation district or
other legal wastewater management oversight entity, acceptable to the Butte County
Departments of Public Health and Public Works, that is adequate to ensure the
operation, maintenance and repair of the sewage collection, treatment, and disposal
facilities. Revegetation required by the Integrated Open Space Management Plan
(IOSMP) will also reduce sediment, in surface waters.
Northstar Engineering has provided the following response to concerns expressed
about the future wastewater system, including what will happen in case of power
outages.
At project build -out the wastewater treatment facility will include a standby
generator with automatic controls.
Each home will have a septic tank With pump; often referred to as a "STEP"
system. The typical STEP system installation incorporates a minimum 1,500
gallon tank. In this region these water -tight conc ' rete tanks are typically
provided by Jensen Precast out of Orland. The pump operation in the tank is
controlled by liquid level floats. The typical float setting in a Jensen tank
provides 390 gallons (14" of depth times 28 gallons per inch) of emergency
storage above the "on" liquid level float. This is the same configuration that
has been used in systems throughout Butte County as well as the entire nation
for at least twenty years. Examples of Butte County projects include two
along Pentz Road, Casa Del Rey and Lime Saddle Estates, two others along
the Skyway, Blue Oak Terrace and Rocky Bluffs, as well as several others
north of Chico. These systems have all been approved by Butte County as
well as the Regional Water Quality Control Board. In addition, the Town of
Paradise established design criteria in the early 1990's for similar systems that
was approved by the Regional Water Quality Control Board. The STEP
system as proposed for the Eagle Meadows project utilizes "industry
standard" design criteria and construction specifications.
This question of emergency storage during power outages was resolved many
years ago. All regulatory agencies now agree that wastewater generation
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plummets during.power outages, primarily because the major wastewater
contributors found within a household, show ' er/bath, clothes washer, and
dishwasher, don't get used. To put things in perspective an averitge toilet uses
15. gallons per flush while an average clothes washer uses 40.5 gallons per
load (ref: USEPA).
No changes to the conditions of approval of the -wastewater system, which
are already extensive, appear necessary.
On-site Recreation
The project is located within the Paradise Park and Recreation District (PRPD) which
has submitted a letter for the Commission's consideration included in Attachment A.
Active on-site recreational facilities are recommended; as noted below:
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The project proposes a gross density of .97 dwelling units/acre and includes passive
open space, trails and the Integrated Open Space Management Plan. However, a
neighborhood park or other recreational facilities could reduce vehicle trips off-site
for recreational services. In response to PRPI)s concerns regarding on-site,
recreational ihcilities, the Planning Commission could recommend site design
changes to the Board.
The project is currently designed to include a trial system to satisfy recreational use
requirements of County Code section 24-210(e)(2). As outlined in the Initial study,.
the proposed trail system, will be realized only if it is not precluded by state or federal
permitting processes, (subsequent to County action on the TSM/PUD) which could
restrict public access to protect resources, such as wetlands or cultural resources.
Should trails. be precluded from implementation by subsequent permitting processes,
then the provision of onsite recreational facilities would be defined only by County
Code section 24-210(e)(2), which is incorporated by reference into the Paradise
Summit PUD ordinance. Staff supports the current design as providing recreational
facilities agpropriate to the project , site and recommends adding a condition of
approval to provide direction for coordination with PRPD if substantial portions of
the proposed trail system prove infeasible.
If redesian/substantial modification of the PUD trail system is proposed, the Paradise
Recreation and Park District wilF be.,consulted regarding recreational facilities
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appropriate to the site, and the modification will be processe d consistent with Butte
County Code 24-210 PUD (Planned Unit Development), or as amended.
Offsite Recreation
The draft Initial Study/Mitigated Negative Declaration for the project (IS/MND) has
been revised to acknowledge state recreational facilities in the vicinity of the
proposed project. The addition of 312 homes is not expected to have a significant
effect on state facilities which serve a much larger region.
PRPD acknowledges that impacts .fees will be collected to help offset of site
recreational impacts (Attachment A).
Concerns were expressed at the May Planning Commission meeting that the project
will result in more vehicles with boats with trailers turning off Pentz Road into the
Marina, which has resulted in several accidents. Turn movement safety from Pentz
Road to the Marina is facilitated by a left turn pocket.
Trespass issues
Kunkle Reservoir and the PG&E Flume attract hikers and others seeking recreation
and who sometimes trespass on private property. Resolution of the larger recreational
issue may be beyond the scope of the existing development, since it involves PG&E,
BLM, the Town of Paradise, and Native American Tribes. Nevertheless, the project
design and the IOSMP can contribute to the success of that larger effort to 'funnel'
people seeking recreational opportunities into an acceptable trail system.
Other comments received on the Paradise Summit project also appear to question the
scope of the PUD and whether the project should consider a larger planning area to
address issues such as trespass. The IOSMP cannot reasonably influence potential
trespass issues outside the immediate project area. However, it will influence how
people seeking recreation in the area utilize area trails.
Staff recommends a modification to the Public Access and Recreation Plan of the
IOSMP (Mitigation Measure #8.A) as follows:
Mitigation Measure #8 (Integrated Open Space Management Plan)
An Integrated Open Space Management Plan (IOSMP) will be prepared by the
applicant for review and approval prior to the issuance of the First Final Map. The
IOSMP shall be reviewed and approved by� CalFire, CDFG,'and Butte County
Departments of Environmental Health and Development Services. The plan shall
specify appropriate oversight entities and roles of each entity/agency. It shall contain
the following components:
A. P ublic Access and Recre a tion PI an
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Onsite Open Space areas will be identified as allowing or disallowing public
access and dogs (on or off leash)
Maintenance funding source
Interpretive Signage
Consultation with affected agencies and property owners subject to trespass
shall be undertaken in developing the Public Access and Recreation Plan.
(Due to its length, the remainder of mitigation measure #8 has not been reiterated
here. The full mitigation can be found in conditions of approval attached at the end
of this report.)
Very High Fire Hazard Area and Evacuation Plans
Many people commenting on the project at the May 27 hearing and in written
correspondence have expressed concerns about allowing 312 additional homes at this
location, given past experience with wildfires near the project site.
The IS/MND acknowledges that the project is located within a very high fire hazard
zone and outlines various measures to offset, but not eliminate, fire risk. Namely, the
PUD/TSM, as proposed and conditioned, requires
• Implementation of a fuel modification plan on the eastern slope of the site to
reduce the risk of wildfire spreading to proposed homes,
• A financing plan to implement acceptable fire response times, and
0 Homeowner disclosures and HOA educational materials to promote resident
awareness of the very high risk of wildfire. The HOA is entrusted with
ongoing distribution of the materials.
The project meets access requirements of the Butte County Public Works Department
and CalFire/Butte County Fire. Although this project site will have access to multiple
routes out of Paradise (including Pentz Road, Skyway, and Clark Road), the fire
storms of 2008 did, in fact, cause significant evacuation delays, given Skyway, and
Clark road closures during that extraordinary fire event.
An Evacuation Plan and additional egress off the ridge have been issues of concern in
the 2008/2009 Grand Jury Report on Wildfire & Safety Considerations for Butte
County General Plan 2030 as noted by one speaker at the May 27 Planning
Commission meeting. The report is provided in Attachment D to this report, along
with the Department of Development Services' response to the Report's findings in
Attachment E. An evacuation plan is needed for the area and is being programmed
for development by Butte County General Plan 2030.
CalFire/Butte County fire has not requested a fire station on the project site
notwithstanding an earlier approved tentative subdivision map, (which expired before
it recorded) that dedicated a lot for a fire station within the approved subdivision
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Identifying specific funding mechanisms for fire services is be I yond the scope of the
environmental analysis. Conditions of approval on the Tentative Map require that
funding sources for adequate fire services be -identified prior to recording the final
map or selling any lots.
The Town of Paradise has asked to be involved in the development of the fiLe
services funding plan by CalFire. CalFire does not concur that mitigation for the
Paradise Summit pro6ect is the appropriate mechanism to address funding issues,
which might better be addressed in association with automatic aid agreements.
If in considering testimony, the Planning Commission finds differently, it can
recommend a modification to mitigation measure #18 to the Board to include the
Town of Paradise in the fire financing plan.
Pedestrian and Bicycle Circulation, and Bus Routes
Comments in support of additional pedestrian facilities and bus routes are noted.
Nexus has not been established to require offlite improvements from the
development, which at buildout will provide a small percentage of the population
utilizing off�site facilities. However, pedestrian and bicycle use of onsite road system
(in addition to the trial system) has been incorporated into the project. Lindenbaurn
Lane will include a 4 foot bike lane on both sides of the roadway. Additionally,
conditions of approval require construction vehicles to use Lindenbaurn Lane for site
access to the extent practical, so that pedestrians can continue to use Lago Vista Way
during construction without conflicts with construction equipment.
Early consultation with the Butte County Association of Governments (BCAG) and
review of General Plan 2030 indicates that bus service is not planned in the area
withi ' n the 2030 planning. horizon. The density of the proposed project as well as
existing and planned residential densities of surrounding properties were high enough
to warrant bus service at this time. However, as noted in the initial study, flexible
route paratransit service is available in the area for seniors and those with disabilities.
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Attachments:
A: Comment letters received after May 27, 20 10 Commission Packet was
distributed
Letters received during early consultation (follo%�ing project submittal)
Record of survey book 178, page 37
Grand Jury Report on Wildfire & Safety Considerations for Butte County,
General Plan 2030
E: Department of Development Services' response to grandjury report
F: Revised Resolution Recommending Approval with -,modified Exhibit A
(Conditions of Approval)
Butte County Development Services
7 County Center Drive
Oroville, CA 95965
Attn: Stacey Jolliffe, Project Manager, CEQA
Howard R. Tugel
Tugel Ag Development, LLC
P.O. Box 2677
Paradise, CA 95967
May 25, 20 10
RE: TSM08-0006PUD08-0001 Wycoff (Eagle Meadows)
To Whorn It May Concern:
I am the owner and/or managing member owning the property to the East of the Proposed
Development. I want to preface my remarks by saying that the Developers have worked
with me and have been very considerate of me, and I of them. I have no objection to
their use of their property. However, I wish to air concerns over the project, if not
properly handled, that will affect me as a resident, the enjoyment of my property and the
future value of my property. I see my 56 acre parcel as my back yard not ' as potential
development property. That is why I bought it, to enjoy and to give me a buffer.
These concerns are the following: Speed Limit on Pentz Road, Storm water run-off,
Effect of sewage disposal on my property, Any restrictions the County may impose with
respect to my land use in the future due to the development of this property, Agricultural
Use and Trespass & access to Kunkle Reservoir. I'll address each of these in the
following'paragraphs.
Pentz Rd: Your report has discussed extending the sight'distance, turn lanes, etc. My
concern is SPEED. Traffic is now exceeding -the speed limit. This is becoming a
residential area. Controlling speed controls noise (a factoraffecting those Jiving near the
intersection) and greatly increases safety. I should sgy, not only creating a speed zone
but enforcin- it. With cameras, the County could make more and we'd all have more
safety and less noise.
Storm Water Run-off.- I have written a letter to the Department some years before
this proposal has come to the floor. I know that there may be more storm water passing
onto and thru my �roperty. However, I want to be sure that peak flows are not higher and
that the water enters the property as it has historically. This will be an issue to address by
Public Works when the plan is approved. More total water is fine, just keep flow rates
down and drainage in historic corridors.
Page 2
Effect of Sewage Effluent on My Property: Actually, I'm not unhappy with
more subterranean water entering the property, particularly water relatively high in
nitrogen. It will make the meadow greener later in the year. I do have a problem with
the County limiting the use of my property for development in future years because some
study says it is no longer suitable for septic tanks due to the increase of ground water.
This whole area is underlain by lava. Water 'perks' but then it hits the sloping lava beds
and runs out or weeps out where the lava surfaces (My Property). My only problem is
with the County and future restrictions on me because the development of Eagle
Meadows came before I died and my property. was considered for development.
Otherwise, I'm very content.
Future Restrictions on Land Use, Density, Etc. made on My Property
due to the prior existence of the Proposed Development: I have down
loaded and read through pages provide by the County on their web site. Truthfully, I
don't see a problem and I don't have a clue what might happen. Fmjustscaredof
Bureaucrats. Right now, my property enjoys a Low Density Residential Status. Muchis
wetland or otherwise unusable. However, with the 'flex lot' option (Cluster Housing)
some of it can be used. I don't foresee the desire for high densities in my life time in
specific areas. However, I want to be assured that the County will not place additional
restrictions on my parcel(s) because of prior development.
Agricultural Use: The report suggests that the property is "Vacant" as though it is
just open land waiting for future development. That is not the case. I spend time and
money annually to enhance the property. It is 'My Back Yard'. I have a permit to use
Ag Chemicals from the County Department of Agriculture. I spray roadways, brush &
Star Thistle Annually. I cut fire breaks w/ my dozer, remove dead trees, bum' piles of
brush in the winter, etc. This in an effort to make a beautiful property that has areas of
cover for wildlife, open areas, beautiful trees (Which I prune up and in some cases plant
Natives). I currently operate within the guidelines of the County for AR 2 1/2 Acre
parcels. I want to be able to continue these operations and once the property is cleaned -
up, I hope to run beef cattle. The parcel(s) are fenced and signed. I have left 'Wildlife
Access' points. I think I have a prior history of the above mentioned activities land the
right to continue these activities. I request that the County makes that so. Further that
the buyers of the home sites sign 'right to farm' agreements to insure that right,
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Page 3
Tresp'ass & Kunkle Reservoir: Trespass is and continues to be a huge problem on
this property. People up here seein'to have no concept of Property Rights. They think I
am the 'National Park Service' Even fences and signs don't stop them as I've found.
This 'Planned Unit Development' will increase my problems. What can you do? How
do you make people obey the law? In other places you can but not in Butte County. My
problem is exacerbated by Kunkle Reservoir and the Miocene Flume. Public access is
allowed, by P.G.& E. W/ meager provision for ingress/egress. Everyone wants to get
around to the 'back of the lake'. Everyone wants to take a short-cut through my beautiful
property on good gravel roads that I built myself for my own use. Because the Paradise
Summit Development (Eagle Meadows) is virtually without access to Kunkle Reservoir
the problem will be greatly multiplied. Actually, who can blame people from wanting to
go there? My problem will become untenable.
What can I do? I've read all about the preparation of a plan called IOSPMP (Integrat6d
Open Space Management Plan). Nowhere does it address the "Mitigation of the effect
Mr. Tugel's Property or Psyche". Why is that? Yes, people need to be told to stay off,
yes trails need to not lead to my property and 100 other things. The only solution that I
think will help it is to allow access to the Kunkle Reservoir Parcel. This access should be
wide and unencumbered making it easy to access. Perhaps P.G.&E should be asked for
permission to make a trail around the lake on P.G.& E. Property. This Lake is an
attractive nuisance. How are you going to mitigate my problem?
J did do a lot line adjustment with Eagle Meadows trading them Lindenbaurn. Lane and
exchanging property. However, I failed to realize that we should have provided for a
large parcel going to Kunkle Reservoir. Big enough to keep people out of the balance of
my land. I'm not looking to make money by doing something like this and I'm not
wishing to lose money or land either. Trespass should not happen and we need to find a
way to minimize it. You can't apRrove a Rroject that by its vga nature creates the
enhanced potential for unlawful eg�y. I'm willing to work on a solution but I need that
process to be made mandatory, a requirement of approval of the project. - Perhaps to be
encompassed in the so called 'IOSPMP'.
To give you a recent example: About 2 months ago, the Deputy District Attorney of
Butte County crashed in my front yard with a vehicle carrying 4 -wheelers trying to get to
my meadow and Kunkle Reservoir to ride them. Very sad and unfortunate. He passed
numerous large NO TRESPASSING signs. When that happens, you can imagine the
extent of my problems. It was in every local paper and on the News. Please help me to
be able to enjoy my retirement place without disturbance.
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Page 4
Everything is relative. To me, this is one of the smallest properties I've ever lived on.
When I bought it, I believed that the 20 ac deer herd migration limitation existed and that
there might be 'Ranchettes' near me in future years. I was unhappy with that but took a
chance. I believe in the rights of property owners and of the people. In fact, I helped
Eagle Meadows and they provide me with more protection of view shed and access to the
back of myparcel. lappreciateit. Now Ijust want to find away to make people obey.
the law and for me to be able to enjoy my parcel in retirement. -I need to provide for the
property value for the sake on my heirs. I want to stay here. I worked hard to make' it a
beautiful little place: I don't want to spend the rest of 'my life with confrontations. Please
help me.
Sincerely,
Howard R. Tugel
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Page I of I
Jolliffe, Stacey
From: TugelAg@aol.com
Sent: Wednesday, May 26,2010 12:11 PM
To: Jolliffe, Stacey
Subject: Fwd: Ingress/Egress Paradise Summit TSMOB-0006
Sorry, got E-mail address wrong I st try.
From: TugelAg@aol.com
To: Ssjolliffe@buttecounty. Net, jayoman@gmaii.com, TugeLAg@aol.com
Sent: 5/26/2010 12:08:04 P.M. Pacific Daylight Time
Subj: Ingress/Egress Paradise Summit TSM08-0006
Dear Ms. Jolliffe,
I forgot to put this item in the letter I'm sending you (and have sent you by E-mail).
Ingress/Egress points on Lindenbaum Lane: I have twoexisting points of ingrewegress.
These are gated and the roads graveled. It would seem obvious that these would be made
points of encroachment when the road plans for the PUD are made and submitted to the
County. However, you never know. One serves my home and the other my 56 ac; parcel.
Please be sure this is made a requirement of the road design plan. I don't want to make
changes and these have existed for years. Sincerely, Howard R. Tugel
5/27/2010 1
Pagel of2
Jolliffe, Stacey
From: JenniferNken [liveninparadis6@comcast.net]
Sent: Wednesday, May 26, 2010 3:13 PM
Joll
To:. iffe, Stacey
Subject: TSM08-0006 Public Hearing
Stacy Jolliffe,
Thank you for your help and'tirne the other day on the phone. I am sending you this letter
regarding the Eagle Meadows of Paradise (TSM08-0006 and PUD08-000 1) Hearing. set for
05/27/10. 1 have listed some of our concems that we would like addressed.
Thank you once again for your help.
Jennifer Aiken
May 24, 2010
Butte Coun ' ty Planning Commission,
Regarding Public Hearing,TSM08-PUD08-0001
APN # 055-300-01,3,038,099,101,102,103,109 and 055-
310-023
We would like to address a few issues'for ASMT
NUMBER 055-300-072-000 owned by Robert and
Jennifer Aiken.. We would like to know if we could get''.
access to our properties southwest corner that way we
can have physical access to our property so we may build
a home. The current access leads us to very steep slopes
that a road can not be put on. 'We'would like to keep our
access through Lago Vista as an eve ryday access point.
Since we would like to build a home we,would like to
make sure we have accessibility.to power and water.
5/26/2010
Page 2 of 2
Thank you for you time.
Robert and Jennifer Aiken
950 Pearson Road
Paradise, CA 95969
530) 872-8420
ASMT # 055-300-.072-000 (Lago Vista)
0
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TFO'handhig-th&JO UCO�1-101 6
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June: 2.,.2,0 1,0
Stacey jorliffe Principal Planner
Butte Cotinty Dept. ofDevelOpftl6fit Services
I County- Center Dri've
Orovill.e.,QN-959.65
Subjeet-.�. Paradise SurnthitTrojoct, Wys'k*o.ff & Associat
TSMO&MO6
Dear Ms..Aoll.iff�,
Ift,respotfse to this' 3 11. sijrig�.e --fam'ity t.esidt'fttiat plan he'd development, Foffer, the following.
This- is, one of1he 'biggest residenfialprc�je.ctg. that have, 'been proposedviihin the
PaYadige R-��redtion and Patk.Disttictfor- mahy years'! ah:d.if. wl 11 have.a n. i . mpact
on park,. and recreation sery - 1ces offered withinthe Wstri. ct.
kluigh.density., developmea ofthismatumshotild have. a te`creatiM and park
element.such as,. A� neighborhood park or Other rdereationarfienities. R. wouldbe
I ideal.for the tmilfsys� m, lo'connect the li-ving. �Mi s,to axecreation and -patk
.. , 0 . -te t:.*
facii I � t
Y.y. The manner in which the projec%is now. de,5ign v
�pd wil. A e?very limited.
d i ents. wJ I ha Ite a.,
xecreMion an itq5an res*d -I v.jp to� ita-vol, by. vohicle-,,qui
cl.'park servi
di'stance. w.repelvo my gavices. Thi s does not send. it good Tho.ssa9p. toA
community that, is striv'Ingto be more sustainiabl*e.
It is hol -uncom mon f4r a develop eni ofthis. sizefo.incorporate assessmentfees.
The Paradise: Recreati�n. andPark'District'has d
_evelopMe�t'impaq-t fees. that: WJJI
offset, a portion of:the.,recre6tiOq and park fac-i lity- Impar h
�t:of th- 8 pToje to the.
The District has -prde s atimand.oark.-d elopmenfthat
s.siona.) in � ight in- repre
ey
couldhieAp,this,projea moei sorne. -of the: basic recreationandpark needs and is
willing -to a�ssist,
'E:'.maWp O�i�b 4 -it' W
F ne: Y.V. W�I
,g
0 May28,2010
To: Stacey Jolliffe
Principal Planner, Current Planning Section
Butte County Dept. of Development Services
7. County Center Drive
Oroville, CA 95965
Phone: 530.538.6573; FAX 530.538.2140
Email: sjolliffe@buttecounty.net
From: Robert A. Boyle
4124 Pentz Road
Paradise, California 95969
530-8�7-4015
RE: PARADISE SUMMIT DEVELOPMENT; May 27'h Meeting Comments and June 10h Concerns
I attended the May 27 th Planning Commission meeting which addressed the above sited project.
From that meeting I took away some impressions which I feet compelled to comment on either because
1 felt the Commission did not co rn'pletely understand my position or that through the discussions made,
my position has become much more cohesive and some revisions have been made. I offer these
comments also so that the developer applicant might proactively attend to these concerns at the next
meeting instead of passively hoping that the project be rubberstamped up to the next level.
AESTHETIC STANDARDS & CCR
It seems that once this project is approved, the county has little if any say in the type of houses, sizes of
houses, and configuration of the houses or the number of design of houses. As one of the staff
members present stated, it is the task of the commission to approve the "design" of the project. That
gives the Commission much more latitude in addressing the aesthetics of this project and in my opinion
tasks them to study this element of.the project much further and in more detail.
It is clear to me that there are many aspects of the project that have not been adequately addressed, In
my mind the disagreement regarding the CCRs is moot, unproductive and divisive. The surrounding
homes were built under their current CCRs and as such establish the aesthetic boundaries which need to
be addressed. These CCRs are the standing community standards to this area whether they are deed
prescribed or not. if the development wants to challenge the specifics of these CCRs, then the burden is
upon them to show how they meet, mitigate or exceed them. This should be negotiated through a body
of community property owners that live under, administer or live nearby where these standards apply.
40
Since most of the surrounding homes and those in the city of Paradise are individually designed and
built, the developer needs to provide a mitigating plan to give this impression. In other award winning
developments this was done by providing a high Plan/Home ratio [10/50], using Negative/Positive plans,
Providing a Varied Roof Pitch line, Varying detached building locations, submitting to a commitment to
single story house ratio [7/10) and providing a mixture of non-structural exterior options. As far as I can
tell, the developer has not been required to provide any of these details as an approval element to the
design. In other developments, in other counties, this process has usually involved many community
meetings and resulted in items such as;
1. Sweeping Curved Streets,
2. Micro cul-de-sacs
3. Setback sidewalks
4. Community Park and Recreation Centers [and also an EMERGENCY STAGING AREA]
. TRESSPASSING
I am a bit concerned that the commission misunderstood my underlining comment concerning
trespassing. I am fully aware of my responsibility and intend to protect my property. The point I was
attempting to make is that this development will significantly increase the number of instances of
trespassing, will significantly increase the points of access for trespassing and as such it requires some
preventive mitigation on the part of the developer to resolve it. I believe the canal acts as a barrier to
some measure, but I would like to see controlled access. I would like to see barrier fencing for
dangerous areas. I believe PGE should be contacted with regards to their concerns ... or we can all ignore
the problem until enough Kids drown in the canal, fall off rock cliffs or drown in abandoned mines,
The other point I was attempting to make is that the primary recreational draw is Lake Oroville. The
county has the responsibility of making the public access to the lake SAFE. Currently it is not, with 300
more boats and 600 more people (in cars, on bicycles and on foot), the issue will only escalate. This
development is directly adding 700 more people attempting to reach these recreational facilities. This
development should be contributing somehow and in some way to making PUBLIC access better, easier
and safer. In that regard, I believe more Pentz Road turn outs are required, better bicycle and walking
paths are needed and bus plans need to be integrated.
i
The county also needs to recognize that without addressing the issue now with the developer's
contribution, it will only be a matter of time before SAFETY statistics will force the county to resolve the
issue on their own dime. The statistics will be revealed in more road side fatalities, Marina entrance
accidentsi highway litter, emergency vehicle responses and reported trespassing. ,
FIRE IMPACT
I am in agreement with the MASON Property owner's representative that the development seems to
establish two distinct clusters of houses. As the building code requires two means of escape from any
bedroom, logically there should be two means of escape from each cluster of the development.
I also agree with a requirement for a Permanent Standby Generator (or FUEL CELL installation). This
would not only serve the waste management needs of the development, but likewise should provide the
needed infrastructure during power outages, fire evacuations and other emergencies. An approved fire
evacuation plan needs to be developed and approved. Adequate water storage for fire suppression and
evacuation periods should be maintained. 500 gallon/household reserves should be available.
ENVIRONMENTAL SUSTAINABLITY
While solar water heaters, solar panels and other self sustaining mechanisms may not be required at
this time, many will be in the distant future. I believe that this development needs to commit to staying
current to these requirements or exceeding them throughout the building of the project. I also believe
towards this end that each house be LEEDS rated, that options be available for homeowners to seek
these improvements and that the houses built be designed to a minimum standard.
Is there a legal requirement for the developer to meet these demands? I would say probably not
specifically except that when the project is underway and these devices become "expected", the
.resultant failure of the project to meet these community standards will devalue their product and
burden the community housing prices.
DENSITY
In my opinion, the density of this development seems excessive. Aesthetically it does not match the'
40 surrounding community. The tree cover of thi s area is considerably different than in the'city of Paradise
where pines tend to disguise the density impact. This development is sited in a much different area and
can not be readily compared. The homes of lower Pentz are more exposed, have smaller trees due to
the Lava cap AND are spread out. Even with the Open Space accommodations, a 1 acre parcel size '
should be the minimum. I believe the boundary perimeter and viewable lots sizes should be even larger.
ANNEXATION
As a property owner in an "Area of Influence" of the City of Paradise I am against Annexation.
Comments made during the May 27"h meeting indicate to me that this a view shared by many of the
existing property owners surrounding the project. This development has not expressed an interest or
intent in this regard, What the development does do, however, whatever their position, is dilute my
vote in the matter from an 4:1 ratio to a 78:1 ratio. Years after the developer has moved on, those 312
similar homes with very different needs will control the vote ... unfairly to those of us here today. I would
like to see'this addressed before the matter proceeds much further. The issue came up but was not
discussed in any viable way during the last meeting.
COMMENTS and TRANSPARENCY
I would expect the developer and/or Planning department to provide a written summarization of the
items commented on through the letters submitted and the testimony made at the planning
commission meeting, I would then expect either the Planning Department staff to comment, the
Developer to comment or for the Developer to amend the project accordingly with specificity. I am a bit
0
0
distressed that my last 5 page letter and 4 hour Planning Meeting attendance was distilled down to a
few one word Power Point lines that the developer wasn't required to even acknowledge and that the
Planning Commission may have or may not have read prior to the meeting even though a vote was
eminent.
I also believe that PGE, the State Park system, Limesaddle Marina and Del Oro Water district should be
advised and asked for comments. In addition, notification to property owners south of the project along
the intertie (and adjacent properties] should be actively involved in this process.
In closing, I appreciate the opportunity to voice my concerns and make these comments with the intent
of making our community a better place to live. Please feel free to contract me with any questions.
Regards
Robert Boyle
4124 Pentz Road
Paradise, California
robid@att.net
N
May, 26,2010
To: Principal Planner, Stacey Jolliffe
Butte County Planning Commissioners
Planning Division.
7 County Center Drive
Oroville, Ca. 95965
Project: Paradise Summit Tentative Sub -Division
Map (TSMOS-0006) and Planned unit Development
From: Mark Dwight, Broker, Select Property Investments
Property Manager, speaking on - behalf of Dan Mason Owner 'of
Contiguous Property to south of purposed PUD
I 'am Sum M*iting a list of concerns with Development adversely affecting
Contiguous Property APN# 041-470-003
Commissioners,
Good morning My name is Mark Dwight I'am A property Manager of the 73 Acre
Contiguous Property io the south of purposed PUD (Planned Unit Development) an
speaking on behalf of Owner Dan Mason prop" Apn# 041470-003
I would like to express the follow concerns in regard
s to impacts of the
development, of The purposed 312 Res. Homes which appear to be catered toward
family homes.
