STANISLAUS COUNTY PLANNING COMMISSION STAFF REPORT

Transcription

1 STANISLAUS COUNTY PLANNING COMMISSION June 7, 2012 STAFF REPORT TENTATIVE PARCEL MAP APPLICATION NO BRAH/BASRAI REQUEST: TO CREATE TWO ACRE PARCELS FROM A ACRE PARCEL. APPLICATION INFORMATION Applicant/Owner: Rajinder Brah and Gary Basrai Agent: Dylan Wooten Schack & Company, Inc. Location: rtheast corner of Highway 33 and S. McCracken Road, in the Patterson area Section, Township, Range: Supervisorial District: Five (Supervisor DeMartini) Assessor=s Parcel: Referrals: See Exhibit F Environmental Review Referrals Area of Parcel(s): Parcels 1 and 2: acres Water Supply: Well Sewage Disposal: Septic System Existing Zoning: A-2-40 (General Agriculture) General Plan Designation: Agriculture Sphere of Influence: t Applicable Community Plan Designation: t Applicable Williamson Act Contract.: t Applicable Environmental Review: Negative Declaration Present Land Use: Alfalfa Surrounding Land Use: Agricultural uses, Hetch Hetchy Aqueduct, and Highway 33 RECOMMENDATION Staff recommends the Planning Commission approve this request based on the discussion below and on the whole of the record provided to us. If the Planning Commission decides to approve the project, Exhibit A provides an overview of all of the findings required for project approval which include parcel map findings. PROJECT DESCRIPTION This project is a request to create two (2) acre parcels from a acre. The tice of Public Hearing mailed to surrounding landowners and published in the Patterson Irrigator mistakenly identified the project site as being located in the A-2-10 (General Agriculture, 10 acre minimum) zoning district. The project site is actually located within the A-2-40 (General Agriculture, 40 acre minimum) zoning district. This error does not affect the project. 1

2 PM Staff Report June 7, 2012 Page 2 SITE DESCRIPTION The site is located at the northeast corner of Highway 33 and S. McCracken Road, in the Patterson area. The acre project site is flat and improved with alfalfa. There are no buildings on this site. One driveway and a 60 foot wide joint access easement are being proposed to serve both proposed parcels. Access to the site and proposed parcels is provided by McCracken Road. Surface irrigation water flows in an easterly direction and is provided to the site by the West Stanislaus Irrigation District. A 20 foot irrigation easement, to serve both proposed parcels, is being proposed along the centerline of the proposed 60 foot joint access easement. This easement will connect to a 20 foot irrigation easement, along the western property line of proposed Parcel 1, for the benefit of proposed Parcel 2. Once this irrigation pipeline is in place, the applicants are planning to install a sprinkler system and plant an orchard. The surrounding uses are orchards, scattered single-family dwellings, and General Wood Products (a pallet company) located south of the project site. Highway 33 and the California rthern Railroad Company run adjacent to the western property line. The Hetch Hetchy Aqueduct runs parallel to the northern property line. ISSUES issues have been identified as a part of this request. Standard conditions of approval, along with those discussed in the Environmental Review section of this report, have been added to the project. GENERAL PLAN CONSISTENCY The site is currently designated AAgriculture@ in the Stanislaus County General Plan and this designation is consistent with an A-2 (General Agriculture) zoning district. The Agricultural designation recognizes the value and importance of agriculture by acting to preclude incompatible urban development within agricultural areas and, as such, should generally be zoned with 40 to 160 acre minimum parcel sizes. The project site=s A-2-40 zoning requires a minimum parcel size of 40 acres for the creation of new parcels. ZONING & SUBDIVISION ORDINANCE CONSISTENCY Both of the proposed parcels meet the minimum parcel size requirement of the A-2-40 zoning district and will have legal and physical access to County-maintained McCracken Road. The current zoning will allow for up to two single-family dwelling units on each of the proposed parcels. The West Stanislaus Irrigation District (WSID) has responded to this with the following statement: The WSID would like to state that in our District it is the responsibility of the landowner to provide means of irrigation service to subdivided land. The landowners should protect themselves by ensuring that easements are in place for future facilities. The proposed map reflects 20 foot irrigation easements needed to ensure that both proposed parcels will be able to independently continue to flood irrigate. 2

3 PM Staff Report June 7, 2012 Page 3 ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA), the proposed project was circulated to all interested parties and responsible agencies for review and comment and no significant issues were raised. (See Exhibit F - Environmental Review Referrals.) A Negative Declaration has been prepared for approval prior to action on the map itself as the project will not have a significant effect on the environment. (See Exhibit E - Negative Declaration.) Conditions of approval reflecting referral responses have been placed on the project. (See Exhibit C - Conditions of Approval.) The Central California Information Center (CCIC) records search submitted with the project application indicated the presence of historic-era features associated with the Hetch Hetchy Aqueduct and San Joaquin Pipelines. 1 and 2 (which run adjacent and parallel to the northern boundary of the project site) and a Section of the Southern Pacific Railroad Line, West Side Branch. The study indicated no prehistoric, archaeological, or cultural resources have been formerly reported, but due to the proximity of the formerly flowing Hospital Creek, the project area has a slight sensitivity for remnants of prehistoric occupation sites and artifacts. (See Exhibit D Initial Study.) Furthermore, the Native American Heritage Commission conducted a NAHC Sacred Lands file search and determined that no Native American Cultural Resources were identified with the area of potential effect (APE). Consequently, conditions of approval, recommended by the CCIC, have been added to this project requiring a field survey by a qualified professional archaeologist and protection/avoidance of identified historical resources prior to development (construction of buildings) on the parcels. (See Exhibit C Conditions of Approval.) The Central Valley Regional Water Quality Control Board (RWQCB) submitted an informational letter stating that if the project were to grade more than one (1) acre, develop the site, or discharge into a waterbody, then the project would be subject to additional permits. This project, however, does not include a request to construct a structure on-site. Furthermore, the letter has been provided to the applicant and standardized conditions of approval requiring the applicant to contact the necessary responsible and trustee agencies