CONCERN'S
With Miocene Canal (P.G&E Canal) and Kunkle Reservoir is a gttractive
nuisanci and Poses a Trespassing Issue, Along with A liability Issue for
both Daii Mason and P.G&E, Mitigation suggestion: There was
approximately 13001 feet of fence removed during clear operations of
subject property we 'would like it replaced, and would like to be informed of
additional measure taken to protect canal and Kunkle Reservoir, as stated
on page 28, #10 Kunkle reservoir is a p . ublic water supply, as well is the
Miocene'canal that runs the East side and South side of Propert� a �water
catch if you will. Kunkle is how ever open to public their just is no right
away for access from sub -division. I
Onsite Retention Ponds: To the south of purposed Development the design
shows the ponds approximately 100 to 150 feet off the south property line
while the sub -division is approximately 800 feet to north of the south
property line. Poses 2 problems retention pond purposed areas shown in
(diagram on page 443J south west 'and south east are near lava
outcroppings. South west retention- pond will affect ground water saturation
of soils affecting perk rates and excessive water runoff on to contiguous
property, South east retention pond at base of draw is also above lava cap
4
t
approximately 400 feet koin Miocene Canal P.G&E should be notified of
concern and asked for commit.
Mitigation Suggestion would be that retention ponds on south end of
property be no closer than. 5001 feet to south'property line.
Sincerely, Mark Dwight
Po Box 2251
Paradise CaliE'95967
(530)228-1763
s; way
63
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6'41-4 06:
May, 26,2010
To:' Principal Planner, Stacey Jolliffe
Butte County Planning Commissioners
Planninj Division
7 County Center Drive
Oroville, Ca. 95965
Project: Paradise Summit Tentative Sub -Division
Map (TSM08-0006) and Planned unit Development
From: Mark Dwigh4 Broker, Select Property Investments
Speaking on behalf Casper Breuer Previous Owner of subject. property
Commissioners,
On behalf of Casper Breuer, for the commissioners informatiodin regards to water
meters, Mr. Breuer still has 78 �vater meter hook ups left out of the original 100
purchased for this property from Del -Oro Water co. I was not sure any one was
aware of these Water hook ups. (note page 33 #21311 additional service connections
needed) they are available and ' according to Bob Fortino, Del Oro Water they are
ready to serve them, Mr.. Breuer would like to sell them.
Sincerely, Mark Dwight
Po Box 2251
Paradise Calif. 95967
(530)228-1763
E-NWL I.Coill
. . .. .......... .... ... . . ... .......... ..... ........ ....
May, 26,2010
To: Principal Planner, Stacey Jolliffe
Butte County Planning Commissioners
Planning Division
7 County Center Drive
Oroville, Ca. 95965
Project: Paradise Summit Tentative Sub -Division
Map (TSM08-0006) and Planned unit Development
From: Mark Dwight, Broker, Select Property Investments
First off I want to say that I think land development is great, generates jobs, gives
families a place to live and grow. Adds a lot of revenue to local economy on a lot of
levels, However I fear that they may have missed their market here in designing a sub-
division were lots cater to 2 storey home (width of lots 65' Feet) in a area promoted as a
Retirement A Community.
And secondly the deer herd corridor that has been requested by DFG.(Department of
Fish and Game) Cuts the sub -division in half and creates a fire danger, if we were to have
a Fire come up the canyon or start on the property, the southern end of sub -division needs
a alternative wrought out. The D acre property to south could offer that as a easement or
property purchase all or part Consider it a safety issue, and or a emergency access
corridor Ingress or egress.
Sincerely, Mark Dwight
Broker, Owner
Select Property investments
Po Box 2251
Paradise CaliE 95967
(530)228-1763
E -Mail: Mark.Dwight@hotniaT1.coi-n
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4 Jolliffe, Stacey
Fro Ivicureenan, Al Lamcg enan(_cDiownoTparac1ise.comJ
Sent: Friday, June 04, 2010 1:06 PM -
To: Snellings, Tim; Thistlethwaite, Charles; Jolliffe, Stacey; Crump, Mike; Morris, George
Cc: Rough, Chuck; Jensen, Chris; Gill, Lauren; Buzzard, Chris; Schmidt, Dennis; Ivey, Dennis;
McGreehan, Al; Baker, Craig
Subject: Additional Town Comments Regarding the Paradise Summit TSM/PUD Project & its Related Proposed
Environmental Document
Attention Butte County Staff:
On Behalf of the Town of Paradise, I thank the county staff and the Butte County Planning Commission
for endorsing and continuing the public hearing regarding the above -noted subject until June 10, 2010,
and in order to afford the Town of Paradise more time to study and generate a more comprehe nsive
commentary response on this matter. Town staff has completed its further analysis of this project and
its proposed environmental document. On behalf of the Town of Paradise, the town staff hereby offers
the following comments, observations, and recommendations to the Butte County staff and the Butte
County Planning Commission:
A. Proposed Environmental Document:
.1) Given the project location and its related road access & egress means to services and amenities
(Feather River Hospital, commercial shopping centers, etc.) located within the Town of Paradise,
the project's traffic analysis lacks an appropriate scope of analysis. At minimum, this traffic
study also needs to include an accounting of the project's impact upon the "level of service" of
the Pearson Road/Clark Road intersection as well as the segment of Pearson Road linking Pentz
Road to Clark Road. This additional analysis is germane because the current traffic study
indicates that 75% of the project induced traffic volumes will travel north into the Pentz
Road/Pearson Road intersection and westerly toward the Pearson Road/Clark Road intersection.
A traffic study that was performed for the Town's proposed drift "Southeast Paradise Area
Specific Plan" indicated that traffic volumes measured during 2008 discerned that a "level of
service D" exists upon a segment of Pearson Road between Clark Road and South Libby Road
and that projected future traffic volumes would cause this existing level of service to diminish to
a level ("E" and/or "F") that is in conflict with Paradise General Plan policy. Thus, it appears that
the proposed project will contribute a traffic impact upon an important portion of the town's
road system; and it needs to be further addressed and mitigated as an addendum to the current
,environmental document for the proposed project.
2) The proposed project's current environmental document advocates that the project will result
- in a "less than significant impact" upon the Butte County Sheriff's department ability to provide
police protection. Its impact discussion simply states that the Butte County adopted
development impact fees to be collected at the time of project build out will reduce the project
impact upon the services of the Butte County Sheriff to a less than significant level. However,
the text discussion provides no analysis related to the manner (i.e. nearest sheriff station,
response time, patrol shift coverage, etc.) by which police protection services are currently
provided to this project area by the Butte County Sheriff and the actual nature of project's
impact upon these services.
3) The proposed project site property is located in close proximity (1/5 mile distance) to the town
limits and this area is primarily served fire protection and medical aid assistance via an
6/4/2010
40
Page 2 of 2
automatic aid agreement between the Butte County Fire Department/Cal FIRE and the Town of Paradise.
This agreement arrangement is currently undergoing negotiated changes and shall be soon pending
presentation and proposed adoption by the Butte County Board o ' f Supervisors and the Paradise Town
Council. As stated previously, this issue is important to our respective agencies. Moreover, and in
relation to this matter, town staff has identified concerns with the text languagewithin the project's
proposed environmental document concerning impacts and mitigation measures primarily relating to
the issues of "wildfire hazard & fire protection" and "fire services funding". At minimum, the mitigation
measures designed to address these two issues (i.e. mitigation measures # 81 18, and 19) should be text
amended and agreed upon by the project applicant and before environmental document certification by
the Planning Commission to include the Town of Paradise Fire Department as a key participant that
reviews, approves, and monitors these respective mitigation actions and particularly associated with: a)
the project's "fuel modification plan", b) "fire services funding", and c) "wildfire disclosure".
4) By reference, and via our agency e-mail communication to you dated May 26, 2010, and which you
acknowledged for public record receipt and'shared with both the Butte - County Planning Commission
and the project applicant we again recommend that you replace the text language to proposed
mitigation measure #18 as previously stated within said e-mail communication.
Again , we thank you and the Butte County Planning Commission for not only continuing the public
hearing'but also affording this additional time to generate and submit this further commentary on this
subject. Lastly, it is requested that you kindly acknowledge your receipt of this e-mail communication via
an e-mail response and make arrangement to share this submittal with the project applicant and the
Butte County Planning Commission.
Sincerely,
tpL
Al McGreehan
Community Development Director
Town of Paradise
5555 Skyway
Paradise, CA 95969
530-872-6291 -
530-877-5059 (FAX)
6/4/2010
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Document Details Report
State Clearinghouse Data Base
SCH# 2010042086
Project Title Paradise Summit TSM08-0006 and PUD08-0001
LeadAgency Butte County
Type IYIND Mitigated Negative Declaration
Description The project requests a tentative subdivision map to divide a +/- 333 acres composed of 8 AIDN's into
213 single family residential -parcels varying in size from 8,738 sf to 3�,099 sf, and various lots for
open space uses. The tentative subdivision map is being processed concurrently with an application
for rezone of the site to Planned Unit Development (PUD) to allow for clustering of the 312 residences
within a +1- 137 acre area of the site, while preserving +1- 195 acres as open space, to help protect
sensitive resources and as an amenity to the subdivision.
Lead Agency Contact
Name Stacey JoIlliffe
.Agency Butte County
Phone 530-538-6573 Fax
email
Address 7 County Center Drive
City Oroville State CA Zip 95965
Project Location
County Butte
city
Region
LatlLong
Cross Streets Pentz Rd at Llndenbaum Ln and Lago Vista Wy
Parcel No. 055-300-099, 013, 038, 101, 102,
Township Range Section Base
Proximity to:
Highways Skyway
Airports
Railways
Wa terways
Schools
'Land Use Vacant/AR-Ag Residential I and 2.5 acre lots/LDR and AR
Project Issues AestheticNisual; Agricultural Land; Air Quality; ArchaeologIc-HIstoric; Biological Resources;
Cumulative Effects; Drainage/Absorption; Flood Plain/Flooding; Forest Land/Fire Hazard;
Geologic/Selsmlc; Landuse; Minerals; Growth Inducing; Noise; Population/Housing Balance; Public
Services; Recreation/Parks; Schools/Universities; Soll Emsion/Compaction/Grading; Solid Waste;
Toxic/Hazardous; Traffic/Circulation: Vegetation; Water Quality; Water Supply; Wetland/Rlparian;
Wildlife
Reviewing Resources Agency; Department of Fish and Game, Region 2: Cal Fire; Office of Historic Preservation;
Agencies Department of Parks and Recreation; Department of Water Resources; California Highway Patrol;
Caltrains, District 3-, Regional Water Quality Control Bd., Region 5 (Redding); Department of Toxic
Substances Control; Native American Heritage Commission
Date Received 04/27/2010 , StartofReview 04/27/2010 EndofRoview 05/26/2010
Note: Blanks in data fields result from. insufficient Information provided by lead agency.
Page I of 2
Joiliffe, Stacey
From: McGreehan, A[ [amcgreehan@townofparadise.com]
Sent: Wednesday, May 26, 2010 4:31 PM
To: Snellings, Tim; Jolliffe, Stacey; Thistlethwaite, Charles
Cc: Jensen, Chris; Rough, Chuck; Baker, Craig; Buzzard, Chris; Ivey, Dennis-, Gill, Lauren
Subject: Paradise Summit TSM/PUD Project
Good Afternoon Tim.& Stacey:
This e-mail is being sent on behalf of the Town of Paradise in regards to the above -noted development
project application that is scheduled for public hearing before the Butte County Planning Commission
this Thursday, May 27, 2010. Town staff is thankful that Ms. Stacey Joliffe, Principal Planner, of your
staff sent us an e-mail communication this past Monday regarding this scheduled public hearing agenda
item and identified a means for town staff to avail themselves to review the Butte County staff repor t
and related information materials (i.e. proposed mitigated negative declaration and related initial study,
etc.) that has been prepared relative to this proposed project. Frankly, had not town staff received this
recent communication from Ms. Joliffe, we would not have known about this scheduled public hearing
in a timely manner, particularly since our records Indicate that the Town of Paradise did not receive any
notification of availability for public review of the project's proposed environmental document. Given
the relatively short notification and access afforded to town staff to review and address your staff report
and related proposed environmental document concerning this proposed development project that is
located approximately 1/5 mile south of the town of Paradise, town staff., on behalf of theTown of
Paradise hereby offers the following recommendations to Butte County staff and the Butte County
Planning Commission:
1) The proposed project site property is located within an area of the unincorporated county that
is in close proximity to the town limits and this area is primarily served fire protection and
medical aid assistance via an automatic aid agreement between the Butte County Fire
Department/CAL FIRE and the Town of Paradise, an agreement. arrangement that is currently
undergoing negotiated changes and shall be soon pending presentation and proposed adoption
by the Butte County Board of Supervisors and the Paradise Town Council. This issue is Important
to our respective agencies. Moreover, town staff has briefly identified concerns with the text
language within the project's proposed environmental document primarily relating to the issue
of "fire services funding".
2) Given the above stated circumstances, at minimum, town staff, on behalf of the Town of
Paradise, requests that the Butte County Planning Commission continue this public hearing
agenda item to a later date and time in order to afford our agency more time to thoroughly
review, analyze, and prepare detailed response to you concerning this proposed project. In
addition, it Is recommended that the current proposed mitigation text language regarding the
issue of "fire services funding" associated with this project be amended to be agreed upon by
the project applicant and before certification by the Planning Commission to read as follows:
Mitigation Measure #18—
"Prior to recordation of the First Final Map, a fire'services funding plan shall be submitted to and
approved by Butte County Fire Department/CAL FIRE and the Town of Paradise Fire Department. The
fire services funding plan shall specify how adequate fire services, meeting response times specified In
the Standards of Response Cover Study for the Butte County Fire Department dated November 30,
5/26/2010
Page 2 of 2
2007, will be achieved and made timely commensurate with the phased build -out services demand of the
project. The developer must fund the establishment and participate with/in a Benefit Assessment District (BAD),
a County Service Area (CSA), a mello-roos based Community Facilities District (CFD) or other Department of
Public Works approved funding entity with terms and conditions acceptable to the Director of Public Works prior
to recordation of the First Final Map and all other project phased Final Maps. The entity formation process will
require the Developer to fund a proportionate share of service until the beginning of the first fiscal year in which
service (or assessment) charges can be collected for the entity, and agree to an annual maximum service or
assessment) charge to ensure continued funding for fire services".
3) Although minor and not directly germane'to the Town of Paradise, town staff identified a few incorrect
text statements within the proposed project environmental document that merit your attention and are
as follows:
The last sentence of the paragraph on Page 110 of the Initial Study and under the subject heading of "Setting -
incorrectly reads: "The project site is not located with an existing Park District".
Text of the first sentence on page 112 of the Initial Study and concerning item "e) Less Than Significant impact"
should be corrected to read: "The project is within the Paradise -Recreation and Park District".
Lastly, it would be most appreciated if you would kindly acknowledge your receipt of this e-mail communication
via an e-mail response and make arrangements to share this recommended request with the Butte County
Planning Commission.
Thanks and Sincerely,
9
Al McGreehan
Community Development Director
Town of Paradise
5555 Skyway
Paradise, CA 95969
530-872-6291
530-877r5O59 (FAX)
UK-111OXOR11
TO:
FROM:
SUBJECT:
BUTTE LOCAL AGENCY FORMATION COMMISSION
1453 Downer Street, Suite C- 0 Croville, California 95965-4950
(530),538-7784 0 Fax (530)538-2847 0 www.buttelafco-oTg
MEMORANDUM
Mark Michelena, Senior Planner, Butte County Planning Division
Stephen Betts, Deputy Executive Officer (x 715 1)
TSM 08-0006 (Paradise Summit/Wyckoff), APNs 055-300-013, 055-300-099, -
038, -101, -102, -103, -109, 055-310-023
DATE: September 9, 2008
The project parcels are located within the boundaries of the following local agencies (Tax Rate
Area 093-023):
Paradise Cemetery District
Butte County Mosquito & Vector Control District
Paradise Park & Recreation District
Paradise Unified School District
Butte Community College District
County Service Area No. 164 (Animal Control District)
Butte County Resource Conservation District
NOTE: 1. PLEASE DIRECT TO LAFCO A COPY OF THE ADVISORY
AGENCY PUBLIC HEARING NOTICE AND STAFF REPORT
FOR THIS PROJECT WHEN COMPLETED. .
2. PURSUANT TO CEQA GUIDELINES SECTION 15073, PLEASE
PROVIDE TO LAFCO AS AN ANTICIPATED RESPONSIBLE
AGENCY, THE NOTICE OF INTENT TO ADOPT A NEGATIVE
DECLARATION WITH A COPY OF THE PROPOSED NEGATIVE
DECLARATION AND INITIAL STUDY ATTACHED.
3. PLEASE ENSURE THAT OUR COMMENTS AND CONERNS
LISTED BELOW ARE NOTED AND ADDRESSED IN THE
INITIAL STUDY AND IN THE PLANNING COMMISSION STAFF
REPORT.
Please accept the following comments concerning the above referenced project:,
I The applicant's project description states that wastewater disposal for the project would
be handled by an on-site community system, which is proposed to be maintained and
operated by a Homeowner's Association, along with other -community facilities (private
Mark Michelena
September 9, 2008
Page 2 of 3
roadways, storm water disposal, public common areas (park landscaping and irrigation),
open space and trail system).
If operation/maintenance of the community facilities for the proposed development is
proposed to be provided through annexation to an existing local agency or by a formation
of a new local agency, such as a CSA or a community services district (CSD), LAFCo
review and approval will be required. LAFCo, as the authorizing agency for an
annexation or formation, should be consulted early to allow for a meaningful analysis of
the issue prior to County consideration of the development application. This early
coordination will allow for the anticipated LAFCo action to be fully integrated into the
project review process and should result in the proposal being:
A. Fully described in the project description; and
B. Fully addressed in the appropriate environmental documents; and
C. Circulated to LAFCo for review as an agency with� an approval role; and
D. Fully integrated into the public hearing process.
The absence of this early coordination andfailure to address the LAFCo related issues as
described may require additional environmental review and related studies at such, time
an annexation1formation is requested resulting in unnecessary costs and delays. It
should be understood that such a request would be reviewed based on state law and local
LAFCo policies which are clearly directed at maximizing service efficiencies,
minimizing the creation of new governmental entities, limiting urban sprawl and
directing new development to areas with existing urban service providers.
If the County proposes to create a new CSA/CSD to provide servicesto the.project, A
Municipal Service Review (MSR) and Plan for Services for the CSA/CSD would need to
be prepared by the County and reviewed and approved by LAFCo. The MSR would be
used to determine what type of services the CSA/CSD is expected to provide and the
extent to which it is expected to do so. As an alternative to a CSA/CSD, the County
could form a Landscaping and Lighting District or a Benefit Assessment District to
provide urban services to the project. These types of districts do not require LAFCo
review or approval.
P.1ease note that if a new CSA is proposed to be formed, LAFCo will require that the
proposed CSA budget include in it an annual payment to LAFCo to fund a sphere of
influence review and a municipal services review for the CSA, which is required to be
accomplished by LAFCo once every five years. We request that the County consult with
LAFCo to determine the appropriate level of funding prior to the County conducting the
Proposition 218 proceedings.
2. The project is located within the Town of Paradise's Sphere of Influence. The project
may also be within the Town's proposed Southeast Paradise Specific Plan Area.
Consultation with the Town (as described. in County General Plan Land Use Element
Policies 1.2, 1.5, 1.6) is encouraged to promote coordinated planning within the southern
Mark Michelena
September 9, 2008
Page 3 of 3
portions of Paradise and ensure development is consistent with Town of Paradise
development standards. The County should ensure that the Town of Paradise is"provided
an opportunity to comment on this proposal. LAFCO policies discourage urban
development without anne ' xation to a city that can provide a full range of urban type
services. If a LAFCO action is required to implement this project (such as annexation
tolformation of, a district), strong consideration will be given to the ability of the project
to conform to City standards and regulations.
3. The project description states domestic water will be provided by the Del Oro Water
Company. This company has voluntary water rationing in effect and must obtain water
from the Paradise Irrigation District during periods of drought. The initial study that the
County will prepare for this'project should include a thorough analysis of Water
availability from the Del, Oro Water Company.
4. According *to Butte County' GIS data, the project site is located in a Very High Fire'
Hazard area. The project will result in additional significant impacts to the Butte County
Fire Department/Calfire. The recent wildfires in Butte County attest to this agency's,
difficulties in providing adequate fire protection services during wildfire events.
Additionally, during the evacuation of portions of Paradise, Pentz Road was the only road
that could be utilized by evacuees, which resulted in significant delays in the evacuation
of Paradise. 'The initial study for this project should thoroughly evaluate the ability of the
Butte County Fire Department/Calfire to provide adequate fire protection services to the
new -dwellings on the project site while still maintaining exiting service levels and on the
project's impact on,the evacuation of Paradise.
Thank you for the opportunity to review the above referenced projects. If you have any
questions regarding these comments please do not hesitate to call me (x 715 1).
0
N NY
aradise An Independent Special District Serving Your Community
ecreation Mike Thnca
& Park Enhancing the Quality of Life District Manager
District Through People, Parks, and Recreation
September 4, 2008
Mark M ichelena -
Butte County Planning Division
7 County Center- Drive
Oroville, CA 95965
Dear Mv. Michelena,
In response to the land use application submitted by Scott Wyckoff for the Paradise Summit
Project for the development of 330 lots off Pentz Road south of tile Town of Paradise, Project
#TSM08-0006, I offer the following comments:
• A.deve.lopment of this size would have a huge impact on recreation and park services.
offered in the Paradise area.
• The project description on page 3, references a park site, but no area was identified on tile
site map of the location of this park.
No road access or parking forthe mentioned park is identified on the site map at this
time; it would be assumed that there is no serious thought of developing a park aind
recreation facility at this site.
A park and recreation area constructed by the developer and maintained by a Home
Owners' Association as mentioned oil page 3, is an excellent plan but needs to be
identified in detail prior to this project being approved.
There are no public park and recreation facilities owned and operated by the Paradise
Recreation and Park District neau this planned development site.
Pleas give me a call if you have any questions about my response or other concerns you may have
about recreation and park impacts of this project. Also, I would like to be kept informed of the
environmental process of this project.
Thank you for the opportunity to respond to this planned development,
Sincerely,
M 4e Trinca
District Manager
MT/cc
6626 Skyway * Paradise, CA 95969
Phone (530) 872-6393 a Fax (530) 872-B619 9 E-mOi prpd@sbcglobal.net - www.paradiseptpd.com
Linda S. Adams
Secretary for '
Environmental Protection
California Regional Water Quality Control Board
17 September 2008
Central Valley Region
Karl E. Longley, ScD, P.E., Chair
415 Knollcrest Drive, Suite 100, Redding, California 96002
(530) 224A845 - Fax (530) 2244857
http:/Iwww waterboards ca gov/centralvalley
Mark Michelena
Butte County Department of Development Services
Planning Division
7 County Center Drive
Oroville, CA 95965
SEP, 18 2008
DEVELOP.��
4,. SERVICES
COMMENTS FOR TSM08-0006, SCOTT WYCKOFF, SOUTH OF THE TOWN OF
PARADISE, BUTTE COUNTY
The Regional Water Board has received and reviewed tentative subdivision map 08-0006 for
the development of 330 single-family lots on approximately 167 acres (330 acres project total)
just south of the Town of Paradise. The Regional Water Board has the following comments:
Waste Discharae Reauirements,
Waste Discharge Requirements (WDR) will be required for the community wastewater,
disposal system.. The Regional Water Board had a meeting with the applicant and their
consultant b1n 25 April 2008 regarding the community wastewater disposal system. A
Preliminary Wastewater Capacity Assessment was submitted to the Regional Water Board on
10 September 2008; the Regional Water Board will be reviewing the document and providing
comments at a later date. The applicant is. aware that WDR are required and that the
Regional Water Board has 140 days to issue the WDR once a complete Report of Waste
Discharge is submitted.
Construction Storm Water Permit I -
Based on the project description, it appears that grading and/or other soil disturbing activities
will occur. In order to protect water quality during construction, appropriate storm water
pollution control measures must be implemented. If construction activities result in a land
disturbance of one or more'acres, the project will need to be covered under the General
Construction Storm Water Permit (Order No. 99-08-DWQ). The permit requires that a Storm
Water Pollution Prevention Plan (SWPPP) be prepared prior to construction activities. The
SWPPP is used to identify potential pollutants (such as sediment and earthen materials,
chemicals, building materials, etc.) and to describe best management practices that will be
utilized to eliminate or reduce those pollutants from entering surface waters.
Army Corps of En�ineers and State Water Quality Certification
The proposed project may require a §404 permit from. the U.S. Army Corps of Engineers and
§401 Water Quality Certification from the Regional Water Board. The Federal §404 Permit is
required for activities involving a discharge (such as fill or dredged material) to waters of the
,United States. "Waters" include wetlands, riparian zones,, stream beds, rivers, lakes, and
oceans. Typical activities include any modifications to these waters, such as stream
California Environmental Protection Agency
Recycled Paper
Mark Michelena 2 17 September 2008
Butte County Department of bevelopment Services
crossings, stream b�nk modifications, filling of wetlands, etc. These projects also require a
water quality certification (per §401 of. the Clean Water Act),verifying that the project will not
violate state water quality standards. If required, the §404 permit and water quality
certification must be obtained prior to site disturbance. The Army Corps of Engineers contact
for Butte County is Mr. Brian Vierria (916) 557-7728.. An application for the §401 Water
Quality Certification is available from'our office.
Isolated wetlands not covered by the federal Clean Water Act
Wetlands not covered by the Clean Water Act are known as "isolated wetlands." If it is
determined that isolated wetlands exist at the, project site and the project impacts or has
potential to impact the isolated wetlands, a Report of Waste Dis ' charge and filing fee must be
submitted prior to commencing the construction activity. The Regional Water Board will
consider the project information and either issue or waive Waste Discharge Requirements'.
For additional inf - ormation regarding -Waste Discharge Requirements contact me at
'Constructi I Storm Water Permit,
(530) 224-3249. For additional information regarding.the on
§401 Water Quality Certification, and/or Isplated,Wetlands contact Scott Zaitz of our office at
(530) 224-4784,
Jacqueline Matthews
Environmental Scientist
JMM-. knr
cc: Scott Wyckoff, Stockton
Eagle Meadows of Paradise 320 LLC, Stockton
Todd Simmons, NorthStar Engineering, Chico
Butte County Environmental Health Department, Oroville
Scott Zaitz, RWQCB, Redding
WGIerical Documents\SA—CorrespondenceWatthewsJ\Sep 2008\Response to TSMOS-0006. 17 Sept 08 doc
California Environmental Protection Agency
Recycled Paper
0
0
September 8, 2008
liv -0. 9" n A7
:all or la'05
Butte County Department of Development Services
Attention: Mark Michelena
7 County Center Drive
Oroville, CA 95965
SUBJECT: Paradise Summit Tentative Subdivision Map Application by Scott Wyckoff /
Eagle Meadows of Paradise, TSM08-0006, APN 055-300-099, 038, 101, 102,
103, 109, 055-310-023.
Dear Mr. Michelerla:
Thank* you for the opportunity to review the above -referenced tentative subdivision map
application. I would like to submit the following comments regarding the proposed project.
The Paradise Irrigation District (PID) Board of Directors has now authorized emergency water
transfers to Del Oro Water Company for two consecutive years. It is our opinion that water
supply should be guaranteed and secured, sufficient to provide for this project and the existing
Del Oro water system customers, before building permits are issued for the proposed subdivision.
From PID's evaluations existing water levels in Lake Oroville raise concern that the Del Oro
Water Company Lime Saddle intake may not be low enough to draw water under all future Lake
Oroville water elevations. If this intake is exposed, water from the Lime Saddle water treatment
plant would be unavailable. This is a significant issue and should be verified.
Please contact me at 877-4971 if you have any questions or comments regarding this matter.
S cerely,
1-/ V
George Barber
District Manager
Cc: Mark Adams, NorthStar Engineering
Scott Wyckoff
At McGreehan, Town of Paradise
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R2 RECORD DATA PER MAP BM 121L AT PAGE 82-M
NOTE- FEE SHOWN HEREON ARE ONE) OtSTANCES.
TO OBTAIN OWED DISTANCES ONCE GROUND DISTANCIES SHOWN
ON FEE BY 1.000DW
R3 RECORD DATA PER MAP BOOK 173. AT PAGE 40
NUM R3 DISTANCES SHOWN HEREON ARE ORID DISTANCES.
TO OBTAIN ORD DISTANCES DFWDE OROUNDI DISTANCES SHOWN
ON R3 BY JTOOM
R4 RECORD DATA PER MAP DOOK IOB. PAGE 54. DISTANCIES ARE
ASSUMV) TO BE ORIO
DISIRACES RECORD DATA OR CAUC"TED AND/OR
MEASURED DATA THAT MATCHES RECORD DATA
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RECORDER'S STATEMENT -
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FOR
EAGLE MEADOWS OF PARADISE 320 LLC
A CALIFORNIA UM17M LIABILITY COMPANY
BROM CAP IN MOUND OF ROCIS
BEING A PORT10N OF SECTION 31, TOWNSHIP
WITH PADDLE SION, SECTION CORMER
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COUNTY OF BUTTE STATE OF CALIFORNIA
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BUTTE COUNTY GRAND JURY REPORT 2008/2009
WILDFIRE & SAFETY CONSIDERATIONS
FOR BUTTE COUNTY GENERAL PLAN 2030
SUMMARY
The wildfires in the foothills of Butte County during the summer of 2008 were the most severe
in recent history. Some of the grim statistics were:
60,000 acres burned
200 homes lost or heavily damaged
One fire related death reported
Injuries to fire personnel
By some miracle, the Humboldt Fire Incident did not cross the West Branch of the Feather
River. Had this occurred, property damage could have been huge and thousands of lives could
have been threatened in Paradise and the Upper Ridge.
Three of four major evacuation routes south from Paradise, Skyway, Neal and Clark Roads,
were closed due to heavy smoke and fire. The fourth evacuation route, Pentz Road, was
jammed with single -lane traffic, making the trip from Paradise to Highway 70 nearly three
hours long.
Forest Route 171 north of Magalia, currently does not qualify as a viable evacuation route. This
route includes ten miles of dirt road between Inskip and Butte Meadows. Even if upgraded as
planned, this route will not be classified as an evacuation route. Additional evacuation routes
are necessary.
The Grand Jury recommends that affected communities come together to form a Benefit As-
sessment District to address their safety needs.
While this report focused on the areas affected by the 2008 wildfires, the Grand Jury is equally
concerned about other communities in the Butte County foothill areas, including Cohasset,
Berry Creek, Forbestown, Forest Ranch, and others.
Butte County is in the process of developing General Plan 2030 to direct the growth of the
County for the next two decades. It is imperative that safety considerations be adequately ad-
dressed in the referenced General Plan.
GLOSSARY
BCGP2030 - Butte County General Plan 2030
BCBS - Butte County Board of Supervisors
BCAG - Butte County Association of Governments
45
BCOES - Butte County Office of Emergency Services
Upper Ridge - areas above Paradise, including Paradise Pines and Magalia
Benefit Assessment District - A benefit assessment places an annual levy on property that re-
ceives a "special benefit" from the assessment.
BACKGROUND
The foothill areas east of Highway 99 in Butte County are especially prone to disastrous wild-
fires. In the summer of 2008, Butte County experienced one of the worst wildfire seasons in its
history. Many citizens lost their homes, and many had a difficult time evacuating from areas
under immediate threat of fire.
It is the responsibility of the Butte County government and individual citizens to be prepared,
and plan for any action necessary to limit the danger created by wildfires. It is important to in-
corporate these safety requirements into BCGP2030. The unpredictability, intensity, and loca-
tions of the 2008 wildfires near the towns of Magalia, Paradise, Concow, and Forest Ranch em-
phasized the critical shortcomings of the area's readiness for extreme.fire situations. . I
The major problems discovered as a result of the 2008 fires were limited evacuation routes and
lack of compliance by the public concerning fire prevention regulations.
APPROACH
The Grand Jury reviewed the BCGP2030 and interviewed several Butte County Supervisors,
BCAG, Butte County department directors, managers, employees of fire and emergency ser-
vices departments, and informed, concerned citizens. The Grand Jury concentrated on safety
issues, evacuation possibilities in high fire -danger areas, and how the experiences from last year
can be incorporated into BCGP2030.
DISCUSSION
Paradise and the Upper Ridge have about 50,000 residents. It is a beautiful place to live with
many desirable features such as:
Clean air
Secluded forest setting
Above the fog line
Nice views ,
Light snow in the winter
E
46
Thereare less -desirable safety related featur6s that must be considered ''when living on the
Ridge such as:
Limited water supply, including emergency water supply
High population density
Vast amounts of fire fuel on steep terrain
Earthquake and flood concerns related to Magalia Dam
Limited, number of emergency evacuation routes
Development of a General Plan.
Each county in California is required by the state to develop a general plan for its future growth.
Butte County has responded by initiating BCGP2030, which will govern the development of
Butte County for the next twenty years. BCGP2030 is being prepared as a comprehensive up-
date by Butte County Development Services, in cooperation with most departments of Butte
County, the Citizens Advisory Committee, and individual citizens. Final approval of the plan
rests with the BCBS.
There are specific land use requirements for specific unincorporated paris of the County.
BCGP2030 is divided into thirty four functional'are'as called Preferred Land Use Alternatives
(PLUA). Each area is being analyzed by many different agencies. In addition, information is
being gathered from citizen comments at public meetings.
It is in the opinion of this Grand Jury that there is a need to modify some parts of BCGP2030 to
pay specific attention to safety requirements for citizens of Butie County. A moratorium on all
multi -home development in fire -prone areas is recommended until all fire safety, traffic, and
emergency water supply issues are resolved.
The Upper Ridge currently has approximately 18,000 residents; however there i§.only one vi-
able southbound evacuation route from Magalia over Magalia Dar�. The road over the' Dam is
one lane in each direction and has width limitations.'In the case of an accident on the Dam, traf-
fic would be disrupted. Current building requirements state that a minimum of two exit roads
should be provided from any developed area.
Summary of Foothill Roads,
As outlined in the road index in Appendix A and Table I below, all roads out of Paradise and
the Upper Ridge, with the exception of Skyway below Paradise, have significant constraints,
limiting their use as evacuation routes during a major event, especially another event of multi-
ple fires. Even Skyway was closed during the summer 2008 fires due to fire and smoke.
Constraints include:
A single lane per direction
Moderate to sharp curves
Inadequate shoulders for parking disabled vehicles
No surfacing to limited gravel surfacing
4T
E
Fire hazard areas adjacent to the shoulders, due to dense fire fuel and steep slopes,
which increases the fire danger and the possibility of being closed due to fire and or
smoke
Even if passable, most of the roads have serious capacity limitations. A convoy of cars traveling
bumper to bumper will necessitate all 'Vehicles traveling the speed of the slowest vehicle in front
of them. For example, Coutelenc Road has two sharp bends with a speed limit of 20 mph. A
vehicle traversing the bends on this road will need to�slow to 20 mph and, by chain reaction, all
following vehicles on the entire length of the road will be forced to slow to 20 mph. Circum-
stances that may slow the chain of traffic are: merging traffic, disabled vehicles, and.temporary
closures to accommodate emergency vehicles. As an example, during the 2008 summer fires,
all vehicles exiting Paradise and the Upper Ridge were directed to use Pentz Road, which has a
posted speed limit of 40 mph. It took three hours for vehicles to travel from tl�e intersection of
Pentz Road and Skyway to Highway 70, aidistance of about eleven miles. This is an effective
speed of approximately 4 mph.
Evacuation Routes from Paradise
Paradise currently has approximately 30,000 residents. There are four available southbound
evacuation routes from Paradise, Skyway, Neal, Clark and Pentz Roads. There are no adequate
northbound evacuation routes.
During the Humboldt Fire Incident, Skyway, Neal and Clark Roads were closed to all civilian
traffic. This left only Pentz Road available for evacuation, with only one southbound lane being
usedAt took three hours to travel eleven miles from Paradise to,Highway 70. Pentz Road has
limited emergency pull off areas for temporarily parking disabled vehicles.
Skyway below Paradise is an existing high capacity road. If the fire fuel was remoVed in a few
areas ad . acent to the road between Paradise and Chico, and'the grassed median and shoulders
J
were disked in the late'spring each year, the availability of this high capacity evacuation route
would be improved.
Evacuation Routes from the Upper Ridge
The condition of Skyway between the Magalia Dam and Clark Road is a constraint for vehicles
attempting to evacuate the Upper Ridge going south. It should be improved by widening the
shoulders and removing adjacent fire fuel.
There is no northbound evacuation. route from Magalia, except Forest Road 171, which in some
spots is passable by four-wheel drive vehicles only. Forest Ro ' ad 171 is planned for upgrade '
starting in 2009. It is planned as a recreational access road only, not an evacuation route. The
road is in a high fire -danger area and may not be available to use as an evacuation route. in ad-
dition, the road capacity is limited and when completed as proposed, Forest Road 171 will have
a speed limit of 25 to 30 mph. A convoyof vehicles trying to evacuate Inskip, Stirling City, and
the Upper Ridge on Forest Road 171 will most likely not be able to travel faster than 15 to 20.
mph. Thus, the evacuation of 18,000 residents could take up to several hours.
48
Table 1 Paradise and Upper Ridge Road Index
Road
From /To
Conditions
Evacua-
tion Route
Mile
Lane
Shoul-
Speed
Fire
s
s
Paving
ders;
Curves
(MPH)
Haz-
'Potential
(out)
ard
Exit Routes From Upper Ridge
r Forest Highway
Inskip to Butte
moder-
171 (current)
Meadows
9.6
One
Dirt
none
ate to
5.40
High
Not viable
sharp
Forest Highway
Inskip to Butte
As-
moder-
171 (future)
Meadows
9.6
'One
phalt
?
ate
25-30
High
Low
Butte Mead-
sharp to
Humboldt
ows to High-
5.3
One
As -
None
moder-
20
High
Low
way 32
phalt
ate
Magalia Dam
Skyway
to junction
1.6
One
As-
none-
moder-'
25-30
High
Moderate
with Clark
phalt
narrow
ate
Skyway near
DeSabla to
Dirt w/
sharp to
boe Mill
Highway 32
7.2
One
none
moder-
5.-20
High
Moderate
(via Powellton
rocks
ate
and Garland)
Centerville
Skyway near
4 mi.,
lower Honey
Nimshew to
17
One
gravel/
none
sharp
5.-20
High
Low
Run
Chico
As-
phalt
Skyway
Coutelenc
(Lovelock) to
7
One
'As-
none-
2 -sharp
20-30
High
Low to
Skyway (Old
phalt
narrow
Moderate
Magalia)
Jordan Hill
Coutelenc to
17
One
Dirt
none
sharp
5.-10
High
Not viable
Highway 70
Connects Jor-
Concow
dan Hill to
1
One
As -
none
moder-
25
High
Moderate
Highway 70
phalt
ate
Exit routes From Paradise
Skyway
Paradise to
10
Two
As-
wide
gentle
55
Low
High
Chico
phalt
Skyway to
As-
Honey Run
Chico
.11
One
phalt
none
sharp
15-20
High
Not viable
Skyway to
As-
noneto
moder-
High
Neal
Highway 99
8
0 . ne
phalt
narrow
ate
35
to
Moderate
Low
Clark
Skyway to
9.5
One
As-
noneto
moder-
'45
High
to
Moderate
Durham Pentz
phalt
narrow
ate
to high
Low
Skyway to
As-
noneto
moder-
High
Pe ntz
Highway 70
11
One
phalt
narrow
ate
45
to
Moderate
ow
Durham �entz
Highway 70 to
9
One'
As-
noneto
moder-
I
50-55
Low
Moderate
I
Highway 99
ph
narrow
ate
49
Currently, all funds needed to finish Forest Road 171 are not available (See Appendix B). The
development of additional evacuation roads, such as Doe Mill or Centerville Roads, should be
should be a part of BCGP2030 (See Appendix A).
The Grand Jury recommends that the County plan, for more than one road, suitable for use as an
evacuation route, for the Upper Ridge. Possible routes to consider are Doe Mill and Centerville
Roads.
Emergency Evacuation Plan
An E mergency Evacuation Plan is a set of instructions and information used by the emergency
services support team during -a catastrophic event. Currently, there i!i an Emergency Evacuation
Plan for the Upper Ridge. It is very detailed. All other areas need to have similar plans. BCOES
should consider creating a synopsis of these plans to be available to fire crews from outside ar-
eas.
Emergency Broadcast System
The Butte County Emergency Broadcast System provides taped information for citizens during
emergencies. During the wildfires in 2008, this taped message was not updated frequently to
match the conditions. More comprehensive, up to date information was available on the Butte
County web site. Unfortunately, people without computers only had access to information from
taped messages on the emergency radio broadcast. This lack of information could create panic
among residents, which complicates the evacuation process.
Benefit Assessment District
A benefit assessment places an annual levy on property that receives a "special benefit" from
this assessment. The assessment may be used to pay for services and improvements.which con-
fer a benefit; however, the benefit is conferred on real property and not on a person.
There is currently a movement toward development of a Benefit Assessment District to include
the areas of Paradise, the Upper Ridge, Concow and Centerville. The Grand Jury endorses this
proactive approach.
Butte County Fire Code
Currently, Butte County does not have a Fire Code Ordinance specific to Butte County. The
Butte County Fire Marshal is using the California Fire Code.
Fire Safety Information
CAL -FIRE, Butte County Fire Safety Councils, and other organizations publish and distribute
pamphlets containing important information regarding: wildfire preparedness, what to do in
case of wildfire, maps of possible evacuation routes, gathering locations, and how to obtain cur-
rent information about wildfire status (See Appendix Q. However, none of the members of the
2008/2009 Grand Jury, who live in Paradise and the Upper Ridge, recall receiving or seeing this
important information. Printing and distributing these pamphlets on a regular basis are costly,
and without guarantee that they will reach all citizens and newcomers to Butte County.
50
0
The pamphlets could easily be lost in other similar looking mail and not attain needed attention
by all citizens. The Grand Jury believes that this information should be updated regularly and
incorporated into documents distributed to residents on an annual basis such as in property as-
sessments or phone books.
Housing Concentration in Foothill Areas
BCGP2030 designates several areas in the foothills for increased development. Prior to increas-
ing the number of residents at risk, measures should be taken to adequately plan for emergen-
cies.
For example, BCGP2030 forecasts 3j400 additional units or approximately 15,000 people in
foothill fire-pTone areas. It designates a housing development consisting of 330 houses in
PLUA 13. The current design will place most of these homes directly on the canyon rim. In case
of fire, this will increase the degree of danger for its residents. In an emergency, -all residents of
this development will have to evacuate by entering onto Pentz Road. Consideration of the in-
creased evacuation requirements and fire safety should be met before the start of this develop-
ment.
Other Butte County Foothill Communities
This report discusses the problems associated with the 2008 wildfires that affected Paradise and
the Upper Ridge. Other communities within Butte County, such as Cohasset, Forest Ranch,
Berry Creek, Concow, and Forbestown ate located in high fire -danger areas with limited road
exits and could be similarly affected. Accordingly, the Grand Jury recommends that the
BCGP2030 also address fire safety in all Butte County foothill communities.
FINDINGS
Fl. The draft General Plan 2030 does not adequately address all fire and safety issues in the
foothill areas of Butte County.
F2. At present, there is only one major evacuation route south from the Upper Ridge and no�
viable routes north. There is a need for an additional evacuation route from Magalia and
Paradise. The upgrade of Forest Road 171, classified as a recreational access road, is not
fully funded, and even after completion, will not be sufficient as an evacuation route.
F3. . Skyway from Paradise to Chico could be upgraded and used in.specific situations as an
evacuation route.
F4. With the exception of Skyway, evacuation routes do not have adequate shoulders for tem -
I porarily parking'disabled vehicles.
F5. An Emergency Evacuation Plan has been developed for the Upper Ridge (Magalia and
Paradise Pines) only.
F6. The development of new housing in fire -prone areas of the foothills is ongoing.
51.
F7. Butte County does not have a County Fire Code Ordinance specific to Butte County
conditions'
During the recent wildfires, inform' ation on the County Emergency Broadcast System was
often several,hours old. Therefore, it did not provide timely information about the evacua-
tion and fire status and locations.
F9. Adeq6ate funding is not in place for foothill evacuation routes. There is currently a move-
ment toward development of a Benefit Assessment District to include the areas of Para-
dise, the Upper Ridge, Concow, and Centerville.
FIO. Fire safety information, about emergency evacuation routes and fire preparedness, is not
reaching the public for whom it was intended.
RECOMMENDATIONS
RI. BCGP2030 needs to address emergency eva6uation routes and fire preparedness for the
foothill areas of Butte County.
R2.
Review the limitations of Forest Roid 171 such as traffic speeds, volume of cars, and fire
prone area ' and consider other feasible evacuation routes. Additional roads for evacuation
of the Upper Ridge, such as Doe Mill Road, should be investigate�.
R3.,
Consider immediate modification of Skyway, from Paradise to Chico, as an emergency
evacuation route, by removing trees and brush and creating fire barriers on both sides of
the road.
R4.
BCGP2030 should address how to handle disabled vehicles on emergency evacuati6n
routes and the use of both traffic lanes for evacuation.
R5.
Address the need for creation of Emergency Evacuation Plans for all high-risk fire areas in
the Butte County foothills.
R6.
Put a moratorium on all multi -home develop ment. in fire prone areas until all fire safet I Y,
traffic, and emergency water supply issues are resolved.
R7.
The Butte County Board of Supervisors should request and implement a County Fire Code
Ordinance specifically designed for the Butte County foothill's environment.
R8.
In cases of emergency, the County Emergency Broadcast System should update informa-
tion frequently, with specific, current information about evacuation recommendations, lo-
cation and status of the emergency, and the forecast of future actions.
R9.
The Board of Superrvisors should encourage the formation of a Benefit Assessment Dis7
trict on the Ridge.
52
0
RIO. Consider inserting, in the local p hone directory or property assessments, information
about emergency travel routes and public assembly points, as shown in Appendix C.
REQUEST FOR RESPONSES
Pursuant to Penal Code Section 933.05, the Grand Jury requests responses as follows:
Butte County Department of Development Services
Butte County Association of Governments
Butte County Department of Public Works
Butte County Office of Emergency Services
Paradise Fire Department
Butte County Board of Supervisors
The governing bodies indicated above should be aware that the comment or response of the governing body must
be conducted subject to the notice, agenda and open meeting requirements of the Brown Act.
Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand
Jury not contain the name of any person, or facts leading to the identity of any person who provides information to the Civil Grand Jury. The
California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to
encourage full candor in testimony in Civil Grand Jury investigations by protecting the privacy and confidentiality of those who participate
in any Civil Grand Jury investigation.
53
0 APPENDIX A
Index of Routes from Paradise and the Upper Ridge
From the Upper Ridge
Highway 171 extends from Inskip to Butte Meadows. At present it is a 9.6 mile long narrow, winding two-lane
gravel road, only suitable for four-wheel drive vehicles in wet months. Portions of the road are in high fire -danger
areas. There are plans to improve the road, but currently there are insufficient funds.
Skyway from Magalia and Paradise Pines to its intersection with Clark Road in Paradise is a twelve to fourteen
foot wide paved road with shoulders and a 35 mph speed limit. There is heavy vegetation on both sides of the road.
Where it crosses Magalia Dam, the shoulders are about two feet wide.
Doe Mill Road/Garland Road extends about seven miles from Powellton Road in Magalia to Highway 32 via
Garland Road. Between Powellton Road and a narrow bridge, it is a very rough, winding road with protruding
rocks in the road bed. The stretch also has steep side slopes, a few sharp curves, and heavy vegetation. Between the
bridge and Highway 70 it is gravel surfaced with mild curves. The old steel girder bridge has a three -ton weight
limit and is probably not safe for several vehicles at a time.
Centerville Road/Honey Run Road extends about seventeen miles from Nimshew Road intersection with Sky-
way to join Honey Run Road, near the old covered bridge. The first four to five -mile stretch of Nimshew Road is a
winding, narrow, gravel surfaced road with no shoulders, steep side slopes, and heavy vegetation. The speed limit
is probably about 20 mph. The second seven -mile portion is a winding gravel surface with no shoulders, with an
approximate speed limit of 20-30, mph. This portion of the road also has steep side slopes and heavy vegetation.
The four mile balance of the road to Skyway is a two-lane paved road with narrow shoulders, gently winding
curves, andlight to moderate vegetation, with a posted speed limit of 30-35 mph.
Coutelene Road is a seven -mile long road which intersects Skyway below Stirling City, and reconnects to Skyway
near upper Paradise. It traverses east of the Magalia reservoir and does not require crossing the Dam. It is a wind-
ing, paved, two-lane road with moderate curves. Two curves have a posted limit of 20 mph, but the balance of the
road has a speed limit of about 30 mph. There is heavy vegetation on both sides of the road. Side slopes are flat to
moderate.
Jordan Hill Road extends about seventeen miles from the Upper Ridge Coutelenc Road to Concow Road. It is
narrow with no shoulders. A portion is dirt, and a portion has some gravel surfacing. -It has one narrow bridge,
sharp curves, no,shoulders, heavy vegetation, and steep side slopes. The,estimated speed limit of a convoy of vehi-
cles is 10-20 mph. This road is not suitable for an evacuation route.
Concow Road is a winding, narrow paved road with a posted speed limit of 25 mph that extends from Concow to
Highway 70. It has no shoulders with heavy vegetation on both sides.
From Paradise
Skyway is a four -lane, divided road with a wide grass median. It is essentially a straight road with a uniform, mild
grade. The distance from Paradise to Chico is about ten miles. It has a 55 mph speed limit and wide shoulders for
disabled cars. Portions of the road are essentially free of fire danger due to a golf course, graveled lookout, and
residential developments. Fire fuel is essentially wild grass and a few trees. This route could be easily improved to
further reduce fire danger.
Neal Ro ' ad is a paved two-lane road-, with mild curves extending about eight miles from Skyway to Highway 99.
The road has non existent, to narrow intermittent shoulders and a posted speed limit of 35 mph. The terrain on each
side is flat to moderate slopes. Fire fuel is light to moderate. Residential units are sparse to frequent.
54
0
0
Honey Run Road extends from Skyway in Paradise to Skyway about three miles east of Chico. The upper portion
near Paradise is a*paved, winding, very narrow two-lane road with sharp curves, no shoulders, and a steep slope on
the north side. There is heavy vegetation on both sides. The estimated speed of a convoy of vehicles would be less'
than 20 mph. The lower portion is a winding, two-lane paved road with a speed limit of about 30 mph. The upper
portion is not suitable for an evacuation route.
Clark Road (Highway 191) is a paved, two-lane road with a few sharp curves and narrow shoulders. It extends
ten miles from Paradise to the Durham-Pentz Road. The speed limit is 45 mph. Much of the upper portions of the
road consist of steep slopes with dense vegetation.
Pentz Road is a paved two-lane road extending about eleven miles from upper Paradise to Highway 70 and the
Durham-Pentz Road. The upper portions are winding, with narrow shoulders and steep slopes. Fire fuel is abun-
dant.
Durham/Pentz Road is a two-lane paved road, with no shoulders extending from Highway 70 and Pentz Road to
Highway 99. It has a posted speed limit of 55 mph. The terrain on both sides is flat and predominately covered
with grass vegetation.
55
0 APPENDIX B
Description of Project: Forest Highway 171
What is the Project?
At the request of Butte County, the United States Department of Agriculture (USDA), Forest Service (FS), and
the Central Federal Lands Federal Highway Division (CFLHD), BCAG completed a Project Reconnaissance
and Scoping Report (August 16, 2002), investigating the widening and reconstruction of Forest Highway 171
(Upper Skyway).
In December of 2002, BCAG took the lead to develop the environmental document and begin the process of
completing the Project Approval and Environmental Document (PA&ED) phase.
Why is the Project being done?
Beginning in late 1999, citizens and local officials living in and representing the communities above Paradise
began expressing a concern that in the event of a fire or related natural disaster, there was only one way into
and out of these communities. The southerly exit would be through the Town of Paradise on the Skyway.
The northerly route would have to be over the Upper Skyway or FH 171 over a 9.6 mile section of dirt road
extending between the community of Inskip and Butte Meadows.
The primary purpose of this project is improved safety for in excess of 25,000 residents living in and around
these communities, also known as the Upper Ridge. Improvements to Forest Highway 171 (Upper Skyway)
also substantially completes basic infrastructure necessary for the FS to effectively administer and manage
the large amount of federal lands in the northeastern portion of Butte Co unty by providing a through route.
The Humboldt, Palermo and Concow fires of 2008 have provided an increased awareness and further support
the merits of completing this project.
What is the current status of the Project?
• CEQA Mitigated Negative Declaration was approved by the BCAG Board of Directors in September of 2005.
• NTEPA Categorical Exclusion was approved in November 2005.
BCAG, Butte County, FS, FHWAAnd Caltrans are currently working to continue looking for federal and state
sources of funding in an effort to provide the additional dollars needed for the estimated $12 -$15 million
construction project. FHWA and the FS have committed $5 million to the construction phase of this project.
An earmark for an additional $5.8 million and another $980,000 was authorized in the, current federal
transportation bill known as SAFETEA-LU.
$1.3 million in Regional Improvement Program (REP) was allocated in the 05/06 Fiscal Year (FY) to continue
with development of the Plans, Specifications and Estimate (PS&E). Together with the upcoming completion
of the project design, the acquisition of Right of Way is currently underway. If all right of way acquisition
moves forward as planned a Phase One project could be delivered as soon as the Spring of 2009.
Questions or comments:
Should you have any questions or comments regarding the project please call or e-mail
Andy Newsurn, Project Manager at (530) 879-2468.
56
0
01,
APPENDIX C
Following are fire safety pamphlets for a few foothill communities.
These representative pamphlets were developed by local Fire Safety Councils and other
organizations.
C-1 Paradise
C-2 Upper Ridge
C-3 Pulga, Concow, and Jarboe Gap
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0 The respondent disagrees with this finding.
The Butte County General Plan 2030 (BCGP 2030) process has been underway for 36
months. However, it is important to note that there are still 13 months of this process
remaining prior to scheduled adoption by the Board of Supervisors'in September 2010.
Comprehensive updates to General Plans are generally multi-year efforts to ensure a
full measure of fact finding and public participation during the process. While much has
been accomplished during this period, important reviews of the Draft General Plan 2030
document, the Draft Zoning Ordinance, and the Environmental Impact Report remain'to
be accomplished and are scheduled over the next year. The Grand Jury's
recommendations are a valued addition to this process, especially in light, of the
devastating wildfires of the summer of 2008.
The BCGP 2030 process was authorized by the Board of Supervisors in September
2006. This action also authorized the creation of a Citizens Advisory Committee to help
inform the process, and the hiring of Design, Community & Environment as the lead
General Plan 2030 consultant. This project also includes the preparation of a new
Zoning Ordinance and Environmental Impact Report (EIR).
Draft General Plans are subject to full public review and analysis under the California
Environmental Quality Act. In the case of BCGP 2030, the County will be preparing an
EIR to evaluate the environmental effects of this project for full review by the public as
well as state, local and federal agencies.
While the BCGP 2030 document itself is still under review as an administrative draft
document, much has been accomplished under, the public participation process to
address fire hazard and safety issues in areas of Butte County prone to wildland fire.
A. Specific Policy Guidance on Fire and Safety Issues from the Policy Alternatives
Approved by the Board of Supervisors:
After a lengthy public participation process, specific Policy guidance approved by the
Board of Supervisors relevant to the area of fire and safety issues is provided below.
These goal and policy statements will form the basis for policy direction in BCGP 2030.
1 How should the County help to protect, maintain, promote and enhance its timber
uses and resources?
a) Encourage regulations and outreach practices that would provide for
sustainable forest practices in the county. Support and cooperate with. CAL
FIRE in their responsibilities related to timber and forest practice laws.
b) The County should maintain, and amend where a�propriate, existing
requirements under.the Timber Preserve Zone to conserve and enhance
timber resources, protect water quality and conservation, and improve fire
safety. Work cooperatively with CAL FIRE and the State's timber resources
laws and statutes.
2 of 8
4. How should the County encourage the development of sustainable communities
and energy-efficient and cost -savings buildings?
a) Create fire -wise communities through building and landscape design
standards.
It is important to note that the Fire and Safety related Policy statements set -forth above
represent the Board.approved Policy Alternatives at the conclusion of Meeting Series #5
3 of 8
c)
Implement community wi ldfire protection plans and wildfire fuel load
measures in coordination with the appropriate govern me nt/citizen agency and
CAL FIRE.
2. How should the County maintain and improve road conditions and safe traffic
flow?
a)
in consultation with the Butte County Fire Department and CAL FIRE, identify
and complete roadside fuel reduction, projects and. maintain necessary
clearance zones on critical roads for fire safety and visibility.
3. How should the,General Plan address the provision of sheriff and fire service in
rural areas?
a)
Educate residents about the realities of rural living and expectations regarding
response times for critical services.
b)
Explore additional funding opportunities for sheriff and fire services, such as
Community Facilities Districts and Community Service Agencies to fund both
capital and on-going operational costs.
c)
Support expansion of volunteer services for fire and sheriff.
d)
Implement the adopted Standards of Cover for fire protection.
e)
Require defensible space, fire safe building construction, fuel management
and wildfire preparedness, particularly by working in collaboration with
appropriate govern me nt/citizen agencies, the Butte County Fire Department,
the municipalities and State agencies, including CAL FIRE.
f)
Require defensible space and projects which remove ladder fuels to reduce
the risk of wildfire.
g)
Set impact fees proportionately to the, cost of providing sheriff services.
h)
Set impact fees proportionately to the cost of providing fire services.
i)
Create communities that are resistant to wildfire by reducing risks through the
community wildfire protection plans and fire, safe councils.
j)
Integrate State fire safe regulations (California -Public Resources Code
Sections 4290 and 4291) cooperatively'with CAL FIRE and the Butte County
Fire Department.
4. How should the County encourage the development of sustainable communities
and energy-efficient and cost -savings buildings?
a) Create fire -wise communities through building and landscape design
standards.
It is important to note that the Fire and Safety related Policy statements set -forth above
represent the Board.approved Policy Alternatives at the conclusion of Meeting Series #5
3 of 8
oh� 6h'd:,P7 -1* D k"" I i*i 'S' #T` ill, idO "a III ro blic
....,b. Jpy ev.p. pprnen M �9, Ories it prgv b
rev. ew. ft OOG 0 - pm Ory tog t d the -c'
N of the. Dra .P 2 Develo J.'Oh't,S, ':i taffAn G.P 2030.'
s nt: 'will. us-ei th.6 Poli Alt 'foundationl6r' e V0. 6 p- t
Ulfai . I . . . .. .. Jng .. e� new
.!Cy ern e, h
Geberal'Plan, Ad-diti0h6l pbli*ci6s, 'm'' 'b' "d :to:�iupplenjentlhfs Wdek` a d ' ff"
ay... e' - nee - e.d n, -re. ine
Ah. - :;6, 'll 'i�zatiph, 6f the� Gbn&4� P h Ahe Rolic s.tat�oments related, .to
F ' u r ' t e ' r, y
Firei the'H66lfh' 'Saf&.tV . Ubblat" L- Use*
an an
V
El e* m-, 0 nts bf-the hew',G ein'"64:- ]Plan-.-. .n orr.n .... .. _u, er: or i6d intd.&.erall,
atibb Will'be, f rth "hi
61*ici .and Adions.
f
O'hCO !.'P'Ubli tN.
is
the BCG,P203.0:,.d released in. Sbptefhl�ejt. t> isypari
_b:I)r41ft;qf ...pcumeni
e .. r , vi 'staff'.Will schedUla, in Jes,. starting, with al RuOlic
,�"jqOrn,ehtS'... qei,, the �M, t f
itiz M C6.t.ri ift Md''t- - - . -
vlsory� m e6 -and- tUO th. the
W.0tk§hop':..-sev-orPl;C. ens.,:. ee ings, S 6ssidn.i Wi
�ajhd' 13.0-6r.' 1: -f,.*8-
-ping As k' i n p ro ".ross, I herbi �a re,., st i 11.
. ...... p;pf pppry Jsor.s.. 1 Wp n. 9
m"Ony t p'blid fnput and k `b-§fahtiv6;6ha6ges eftb: BCG*P'IQ30
......ma e sy
p-6 i'fb.r' ati, n
p 6,,',; 0.' i-Mg.-Meetind, 8'
ip n . m., ur. have.
Y eries, ..7.,,,. t �qpublib And cisiom-r�.16k&'SyWill,
J.h ft- 11ty Ig �(e�ie. 11 d ..
ph
OPP. 9i � 9.1 , Pqlpy.w,. �Mal� '$,W�tOO V6�'_ 'clatiob"S.-and,
-bbhl 'eh �.ridt t6 fih J&6
m '61, dtibn� beiihig'., 'p'ro"'*i('J"e,d.-.b'y'th�'e'- B "d ... �f` d fi: 'i
oar b upp.rvisors-,
Y an. ina
6
od�pti,6h, '' hed rtepteerib r 2 TO.'
sp.
6ted 4ell �oV -IQQ::-pu*bljc-;m*
T a Or
te,.. the BCGP` 2030-,-proc6�s:: has: ings::as, is,
,Como ..-ee
bsit
g; IF
't -thk is "0 In 1 -6 f ib the.' C16 and h. 6
y ajorevacua ion TOLIt4 So th : rp
p ne.,* M."' e r. Rid--
yj q �n -c
�ro . u The r an dd -i v ua ion: 'rou
Tp, i a te: fr6m. M- agalia7
h, e: upgra. ebf', d Wed, a
Thl"'i i --d' - ' -at, 4. ire"u'p"atidift 1 6 c c' ss,
q. fu I I h, oven ,a.,
f Ow pt fter 'Comol nj Will. not b rs, -as an
A P-,Q.NSE.-
d 'd i
pitti Ily dj�qqr n
Thp,..resppn,. ehtp pes withlKefih
io' 0 uf uth,- rh
rp.. ffq. " the
%U R"d - an ' a at
pper Fqjge -'bl -kth'� H;`�' t q.
-7
Fb-'rest-, iR A. u ur
T oa. TTT wi no .'an-evadu"b" C
t be' '.s ddi'd i e n :, a s c jqn.r ouw
4SI got .. '66'd i71 an'd a:ke'If a`*��
k" j I d; A` 'e, nd -�oebsf_
yply eping. ury.1n, g�,o,,- Xp a m ..Viable,.. e v z . ticupi id.h
:F, t, C h' A d if "" ki" d'
O#i�; ,th.l. ;B qP, P.M. -.4 9 feat dea[p pm, pq:_pp.psq!qp,
tri
W. h -A
AbbUt fi ev atibb fo, utes
te - -ac e: eatd !dit6'dtly,,'ff6h'1:di- 126M.Ahlo6c
ii '44,by theAH
.:a . 'd nr '2006� 'dij d ff 15CGP
owl e., ave. a sia,'Coor atp�.. pqr efpq
Butto� 0. p rit" * r-.1reand: Pubii�*
Worksd.ep -it 't th ehga ment s
"Y C. p,i men, s, sp View iglful
4.0f 8
issue ' in our process. This information is being incorporated into the Goals, Policies and
Action Plan of BCGP 2030.
Finding F6:
The development of new housing in fire -prone areas of the foothills is ongoing.
RESPONSE:
The respondent partially disagrees with the finding.
Building permits for new housing have been issued in all areas of the County on
existing- parcels,. Building permits are considered to be ministerial actions, that is, if a
proposed residence meets all of the requirements under Butte County Code, the permit
is, required to be issued. Building permits are reviewed by Butte County Fire prior to
issuance and prior to final for site preparation requirements and fire safe standards for
access and clearance around structures.
Subdivision applications (the creation of new parcels) on the other hand are
discretionary (i.e. they may either be approved or denied by Butte County). These
applications are reviewed by a number of agencies, including Butte County Fire for
consistency with local and state requirements'. If they do not provide the required
access, the Department of Development Services makes a recommendation of denial to
the Planning Commiss ' ion. This is the current situation if someone were to propose a
subdivision of land in the Paradise Pines/Magalia area; Developmen - t Services would
recommend denial since there is inadequate emergency access. The Planning
Commission considers all evidence and renders a decision. Planning Commission
decisions may be appealed to the Board of Supervisors for a final determination.
Mention was made specifically of up to 330 dwelling units being allowed for
consideration as a part of the process of BCGP 2030 in Study Area 13. This property is
currently designated for residential development by the County's existing General Plan.
The fire issues (as well as other issues) are being critically assessed -and must be
mitigated by the . applicant. They are working with Butte County Fire an ' d other
departments to accomplish this. This is still a discretionary project that will be
considered ultimately by the Board of Supervisors for approval or denial.
RECOMMENDATIONS
Recommendation RI:
BCGP 2030 needs to address emergency evacuation routes and fire preparedness for
the foothill areas of Butte County.
RESPONSE:
5 of 8
The recommendation has not yet been implemented, but will continue to be addressed
through the Butte County General Plan (BCGP) 2030 process and the up�oming Public
Workshop.Series #7, which include� finalization of BCGP 2030.
Recommendation R2:
Review the limitation of Forest Road 171 such as traffic speeds, volumes of cars, and
fire prone areas and consider other feasible evacuation routes. Additional roads for
evacuation of the Upper Ridge, such as Doe Mill road, should be investigated.
.RESPONSE:.
The recommendation has been implemented.
The Butte County Public Works Department worked with the Butte County, Association
of Governments (BCAG) on reviewing the proposed Forest Highway 171 route and
improvements. In addition, BCAG completed a study in 1994 entitled, Feasibility Study
of S6te Route 191.Extension in Butte County, which evaluated alternate emergenicy
routes from,the upper ridge, including Doe Mill—Garland route. The study determined
that the Doe Mill -Garland Road route, if developed to standards, would provide
improved emergency acc6ss to the Upper 'Ridge..
Nonetheless, fire issues will be considered during the upcoming Public Workshop
Series #7, finalization of BCGP 2030 and the Environmental Impact Report being.
prepared for BCGP 2030. This Planning aspect will be coordinated with the
Departments -of Public Works and Butte County Fire.:
Recommendation R4:
BCGP2030 should address how to handle disabled vehicles on emergency evacuation
routes and the use of both traffic lanes for'evacuation.
RESPONSE:'
This recommendation will,not be implemented.
It is not appropriate for BCGP 2030 to address how to handle disabled vehicles or
emergency evacuation routes and/or use both traffic lanes for evacuation. However,
Community Emergency Evacuation Plans should address both of these issues.
Recommendation R6:
Put a moratorium on all multi -home development in fire prone areas until all fire safety,
traffic, and emergency water supply issues are resolved. -
RESPONSE:'
6 of 8
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0
ATTACHMENT F
I RESOLUTION
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL OF PLANNED UNIT DEVELOPMENT 08-0001
AND TENTATIVE SUBDIVISION MAP 08-0006
FOR PARADISE SUMMIT (Wyckoff & Associates, LLC)
WHEREAS, the Planning Commission has considered Tentative Subdivision
Map TSM08-0006 and PUD,08-0001 for Wyckoff & Associates, LLC in accordance
with Chapter 20, Subdivisions, of the Butte County Code on eight Assessor's Parcel
Numbers 055-300-013, 038, 099, 101, 102, 103, 109 and 055-310-023; and
WHEREAS, the Planning Commission has considered a Mitigated Negative
Declaration in accordance with the California Environmental Quality Act; and
WHEREAS, said map was referred to various affected public and private
agencies, County departments, and referral agencies for review and comments; and
WHEREAS, a duly noticed public hearing was held on June 10, 2010; and
WHEREAS, the Planning Commission has considered public comments and a
40 report from the Planning Division.
0
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends
to the Butte County Board of Supervisors that relative the Paradise Summit project, the
Board of Supervisors:
I. Adopt a 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 Planning Commission has considered the. Mitigated Negative
Declaration, together with comments received during the review process.
C. On the basis of the whole record before the Planning Commission,
including the Initial Study and any comments received, there is no
substantial evidence that the project (TSM08-0006 and PUD08-0001)
would have a significant impact on the environment'. 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.
13
D. Mitigation Measure #2 as proposed in the draft Initial Study circulated
for public review, requiring that.the applicant meet reduction targets of
Butte County Air Quality Management District (BCAQMD)", has
been modified in a manner to specify the manner in which reduction
targets are to be achieved and constitutes equal or better protection of
environmental resources. The implementation of mitigation measure,
as adopted, will ensure impacts to air quality are reduced to less than
significant.
E. The Mitigated Negative Declaration reflects the independent judgment
and analysis of Butte County, which is the Lea d Agency.
Find that the collection of fees pursuant to Fish and Game Code Section 711.4
and 14 CCR 753.5 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 the 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)).
Adopt an ordinance rezoning the project site to PUD Planned Unit Development.
A. The project meets- the Conditional Zoning and Development Criteria'
for the Agricultural Residential General Plan land use designation, with
mitigation measures and conditions of approval recommended for the
project.
1. Compatible with neighboring agricultural activities. In proximity
to the project site, no agricultural activities have been identified
The project is compatible with neighboring agricultural activities,
to the extent they exist.
2. Evidence of adequate water and sewage disposal. The Central
Valley Regional Water Quality Control Board has reviewed a
report of waste discharge application for the project's proposed
community wastewater s tem, and determined that application to
YS
be complete on July 27, 2009. Additional waste discharge
requirements necessary for the project cannot be met until CEQA
is complete and will therefore be issued after adoption of the AND
in conjunction with action on the Tentative Subdivision Map and
Planned Unit Development. Mitigationfor the project ensures that
afinal mapfor development of the project cannot be recorded until
the RWQCB permitting process is complete. This will identify
beneficial uses and water quality objectives of all the surface water
bodies and underlying groundwater at the site, and ensure that
water quality willfully maintain and protect beneficial uses and
not cause exceedance of water quality objectives, or other criteria
determined acceptable to RWQCB, the responsible agency under
CEQA for water quality and sewage issues.
14
Similarly, Mitigation for the project ensures that a final map for
development of the project will not be recorded until water supply
is demonstrated. Del Oro Water Company (DOWC) has planned
and permitted a 16" waterline up Pentz Road with adequate
capacity to serve the project site. Butte County water supplies
ftom the Central Valley Water Project Lake Oroville via Lake
Oroville'(Table A Water) are availablefor water supply, consistent
with the Water Supply Assessment by Luhdorff & Scalminini
Consulting Engineers dated December, 2009.
3. Availability of adequate fire protection facilities. Mitigation.
measures #18 wouldprovide additionalfundingforfire services as
necessary to meet adopted response times. Additional mitigation
measures include afiel modification plan (mitigation measure #8)
to reduce wildfire threat to the development and homeowner
disclosures regarding the project's location within a high fire
hazard area. Homes will be constructed with fire sprinklers,
consistent with applicable building codes.
4. Adequately maintained approved road access with sufficient
capacity to service the area. The project includes two
ingresslegress points to Pentz Road, one at Lindenbaum Lane and
another at Lago Vista Way. A' traffic study prepared for the
project indicates that Pentz Road and intersections affected. by the
project have adequate capacity to accommodate projected traffic
increases while maintaining acceptable levels of service. In
additional to providing adequate road access pursuant to County
standards for new lots, the project also provides improves access
and circulation for existing homes on Lago Vista Way. Through
construction ofproposed 'Street A ' and 'Street C, ' the project will
connect Lindenbaum Lane and Lago Vista Way, effectively
providing a secondpoints of accessfor homes on Lago Vista Way.
Reasonable accessibility to commercial services and schools. The,
project site is located within the sphere of influence of the Town of
Paradise and approximately 115 of a mile ftom the incorporated
town boundary. Commercial services and schools are located
reasonably close to the proposed development.,
B. The proposed map is consistent with the Butte County General Plan
Goals and Policies, particularly Land Use Element Polices: -
3.,2.a. Residential densities shall be correlated to soil, slope and other
natural site characteristics.
3.2.b. Correlate residential densities to availability of water and sewage
disposal and proximity to other public facilities.
15 '
3.2.c. Relate residential. densities to intensity and compati bility of
adjacent uses.
3.2.d. Balance residential densities with traffic -carrying capacities of
existing and proposed circulation plans.
J The roads in the project area have the capacity to handle the existing
vehicular traffic currently generated by the project; no additional
development is proposed and therefore no additional traffic will be
generated by the project.
-IV. Approve TSM08-0006 (Wyckoff & Associates), subject to findings and
conditions of approval (Exhibit A to this resolution).
DULY PASSED AND ADOPTED this 10th day of June 10, 2010 by the following vote:
AYES:
NOES:
ABSENT:
16
7.1.a. Consider fire hazards in all land use and zoning decisions,
environmental review, subdivision review and the provision of
public services.
C.
The design and improvements of the proposed subdivision are consistent
with County standards and policies provided all conditions of project
approval are complied with.
D.
The project is physically suitable for the use and density of the proposed
development because the portion of the site proposed for development
does not contain steep slopes, there are no drainages on the site, and the
soils on the site are adequate for an on-site wastewater collection and
treatment facility.
E.
The design and improvements of the project will not cause public health
or safety problems, because the project site does not contain any physical
characteristics that could. cause health or safety concerns with the
provided mitigations.
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 subdivision provided the attached conditions
are met.
G.
The project site is not located within an earthquake fault zone, a 100 -year
flood zone, or an Airport Compatibility Zone. Compliance w ' ith Butte
County Code Chapter 26 will ensure safety of structures and residents.
H.
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.
L
The project would not cause a significant impact to any residential or
agricultural areas adjacent to the project site. -
J The roads in the project area have the capacity to handle the existing
vehicular traffic currently generated by the project; no additional
development is proposed and therefore no additional traffic will be
generated by the project.
-IV. Approve TSM08-0006 (Wyckoff & Associates), subject to findings and
conditions of approval (Exhibit A to this resolution).
DULY PASSED AND ADOPTED this 10th day of June 10, 2010 by the following vote:
AYES:
NOES:
ABSENT:
16
EXHIBIT A
Tentative Subdivision Mai) for Wyckoff & Associates, LLC, Assessor's Parcel
Numbers: 055-300-013, 038, 099, 101, 102, 103, 109 and 055-310-023 File #
TSM08-0006: An application for a phased Tentative Subdivision Map to subdivide
+/-333 acres into 312 single-family residential parcels varying in size from 8,738
square feet (SF) to 32,099 SF within a +/-137-acre area of the site, and various lots
for open space uses with +/- 195 acres of open space.
1. CONDITIONS OF APPROVAL:
Planning Division
1. Mitigation Measure #1:
The following measures shall apply to all development activities on the project site.
Additionall ' y, a note shall be placed 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 shall be visible to ensure compliance with
BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions).
Other Construction Practices
18
i) Maintain all construction equipment in proper tune according to
manufacturer's specification.
D Where feasible, give preference to utilizing the following equipment:
im 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 California Air Resources
Board's (CARB) 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.
-2-. Mitigation Measure #2: Prior to approval of the first Final Map for
development (not a large lot map), the applicant shall pay. emission reduction
fees to the satisfaction of the Butte County Air Quality Management District.
Plan Requirements: BCAQMD District staff will collect applicable fees
Timing: Prior to approval of the first Final Map for development (not a large lot
map)
Monitoring: Department of Development Services staff will monitor compliance
with this measure.
3. Mitigation Measure #3 (Butte County calyeadenia)
California Department of Fish and Game(CDFG) will be given advance notice of
impacts to Butte County calycadenia on the Property, and will be granted access to
the site for plant removal or seed collection.
Plan Requirements: Arrange opportunity for CDFG to collect plants and seeds.
Timing: Prior to commencement of construction or soil disturbance in the vicinity of
proposed lot 249.
Monitoring: Butte County Development Services Department
19
4. Mitigation Measure #4 (Red Bluff dwarf rush)
Areas known to support Red Bluff dwarf rush a CNPS list IB plant, will be avoided
with a minimum 100 -foot set -back. During construction, environmentally sensitive
area (ESA) fencing will be placed around avoidance areas including wetlands and
known CNPS listed plant populations.
Plan Requirements: Preserve in-situ with map notes for pre -construction
precautions
Timing: Prior to the first Final Map
Monitoring: Butte County Development Services Department
5. Mitigation Measure #5 (Pre Construction Raptor Surveys)
Place a note on a separate document which is to be recorded concurrently with the
final map or on an additional map sheet and on all building and site development
plans that states "If construction occurs between I March and 15 September, the
developer will engage the services of a qualified biologist to survey the project site
and area within 250 feet of the site for nesting birds of prey and migratory birds,
including Loggerhead- Shrike and Yellow Warbler, no more than thirty days prior to
the initiation of construction. Results of the preconstructio ' n survey shall be
submitted to the Butte County Development Services Department."
a. "If an active nest is located within 250 ft of the project study area, a
qualified biologist will monitor the. nest weekly during construction to
evaluate potential nesting disturbance caused by construction activities.
The biologist monitoring the site will immediately notify the Department
of Development Services of any potential nesting disturbance caused by
construction activities. The Department of Development Services will
have the authority to stop construction if construction appears to be
resulting in nest abandonment or forced fledging."
b. "If an active nest occurs in a tree scheduled for removal, the species of
bird using the nest will be determined by the qualified biologist. The
biologist making the determination will immediately notify the
Department of Development Services of any 'active nest in a tree
scheduled for removal. The nest tree will be preserved until it is outside of
the breeding season for that species or until the, young have fledged. If
construction cannot be delayed until the end of the breeding season,
guidance from DFG shall be requested."
Timing: Prior to commencement of construction for each phase
Monitoring: Land Development Division of Public Works will verify that this note
appears on all improvement plans prior to recordation of the final map. The
Development Services Department will monitor implementation of this mitigation
measure.
6. Mitigation Measure 6 (Oak Woodlands):
Prior to final map recordation for individual development phases, 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
20
Director of Development Service s or his/her designee, and shall be prepared in
accordance with the following: -
1) The Oak Tree Mitigation Plan shall show the location of all oak trees
deemed suitable for retention, and all oak trees to be removed, in those
areas proposed for development, using the factors set out below;
2) Factors used to assess suitability of existing oak trees shall include
health, location (in relation to i proposed improvements and adjacent
residences), and size of the tree. Trees deemed to be unsafe or'
unhealthy shall be removed;
3) The applicant shall minimize the removal of oak trees deemed suitable
for retention;
4) 'A minimum of 3 native oak trees of 5 gallons or larger size shall be
planted for each like species of oak tree removed that is greater than or
equal to 5 inches diameter at breast height (DBH). The trees shall be
planted in areas deemed as Oak Tree Mitigation Areas within an
approved Integrated Open Space Management Plan and monitored
consistent with PRC 21083.4
5) Each oak tree preserved within development areas 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;
6) 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';
Plan Requirements: No vegetation removal, grading, road construction, or other
earthwork shall be permitted until the Oak Tree Mitigation Plan is submitted and
approved.
Timing: The Oak Tree Mitigation Plan shall be submitted 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.
Monitoring: The Butte County Department of Development Services and
Department of Public Works 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. 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 an Oak Tree Mitigation Plan has been
submitted to and approved by the Director of Development Services or his/her
designee. Butte County building inspectors shall ensure compliance on-site.
7. Mitigation Measure #7 (Wetland Permits)
Prior to recordation of the first Final Map, the applicant shall submit written
verification that any necessary permits, or waiver of permits, have been secured from
the US Army Cops of Engineers (USACOE), and the Central Valley Regional Water
Quali1y Control Board (RWQCB) for compliance with §404.and §401 of the Clean
Water Act, and that any necessa!y 1601 permits or waiver of permits have been
obtained from California Department of Fisli and Game.
21
Plan Requirements: Fulfill regulatory requirements of USACOE, RWQCB and
CDFG.
Timing: Prior to any development activity
Monitoring: The Butte County Department of Development Services and
Department of Public Works shall ensure written verification is received prior to
recordation of the first final map.
8. Mitigation Measure #8 (Integrated Open Space Management Plan)
An Integrated Open Space Management Plan (IOSMP) will be prepared by the
applicant for review and approval prior to the issuance of the First Final Map. The
IOSMP shall be reviewed and approved by CalFire, CDFG, and Butte County
Departments of Environmental Health and Development Services. The plan shall
specify appropriate oversight entities and roles of each entity/agency. It shall contain
the following components:
A. Public Access and Recreation Plan
Onsite Open Space areas will be identified as allowing or d ing public
I access and dogs (on or off leash)
Maintenance funding source 7
Interpretive Signage
Consultation with affected agencies and propeM owners subject to trespass
shall be undertaken in developing the Public Access and Recreation Plan.
B. Wildlife Corridor Plan, to the satisfaction of California Department of Fish,
and Game(CDFG) as specified by the November 10, 2009 letter from CDFG,
including but not limited to:
Fencing Diagrainfor the managed deer corridor
Lighting Plan
Planting, Landscaped Buffer and Firebreak Plan
Manzanita Reduction
Star -thistle Eradication
Allowed Maintenance Activities for Wastewater Facilities to the satisfaction
of CDFG and DEHS
C. Fuel Modification Plan
Species chosen for removal should be based on factors including but not
limited to: flammability, biomass, and dead chaparral to be removed, as/if
determined by CalFire
Manzanita Reduction and Star -thistle eradication, per Wildlife Corridor Plan.
Species selected for inclusion/retention based on
10 foot diameter spacing between selected individuals, pruned by landscape
specialist.
Living oak trees over 5" in diameter at breast height shall be retained or
mitigated pursuant to applicable regulations.
Erosion Control program, including groundcover/ground stability especially
for steep slopes on eastern edge of project
Any fuel modification within deer corridor shall require CDFG approval,
unless required in an emergency
D. Oak Woodland Mitigation Plan
22
Areas to be utilized for oak woodland mitigation shall be identified in the
IOSMP
Monitoring shall be consistent with the Public Resources Code section
21083.4, in that the applicant will plant an appropriate number of
trees(21083.4(b)(2)(A) and "monitoring'shall be consistent with the proposed
open space maintenance and monitoring provisions" described in "Mitigation
Measure #8, Items Q and E.
E. Open Space Maintenance and Monitoring Provisions
a.. The applicant shall plant, install or otherwise implement the appropriate phase
of
open space improvements, consistent with the approved IOSMP.
b. The survival goal for plantings is 65%. Annual monitoring would occur for five
years
to ensure a 65% survival rate. During annual monitoring, if the survival rate drops
below
65% then additional planting would occur to meet the 65% survival rate goal.
c. The applicant shall submit a monitoring report to CDFG and Butte County
.Department of Development Services annually for all phases that
have not met monitoring objectives.
- The monitoring report shall evaluate/verify that -the intended goals,
including
plant survival goals and reduction of Manzanita and yellow Starthistle
eradication
objectives have been met.
The Monitoring program would provide reporting for a five year time
period
beginning one year following final inspection of wildlife corridor, buffer
zone
plantings and/or Manzanita reduction and yellow starthistle eradication
activities.
- Monitoring will continue until success criteria are met.
Plan Requirements: The IOSMP will provide a basis for the long-terrn management
of open space consistent with CDFG letter dated November 10, 2009, the adopted
standards of regulatory agencies including CDFG, CalFire, and RWQCB and Butte
County, and the actions identified by this mitigation measure.
Timing: An applicant -prepared draft of the IOSMP will be submitted in conjunction
with the application for the first final map. The IOSMP shall be reviewed and
approved by CalFire, CDFG, and the Butte County Departments of Environmental
Health and Development Services prior to recordation of the first final map.
Monitoring: The Butte County Department of Development Services and
Department of Public Works shall ensure that the IOSMP is prepared and approved
prior to recordation of the first final map.
9. Mitigation Measure #9 (Notification)
0
23
Placea note on a separate document which . is to be recorded concurrently with the
map or on an additional map sheet that.states: "Potential buyers and subsequent
future buyers should be aware that:
a. Homes are located where there �ill be potentially dangerous wildlife and
human interaction,( Le, mountain lions, bears and coyotes, etc.) and that the
homeowner(s) assume all risk.
b. Wildlife depredation permits will not be* issued for property damage due to
wildlife. If CDFG determines there is a'public safety threat, then CDFG will
take appropriate action."
Ylan Requirements: Final wording of the notice will be provided to CDFG prior to
selling any lots or homes; the HOA will distribute Homeowner educational materials.
Timing: Note shall be placed on every Final Map.
Monitoring: The Butte County Department of Development Services and
Department of Public Works 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.
10. Mitigation Measure #10_fNew Homeowner Educational Materials
Dispersed by HOA)
The Homeowners Association will provide Educational Materials to new home
owner S, to include:
Do not dump lawn clippings or any waste in open space areas. A 35 -foot
firebreak setback must be maintained between the rear fence line and buffer
plantings.
Recommended plantings list for native trees and shrubs should include but
are not limited to: Black oak, Bay laurel, Coffeeberry
The use of invasive plant species should be avoided.
0 The project is located in proximity to Kuenkle reservoir, a public water
supply.
e Homeowner/resident education materials or interpretive sign that inform
residents abouit wildlife and the importance of maintaining ecological
connectivity
Homeowner/resident education encouraging residents to stay on designated
trails, keep dogs on leashes, and discourage the harassment of wildlife.
Fencing requirementsand/or restrictions. If property damage occurs, residents
will be encouraged to. use wildlife -proof fencing around gardens and other
potential wildlife attractants
Homes are located where there will be potentially dangerous wildlife and
human interaction, Ox, mountain lions, bears and coyotes, etc.) and the
homeowner(s) assume all risk.
Wildlife depredation permits will not be issued for prope!jy damage due to
wildlife. If CDFG determines there is a public safety threat, then CDFG will
take appropriate action." li -
Plan Requirements: New Homeowner Educational Materials meeting the above
criteria will be devel6ped during, and coordinate with, the Codes, Covenants and
Restrictions for the HOA
24
Timing: Education materials will be distributed by the HOA to new homeowners
within approximately 90 days of occupancy
Monitoring: Home Owners Association will distribute and enforce these provisions.
Development Services will verify that educational materials have been developed.
11. Mitigation Measure #11 (Record Note on Final May re Site #1507))
Place a note on a separate document which is to be recorded concurrently with any
future map or on an additional map sheet and all building and site development plans
that states: "Disturbance of the easement on historic water feature (CA -BUT- I 507-H) is
not permitted, except where separate archeological survey is undertaken and
recommended actions completed, to the satisfaction of the Director of Development
Services."
Plan Requirements: This note shall be placed on a separate document which is to
be recorded concurrently with the parcel map'or on an additional map sheet and on all
building and site development plans.
Timing: This measure shall be implemented during site preparation and
construction.
Monitoring: The Department of Development Services shall'ens'ure that the note is
placed on a separate document which is to be recorded concurrently with the map or
on an additional map sheet. The Department of Development Services shall ensure
that the note is placed on all building and site development plans. Should cultural
resources be discovered, the landowner/developer shall notify the Planning Division
and a professional archaeologist. The� Planning Division shall coordinate with the
landowner/developer and appropriate authorities to avoid damage to cultural
resources and determine appropriate action.
12. Mith!ation Measure #12 (Record Note on Final Mai) re Site PS#1)
Place a note on a separate document which is to be recorded concurrently with any
ftiture map or on an additional map sheet and all building and site development plans
that states: "Prior to any development or site disturbing activities, the site boundary for
PS #1 as identified in the Archaeological Survey by Sean Jensen dated May, 2009 will
be accurately located through on site inspection, and designated as an impact avoidance
zone on County development map, except where separate archeological survey is
undertaken and mitigation measures completed, to the satisfaction of the Director of
Development Services."
Plan Requirements: This note shall be placed on a separate document which is to
be recorded concurrently with the parcel map or on an additional map sheet and on All
building and site development plans.
Timing: This measure shall be implemented during site preparation and
construction.
Monitoring: The Department of Development Services 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. The Department of Development Services shall ensure
that the note is placed on all building and site development plans. Should cultural
resources be discovered, the landowner/developer shall notify the Planning Division
25
40
aid a professional archaeologist. The Planning Division sha 1 11 coordinate with the
landowner/developer and appropriate authorities to avoid damage to cultural
resources and determine -appropriate action.
13. Miti2ation Measure #13: (Standard for Cultural Finds)
Place a note on a separate document which is to be recorded concurrently with any
future map or on an additional map sheet and all building and site development plans
that states: "Should grading activities reveal.the presence of 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 150 feet of
the find shall cease immediately until a qualified professional archaeologist �can be
consulted to evaluate the resources and implement appropriate mitigation procedures.
Should ' - human skeletal remains be' encountered, State law requires immediate
notification of the County Coroner.. Should theCounty Coroner determine that such
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."
Plan Requirements: This note shall be placed on a separate document which is to
be recorded concurrently with the parcel map or on an additional map sheet and on all
building and site development plans.
Timing: This measure shall be implemented during site preparation and
construction.
Monitoring: The Department of Development Services . 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. The Department of Development Services shall ensure
that the' note is placed on all building and site development plans. Should cultural
resources be discovered, the landowner/developer shall notify the Planning Division
and a professional archaeologist. The Planning Division shall coordinate with the
landowner/developer and appropriate authorities to avoid damage to cultural
resources and determine appropriate action.
14. Mitigation Measure #14 Prior to any grading on the site, 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 Final 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)."
Plan Requirements: A copy of the approved Storm WaterPollution Prevention Plan
(SWPPP) shall be attached to all building and site development plans.
26
40
Timing: The requirements of the approved Storm Water Pollution Prevention Plan
shall be adhered to at all times.
Monitoring: The applicant or his/her successors, heirs, assigns are responsible for
ensuring compliance with the Storm Water Pollution Prevention Plan. The California
Regional Water Quality Control Board and the Butte County Public Works
Department will respond to any storm water runoff problems.
15. Mitigation Measure # 15 (Anti -degradation)
Prior to recordation of the final map, all, necessary permits from the RWQCB,
including waste discharge requirements, shall be'secured. This process shall
identify beneficial uses and water quality objectives of all the surface water bodies
and underlying groundwater at the site, and ensure that water quality will fully
maintain and protect beneficial uses and not cause exceedance of water quality
objectives, or other criteria determined acceptable to RWQCB.
Plan Requirements: Submit antidegradation analysis to the satisfaction of RWQCB
and meet all waste discharge requirements.
Timing: Prior to approval of the improvement plans or recordation of the First Final
Map.
Monitoring: The Department of Environmental Health shall ensure thafthe required
permits. from RWQCB are secured prior to recordation of the First Final Map.
16. Mitigation Measure #16 (Permanent Solution to Drainage)
Prior to recordation of the final map, a plan for a permanent solution for drainage
shall be submitted to and approved by the Department of Public Works. The drainage
plans shall detail existing drainage conditions and shall. specify how drainage waters
shall be detained or retained onsite and/ or conveyed to the nearest natural or publicly
maintained drainage channel or facility and shall provide that there shall be no
increase in the peak flow runoff to said channel or facility. If storm drainage facilities
serve new public roads, the developer must complete the formation of a county
service area (CSA), zone of benefit within a permanent road division (PRD), or other
Depaftment of Public Works 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 agree
to an annual maximum service charge to ensure continued. operation of the facilities.
Plan Requirements: Submit drainage plans and calculations to the Department of
Public Works for review and approval.
Timing: The drainage plan shall be submitted and approved prior to approval of the
improvement plans, and the required drainage improvements constructed or bonded for
construction prior to recordation of the Final Map.
27
Monitoring The Department of Public Works shall ensure that the required plan is
submitted and ensure that the drainage improvements are constructed or bonded for
construction prior to recordation'of the Final Map.
17. Mitigation Measure #17:
Place a note on a separate document which is to be recorded concurrently with the
final map or on an additional map sheet that states: "To reduce construction -generated
noise the developer shall implement the following measures to mitigate construction
noise throughout all construction periods�
I . Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no
construction activity on Sundays or holidays;
2. Use best available noise suppression devices and 'properly maintain and
muffle diesel engine -driven construction equipment;
3. Construction equipment shall not be idled for long periods of time;
4. Locate stationary equipment as far as possible from sensitive receptors;
5. Designate a Disturbance Coordinator and post the name and phone number of
this person conspicuously at the entrance(s) to the project site so it is clearly
visible to nearby residents most likely to be affected by construction noise.
This person would manage complaints resulting from construction noise. The
Disturbance Coordinator shall contact noise sensitive receptors and advise
them of the schedule of construction."
Plan Requirements: T6is 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: The mitigation shall be applicable during all construction activities.
Monitori ' ng: The developer and the Disturbance Coordinator shall be responsible for
ensuring compliance with this mitigation and shall respond to all complaints of noise.
Department of Development Services shall investigate all complaints of excess
construction -related noise'.
18. Mitigation Measure #18 (Fire Services Funding)
Prior to recordation of the First Final Map, a fire services funding plan -shall be
submitted to and approved by Butte County Fire Department/CAL FIRE. The fire -
services funding 'plan shall specify how adequate fire services, meeting response
times specified in the Standards of Response Cover Study for the Butte County Fire
Department dated November 30, 2007, will be achieved. The developer must
participate with/in a Benefit Assessment district (BAD) a County Service Area
(CSA),Community Facilities District (CFD) or other Department of Public Works
approved entity with terms and conditions acceptable to the Director of Public Works
prior to recordation of the Final Map. The CSA formation process will require the
Developer to fund a proportionate share of service until the beginning of the first
fiscal.year in which service charges can be collected for the CSA, and agree to an
annual maximum service charge to ensure continued funding for fire services.
Plan Requirements: Submit fire services funding plan to Butte County Fire
Department/CAL FIRE for review and approval. Developer will complete formation
of funding mechanism(s).
28
Timing: The fire services funding plan and the required funding mechanism(s) shall be
implemented prior to recordation of the First Final Map.
Monitoring: Butte County Fire Department/CAL FIRE shall review the required plan
and the Department of Public Works shall ensure that a mechanism is in place prior to
recordation of the First Final Map.
19. Mitigation Measure #19_ (Wildfire Disclosure)
Prior to the recordation of the final map, Covenants, Conditions and Restrictions
(CC&Rs) of the project shall be prepared to disclose to future homeowners that their
homes are located within a Very High Fire Hazard Severity Zone. The Home Owners
Association (HOA) with provide educational materials to all new homeowners
describing how to reduce wildfire risks and what actions to take should a wildfire
occur in the vicinity.
Plan Requirements: The CC&Rs, managed by the HOA, shall include disclosure of
the Very High Fire Hazard Severity Zone. Draft CC&R's shall be developed for
review and approval by Butte County Fire Department/CAL FIRE.
Timing: Disclosure in the CC&Rs and the preparation of educational materials shall
occur prior to, or in conjunction with, recordation of the first Final Map.
Monitoring: The Butte County Department of Development Services shall ensure
th3Lthe_QQC&Rs meet this requirement. The HOA shall ensure educational materials
1?�rovidW to all homeowners.
U20. iti Ation Measure #20 (Lago Vista sight distance):
14 *
� 0. 1h
Ther e will build improvements to the east side of Pentz Road, north and south
pro
o f L
f La ista Way, to increase sight distance for traffic on the Lago Vista approach
to 1
to the north and 550' to the south. These improvements will consist of
trimming and/or removal of existing vegetation within the public right-of-way and/or
grading along Pentz Road in the public right -or -way, as necessary to' achieve
adequate sight distance.
Plan Requirements: trimming and/or removal of existing vegetation -within the
public right-of-way and/or grading along Pentz Road in the public right -or -way, as
ne ' cessary to achieve adequate sight distance
Timing: Prior to, or in conjunction with, recordation of the first Final Map.
Monitoring: The Butte County Departments of Public Works and Development
Services shall ensure that this requirement is implemented prior to recordation of the
first final map.
21. Prior to recordation of the First Final Map, Del Oro Use Permit UP05-18 will
be modified to allow an additional 312 service connections to Del Oro Water
Company's Lime Saddle District.
22. If redesian/substantial modification of the PUD trail systern is orot)osed. the
Paradise Recreation and Park District will be consulted regarding recreational
facilities appropriate to the site, and the modification will be processed
consistent with Butte Countv Code 24-210 PUD (Planned Unit DevelODment).
or as amended.
0
29,
0
23. Minimum architectural standards will be established in the form of CC&R's.
to achieve quality construction standards similar or better than those of the
Madre de Oro subdivision, subiect to review by the Paradise Summit Home
Owners Association's Architectural Review Committee.
24. Existing road and PUE easements must be abandoned, guit claimed, or
relocated prior to recordation of the final map. This provision does not apply
to easements establishing or facilitating uses consistent with the adopted
Planned Unit Development Ordinance for the pro*ect.
Public Works
25. Construction equipment shall use Lindenbaum Lane for staging, ingress and
egress, to the extent practical.
26. All access rights shall be reserved by deed per county ordinance, offered for
dedication, and depicted on the final map. Place the following note on the
final map: "goroved 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.
27. Prior to the recordation of the final map, provide approved access conforming
to county code to each parcel from a publicly maintained road.
28. Prior to recor ' dation of the final 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 final map. A minimum of five alternate names for each
new street shall be submitted.
29. Prior to final road inspection, install all necessary traffic safety signs including
stop signs.
30. Prior to the recordation of Phase I of the final map, obtain an encroachment
permit and construct a standard S -18A road, approach in accordance with
county improvement standards. Adequate sight distance at the intersection of
Lindenbaurn Lane and Pentz Road shall be provided. Right-of-way required
for construction of road approach and roadside drainage shall be provided. '
31. Prior to the recordation of Phase I of the final map, obtain an encroachment
permit and improve sight distance at the intersection of Lago Vista Way and
Pentz, Road to provide a minimum of 550 feet of stopping sight,distance in
each direction.
32. Prior to the recordation of Phase I of the final map, construct or provide a
performance bond and labor and material bond for the construction of a left
turn pocket on Pentz Road at the intersection of Lindenbaurn Lane. Submit
design to the Land Development Division for approval prior to construction.
30
33. Provide cul-de-sacs designed and constructed as specified in the county
improvement standards. The final map shall show the cul-de-sacs.
34. Prior to the recordation of Phase I of the final map, construct or provide a
performance bond and labor and material bond for the construction of a full
street section on Lindenbaum Lane to a PS -6 Paradise urban standard with
curb, gutter, no sidewalk, 3" AC, 12" AB, prime coat, fog seal and 95%
relative compaction. Construct a full street section on Street "A" within the
Phase I boundary to a PS -5 Paradise urban standard with curb, gutter,
sidewalk, 3" AC, 12" AB, prime coat, fog seal and 95 % relative compaction.
Construct a full street section on all other interior roads within the Phase I
boundary to a PS -4 Paradise urban standard with curb, gutter, sidewalk, 3"
AC, 12" 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
Lindenbaum Lane and'interior streets and storm drain facilities for the entire
project, phases I through 7.
.35. Prior to the recordation of Phase I of the final map, construct or, provide a
performance bond and labor and material bond for the construction of a full
street section on Street "D" from the intersection of Street "C" to the property
boundary of Lago Vista Way to a PS -4 Paradise urban standard with curb,
gutter, sidewalk, 3" AC, 12" AB, prime coat, fog seal and 95 % relative
compaction. Install a ' gate approved by Cal Fire and the Public Works
Department west of the intersection of Street "C" and east of the property
boundary of Lago Vista Way. Install a cul-de-sac designed and constructed as
specified in the county improvement standards prior to and east of the gate.
The road right-of-way up to the end of cul-de-sac is to be county maintained.
The road rig ht -of -way west of the cul-de-sac and east of the property
boundary of Lago Vista Way, including the gate, is to be privately maintained
and offered for dedication to the county. 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.
36. Prior to the recordation of phases 2, 3 and 4 of the final map, construct or
provide a performance bond and labor and material bond for the construction
of a full street section on S.treet "A" within the respective phased boundary to
a PS -5 Paradise urban standard with curb, gutter, sidewalk, 3" AC, 12" AB,
prime coat, fog seal and 95 % relative compaction. Construct a full stre ' et
section on all other interior roads within the respective phased boundary to a
PS -4 Paradise urban, standard with curb, gutter, sidewalk, 3" AC, 12" 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.
37. Prior to the recordation of phases 5, 6 and 7 of the final map, construct or
provide a performance bond and labor and material bond for the construction
31
of a full street section on interior roads within the respective phased boun ' dary
to a PS -4 Paradise urban standard with curb, gutter, sidewalk, 3" AC, 12" 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.
38. 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 for the entire project, phases I through 7. The developer must
complete the formation of the CSA, zone of benefit within a PRD, or other
approved entity prior to recordation of the first 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.
39. Prior to recordation of the final map, provide circulation in conformance with
I County Code Section 20-133.
Drainage
40. Prior to recordation of the final map, a plan for a permanent solution for
drainage shall be submitted to and approved by the Department of Public
Works. The drainage plans shall detail existing drainage conditions and shall
specify how drainage waters shall be detained or retained onsite and/ or
conveyed to the nearest natural or publicly maintained drainage channel or
facility and shall provide that there shall be no increase in the peak flow
runoff to said channel or facility. If storm drainage facilities serve new public
roads, 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 entity for the entire project, phases I
through 7, prior to recordation of the first 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 agree to an annual
maximum service charge to ensure continued operation of the facilities.
41. 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.
42. 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
32
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 final
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)."
43. Show all easements of record on the final map.
44. Prior to or concurrently with the recordation of the final 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.
.45. Pay the recording fees in effect, at the time the final map and related
documents are recorded. 1
46. Prior to or. concurrently with the recordation of the final map, annex
subdivision to countywide community facilities district or equivalent. -
47. Prior to recordation of the first final map, a soils report for the entire project,
phases I through 7, prepared by a registered design professional and based
upon adequate testing shall be submitted to the Department of Public Works
Land Development Division and Department of Development Services
Building Division for review and approval.
Caffire/Butte County (9/3/2008 coa)
48. Construction, installation or development of buildings and/or roads,
driveways, gates and bridges on parcels/lots shall comply with the, latest
California Fire Safe Regulations—Public 'Resources Code 4290, 4291 and
current Butte County Improvement Standards, whichever is� stricter."
49. Prior to construction, a pressurized community water system for fire
protection is required. Bonding may be allowed with the approval of the
County Fire Chief. Average required hydrant spacing is 500 feet, hydrant size
6 inches, and residual fire flow of 1,000 gpm (gallons per minute). Fire
hydrant identification, road reflectors or post reflectors acceptable to the
County Fire Chief shall be installed or bonded, prior to final map recordation.
Submit pans to the Fire Department for review and approval prior to
construction.
50. Place a note on a separate document, which is to be recorded concurrently
with the final map, or on an additional map sheet stating, "Building
identification and/or addresses shall be installed in conformance with Public
Resources Code 4290 and shall be posted at the time of permit issuance'and
maintained continuously thereafter.
Environmental Health Division
51. Prior to recordation of each Final Map, provide community wastewater
collection, treatment and dispersal facilities in compliance with California
State Regional Water Quality Control Board, the, Butte County Code,
33
California Health and Safety Code, federal law, and other applicable codes
and regulations governing the design, construction and operation of the
facilities.
52. Prior' to recordation of each Final Map, either annex into an existing or
establish a sanitation district or other legal wastewater management oversight
entity acceptable to the Butte County Departments of Public Health and
Public Works adequate to ensure the operation, maintenance and repair and
replacement of the sewage collection, treatment, and disposal facilities. At a
minimum, the oversight entity shall:
a. Ensure financing of'operation, repair and maintenance
b. Provide qualified individuals and operational procedures for facility
operation, repair and maintenance
c. Provide adequate resources to comply with all monitoring and other
Regional Water Quality Control Board Waste Discharge Requirements.
d. Provide adequate resources for facility inspection and reports.
e. Provide adequate resources and/or mechanism to ensure adequate funding
of a major sewage treatment and, disposal facility replacement or
reconstruction if necessary.
f. Provide a liability risk assessment for review by the County of Butte.
g. Indemnify the County of Butte and community services district or other
government entity for all claims and liability that may occur relative to the
wastewater treatment and dispersal facilities.
53. Place A note on the final map or on an additional map sheet that states,
"Development of Lots I though 312 will require connection to*the community
sewer system."
54. Place a note on the final map or on. an additional map sheet that states,
,,,01*tNelopment of lots I though 312 will require connection to a public water
suppik-11
55. Prior/jo any Final Map Approval, provide a willing and able to serve letter
fro he water provider that assures minimally the following:
k.�.7evidence that the proposed water provider has secured an adequate 20 -year
su
supply of water for the development.
b. that the size and capacity of the intact pump's in Lake Oroville are
sufficient to pump the supply needed by the development in addition to the
water system's present requirements
C. that the capacity of the water treatment plant is
adequate to properly treat the water needed to supply
the development in addition to the water provider's
existing water demand requirements
34
d. that additional booster pumps are provided in the
water provider to lift the required minimum water
supply to the development
56. Prior to each Final Map Approval, obtain complete plans approval and all
necessary permits for all , the internal water conveyance infrastructure
improvements in the development.
Processing Fees
57. Prior to recordation of the Final Map, pay any outstanding project -related
processing fees, and/or Department of Fish and Game fees.
County Counsel
58. If this entire matter or any finding, action or condition of this matter is
appealed to the Board of Supervisors, the applicant or any other
developer/oper ' ator other than the applicant agrees to indemnify the County of
,Butte from liability or loss related to the approval of this project and agrees to
sign an indemnification agreement in a form approved by County Counsel
before the Board's appeal hearing. If the application is not appealed, this
condition is deemed satisfied.
11. ' 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 th ' e 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.
35
e
Se,tting/Exi�tino, Conditions
South'6f incorporated-Tow'n of Para ' d ise; with
the Town's Sphere of Influence,
Currently u'hdevelopeo; Po6on's cleared
Charadterized as valley fo6thill hardwood-
cohif6r habitat with a r*hixed -cha0arral
underst6ry, and.domihated by mixed'oaks�,
'gray-pine,.and dense.-S'h�ub.
ii rLarge wet. meadow occurs in themestern
portion of property 'With emerge'n,t wietland,
seasonal wetland, and riparian habitats
Paradise
Current
'Max
Max
Current Max
Max,
summot
Genernl
Intensity
GP
Zoning Zoning
Zoning,
Gross
Plan
of Use
-tield
Densitv
deld
I Acreage
(GP),
Ous)
jdus)
LDR 6 dus/ ac
1.098
AR -1- 1 du/ ac
183
150
AR
1 du/ a6
150
'AR -2 1/2 0.4 dut
60
ac
t333
1,2a
V : : - " 1
243
Project Description (1 of 2)
• TSM would divide +/-333 acres composed of
eight parcels into 312 single-family residential
parcels varying in size from 8,738 square feet
(SF) to 32,099 SF, and lots for open space
uses
• PUD would allow clustering of 312
residences within a +/-137-acre area of the
site, while preserving +/-195 acres as open
space, to help protect sensitive resources
and as an amenity to the subdivision
• Lindenbaum Lane will provide primaryaccess
MEMO
0
P,roj*qct,Descr1pdon.,,- t�(2 of 2),.-,
a Lado Vista Way will serve ii s6conda ry means of access,
controlled by a u'niversally accessed key pad gate;approved by,-
CDF-C61-Fl RE, and, maintained by a proposed HOA
Storm water disposal will be accomplished by. five on-site
detention facilities
a The project Will,build a Community Sanitary Sewer system,
allticipated to - be a STEP (Septic Tank * Effluent Pump) gollectiori
system, pumping facilities, a treatment facility, and dispersal
through leach fields on the project site: Preliminary wastewater,
bispersal areas haV6 beeri identified near the center of the.
n . roiect site
Water will be.provided by Del Oro Water Company (DOWC),
contingent upon conkuction of the Phase 1. of the DOWC
Regional lhtertie Project and Board approval of an additional!312
service connections to the DOWC's Limesaddle district.
LAND USE
ACRES
(approximately)
Residential
102 acres
Roads
35 acres
Passive Open
�_7 Facres
Space/Southem Area
Wetland
48 acres
Reserve/Western
Entrance
Wastewater
41 acres
Disposal/Deer Corridor
Eastem Slope/Fuel
39 acres
NLmiagement Area'
TOTAL
�_33 a cres
Key Issues
Appropriate Lot Size of development
m Fire safety in a 'Very High Fire Hazard'area,
Water supply from the Del Oro Water
Company, and,
Community wastewater and water quality
Wildlife migration/movement, corridor
m Open space management'.
ANALYSIS
Proposed PUD Allows Smaller Lot Sizes to
Preserve Open Space, consistent with GP,
densities.
Gross density = 0. 94 dus /acre
Net.density = 2.28 dus /acre
General Plan Consistency
LDR allows maximum of 6 dulacre
AR — conditional consistency findings
required for lots less than. 20 acres in size
I.ntegrate8 Open Space Managemeht Plan
Coo rdinates the multiple ma nagement.
strategies of diverse open space objectives
13 Will be prepared prior to final map to guide
Use
Maintenance, and
Long term conservation.
a Will be -reviewed and approved by CalFire,
CDFG, and Butte County
allu RUN
I.ntegrate8 Open Space Managemeht Plan
Coo rdinates the multiple ma nagement.
strategies of diverse open space objectives
13 Will be prepared prior to final map to guide
Use
Maintenance, and
Long term conservation.
a Will be -reviewed and approved by CalFire,
CDFG, and Butte County
Comments Received
13 CC&R's
Traffic Speed on Pentz
n'Water Quality in Lake.0roville & Kunkel
reservoir
Physical access'to Aiken,_parcel
Trespass on off-site lands adjacent to site
Fire Services Funding Plan
I.Recommendation
Continue the project open to June 10, 2010 at
the request of the Town of Paradise
'94,
I
May27,2010 Butte County, Planning Commission'Mebting
Paradise Summit Agenda Report TSM08-0006 and PUD08-0001. (V\Iyckoff)
TABLE OF CONTENTS
Agenda Report' Pgi 1 to 17
Draft Planning Commission Resolution Pgs 18 to 21
Draft Conditions of Approval Pgs 22 to 38
Draft Planned Unit Development Ordinance- Pgs 39. Jto 45
Vicinity Map Pg 46
General Plan/Zoning Map Pg 47
Draft Initial Study/Mitigated Negative Declaration Pgs 48 to.1 34
Technical Appendices to the IS.MND Pgs 135 to 443
Comment Lefters Pgs 444 to 465
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT 7- May 27,2010
Applicant: Wyckoff & Associates, LLC Supervisor 5
Eagle Meadows of Paradise 320 District:
Owner:
File #: PUD08-0001 Parcel Size: 333+/- acres
TSM08-0006
Request: Planned Unit Development (PUD) Planner: Stacey Jolliffe,
-and,Phased Tentative Subdivision Principal Planner
Map (TSM)
Current LDR (Low'Density Residential)
G.P.: for +/- 152 acres; and
AR (Agricultural Residential) for
+/-181 acres I Attachments
GP 2030 PUD (Planned Unit
Development) with a maximum
(Draft) of 335 units .
Zoning: AR- I (Agricultural Resident * ial I -
acre min parcel size) for +/-152
acres; and
AR- 2 1/2 (Agricultural
Residential 2.5 -acre min parcel
size) for +/- 181 acres
Zone Date: April 14, 1998
Proposed PUD (Planned Unit
Zoning Development)
APNs: 055-300-013, 038, 099, 101, 102,
103, 109 and 055-310-023, 025
A: Resolution Recommending
Approval with attached
conditions - �' . - . i
B: Draft PUD Ordinance
C: Vicinity Map and General
Plan/Zoning Map
D: Initial Study/Mitigated
Negative Declaration.
E: - Appendices to the IS/MND
(Environmental and'other
Special Studies)
Location: , Pentz Road at Lago Vista Way F: Correspondence Received
and Lindenbaum Lane, G: Tentative Subdivision
approximately 1/5 mile south of Map/PUD
the Town of Paradise, w- ithin the
Paradise Sphere of Influence
EXECUTIVE SUMMARY:
This project is a request for a phased Tentative Subdivision Map to divide +/-333 acres into 312
single-family residential parcels varying in size from 8,738 square feet (SF) to 32,099 SF, and
various lettered lots for open space uses. The Te ' ntative Subdivision Map is being processed
concurrently with an application for rezone of the site to Planned Unit Development (PUD) to
m Butte County Department of Development Services wMay 27, 2010 n
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allow for clustering of the 312 residences within a +/- I 37 -acre area of the site, while preserving
+/-195 acres as open space.
Key Issues include appropriate lot size for development, fire safety within this 'Very High Fire
Hazard' area, water supply from the Del Oro� Water Company, and various environmental
resource issues with - in the jurisdiction of state and federal agencies, all summarized in the
analysis section below.
Staff recommends that the Planning Commission adopt the attached resolution, recommending that
the Board of Supervisors take the following actions:
1) Adopt the Initial Study/Mitigated Negative Declaration per the California Environmental
Quality Act (CEQA),
2) Adopt the Paradise Summit Planned Unit Development PUD08-0001, and
3) Approve TSM08-0006 with findings and conditions.
SITE CHARACTERISTICS
The project site is in an unincorporated part of Butte County, within the Town of Paradise's
Sphere of Influence. The project is located about 3,000 feet east of the County's Urban
Reserve classification for the Town of Paradise.
0 The site is currently undeveloped and is characterized as valley foothill hardwood-conife , r
habitat with a mixed chaparral understory, and dominated by mixed oaks, gray pine, and
dense shrub.
A large wet meadow occurs in the western portion of property and an intermittent strearn
flows north to south along the western boundary of the site. Within and adjacent to the
wet meadow are inclusions of fresh emergent wet,land, 'seasonal wetland, and'riparian
habitats.
The topography of the project area has gentle to moderate slopes (lessthan 20%) in the
center of the site. Along the eastern portion of the site the slope becomes steeper and in
some areas' is greater than 30% (toward the. West Fork of the Feather River/Lake
Oroville). Approximately 6% of the site has slopes in excess of 30%, but this area lies
outside of the proposed -residential lot configuration'.
• The elevation on-site ranges from 1300-1680 feet above sea level with topography
ranging from flat to moderate slopes.
• The Upper Miocene Canal runs adjacent to the east side of the property and crosses the
southeastern portion.
0 The site is located within a floodplain X per map sheet 06007CO575C dated June 8, 1998.
w Butte County Department of Development Services sMay 27, 20 10 m
Agenda Report— Wyckoff s Paradise Summit TSM08-0006 PUD08-0001m Page 2 of 45 m
The site is within State Responsi ' bility Area for fire services and is designated as a Very
High Fire Hazard area. There are no Williamson act contracts on or , adjacent to project
area.
• This project site is generally located south of the Town of Paradise, west of the west branch
of.the Feather River, and East of Pentz Road.' Single-family reside ' ntial uses are located
primarily north, northwest, west and southwest of the project site. There -are no active
commercial uses in the immediate area at this time.
• Kunkle Reservoir is located to the southwest, and downhill, of the project site. -
PROJECT DESCRIPTION
This project requests a phased Tentative Subdivision Map to divide +/-333 acres
composed of eight parcels into 312 single-family residential parcels "varying in size from
8,738 square feet (SF) to 32,099 SF, and various lots for open space uses. (A ninth parcel
contains the Lindenbaum Lane access.)
Land Use Summary Table
LAND USE
ACRES
(approximately)'
Residential
102 acres
Roads
35 acres
Passive Open
-
67 acres
Space/Southern Area
Wetland
48 acres
Reserve/Western
Entrance
Wastewater
41 acres
Disposal/Deer Corridor
Eastern Slope/Fuel
39 acres
Management Area
TOTAL
333 acres
The Tentative Subdivision Map is -being processed concurrently with an application for
rezone of the site to Planned Unit Development (PUD) to allow for clustering of the 312
residences within a +/-137-acre area of the site, while, preserving +/-195 acres as open
space, to help protect sensitive resources and as an amenity to the subdivision.
The 312 residential lots are proposed to have a range of single-family homes with a mix
of single story and two story homes with attached 2-3 car garages.
Open space areas contain a wetland reserve area, deer herd migration/movement corridor
and wastewater disposal area which as proposed would not be available for use by the
public or residents of the subdivision.
0
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Public access to the southern open space,area (approximately 67 acres)'.and a pedestrian
trail system is currently proposed by the applicant; however, allowed open space uses
will be subject to approval of an integrated open space management plan to be developed
consistent with regulatory requirements,of resource agencies.
The project, development is- proposed to occur in seven (7) phases.. Project phasing will
be in approximately 40 to 60 -unit increments, concurrent with completion of
Lindenbaum Lane Will provide'the primary point of access. for the-oroject. Theimajorlity
of the project's -roadways Will be public roads built to County and California Fire Code
standards, for dedication to the County for maintenance.
Lago Vista Way will serve as a secondary meanIs'of ingress/egress. -Access to Lago,Vista
will be controlled by a universally accessed,key padgate approved by CDF-Cal-FIRE.
Since a County -maintained road cannot be gated, the new section of roadway between the
existing portion of Lago Vista Road , and the proposed gate (along with, the, gate) 'will be
privately owned, and maintained -by a proposed Home Owners' Association (HOA).
Residents of the development and emergency services would all have the access code for
use of this gate. These controlled access features.are intended to minimize the traffic
impacts to the existing Lago Vista -Road residences.
• The,project will build improvements tothe east side of Pentz Road, both north and south.
of Lago Vista Way, to,increase sight distance f6r traffic on the Lago Vista approach to
600' to the north and 550' to the south. These improvements will consist of I trimming
and/or removal of existing vegetation within the public right-of-way and/or grading along
Pentz Road, in the -public right -or -way,., as necessary to.achieve adequate sight -distance.
• A 60' wide,easement off the westerly extension of Lago Vistathrough the project as
Street D provides access to two 10 -acre parcels to the northeast of the, project, which'are
not a part of the project. Also, a 60' access easement off Street A is proposed between
the southwestern portion of the central open, space area, and �a +/-56-acre parcel to the.
southwest of the project'.
e Storm water disposal will be accomplished by five on-site detention facilities.
The project will build a -Community, Sanitary Sewer system, anticipated to be a STEP
(Septic Tank- Effluent Pump),'colle,ction system,,,pumping facilities, altreatment facility,
and dispersal through leach fields on the project site. Preliminary wastewater dispersal
areas have been identified near the center of the project site.
The project will form a Sanitation- District, Community Facilities District (CFD),
Community Services District (CSD), or other financing and management, entity to ensure
management and maintenance of common infrastructure -including wastewater treatment
and disposal, sto'ft water disposal, public common areas,� .(park- landscaping and
m Butte County Department of Development Services"wMay 27, 2010 ii
Agenda Report — Wyckoff s Paradise Summit TSM08-0006 PUD08-0001m Page 4 of 45
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irrigation), and open space and trail system. The project proposes to establish an HOA
with recorded Covenants, Codes and Restrictions (CC&Rs) for this purpose.
Water for the project will be provided by the Del Oro Water Company (DOWC). Water
provision for this project is contingent upon construction of the Phase I of the DOWC
Regional Intertie Project (approved 3722-07 via Use Permit 05-18), a project to provide
additional water supply from Lake Oroville to the DOWC system via a 16 -inch diameter
pipeline in Pentz Road from the Lime Saddle Marina to the Mountain Oaks Subdivision
Water Treatment Plant. The development requests that the Board of Supervisors approve
an additional 312 connections to the DOWC Lime Saddle district to accommodate the
proposed _PUD/TSM, in addition to the current 500 service connection, limit established
by UP 05-18.
DOWC proposes to purchase additional water supply from the County's Lake Oroville
Table A Water Allocation in order to provide domestic water to the proposed project.
EXISTING LAND USE DESIGNATIONS and CC&R's
Current General Plan
There are two existing General Plan land use classifications within the project boundary: Low
Density Residential (LDR) and Agricultural Residential (AR). These classifications split the
project with approximately the north half under the LDR and the south half under the AR.
The LDR General Plan designati on specifies the following relative to intensity of use and
consistent zones (page LUE-55).
Intensity of Use: One single-family dwelling per parcel with other residential uses
limited to a maximum density of 6 dwelling units per gross acre.* Home
occupations, farm animals, other uses and setbacks regulated to maintain single-
family residential character.
Consistent Zones: R- 1, R- I A&C, RT- I A, A -SR, M -R, S -R, SR -5, SR- 1, TM- 1,
R -MH, PA -C (now PUD).
*Development with densities in excess of 4 dwelling units per gross acre
utilizing septic waste disposal systems must meet Health Department
requirements and be clustered (For example, PUD - Planned Unit
Development, or similar ordinance provision) or be provided with sewer
service.
The AR General Plan designation specifies the following relative to intensity of use, consistent
zones, and conditionally consistent zones (page LUE-5 1):
Intensity of Use: Minimum parcel size of one to forty acres. One single-family
dwelling per parcel. Home occupations, farm animals, other uses and setbacks
regulated to maintain rural character.
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Agenda Report — Wyckoff's Paradise Summit TSM08-0006 PUD08-0001 m Page 5 of 45
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Consistent Zones: A-20, A-40, TM -40, FR -20, FR -40 & C -F
Conditionally Cofisistent Zones: A-5, A- 10, TM- I thru TM- 10, FR -2 thru FR- 10,
SR -1, AR, MH -3, RT-lA & PA -C (now PUD),' subject to findings of conformity with
Conditional Zoning and Development Criteria'listed below:
4
Conditionally Zoning and Development Criteria:
1. Compatible' with neighboring agricultural activities.
2. 'Evidence of adequate water and sewage disposal.
3. Availability of ade4uate fire prote ction facilities.
4. Adequately maintained approved road access with sufficient capacity to service
the area.
5. Reasonable accessibility to commercial services and schools.
Current Zoning ' . I
Corresponding to the. two General Plan land use, classifications, there are two zoning
designations within the project boundary: AR -1 (Agricultural Residential one acre minimum)
and AR 2 1/2 (Agricultural Residential two and a half acre minimum). These classifications split
the project site with approximately the north half under the AR -1 and the south half under the
AR 2 1/2. The following table summaries the dwelling unit yield with the existing General Plan
and zoning designations.
is
Maximum Allowable Yield with Current Land Use Designations & Zoning
Paradise
Current
Max
Max
Current
Max
Max
Summit
General
Intensity
GP
Zoning
Zoning
Zoning
Gross
Plan
of Use
yield
Density
yield
Acreage*
(GP)
(dus)
(dus)
183
LDR
6 dus/ ac
1,098
AR -1
I du/ ac
183'
150
AR
I du/ac
150
AR -2 Y2
0.4, du/
60
ac
-
1333 1
1,248
243
*Gross calculations do not take into account site constraints
While the project is not consistent withAhe maximum dwelling unit yield andininimum parcels
sizes allowed by the current AR- I and AR 2 1/2 zoning designations, as noted above, apprio-val of
the PUD application would rezone the property to site specific criteria adopted for the Paradise
Summit PUD and consistent with the applicable General Plin densities (discussed in more detail
below). If the PUD is adopted as proposed,- the project would not need,to be consistent with the
existing AR- I and AR -2 Y2zoning designations.
Covenants Codes and Restrictions (CC&Rs)
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The County approved a Tentative Subdivision Map --phase I of the Madre De Oro TSM --in
1980, which included the existing Lago Vista and Salmon residential lots, near the northwestern
project boundary. With recordation of that Phase I development, CC&Rs were recorded in 1983
that specified a minimum of one -acre lot sizes within the subdivision. Neighbors to the proposed
Paradise Summit� Project have forwarded the CC&R's to County staff asserting that those
CC&R's applied to the Paradise Summit project. A letter from Ted Reece is provided in
Attachment F to this report.
The portion of the Madre DeOro subdivision project area that is now Paradise Summit was part
of the Madre DeOro TSM as originally proposed, but was not a part of the TSM as approved by
Butte County. The portion of the proposed Madre de Oro TSM which is now Paradise Summit
was excluded, from the approved TSM due to environmental constraints -and is noted as
'remainder' on the County's Record of Survey Maps.
The public approval process for the Lago Vista and Salmon (Phase 1) lots could not reasonably
cause the CC&R's to be placed on the Paradise Summit project area., as the Paradise Summit
project area was not a part of the same TSM that approved the Lago Vista and Salmon (Phase 1)
lots. The County's approval of Phase I could not require the CC&Rs to establish a one -acre
minimum lot size restriction on the Paradise Summit project area as a condition of approval as
this was a designated remainder (Government Code section 66424.6). The CC&R's do not
appear to serve an established public purpose identified to date, and they do not appear related to
any previous County direction or action.
ANALYSIS
Proposed PUD Allows Smaller Lot Sizes to Preserve Open Space
Irrespective of the CC&R issue, the proposed project requires discretionary action by the Board
of Supervisors to allow lot sizes substantially smaller than the I acre and 2 Y2 acre lots current
specified by existing zoning.
With approval of the Planned Unit Development (PUD) application, the AR -I and AR 2 Y2zones
would be rezoned to 'PUD,' and specific land use and development regulations would be
adopted for the Paradise Summit PUD. The Tentative Subdivision Map and PUD application
would cluster the 312 residences within a +/-137-acre area ofthe site, while preserving +/-195
acres as open space, to help protect existing wildlife habitat and other resources.
Some of the 195+ acres would likely be kept in open space with or without the PUD designation.
For instance, jurisdictional wetlands and slopes in excess of 30% are less cost-effective to build
upon t6n * land more readily available for development. (The exact acreage of land set aside due
to state and federal regulatory processes, such as the 404 permitting process by the US Army
Corps of Engineers for jurisdictional wetlands, will be known only after completion of the state
and federal permitting processes, which is proposed to occur, after County action on the TSM.)
E
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Other portions of the 195+ acres preserved in open space could have been subdivided, but
instead will be precluded from future development by the PUD ordinance in conjunction with the
smaller lot sizes.
The following excerpt is from the Butte County Code, relative to the PUD. Zone.
24-2 10 PUD (Planned Unit Development) Zone.
(a) Purpose. The purpose of the Planned Unit Development (PUD) Zone is to
allow diversification. in the relationship of various uses, buildings, structures, lot
sizes and open spaces, to encourage and take advantage of opportunities for more
integra�ed, flexible and superior design than is available through the application of
conventional regulation which anticipates individual lot development.' It is the
intent of this zone to provide a flexible means to implement the goals, policies
and'programs of the Butte County general plan while ensuring the provision of
adequate standards to protect the public health, safety and general welfare. It is
also the purpose. of this zone to encourage innovative, high-quality design,
efficient use of land and modem site planning for residential, agriculture,
commercial and industrial purposes.
(c) Land use density area.. The residential land use density of any planned unit
development zone shall not exceed that allowed by the Butte County general plan
designation for the proposed site.
The Planned Area Cluster (PA -C), now known as a Planned Unit Development (PUD), is listed
as a Consistent Zone in the LDR land use classification and a Conditionally Consistent Zone in
the Agricultural Residential land use ' classification. An evaluation of the project based on the
Conditional Zoning and Development Criteria (used to determine if the project is consistent with
the AR land use designation) is provided below.
General Plan Consistency—Low Density Residential Designation
Detached single family housing at urban densities is a primary use in the LDR General Plan
designation. Agricultural uses and single-family dwellings at rural densities -are primary uses
within the Agricultural Residential land use designation. The proposed project has a gross
density of 0.94 dwelling units per acre (312 dus / 333 acres). Within the 137 acres proposed for
development (excluding open space areas), the net density would be 2.28 dus / acre, which is
generally consistent with the single family housing allowed as -a primary use in the AR and LDR
General Plan designations.
Pages 46 and 47 of the General Plan Land Use Element outline the principles and standards in
reviewing- development proposals. Specifically, page 47 indicates the Intensity of Use section as
follows: Specific limitations on parcel sizes and residential densities are indicatedfor most
categories. Other uses which should be restricted in some fashion are also presented. Each
zone should regulate all uses as need to maintain pri . mary uses andprotect adjacent uses.
s Butte County Department of Development Services mMay 27 2010 m
Agenda Report — Wyckoff s Paradise Summit TSM08-0006 PUDOMWI a Page 8 of 45
The LDR designation allows for a maximum density of six residential dwelling units per is
gross acre. The project proposes a density of .94 residential dwelling units per gross acre
an&2.28 residential dwelling units per net acre Therefore, the proeect is consistent with
the LDR General Plan Land Use designation.
General Plan Consistency— Agricultural Residential Designation
(Conditional Zoning and Development Criteria)
The General Plan Land Use Element intensity of use section for the AR designation specifically
expresses the intensity in parcel size. Staff has evaluated this section relative to the Planned Unit
Development zoning code (BCC §24-210) as one of the conditionally, consistent zones in the AR
land use designation. 'A PUD is a type of application that can be considered in projects which
propose an equivalent total number or yield of parcels as the General Plan Designation (i.e.
matching the overall density of a minimum parcel size of one acre for the -acreage of land in the
AR designation). The residential land use density of any planned unit development zone cannot
exceed that allowed by the General Plan designation for the proposed site.
An evaluation of the project based on the Conditional Zoning and Development Criteria of the
AR land use designation follows. This is identified in the AR land use designation of the
General Plan as a means for determining whether lot sizes below 20 acres in size are consistent
with the AR land use designation. The attached resolution of approval recommends that the
Board of Supervisors make a defermination that the Paradise Summit project meets Conditional
Zoning and Development Criteria with mitigation measures and conditions of approval.
1. Compatible with neighboring agricultural activities. Inproximity to theproject,
site, no agricultural activities have been identified The project is compatible with
neighboring agricultural activities, to the extent they exist.
2. Evidence of adequate water and sewage disposal. The Central Valley Regional
Water Quality Control Board has reviewed, a report of waste discharge application for
the project's proposed community wastewater system and determined that application to
be complete on July 27, 2009. Additional waste discharge requirements necessaryfor
the project cannot be met until CEQA is complete and will therefore be issued after
adoption of the A"D in conjunction with action on the Tentative Subdivision Map and
Plan nied Unit Development. Mitigation for the project ensures that a final map for
development of the project cannot be recorded until the RWQCB permitting process is
complete,. This will identify beneficial uses and water quality objectives of all the surface
water bodies and underlying groundwater at the site, and ensure that water quality will
fully maintain and protect beneficial uses and not cause exceedance - of water quality
objectives,, or other criteria determined acceptable to RWQCB, the responsible agency
under CEQA for water quality and sewage issues.
Similarly, Mitigation for the project ensures that a final map for development of the
project will not be recorded until water supply is demonstrated Del Oro Water
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Company (DOWC) has planned and permitted a 16" waterline up Pentz Road with
adequate capacity to serve the project site. Butte County water suppliesftom the Central
Valley Water Project Lake Oroville via Lake Oroville (Table A Water) are available for
water supply, consistent with the Water Supply Assessment by Luhdorff & Scalminini
Consulting Engineers dated December, 2009.
3. Availability of adequate fire protection facilities. Mitigation measures #18 would
provide additional_fundingfor fire services as necessary to meet adopted resonse times.
Additional mitigation measures include afuel modification plan (Mitigation Measure #8)
to reduce wildfire threat to the development and homeowner disclosures regarding the
project's location within a high fire hazard area. Homes will be constructed with fire
sprinklers, consistent with applicable building codes.
4., Adequately maintained approved road access with sufficient capacity to service
the area. The project includes two ingresslegress points to Pentz Road,' one at
Lindenbaum Lane and another at Lago Vista Way. A traffic study prepared for the
project indicates that Pentz Road and intersections affected by the project have adequate
capacity to accommodate projected traffic increases while maintaining acceptable levels
of service. In additional to providing adequate road access pursuant to County
standards for new lots, the project also provides improves access and circulation for
existing homes on Lago Vista Way. Through construction of proposed 'Street A' and
'Street C,' the project will connect Lindenbaum Lane and Lago Vista Way, effectively
providing a secondpoints of accessfor homes on Lago Vista Way.
5. Reasonable accessibility to commercial services and schools.
The project site is located within the sphere of influence of the Town of Paradise and
approximately. 115 of a milefi�om the incorporated town boundary. Commercial services
and schools are located reasonably close to the proposed development.
This evaluation of the oroiect relative to the Conditionallv Zonine and DeveloDment
Criteria of the AR land use designation, suggests that the project is conditionally
consistent within the A -R General Plan designation. The detertnination of whether the
agplication meets Conditionally Zoning and Development Criteria is ultimately subject to
decision by the Butte County Board of Supervisors.
General Plan 2030
Projects considered prior to approval of Butte County General Plan 2030 (GP20230) are only
evaluated under the current General Plan. The following discussion is provided for information
as the Draft GP2030 is not and cannot be used for evaluating a project until GP2030 is approved. -
The Draft (unadopted) General Plan 2030 does na include an Agricultural Residential land use
designation. The proposed designation in the Draft GP2030 shows the project site as Planned
Unit Development:
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Paradise Summit Planned Unit Development 0
The Paradise Summit PUD will determine the mix of uses that will occur in a 333 -acre
area located southeast of Paradise. The PUD will limit development to not more than 335
dwelling units in a clustered development pattern. , -
Compatibility with Adjacent Land Uses
North and west of the project is developed with large lot residential uses. Area uses also include
a nearby mobilehome park to the north and a residential Planned Unit Development to the east of
Pentz Road. Although the proposed subdivision's lot sizes are smaller than the adjacent
subdivision to the west, the gross density of the project is not incompatible with the large lot
development in the area.
A 3,500+ acre area west of Pentz Road, South of Pearson Road, and east of Clark Road was
designated as a Specific Plan Area in 1994 with adoption of the Town Of Paradise General Plan.
The Draft Southeast Paradise Area Specific Plan was prepared in March 2008 for the
approximately 5.5 square mile area. The Draft SP states that "the Town's land use concept for
future development of the Plan Area incorporates mainly residential, parkland, and recreational
uses within the context of preserving environmental and cultural resources." Numerous
development constraints are identified such as steep slopes and habitat preservation, and the
Specific Plan estimates only 556 developable acres within the Specific Plan Area. Of this
developable acreage, approximately 300 acres are in common ownership; a conceptual land use
scheme (not a formal application) has been reviewed by the Town and is referred to as 'Merritt
Ridge.'
The project appears compatible with growth anticipated by the Town of Paradise in its sphere of
influence and compatible with adjacent existing and planned development. Proposed lot sizes
are smaller than surrounding residential development to the northeast; however, the proposed
project would yield a siriii1ar overall density of development given the 195 acres of land set aside
in open space. Smaller lot sizes are consistent with the objective of conserving resource land
while providing adequate housing. Residential land uses are typically considered compatible
with other residential land uses despite differing parcel sizes. With proposed mitigation and
conditions of approval, the project was not found to generate noise, dust, traffic or other
nuisances that would constitute an incompatibility with surrounding residential land uses.
Water Supply Assessment
As noted above under the Conditional Zoning and Development Criteria, a water study has been
prep ared pursuant to state law (SB610/221) to describe how much water and what types of
supporting infrastructure are needed to supply water to the project site. That analysis has been
prepared and is- provided in Attachment E to this report (Appendix K to the IS/MND). As
Executive Officer for Del Oro Water Company (DOWC), Robert Fortino has signed a letter
concurring with the conclusions,of the N�ater study.
DOWC proposes to obtain additional water to serve the project, as identified in the WSA, from
the County's allocation of Lake Oroville water (Table A water). Although the price and terms of
potential sale of Table A water have not been negotiated, adequate water supplies are available to
n Butte County Department of Development Services sMay 27, 20 10 n
Agenda Report — Wyckoff's Paradise Summit TSM08-0006 PUD08-0001m Page I I of 45
serve the Paradise Summit Project. Water Conveyance infrastructure-from,Lake Oroville uo
Peritz Road to serve,the project site was approved'by Use Permit UP 05-18, but has not yet been
constructed. That use permit limited service connections to .500 to serve existing and planned
uses (not including the Paradise Summit Project). Additional s6rvice connections -would be
required for the proposed TSMIPUD. Condition of approval #21 is recommended such that, prior
to recordation of the First Final Map, Del Oro Use Permit UP05-18 will be modified to allow an
additional 312 service connections to Del Oro Water Company's Lime Saddle District.
The'Planning Commission is' not charged with making recommendation 'to the Board'of
Sup�rvisors -relative to the use or price of Table A N�ater. Any Board action to approve the
Paradise- Summit project would need to b6 accompanied by adequate' Table A water sales to
serve de�elopment, as identified by the WSA.'
DEPARMENT/AGENCY REVIEW,' I '
The project will involve numerous agencies and permitting pr9cesses.
0
f
Action/Approval 0
Agency
TSM, PUD and Expansion of -Water
Butte County
Connections for the DOWC, Encroachment
into Pentz Road
Waste Discharge Requirements, Anti-
CA Regional Water Quality Control Board
Degradation Permit; Construction Storm
Water Permit
Community Financing District Benefit
Local Agency Formation Commission
Assessment District'(1f proposed)
(LAFCO) if CFD or BAD is proposed. ' '
Other,financing mechanisms may not require
LAFCO approval
Fuel Modification Plan
CalFire/Butte County Fire
Wildlife Corridor Plan, Monitoring Plan,
CA Department of Fish and Game
Streambed Alteration Permit
Section 404 permit or waiver of permit
'US Army Corps of Engineers
Regulatory oversight will be provided by Butte County Departments, including Public Works for
improvements within the public rights-of-way, Environmental Health for the public water supply
and private wastewater treatment, CalFire/Butte County Fire for a fuel modification plan and Fire
Services Funding Plan, and Development Services for plan check, Qlding inspection, mitigation'
monitoring. The conditions of approval and mitigation measures contained in this report have been
prepared and/or reviewed by County Departments.
Various state agencies have been provided the Initial Study/Mitigated Negative Declaration; some
have commented typically on issues'within their specific jurisdiction, including the California
Regional Water Quality Control Board, Butte County Air Quality District, California Department of
Transportation, and California Department of Fish and Game Comments received. during early
consultation on thl� proposed project we're incorporated into the Initial Study/�Iitiga ted Negative
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12
Declaration. Some correspondence has also been included in the Technical Appendices to the
IS/MND and other comments are included in comments on the project, Attachment F to this report.
CalFire/Butte County Fire Department
Fire Safety and Fire Services Funding
Fire Safety and Fire Services Funding are key issues that were identified during both early
consultation on the project and the initial study of environmental review.
The project is within a Very High Fire Hazard Severity Zone within the State Responsibility Area.
Steep slopes of 46 to 53% located at the project site's eastern edge exacerbate concerns of wildfire
traveling quickly to the project site. The eastern slope is covered with. dense to impenetrable
thickets of Manzanita, buck brush, mountain mahogany and scrub oak, posing a significant
potential wildfire fuel source. Areas north and east of the project site have a recent history of
wildfire occurrence. (Mitigation measures are identified in the section below.)
Concern that Butte County Fire Department response times will not meet standards contained in
the Standards of Response Cover Study (November, 2007) and the closing of Paradise Fire
Station #2 underscore the need for a fire services funding plan as an essential step towards
providing adequate fire services. Mitigation #18 offers a briefoutline of a fire services plan
which should be fleshed out according to which funding mechanisms are identified.
Butte County Environmental Health
Wastewater Treatment
The onsite wastewater collection and treatment system for the proposed development is
anticipated to utilize Septic Tank Effluent Pumping (STEP) collection for collection of effluent
to a common treatment facility and dispersal system. Butte County Environmental Health is
recommending Condition of Approval #46 such that the applicant agrees to participate in the
establishment of a County -approved entity for oversight of the wastewater facility. The project
would place its waste treatment and dispersal system under the purview of the County -approved
oversight entity when that option becomes available.
The applicant has expressed reluctance to agree to participate in an entity which has not yet been
defined and is proposing the Home Owner's Association for oversight of the wastewater system.
ENVIRONMENTAL REVIEW/CEQA ISSUES
The Initial Study/Mitigated Negative Declaration was sent to the Governor's Office of Planning
and Research, State Clearinghouse (CA Government Code §15073(d)). A legal notice with a 30 -
day review period (April 27, 2010 to May 26, 2010) was mailed to landowners within 300 feet of
the project site as welt as people expressing interest in the project, and a notice was placed in the
Paradise Post.
The Initial Study prepared for this project identified twenty (20) mitigatiow measures necessary
to reduce potential environmental impacts to less than significant. Many identified impacts can
be mitigated via standard mitigation measures. Please see the Initial Study/Mitigated Negative 40
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Declaration, Attachment D. Potential impacts not addressed by standard mitigation measures
include the following:
Air Quality
Given the size of the'project, the URBEMIS air quality model was run for the project which
indicated the project would generate Level B impacts. Level A impacts can be reduced to
less than significant by standard mitigation measures such as dust control, specified in
Mitigation Measures #1.
Best Available Mitigation Measures (BAMM) must be applied to reduce air quality
.impacts from Level B to below Level A. An emissions reduction target of 4.77 was
identified for the project ' to reduce impacts to a less than significant level. The applicant
proposes to meet that target reduction in part,,by prohibiting wood burning stoves and
appliances within the development and by contributing in -lieu fees to BCAQMD to
reduce emission in the Paradise SOL The in -lieu fee could be utilized to expand the
woodstove/fireplace replacement program within the Paradise SOI; a program, will be
developed by the BCAQMD. Mitigation Measures #1 and #2 as circulated in the Public
Draft Initial Study have been modified to implement additional measures proposed to
achieve the emissions reduction target, constituting equal or better mitigation than
mitigation in the initial study.
Biological Resources. Various environmental studies were performed to evaluate project's
impact to biological resources on site, including a biological resource assessment, a botanical
study, a wetland delineation, and an oak tree canopy study (See the appendices to the Initial
Study, Attachment D to this report.) A summary of the environmental studies performed to
evaluate biological resources is found in section 4A of the Initial Study.
Rare Plants
0
Mitigation Measures #3 mitigate impacts to Butte County calycadenia, (a CNPS
List 4 plant species): the California Department of Fish and Game will be given
advance notice of construction -related impacts and granted access to the site for
plant removal or seed collection.
Mitigation Measure #4 indicates that areas known to support Red , Bluff dwarf
rush, a CNPS list IB plant, will be avoided with a minimum 100 -foot set -back.
During construction, environmentally sensitive area (ESA) fencing will be placed
around avoidance,, areas including wetlands and known CNPS listed plant
populations.
Oak Woodlands.
An oak canopy study prepared by Galloway Consulting Inc (Appendix — to the
Initial Study; see attachment X) estimated that 68% of the oak tree canopy will be
preserved based on oak tree location outside of proposed areas of development
disturbance. The project has identified an overall goal of 75 percent retention of oak
woodlands. The desirability of mature shade trees on new residential lots and the cost
of oak mitigation will both encourage oak tree preservation in excess of the minimum
68% preservation estimated by the preliminary canopy analysis.
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14
Wetlands.
* Mitigation #6 requires that a comprehensive field' survey of oaks within
development areas be conducted and an Oak Tree Mitigation Plan be approved by
the County prior to final map approval for individual development phases.
* Public Resources Code section 21083.4 provides direction on suitable mitigation
for oak Woodland loss. Replanting oak trees -is limited to one half of overall
mitigation per PRC 21083.4(b)(2)(C), and -requires monitoring and replacement
until replanted oaks become established, not less than seven years.
* The project description/design, PUD ordinance with open space' designation's and
the open space management plan' constitutes "Other mitigation measures
development by the Count�" to offset oak tree loss consistent with 21083.4(b)(4).
This oak mitigation program will provide oak tree preservation and replanting in
areas managed as permanent open space.
The project will avoid the majority of wetland features, (12.079 acres of ju'risdictional
Wetlands are present on site), but improvement of Lindenbaurn Lane may require some
minor wetland fill.
Mitigation #7 requires submittal of documentation that 404 permits, or waiver of
permits, have been received from US Army Corps of Engineers (USACOE) and
1600 perriiits.' or waiver of permits have been received from CDFG.
Critical Deer Herd Area and Integrated Open Space Management Plan
A letter dated November 10, 2009 from the California Department of Fish and Game
(CDFG) identifies conditions for conceptual support of the project, notwithstanding the
project's location within a critical winter herd area. Pr6ervation and maintenance of a
deer corridor as well as the 195 acres of open space proposed were identified as factors
in overall support of the project: The co nditions associated with support of the project,
and detailed in the November 10 letter, will be implemented within a larger Integrated
Open Space'Management Plan (IOSMP). Open space uses include wetland reserve,
deer herd corridor, wastewater treatment, fuel modification, and passive recreational
use& such as hiking and birdwatching.
In order to coordinate the multiple management strategies -appropriate to these diverse
open space objectives, Mitigation Measure #8 requires the preparation of an Integrated
Open Space Management Plan (IOSMP) to guide use, maintenance, and long term
conservation of environmental resources in open space areas.
Mitigation #8 specifies that an Integrated Open Space Management Plan QOSMP)
will be prepared by the applicant for review and approval prior to the issuance of
the First Final Map. The IOSMP would be reviewed and approved by CalFire,
CDFG, - and Butte County Departments of Environmental Health and
Development Services. The plan shall specify appropriate oversight entities and
roles of each entity/agency and will contain a,Public Access and Recreation Plan.
Wildlife, Corridor Plan, to the satisfaction of California Department of Fish and,
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Game (CDFG), Fu`eI Modification Plan, Oak Woodland Mitigation Plan, Open
Space Maintenance and Monitoring Prbvisions.
9 Mitigation #9 notifies future homeowners of 'potentially dangerous wildlife and
human interactions, that'homeowners assume all risk and that wildlife depredation
permits will not be issued for the area.
0 Mitigation #10 directs a proposed Home Owners Association proposed to provide
educational materials to new homebuyers to reduce impacts to open space
resources, especially relative to maintaining the wildlife corridor.
Cultural Resources
Mitigation Measures #11 and 12 relate to th e avoidance of identified cultural'
sites.
Mitigation #13 is standard mitigation applied if cultural resources are encountered
during construction. Mitigation #14 is standard mitigation for a construction storm
water pennit.
Water Quality
Anti -degradation Analysis. The project is located up -gradient of the Kuenkle
Reservoir. The project's on-site wastewater treatment system and storm.drainage
system must be designed to avoid contamination of this public water supply and
also to meet other applicable regulations. Mitigation # 15 specifies that applicable
standards of the California Regional Water Quality Control Board (RWQCB) 'will
be met prior to recordation of each final map.
The project received an approved Report of Waste Discharge from the California
Regional Water Quality Control.Board (RWQCB) regarding the proposed on-site
community wastewater treatment and, disp o*saI system. Prior to construction,
the applicant will need to coordinate with the RWQC13 to'adopt Waste Discharge
Requirement ("Rs) and to make application to Butte County Division of
Environmental Health for a permit to construct the Wastewater System.
Mitigation # 16 is standard mitigation for a permanent solution for drainage, which
will be phased with development. Mitig&ion #17 is standard mitigation to limit
construction noise.
High Fire Hazard
Mitigation Measure 18 identifies a need for a fire services funding plan to be
submitted to and approved by Butte County Fire Department/CAL FIRE. The fire
services funding plan "shall specify how adequate fire services, meeting response
times specified in the Standards of Response Cover Study for the Butte County
Fire Department dated November 30, 2007, will be achieved. The developer must
participate with/in a Benefit Assessment district (BAD) a County Service Area
(CSA), Community- Facilities District (CFD) or other Department of Public
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Agenda Report — Wyckoff s Paradise Summit TSM08-0006 PUD08-0001 a Page 16 of 45 16
Works approved entity wi th terms -and conditions acceptable to the Director of
Public Works prior to recordation of the Final Map."
0 Mitigation # 19 provides wildfire disclosure to future homeowners.
Transportation
Mitigation #20 identifies sight distance criteria at the Lago Vista at Pentz Road
intersection of 550' to the south and 600' to the north.
Comments Received
Comments received to date are provided in Attachment F. Available information has been
incorporated into the Initial Study for the project and this report. Specific respo6ses to
comments received will be provided my separate memorandum before or at the Planning
Commission hearing.
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17
ATTACHMENT A
RESOLUTION --
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL OF PLANNED UNIT DEVELOPMENT 08-0001 AND
� TENTATIVE SUBDIVISION MAP 08-0006
FOR PARADISE SUMMIT (Wyckoff & Associates, LLC)
WHEREAS, the Planning Commission has considered Tentative Subdivision Map TSM08-
0006 and PUD08-0001 for Wyckoff & Associates, LLC in accordance with Chapter 20,
Subdivisions, of the Butte County Code on eight Assessor's Parcel Numbers 055-300-013, 038,
099, 101, 102, 103,109 and 055-310-023,025; and
WHEREAS, the Planning Commission has considered a Mitigated Negative Declaration in
accordance with the California Environmental Quality Act; and
WHEREAS, said map was referred to various affected public and private agencies, County
departments, and referral agencies for review and comments; and
WHEREAS, a duly noticed public hearing was held on May 27, 2010; and
WHEREAS, the Planning Commission has considered public comments and a report from
the Planning Division.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends to the Butte
County Board of Supervisors that relative the Paradise Summit project, the Board of Supervisors:
I. . Adopt a 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 Planning Commission has considered the Mitigated Negative Declaration,
together with comments received during the review process.
C. On the basis of the whole record before the Planning Commission, including the
Initial Study and any comments received, there is no substantial evidence that the
project (TSM08-0006 and PUD08-0001) would have a significant impact on the
environment. 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.
D. Mitigation Measure #2 as proposed in the draft Initial Study circulated for public
review, requiring that the applicant meet reduction ta ' rgets of Butte County Air
Quality Management District (BCAQMD)", has been modified in a manner to
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18
specify, the manner in which reduction targets a re to be achieved and constitutes 0
equal or better protection of environmental resources. The implementation of
mitigation measure, as adopted, will ensure impacts to air quality are reduced to
less than significant.
E. The Mitigated Negative Declaration reflects the independent judgment and analysis
of Butte County, which is the Lead Agency.
Find that the collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR
753.5 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 the 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)). '
HI. Adopt an ordinance rezoning the project site to PUD Planned Unit Development.
A. - The project meets the Conditional Zoning and Development Criteria for the
Agricultural Residential General Plan land . use designation, with mitigation
measures and conditions of approval recommended for the project.
1. Compatible with neighboring agricultural ' activities. In proximity to the
project site, no agricultural activities have been identified. The project is
compatible with neighboring agricultural activities, to the extent they exist.
2. Evidence of adequate water and sewage disposal. The Central Valley
Regional Water Quality Control Board has reviewed a report of waste
discharge application for the project's proposed community wastewater
system and determined that application to be complete on July 27, 2009.
Additional waste discharge requirements necessary for the project cannot be
met until CEQA is complete and will therefore be issued after adoption of the
WD in conjunction with action on the Tentative Subdivision Map and
Planned Unit Development. Mitigation for the project ensures that a final
map for development of the project cannot be recorded until the RWQCB
permitting process is complete. This will identify beneficial uses and water
quality objectives of all the surface water bodies and underlying groundwater
at the site, and ensure that water quality will fully maintain and protect
beneficial uses and not cause exceedance of water quality objectives, or other
criteria determined acceptable, to RWQCB, the responsible agency under
CEQA for water quality and sewage issues.
Similarly, Mitigation for the project ensures that a final map for development
of the project will not be recorded until water supply is demonstrated Del
Oro Water Company (DOWC) has planned and permitted a 16 " waterline up
Pentz Road with adequate capacity to serve the project site. Butte County
water supplies from the Central Valley Water Project Lake Oroville via Lake
Oroville (Table A Water) are available for water supply, consistent with the
Water Supply Assessment by Luhdorff & Scalminini Consulting Engineers
dated December, 2009.
is
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19
is
3. Availability, of adequate fire protection facilities. Mitigation measures #18
would.provide additional funding for fire services as necessary to meet
"adopted response times. Additional mitigation measures include a fuel
modification plan (mitigation measure #8) to reduce wildfire threat to the
development and homeowner disclosures regarding the, project's location
within a high fire hazard area. Homes will be constructed with fire
sprinklers, consistent with applicable building codes.
4. Adequately maintained approved road access with -sufficient capacity to
service- the area. The project includes two ingresslegress points to Pentz
Road, one at Lindenbaum Lane and another at Lago Vista Way. A traffic
study prepared for the project indicates that Pentz Road and intersect , ions
affected, by the project. have adequate cdpacity to accommodate projected
traffic increases while maintaining acceptable levels of service. In
additional to providing adequate road acces's 'pursuant to County standards
for new lots, the project also provides improves access and circulation for
existing homes on Lago. Vista Way. Through construction ofproposed 'Street
A' and 'Street C, 'the project will connect Lindenbaum Lane and Lago Vista
Way, effectively providing a second points of access for homes on Lago Vista
Way.
5. Reasonable accessibility to commercial services and schools. The project site
is located within the sphere of influence of the Town of Paradise and
approximately 115 'Of a mile ftom the incorporated town boundary.
Commercial services and schools are located reasonably close to the
proposed development.
B. The proposed map is consistent with the Butte County General Plan Goals and
Policies, particularly Land Use Element Polices:
3.2.a. Residential densities shall,be correlated to soil, slope and other natural site
characteristics.
3.2.b. Correlate residential densities to availability of water and sewage disposal
and proximity to other public facilities.
3.2.c. Relate residential densities to intensity and compatibility of adjacent uses.
3.2.d. Balance residential densities with traffic -carrying capacities of existing and
proposed circulation plans.
7.1.a. Consider fire hazards in all land use and zoning decisions, environmental
review, subdivision review and the provision of public services.
C. The design and -improvements of the proposed subdivision are consistent with County
standards and policies provided. all conditions of project approval are complied with.
D. The project is physically suitable for the use and density of the proposed development
because the portion of the site proposed for development does not contain steep
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20
slopes, there are no drainages,on the site, and the soils on the site are adequate for an
on-site wastewater collection and treatment facility.
E. The design and improvements of the project will not cause public health or safety
problems, because the project site does not contain any physical characteristics that
could, cause health or safety concerns with the provided mitigations.
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
subdivision provided the attached conditions are met.
G. The project site is not located within an earthquake fault zone, a I 00 -year flood zone,
or an Airport Compatibility Zone. Compliance with Butte County Code Chapter 26
will ensure safety of structures and residents.
H. 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.
L The project Would not cause a significant impact to any residential or agricultural
areas adjacent to the project site.
J The roads in the project area have the capacity to handle the existing vehicular traffic
currently generated by the project; no additional development is proposed and
therefore no additional traffic will be generated by the project.
IV. Approve TSM08-0006 (Wyckoff & Associates), subject to findings and conditions of
approval (Exhibit A to this resolution).
,DULY PASSED AND ADOPTED this 27th day of May, 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chuck S. Nelson, Chair
Planning Commission
County of Butte, State of California
ATTEST:
Kim McMillan, Secretary
Planning Commission
County of Butte, State of California
0
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.0
EXHIBIT A
Tentative Subdivision Map for Wyckoff & Associates, LLC, Assessor's Parcel Numbers:
055-300-013, 038, 099, 101, 102, 103, 109 atid 055-310-023; . File # TSM08-0006: An
application for a phased Tentative Subdivision Map to subdivide +/-333 acres.into 312 single-
family residential,parcels varying in size from 8,738 square feet (SF) to 32,099 SF within a +/-
137 -,acre area, of the site, and various lots for open space uses with +/-195 acres of open space.
1. CONDITIONS OF APPROVAL:
Planning Division
1. Mitigation Measure #1:
The following measures. shall apply to all development activities on the. project site.
Additionally, a note shall be placed on. a separate document which is to be recorded concurrently
with the map or on I an additional map sheet that states: "bust generated by the developmen ' t
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 t ' wo 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 me asures may be required as determined appropriate by the BCAQMD or
Department of Public Works inorder 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 shall be
visible to ensure compliance with BCAQN11D Rule 200 & 205 (Nuisance and Fugitive
Dust Emissions).
Other Construction Practices
i) Maintain all construction equipment in proper tune according to manufacturer's
specification.
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j) Where feasible, give preference to utilizing the following equipment:
0 Electric equipment
0 Substitute gasoline -powered ' for diesel -powered equipment
* Alternatively fueled construction equipment on site such as compf6ssed natural
gas (CNG), liquid natural gas (LNG), propane, or biodiesel.
e Equipment that has Caterpillar pre -chamber diesel engines, as practical.
0 Die'sel construction equipment meeting the California Air Resources Board's
(CARB) 1996 or newer certification standard for off-road heavyrduty 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. I
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 mapor on an additional map sheet. Building inspectors shall spot check
and shall ensure compliance on-gite. Butte County Air Pollution Control District inspectors shall
respond to nuisance complaints.
-2-. Mitigation Measure #2: Prior to approval of the first Final Map for development (not a
large lot map), the applicant'shall pay emission reduction fees to the satisfaction of the
Butte County Air Quality Management District.
Plan Requirements: BCAQMD District staff will collect applicable fees
Timing: Prior to approval of the first Final Map for development (not a large lot map)
Monitoring: Department of Development Services staff will monitor compliance with this
measure.
3 Mitigation Measure #3 (Butte County calycadenia)
California Department of Fish and Game(CDFG) will be given advance notice of impacts to
Butte County calycadenia on the Property, and will be granted access to the site for plant
removal or seed collection.
Plan Requirements: Arrange opportunity for CDFG to collect plants and seeds.
Timing: Prior to commencement of construction'or soil disturbince in the vicinity of proposed
lot 249.
Monitoring: Butte County Development Services Department
4. Mitigation Measure #4 (Red Bluff dwarf rush)
Areas known to support Red Bluff dwarf rush a CNPS list IB plant, will be avoided with a
3
minimum 100 -foot set -back. During construction, environmentally sensitive area (ESA) fencing
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0
will be placed around avoidance areas including wetlands and known CNPS listed plant
populations.
Plan Requirements: Preserve in-situ with map notes for pre -construction precautions
Timing: Prior to the first Final Map
Monitoring: Butte County Development Services Department
5. ' Mitigation Measure #5 (Pre, Construction Raptor Surveys)
Place a note on a separate document which is to be recorded concurrently with the final map or
on an additional map sheet and on, all building and site Aevelopment plans that states "If
construction occurs between I March and 15 September, the developer will engage the services
of a qualified biologist to survey the project site and area within 250 feet of the site for nesting
birds of prey and migratory birds, including Loggerhead Shrike and Yellow'Warbler , , ' no more
than thirty days prior to the initiation of construction. Results of the preconstruction survey shall
be submitted,to the Butte County Development Services Department."
a. "If an active nest is located within 250.ft,. of the project study area, a qualified
biologist will monitor the nest weekly during construction to evaluate potential
nesting disturbance caused by construction activities. The biologist monitoring the
site will immediately notify the Department of Development Services of any potential
nesting disturbance caused by construction activities. The Department of
Development Services will have the authority to stop construction if construction
appears to be resulting in nest abandonment or forced fledging."
b. "If an active nest occurs in a tree scheduled for removal, the species of bird using the
nest will be determined by the qualified biologist. The biologist making the
determination will immediately notify the Department of Development Services of
any active nest in a tree scheduled for removal. The nest tree will be preserved until it
is outside of the breeding season for that species or until the young have fledged. If
construction cannot be delayed until the end of the breeding season, guidance from
DFG shall be requested."
Timing: Prior to commencement of construction for each phase
Monitoring: Land Development Division of Public Works will verify that this note appears on
all improvement plans prior to recordation of the final map. . The Development Services
Department will monitor implementation of this mitigation measure.
6. Mith!ation Measure 6 (Oak Woodlands):
Prior to final map recordation for individual development phases, an Oak Tree Mitigation Plan
prepared by a certified arborist, registered professional forester, botanist or landscape architect
shall be submitted for review and approval by the Director of Development Services or his/her
designee, and shall be prepared in accordance with the following:
1) The Oak Tree Mitigation Plan shall show the location of all oak trees deemed
suitable for retention, and all oak trees to be removed, in those areas proposed for
development, using the factors set out below;
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2) Factors used to assess suitability of existing oak trees shall include health,.
location (in relation to proposed improvements and adjacent residences), and size
of the tree. Trees deemed to be unsafe or unhealthy shall be removed;
3) The applicant shall minimize the removal of oak trees deemed suitable for
retention;
4) A minimum of 3 native oak trees of 5 gallons or larger size shall be planted for
each like species of oak tree removed that - is greater than or equal to 5 inches
diameter at breast height (DBH). The trees shall be planted in areas deemed as
Oak Tree Mitigation Areas within an approved Integrated Open Space
Management Plan and monitored consistent with PRC 21083.4
5) Each oak tree preserved within development areas 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;
6) 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;
Plan Requirements: No vegetation removal, grading, road construction, or other earthwork
shall be permitted until the Oak Tree Mitigation Plan is submitted and approved.
Timing: The Oak Tree Mitigation Plan shall be submitted 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.
Monitoring: The Butte County Department of Development Services and Department of Public
Works 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. 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 an Oak Tree Mitigation Plan
has been submitted to and approved by the Director of Development Services or his/her
designee. Butte County building inspectors shall ensure compliance on-site.
7. Mitigation Measure #7 (Wetland Permits)
Prior to recordation of the first Final Map, the applicant shall submit written verification that any
necessary permits, or waiver of permits, have been secured from the US Army Cops of
Engineers (USACOE), and the Central Valley Regional Water Quality Control Board (RWOCB)
for compliance with §404 and �401 of the Clean Water Act, and that any necessa!y 1601 permits
or waiver of permits have been obtained from California Department of Fish and Game.
Plan Requirements: Fulfill regulatory requirements of USACOE, RWOCB and CDFG.
Timing: Prior to any development activity
Monitoring: The Butte County Department of Development Services and Department of Public
Works shall ensure written verification is received prior to recordation of the first final map.
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0 8. Mitigation Measure #8 (Integrated Open Space, Management Plan)
An Integrated Open Space Management Plan (IOSMP) will be prepared by the applicant for
review and approval prior to the issuance of the First Final Map. The IOSMP shall be reviewed
and approved by CalFire, CDFG, and Butte County Departments of Environmental Health and
Development Services. The plan shal,l specify appropriate oversight entities and roles of each
entity/agency. It shall contain the following components: ,
A. Public Access and Recreation Plan.
• Open Space areas will be identified as allowing or disallowing public access and
• dogs (on or off leash)
• Maintenance funding source
• Interpretive Signage
B. Wildlife Corridor Plan, to the satisfaction ofCalifornia Department of FA and
Game(CDFG) as specified by the November 10, 2009 letter from CDFG, including but
not limited to:
• Fencink Diagramfor the managed deer corridor
• Lighting Plan
• Planting, Landscaped Buffer and Firebreak Plan
• Manzanita Reduction
Star -thistle Eradication
Allowed Maintenance Activities for Wastewater Facilities to the satisfaction of CDFG
and DEHS
C. Fuel Modification Plan
• Species chosen for removal should be based on factors including but not limited to I
flamm" ability, biomass, and dead chaparral to be removed, as/if determined by CalFire
• Manzanita Reduction and Star -thistle eradication, per Wildlife Corridor Plan.
• Species selected for inclusion/retention based on
10 foot diameter spacing between selected individuals, pruned by landscape specialist.
Living oak trees over,5 " i ' n diameter at breast height shall be retained or in . itigated
pursuant to applicable regulations.
• Erosion Control program, including groundcover/ground stability especially for steep
slopes on eastern edge of project
• Any fuel modification within deer corridor shall require CDFG approval,
unless required in an emergency
D. Oak Woodland Mitigation Plan
• Areas to be utilized for oa ' k woodland mitigation shall be identified in the IOSMP
• Monitoring shall be consistent with the Public Resources Code section 21083.4,,in that
the applicant will plant an appropriate number of trees(21083.4(b)(2)(A) and
"monitoring shall be consistent with the proposed open space maintenance and
monitoring provisions" described in "Mitigation Measure #8, Items C and E.
E. Open Space Maintenance and Monitoring Provisions
a.. The applicant shall plant, install or otherwise implement the appropriate phase of
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open space improvements, consistent with the approved IOSMP.
b. The survival goal for plantings is 65%. Annual monitoring would occur for five years
to ensure a 65% survival rate. During annual monitoring, if the survival rate drops below
65% then additional planting would occur to meet the 65% survival rate goal.
c. The applicant shall submit a monitoring report to CDFG and Butte County Department of
Development Services annually for all phases that
have not met monitoring objectives.
The monitoring report shall evaluate/verify that the intended goals, including
plant survival goals and reduction of Manzanita and yellow Starthistle eradication
objectives have been met.
- The Monitoring program would provide reporting for a five year time period
beginning one year following final inspection of wildlife corridor, buffer zone
plantings and/or Manzanita reduction and yellow starthistle eradication activities.
- Monitoring will continue until success criteria are met.
Plan Requirements: The IOSMP will provide a basis for the long-term management of open
space consistent with CDFG letter dated November 10, 2009, the adepted standards of regulatory
agencies including CDFG, CalFire, and RWQCB and Butte County, and the actions identified by
this mitigation measure.
Timing: An applicant -prepared draft of the IOSMP will be submitted in conjunction with the
application for the first final map. The IOSMP shall be reviewed and approved by CalFire,
CDFG, and the Butte County Departments of Environmental Health and Development Services
prior to recordation of the first final map. 0
Monitoring: The Butte County Department of Development Services and Department of Public
Works shall ensure that the IOSMP is prepared and approved prior to recordation of the first
final map.
9. Miti2ation Measure #9 (Notification)
Place a note on a separate document which is to be recorded concurrently with the map or on an
additional map sheet that states: "Potential buyers and subsequent future buyers should be aware
that:
a. Homes are located where there will be potentially dangerous wildlife and human
interaction,( Le, mountain lions, bears and coyotes, etc.) and that the homeowner(s)
assume all risk.
b. Wildlife depredation permits will not be issued for property damage due to wildlife. If
CDFG determines there is a public safety threat, then CDFG will take appropriate
action."
Plan Requirements: Final wording of the notice will be provided to CDFG prior to selling any
lots or homes; the HOA will distribute Homeowner educational materials.
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Timing: Noteshall be placed on every Final Map.
Monitoring: The Butte County Department of Development Services and Department of Public
Works shall ensure that th - e note is'placed on a separate document which is to.be recorded
concurrently with the map or.on an -additional map sheet.
10. Mitipation Measure #10 (New Homeowner Educational Materials Dispersed by
HOA)
The Homeowners Association will provide Educational Materials to new home,owners, to
include:
• Do'not dump lawn clippings orany waste in open space areas. A 354bot firebreak"'
setback must be maintained between the rear fence line and buffer plantings.
• Recommended plantings list for native trees and shrubs should include but are not
limited to: Black oak, Bay laurel, Coffeeberry
The use of invasive plant species should be avoided.
The project is located in proximij�fo kuenkle reservoir, a public water supply.
Homeowner/resident education materials or interpretive sign that inform residents about
wildlife and the importance of maintaining ecological connectivity
Homeowner/resident education encouraging residents to stay on designated trails, keep
dogs on leashes, and discourage the harassment of wildlife.
Fencing requirements and/or restrictions. If property damage occurs, residents will be
encouraged to use wild I ife-proof. fencing,around gardens and other potential wildlife
Attractants
9 Homes are located where there will be i)otentiallv danizerous wildlife and human
interaction, (Le -mountain lions, bears and coyotes, etc.) and the homeowner(s) assume
all risk.
-Wildlife depredation petmitg will not be'issued for propefty damage due to wildlife. If
CDFG determines there is a public safe1y threat, then CDFG will take al2propriate
action."
Plan Requirements: New Homeowner Educational Materials meeting the above criteria will be
developed during, and coordinate with, the Codes, Covenants and Restrictions for the HOA
Timing: Education materials will be distributed by the HOA to new homeowners within
approximately 90 days of occupancy
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Monitoring: Home Owners Association will distribute and enforce these provisions.
Development Services will verify that educational materials have been developed.
11. Mitigation Measure #11 (Record Note on Final Map re Site #1507))
Place a note on a separate document which is to be recorded concurrently with any future map or
on an additional map sheet and all building and site development plans that states: "Disturbance
of the easement on historic water feature (CA -BUT- I 507-H) is not permitted, except where separate
archeological survey is undertaken and recommended actions completed, to the satisfaction of the
Director of Development Services."
Plan Requirements: This note shall be placed on a separate document which is to be recorded
concurrently with the parcel map or on an additional map sheet and on all building and site
development plans.
Timing: This measure shall be implemented during site preparation and construction.
Monitoring: The Department of Development Services 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. The Department of Development Services shall ensure that the note is placed on all
building and site development plans. Should cultural resources be discovered, the
landowner/developer shall notify the Planning Division and a professional archaeologist. The
Planning Division shall coordinate with the landowner/developer and appropriate authorities to
avoid damage to cultural resources and determine appropriate action.
12. Mitigation Measure #12 (Record Note on Final Mat) re Site PS#I)
Place a note on a separate document which is to be recorded concurrently with any future. map or
on an additional map sheet and all building and site development plans that states: "Prior to any
development or site disturbing activities, the site boundary for PS #1 as identified in the
Archaeological Survey by Sean Jensen dated May, 2009 will be accurately located through on site
inspection, and designated as an impact avoidance zone on County development map, except where
separate archeological survey is undertaken and mitigation measures completed, to the satisfaction
of the Director of Development Services."
Plan Requirements: This note shall be placed on a separate document which is to be recorded
concurrently with the parcel map or on an additional map sheet and on all building and site
development plans.
Timing: This measure shall be implemented during site preparation and construction.
Monitoring: The Department of Development Services 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. The Department of Development Services shall ensure that the note is placed on all
building and site development plans. Should cultural resources be discovered, the
landowner/developer shall notify the Planning Division and a professional archaeologist. The
Planning Division shall coordinate with the landowner/developer and appropriate authorities to
avoid damage to cultural resources and determine appropriate action.
13. Mitigation Measure #13: (Standard for Cultural Finds)
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Place a note on a separate document which is to be recorded concurrently with any future map or
on an additional map sheet and all building and site development plans that states: "Should
grading activities reveal the presence of 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 150 feet of the find shall cease immediately until a qualified
professional archaeologist can be consulted to evaluate the resources and implement appropriate
mitigation procedures. Should human skeletal remains be encountered, State law requires
immediate notification of the Cou ' nty Coroner. Should the County Coroner determine that such
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."
Plan Requirements: This note shall be placed on a separate document which is to be recorded
concurrently with the parcel map or on an additional map sheet and on all building and site
development plans.
Timing: This measure shall be implemented during site preparation and construction.
Monitoring: The Department of Development Services 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. The Department of Development Services shall ensure that the note is placed on all
building and site development plans. Should cultural resources be discovered, the
landowner/developer shall notify the Planning Division and a professional archaeologist. The
Planning Division shall coordinate with the landowner/developer and appropriate authorities to
avoid damage to cultural resources and determine appropriate action.
14. Mitigation Measure #14 Prior to any grading on the site, a Construction Storm Water
Permitwill 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 Final 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)."
Plan Requirements: A copy of the approved Storm Water Pollution Prevention Plan (SWPPP)
shall be attached to all building and site development plans.
Timing: The requirements of the approved Storm Water Pollution Prevention Plan shall be
adhered to at all times.
Monitoring: The applicant or his/her successors, heirs, assigns are responsible for ensuring
compliance with the Storm Water Pollution Prevention Plan. The California Regional Water
Quality Control Board and the Butte County Public Works Department will respond to any storm
water runoff problems.
15. Mitigation Measure # 15 (Anti -degradation)
Prior to recordation of the final map, all necessary permits from the RWQCB, including waste
discharge requirements, shall be secured. This process shall identify beneficial uses and water
40
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quality objectives of all the surface water bodies and underlying groundwater at the site, and 0
ensure that water quality will fully maintain and protect beneficial uses and not cause exceedance
of water quality objectives, or other criteria determined acceptable to RWQCB.
Plan Requirements: Submit antidegradation analysis to the satisfaction of RWQCB and meet
all waste discharge requirements.
Timing: Prior to approval of the improvement plans or recordation of the First Final Map.
Monitoring: The Department of Environmental Health shall ensure that the required pert -nits from
RWQCB are secured prior to recordation of the First Final Map.
16. Mitigation Measure #16 (Permanent Solution to Drainage)
Prior to recordation of the final map, a plan for a permanent solution for drainage shall be
submitted to and approved by the Department of Public Works. The'drainage plans shall detail
existing drainage conditions and shall specify how drainage waters shall be detained or retained
onsite and/ or conveyed to the nearest natural or publicly maintained drainage channel or facility
and shall provide that there shall be no increase in the peak flow runoff to said channel or
facility. If storm drainage facilities serve new public roads, 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 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 agree to an annual maximum
service charge to ensure continued operation of the facilities.
Plan Requirements: Submit drainage plans and calculations to the Department of Public Works
for review and approval.
Timing: The drainage plan shall be submitted and approved prior to approval of the improvement
plans, and the required drainage improvements constructed or bonded for construction prior to
recordation of the Final Map.
Monitoring: The Department of Public Works shall ensure that the required plan is submitted and
ensure that the drainage improvements are constructed or bonded for construction prior to
recordation of the Final Map.
17. Mitigation Measure #17:
Place a note on a separate document which is to be recorded concurrently with the final map or
on an additional map sheet that states: "To reduce construction -generated noise the developer
shall implement the following measures to mitigate construction noise throughout all
construction periods:
1. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no construction
activity on Sundays or holidays;
2. Use best available noise suppression devices and properly maintain and muffle diesel
engine -driven construction equipment;
3. Construction equipment shall not be idled for long periods of time;
4. Locate stationary equipment as far as possible from sensitive receptors;.
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5. Designate a Disturbance Coordinator and post the name and phone number of this person
conspicuously at the entrance(s) to the project site so it is clearly visible to nearby
residents most likely to be affected by construction noise. This person would manage
complaints resulting from construction noise. The Disturbance Coordinator shall contact
noise sensitive receptors and advise them of the schedule of construction."
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: The mitigation shall be applicable during all construction activities.
Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring
compliance with this mitigation and shall respond' to all complaints of noise. Department of
Development Services shall investigate all complaints of excess construction -related noise.
18. Mitigation Measure #18 (Fire Services Funding)
Prior to recordatio ' n of the First Final Map, a fire services funding plan shall be submitted to and
approved by Butte County Fire Department/CalFIRE. The fire, services funding plan shall
specify how adequate fire services, meeting response times specified in the Standards of
Response Cover Study for the Butte County Fire Department dated Novemb I er 30, 2007, will be
achieved. The developer must participate with/in a Benefit Assessment district (BAD) a County
Service Area (CSA),Community Facilities District (CFD) or other Department of Public Works
is approved entity with terms and conditions acceptable to the Director of Public Works prior to
recordation of the Final Map. The CSA formation process will require the Developer to fund a
proportionate share of service until the beginning of the first fiscal year in which service charges
can be collected for the CSA, and agree to an annual maximum service charge to ensure
continued funding for fire services.
is
Plan Requirements: Submit fire services funding plan to Butte County Fire Department/Cal
FIRE for review and approval. Developer will complete formation of funding mechanism(s).
Timing: The fire services funding plan and the required funding mechanism(s) shall be
implemented prior to recordation of the First Final Map.
Monitoring: Butte County Fire Department/CalFIRE shall review the required plan and the
Department of Public Works shall ensure that a mechanism is in place prior to recordation of the
First Final Map.
19. Mitigation Measure #19_ (Wildfire Disclosure)
Prior to the recordation of the final map, Covenants, Conditions and Restrictions (CC&Rs) of the
project shall be prepared to disclose to future homeowners that their homes are located within a
Very High Fire Hazard Severity Zone. The Home Owners Association (HOA) with provide
educational materials to all new homeowners describing how to reduce wildfire risks and what
actions to take should a wildfire occur in the vicinity.
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Plan Requirements: The CC&Rs, managed by the HOA, shall include disclosure of the Very 40
High Fire Hazard Severity Zone. Draft CC&R's shall be developed for review and approval by
Butte County Fire Department/CalFIRE.
Timing: Disclosure in the CC&Rs and the preparation of educational materials shall occur prior
to, or in conjunction with, recordation of the first Final Map.
Monitoring: The Butte County Department of Development Services shall. ensure that the
CC&Rs meet this requirement. The HOA shall ensure educational materials are provided to all
homeowners'.
20. Mitigation Measure #20 (Lago Vista sight distance):
The project will build improvements to the east side of Pentz Road; north and south of Lago
Vista Way, to increase sight distance for traffic on the Lago Vista approach to 600' to the north
and 550' to the south. These improvements will consist of trimming and/or removal of existing
vegetation within the public right-of-way and/or grading along Pentz Road in the public right -or -
way, as necessary to achieve adequate sight distance.
Plan Requirements: trimming and/or removal of existing vegetation within the public right-of-
way and/or irading along Pentz Road in the public right -or -way, as necessary to achieve
adequate sight distance
Timing: Prior to, or in 'Conjunction with, recordation of the first Final Map.
Monitoring: The Butte County Departments of Public Works and Development Services shall
ensure that this requirement is implemented prior to recordation of the first final map.
11. Prior to recordation of the First Final Map, Del Oro Use Permit UP05-18 will be
modified to allow an additional 312 service connections to Del Oro Water Company's
Lime Saddle District.
Public Works
22. Construction equipment shall use Lindenbaum Lane for staging, ingress -and egress, to the
extent practical.
23. All access rights shall be reserved by deed per county ordinance, offered for dedication,
and depicted on the final map. Place the following note on the final map: "gpprove
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.
24. Prior to the recordation of the final map, provide approved access conforming to county
code to each parcel from a publicly maintained road.
25. Prior to recordation of the final 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
m Butte County Department of Development Services wMay 27, 20 10 m
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Supervisors for approval prior to recordation of the final map. A minimum of five
alternate names for each new street shall be submitted.
26. Prior to final road inspection, install all necessary traffic safety signs including stop signs.
27. Prior to the recordation of Phase I of the final map, obtain an encroachment permit and
construct a standard S -18A road approach in accordance with county improvement
standards. . Adequate sight distance at the intersection of Lindenbaum Lane and Pentz
Road shall be provided. Right-of-way required for construction of road approach and
roadside.drainage shallbe provided.
28. Prior to the recordation of Phase I of the final map, obtain an encroachment permit and
improve sight distance at the intersection of Lago Vista Way and Pentz Road to provide a
minimum of 550 feet of stopping sight distance in each direction.
29. Prior to the ' recordation of Phase I of the final map, construct or provide a performance
bond and labor and material bond for the construction of a left turn pocket on Pentz Road
at the intersection of Lindenbaum Lane. Submit design to the Land Development
Division for approval prior to construction.
30. Provide cul-de-sacs designed and constructed as specified in the county improvement
standards. The final map shall show the cul-de-sacs.
31. Prior to the recordation of Phase I of the final map, construct or provide a performance
bond and labor and material bond for the construction of a full street section on
Lindenbaum Lane to a PS -6 Paradise urban standardwith curb, gutter, no sidewalk, 3"
AC, 12" AB, prime coat, fog seal and 95% relative compaction. Construct a full street
section on Street "A" within the Phase I boundary to a PS -5 Paradise urban standard with
c urb, gutter, 'Sidewalk, 3" AC, 12" AB, -prime coat, fog seal and 95 % relative
compaction. Construct a full street section on all other interior roads within the Phase I
boundary to a PS -4 Paradise urban standard with curb, gutter, sidewalk, 3" AC, 12" 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 Lindenbaum Lane and interior streets and storm drain facilities for
the entire project, phases I through 7.
32. Prior to the recordation of Phase I of the final map, construct or provide a performance
bond and labor and material bond for the construction of a full street section on Street
"D" from the intersection of Street "C" to the property boundary of Lago Vista Way to a
PS -4 Paradise urban standard with curb, gutter, sidewalk, 3" AC, 12" AB, prime coat, fog
seal and 95 % relative compaction. Install a gate approved by Cal Fire and the Public
Works Department west of the intersection of Street "C" and east of the property
boundary of Lago Vista Way. Install a cul-de-sac designed and constructed as specified
in the county improvement standards prior to and east of the gate. The road right-of-way
up to the en ' d of cul-de-sac is to be county maintained. The road right-of-way west of the
cul-de-sac and east of the property boundary of Lago Vista Way, including the gate, is to
be privately maintained and offered for dedication to the county. Submit design to the
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Land Development Division for approval prior to construction. "It" value determination
and other data may be required to support the section design.
33. Prior to the recordation of phases 2, 3 and 4 of the final map, construct or provide a
performance bond and labor and material bond for the con sitruction of a full street section
on Street "A" within the respective phased boundary to a PS -5 Paradise urban standard
with curb, gutter, sidewalk, 3" AC, 12" AB, prime coat, fog seal and 95 % relative
compaction. Construct a full street section, on all other interior roads within the
respective phased boundary to a PS -4 Paradise urban standard with curb, gutter,
sidewalk, 3" AC, 12" AB, prime coat, fog seal and 95 % relative compaction. Submit
design to the Land Development Division for approval prior to construction. "It" value
determination and other data may be required to support the section design.
34. Prior to the recordation of phases 5, 6 and 7 of the final map, construct or provide a
performance bond and labor and material bond for the construction of a full street section
on interior roads within the respective phased boundary to a PS -4 Paradise urban standard
with curb, gutter, sidewalk, 3" AC, 12" AB, prime coat, fog seal and 95 % relative
compaction. Submit design to the Land Development Division for approval prior to
construction. "W' value determination and other data may be required to support the
section design.
35. 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 for the entire project, phases I through 7. The developer must complete
the formation of the CSA, zone of benefit within a PRD, or other approved entity prior to
recordation of the first 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.
36. Prior to recordation of the final map, provide circulation in conformance with County
Code Section 20-133.
Drainage
37. Prior to recordation of the final map, a plan for a permanent solution for drainage shall be
submitted to and approved by the Department'of Public Works. The drainage plans shall
detail existing drainage conditions and shall specify how drainage waters shall be
detained or retained onsite and/ or conveyed to the nearest natural or publicly maintained
drainage channel or facility and shall provide' that there shall be no increase in the peak
flow runoff to said channel or facility. If stonn drainage facilities serve new public
roads, 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 entity for the entire project, phases I through 7, prior to recordation of the first
final map. The formation process will require the developer to fund the service until the
0
a Butte County Department of Development Services sMay 27, 20 10 a
Agenda Report —Wyckoff s Paradise Summit TSM08-0006 PUD08-000 I w Page 35 of 45 35
0
beginning.of the first fiscal year in which service charges can be co'llected and agree to an
annual maximum service charge to ensure continued operation of the facilities.
38.'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.
39. 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 final map required a construction storm water pennit. Construction
activities that result in a land disturbance of less than one acre, but which ire part of a
larger common plan of development, also require a permit. Development of individual
lots may require an'additional permit(s)."
40. Show al I easements of record on the. final map.
41. Prior to or concurrently with the recordation of the final map, pay in Ul 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 GoverrimentCode, commencing with
Section 66492.
42. Pay the recording fees 'in effect at -the time the firal map and related documents are
recorded.
43. Prior to or concurrently with the recordation of the final map'. annex subdivision to
countywide community facilities district or equivalent.
44. Prior to recordation of the'first final map, a soils report for the entire project, phases I
through 7, prepared by a registered design professional and based upon adequate testing
shall be submitted to the Department of Public Works Land Development Division and
Department of Development, Services Building Division for review and approval.
Caffirefflutte County (9/3/2008 coa)
45. Construction, installation or development of buildings and/or roads, driveways, gates and
bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—
Public Resources Code 4290, 4291 and current Butte County Improvement Standards,
whichever is stricter."
46. Prior to construction, a pressurized community water system for fire protection is
required. Bonding may be allowed with the approval of the County Fire Chief. Average
required hydrant spacing is 5.00 feet, hydrant size 6 inches, and residual, fire flow of 1,000
gpm (gallons per minute). Fire hydrant identification, road reflectors or post reflectors
acceptable to the County. Fire Chief shall be installed or bonded, prior to final map
recordation. Submit pans to the Fire Department for review and approval prior to
construction.
m Butte County Department of Development Services mMay 27, 2010 n
Agenda Report — Wyckoff's Paradise Summit TSMOS-0006 PUD08-000 I m Page 36 of 45
36
47. Place a note on a separate document,. which is to be recorded concurrently with the final is
map, or on an additional map sheet stating, "Building identification and/or addresses shall
be installed in conformance with Public Resources Code 4290 and shall be posted at the
time of permit issuance and maintained continuously thereafter.
Environmental Health Division
48. Prior to recordation of each Final Map, provide community wastewater collection,
treatment and dispersal facilities in compliance with California State Regional Water
Quality Control Board, the Butte County Code, California Health and Safety Code,
federal law, and other applicable codes and regulations governing the - design,
construction and operation of the facilities.
49. Prior to recordation of each Final Map, either annex into an existing or establish a
sanitation district or other legal wastewater management oversight entity acceptable to
the Butte County Depariments of Public Health and Public Works adequate to ensure the
operation, maintenance and repair and replacement of the sewage collectibn, treatment,
and disposal facilities. At a minimum, the oversight entity shall:
a. Ensure financing of operation, repair and maintenance A
b. Provide qualified individuals and operational procedures for facility operation, repair
and maintenance
c. Provide adequate resources to comply with all monitoring and other Regional Water
Quality Control Board Waste Discharge Requirements. 0
d. Provide adequate resources for facility inspection and reports.
e. Provide adequate resources and/or mechanism to ensure adequate funding of a major
sewage treatment and disposal facility replacement or reconstruction if necessary.
f. Provide a liability risk assessment for review by the County of Butte.
g. Indemnii�y the County of Butte and 6ommunity services district or other government
entity for all claims and liability that may occur' relative to the wastewater treatment
and dispersal facilities.
50. Place a note on the final map or on an additional map sheet that states, "Development of
Lots I though 312 will require connection to the community sewer system."
51. Place a note on the final map or on An additional map sheet that states, "Development of
lots I though 312 will require connection to a public water supply."
52. Prior to any Final Map Approval, provide a willing and able to serve letter from the water
provider that assures minimally the following:
a. evidence that the proposed water provider has secured an adequate 20 -year supply of
water for the development;
b. that the size and capacity of the intact pump's in Lake Oroville are sufficient to pump
the supply needed by the development in addition to the wat er system's present
requirements;
is
a Butte County Department of Development Services mMay 27, 2010 n
Agenda Report — Wyckoff s Paradise Summit TSM08-0006 PUD08-0001 m Page 37 of 45
37
C. that the capacity of the water treatment plant is adequate to
properly treat the water needed to supply the development in
addition 'to the water provider's existing water demand
requirements; and
d. that additional booster pumps are provided in the water provider
to lift the required minimum water supply to the development.
53. Prior to each Final Map Approval, obtain complete plans approval and all necessary
permits for all the I internal water conveyance infrastructure improvements in the
development.
Processing Fees
54. Prior to recordation of the Final Map, pay any outstanding proj'ect-related processing
fees, and/or Department of Fish, and Game fees.
County Counsel
If this entire matter or any finding, action or condition of this matter is appealed to the Board of
Supervisors, the applicant or any 'other developer/operator other than the applicant agrees to
indemnify the, County of Butte from liability or loss related to the approval of,this project and
agrees to sign an indemnification agreement in a form approved by County Counsel before the
Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied.
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.
m Butte County Department of Development Services mMay 27, 2010 m ,
Agenda Report'— Wyckoff s Paradise Summit TSM08-0006 PUD08-0001 Page 38 of 45
38
.'ATTACHMENT,B,
ORDINANCE NO
.'AN ORDINANCEzbNING
A: PORTION OF -THE COUNTY OF BUTTE, STATE.OF CALIFORNIA,
PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, PURSUANT TO'BUTTE� COUNTY
CODE.SECTION 24-25.40.
Jhe Bo,ard of Supervisors,of the County of,136tte, State of California, under
and pursuant to -Section 24-25.40 of the Butt6 County Co;e','. bl�'DAINS', as'6116%hs:
SECTION. 1. The hbreiriafter described area, situated" in!'the County of
Butte, State -6f. 6alif6rnla,' sihall'be','a�'ndlt is'h'ere on6d as" a�PUD (PLANNED UNIT
by'i
DEVEL , OPMENT) District,'afid s r'eajl shall be su,ject to the restric
66h a b tidns- a n*d
restricted uses and regulatioris pursuant to'§A6, County Code Section 24-21 d
Said; area be zoned. PUDr is comprised of eight (8) pd'rcels' comprised.'of
uassessor's parcel -numbers *0�5-`300-013,038,09§, 101, 1021-103,109 and 055-31 0-�
023,025; and containing ±333 acres,.m6r'e particularly'described,in,Exhibit A..
;lSuch area shall Pe subj&trjo" the restrictions. and restricted, uses -and
regulations pursuant to Butte County Code Section 24�210 and thia'Paradise Summit
PlannEid'Unit Development Reg u lations,'attached as Exhibit 131,
In compliance with Butte County Code Section 24-210, the area. of *this
PUD zon6 shall include approximately 195 acres of ,open' space to help.protebt existing
wildlife habitat, other resources and amehities for homeowners'within the zoning district as
described in Exhibit,C. An Integrated Open Space Management Olan' will be,developed to
.coordinate ongoing management and use of the open space.
Butte County Department of,Dpvelopment Services mMay 27, 20 10 m
Agenda Report —Wyckoff s Paradise. Summit TSM08-0006 PUD08-0001m Page 39 of 45 m
39
SECTION 3. This Ordinance shall be and it,is hereby d eclared to be in full
force and effect from and after thirty (30.) days after the date of its passage, and before
the expiration of fifteen (15) days after its passage, this Ordinance shall be published
once with the names of the members of the Board of Supervisors voting for and against
it in the Oroville Mercury Register, a newspaper published in the County of Butte, State
of California.
PASSED AND ADOPTED by the Board of Supervisors of the County,of
Butte, State of California, on the day of July, 2010, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
BILL CONNELLY, CHAIR
Butte County Board of Supervisors
ATTEST: Scott Tandy, Interim Chief Administrative
Officer and Clerk of the Board
By
Butte County Department of Development Services wMay-27, 201'0 n
Agenda Report— Wyckoff's Paradise Summit TSM08-0006 PUD08-000 I m Page 40 of 45,
40
. \1
ExhibitA.,
Legal Description to PUD
(To be Provided Subsequently)
I
11
a Butte County Department of Development Services sMay 27, 20 10
�genda.Report— Wyckoff s Paradise Summit TSM08-0006 PUD08-0001S Page 41 of 45
0
41 -
Exhibit B
Paradise Summit Planned Unit Develoomdrit'
De,Velopment Zone Regulations
A. GEN ERAL DESCRIPTION'OF USES WITHIN T HE ZONE.
Development within the zone commonly described as the Paradise'Suffimit Planned Unit
Development (PUD)_shall be in substantial conformance with approved. Tentative
Subdivision Map'08-0006 dated
1. Allow no more than 312 single-family residential parcels to be developed within an
. i
approximately 137 -acre area of the zone.
2. Provide approximately 195 acres of open space to help protect existing wildlife habitat,
other resources and amenities for homeowners within the zoning district. An
Integrated Open Space Management Plan will be developed,by agencies with jurto
coordinate ongoing management and use of the open space.
B. ALLOWED USES:
The following permitted -uses, uses requiring a use permit, and administrative -uses shall
apply within the Paradise Summit PUD.
(a) Permitted uses:
(1)
Orie (1) single-family dwelling per parcel.
(2)
The use of a single-family residence as a small family day care'hbme, licensed
family care home, foster home, or group home.for. mentally disordered or otherwise
handicapped persons or neglected children. Said homes shall serve eight (8)'or
fewer persons and shall be subjeqt to all applicable state regulations and
limitations. . I I I
(3)
6
Pedestrian and bicycle trials
(4)
Protection of land from fire, erosion', floods, slides, quakes, insects, diseases and
pollution, including arboretums and natural, experimental and study areas.
(5)
The erection, construction, alteration or maintenance of utilities for the said zone.
(6)
Pedestrian and non -motorized recreation and open space uses consistent with the
approved Integrated Open Space Management Plan.
(b) Accessory uses:
(1)
Those uses and structures. normally associated with a single-family residential use
which is in,conjunciion' with or incidental to the residential 6se, including but not
limited to a garage, workshop, shed, garden, private swimming pool, private tennis
court, gazebo, spa,,etc.
_42)
A guest house as defined by sbction 24-305.175 of the Butte County -Code. -
(c) Uses requiring us6 permits. The following uses are permitted subject'tb a use
permit:.
(1)
Public and quasi-oublic uses.
(2)
Nurseries and plant gardens
a Butte County Department of Development Services nMay, 27, 20 10 m
Agenda Report — Wyckoff s Paradise Summit TSM08-0006 PUD08-000 I m Page 42 of 45
42
(3) Wireless communications facilities -
(d) Uses requiring a minor use permit. The following uses may be permitted subject
to the requirements of section 24-41 of this chapter:
(1) Large family day care facilities s,ubject to the requirements of section 24-265 of this
chapter.
(2) Bed and breakfast home
(e) Uses requiring an administrative permit. The following uses may be permitted
subject to the requirements of section 24-40 of this chapter:
(1) Home 6ccupation ' s subject to the requirements of 'Section 24-i7O of this,chapter.
(2) Temporary uses as listed in section 24-300 of this chapter.
(3) Temporary sales tract office.
C. DEVELOPMENT REQUIREMENTS
(a) Site Requirements:
Areas and setbacks listed in the following table are minimum requirements unless
otherwise stated
Lot
Area
Lot
Width
Front Yard Structural
Setback
Side Yard
Setback
Rear Yard
Setback
20' for garages and accessory
structures
8,OdO +
65'"
15' for primary structures,
5'
15'
including covered porches
architecturally integrated with
I
the primary structure.
(b) Development Phasing Plan. The Paradise Summit PUD will �be developed in
phases, with infrastructure improvements and open space measures generally
phased proportionately with the residential development, in substantial
,,conformance with approved Tentative' Subdivision Map 08-0006 and complying all
requirements of Butte County Code, local, state and federal law.
Dedication of the open space consistent with -the Planned Un.it Development
exhibit and the phased tentative subdivision map as approved is required to be
completed in a sequence that is commensurate with the lots to be recorded and
the open space (consi�tent with 24-210(e)(2) related to the phase considered for
recordation. Alternative phasing approaches and sequences of recordation,
consistent with the subdivision map and, the intent of the Planned Unit.
0
40
40
m Butte County Department of Development Services mMay 27, 2010 m
Agenda Report — Wyckoff s Paradise Summit TSM08-0006 PUD08-0001 a Page 43 of 45
43
Development, may be considered as determined by and subject to approval by
the Public Works Director and the Development Services Director
(c) Integrated Open Space Management Plan. An Integrated Open Space
Management Plan (IOSMP) vyill be prepared by the applicant for review and
approval prior to the issuance of the First Final Map. Elements of the IOSMP will
include but are not limited to:
* Deer Migration Corridor and Wildlife Habitat
* Community Wastewater System
0 Passive Open Space
0 Pedestrian Trail System
* Fuel Modification for Fire Safety
* Preservation of Wetlands
* Oak Woodland Mitigation Area
0
Butte County Department of Development Services mMay 27, 2010 m
Agenda Report — Wyckoff's Paradise Summit TSM08-0006 PUD08-000 I m Page 44 of 45 44
w Butte County Department of Development Services MMay 27, 20 10
Agenda Report Wyckoffs Paradise Summit TSM08-0006 PUD08-0001m Page 45 of 45 m
45
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BUTTE COUNTY PLANNING CON/AlISSION N
4plicant: Wyckoff& Assoc. LLC File/Project:PUD08-OOOI&TSMOS-0006
W E
B
A
A
Owner: Eagle M e adows of P aradis e APN:055-300-013, 038, 099, 101, 103,103 & 109 and 055-310-023 & 025
Hearing Date: M ay 27, 20 10 Exisfin General PlanfZane: AR (Agricultual Rksidential)tLDR (Law Dersity Residential)_ S
Reque�t: Phas �d T entative Sub divis on M ap (TSBA) to divide +/-333 acre s into 312 sir4e-family re sidential p arc els
I Supervisorial
fro r 8,738 square feet (SF) to 32,099 SF, and various lettered lots for open space uses; Planned Unit Development -
District #4
(PUD) to allo'w for clustering of the 312 re sidenc e s within a +/- 137, acre are a, pre s erving +/- 195 acre s as op en sp ac e.
70
COUNTY OF, BUTTE
DEPARTMENT OF DEVELOPMENT SERVICES
Tentative Subdivision Map TSM08-0006
Planned Unit Development Rezone PUD08-0001
66P
aradise Summit")
1.0 PROJECT INFORMATION
A. Applicant: Wyckoff & Associates, LLC
Owner: Eagle Meadows of Paradise 32.0
Engineers: North -Star Engineering, Chico, CA.
B. Staff Contact: Stacey Jolliffe, Principal Planner, siolliffe@buttecouniy.n Phone: 530-
538-6573
C. Pro*ect- Name: "Paradise Summit" Tentative Subdivision Map and Planned Unit
Development
D. Pro*ect Location: The project site is located approximately 1/5 mile south of the Town.
of Paradise and is within the Paradise Sphere of Influence. The nearest cross streets are
Pentz Road at Lago Vista Way and Lindenbaum Lane.'The development portion of the
site is approximately 1/2 mile east of Pentz Road and to the west of the Canyon of the
West Branch of the Feather River as it enters/becomes Lake Oroville.
E. Type of Application: Tentative Subdivision Map, TSM08-0006 and Planned Unit
Development Rezone PUD08-0001
F. Assessor's Parcel Numbers: 055-300-013,038,099,101,102,103,109 and M-310-023
(Sec. 3 1, T22N, R04E, MDB&M).
G. Pro ect Site Size: +/-333 acres.
H. Current Zoning:
AR -I (Agricultural Residential I -acre minimum parcel size) for +/-152 acres
AR -2.5 (Agricultural 'Residential 2.5 -acre minimum parcel size) for +/- 181 acres
Applicant -Proposed Zoning: PUD Planned Unit Development
1. Current General Plan Designation:
LDR (Low Density Residential, (1 to 6 duper acre) for +/-152 acres
AR (Agricultural Residential, (I unit per acre) for +/- 181 acres
Draft General Plari 2030 Preferred Land Use Alternative (unadopted):
PUD Planned Unit Development with a maximum of 335 units
0 Butt6 County Department of Development Services, Planning Division E
m Initial Study for Paradise Summit PUD08-0001 & TSM08-01006 m Page 2 of 91 m
M
LAND USE
ACRES
(approximately)'
Residential
102 acres
Roads
35 acres
Passive Open
'67 acres
J.:'
Environmental Settling:'The site is currently undeveloped and is cha'racterized as valley
Wetland Reserve/Westem
foothill hardwood-conif�i habitat with a mixed chaparral understory,, and domi - nated by
Entrance
baks, gray pirie,,and dense shrub. A, large wet meadow'occurs in the western
Wastewater Disposal/Deer
-,:mixed
portion of property'and an intermittent stream flows north to south along the western
Corridor
�boundary of the S'ite.,-Within and adjacent tolthe wet meadows'are inclusions of fresh',
. .
Fuel Management Area/
emergent wetland; seasonal wetland, and riparia n habitats., The topography of the project
Eastern Slope/
area has gentle to moderate slopes (less than 20%) in the center of the site. Along the
TOTAL
- eastern portion of the site the slope becomes steepei and in some areas is greater than
130% (toward the West Forkof.the Feather. River/Lake Oroville).-Approximatelyr 6%, of
'the site has slopes in excess of 30%, bilt'this area lies outsi&�of the proposed, residential
lots t configuration. The, �levation'on-sitei ranges'fromil- 1300-1680'feet above sea level, -
with topography ranging from flat t6 mod erate slopes. Based on the available soils data,-
'
the�general soil type observed on the site with:varying thickne;s! is clayey silt on top of
decomposing volcanic debris in a cliyey'silt matrix. Gravel and cobble are present within
the soil with an unknown oc�urren�e. The Upper Miocene Canal ruris adjacent to the east
s s u
ide of the Iropert� and 'c'rosse' the,so' thiastern� portion. The site is located witfiin a
floodplain X pei map sheet 06007CO575C dated June 8,� 1998.
-rK
Prd*ect Dmrirition: This project requests , a - tentative subdivisio� 'map to divide +/-333
acres composed of eight - Assessors Parcel Numbers into'312'sinile-family 'residential
par�els vaiying in size -from -8,738 square' feet (SF) to 32,099,SF,'and v�rious lots for
,open space uses.. The tentative subdivision map is being processed concurrently with an
application for rezoni of the'site to Olanned,Unit'Development (PUh) to allow for e, I
-clustering of the 312 residences Within a +/-;137-acre area of the site, while'pr�serving +/-
195 acres as open space, to help proteict'gensitive resources and as an amenity to the
subilivision,' Appe'n& A to this report contains the Tentative Subdivision Map and.
Appendix B contain's an exhibit to accornjiany the Planned Unit Development. The 312
residentiM lots are proposed to have a *range of single-family homes,with a mix of single
-story and two story homes with attached 2-:3 car garages. Open space areas will contaift a
(wetland -reserve area," deer herd migration/m6vemen't corridor and wastewater disposal
-are . 'Publi�.a &-tIfe7_io_utCe_m (ap_p_ro_xiin_atdly,,67 acres)-in-d'al.
a - ccess t open -space slopeg
'�7 -- h app icant;-.howe%
em,
roedestriah-trailosyst is,cuffen y proposer&by'� 6, li �i, illowed 6p6V-,
acZWs will be subject to approval'6f an integrate&open space-management,pl_,zii�io w.
tdevel�p;�I`co'rsistent witV regul atory; iequirements, 6f resource; agefi6ies�- The pr9ji—ct
�.divelopment is pi d to 6 ccur in'seven ')-phases and Will 'inEhae�public roads and
storm drainage, Water from Del OroVater Company, a community wastewater system
managed by the'proposed Home Owners Association, and gas ana electric from PG&E.
Project phasing will be in approximately.. 40 to 60 -unit incremeits, concurrent with
'bompleti6n of iiiiprovements.
Land Use Summary able
LAND USE
ACRES
(approximately)'
Residential
102 acres
Roads
35 acres
Passive Open
'67 acres
Space/Southern Area
Wetland Reserve/Westem
48 acres
Entrance
Wastewater Disposal/Deer
41 acres
Corridor
Fuel Management Area/
39 acres
Eastern Slope/
TOTAL
333 acres
-IAN,
4
7J.
on n
m Butte County' Department of Developm6nt Services, Planning bivisi'
'm Initial Stiidy for Paradise'Sunlrnit PUD08-00011& TSM08-0006 m Page 3 of 91 m-
50
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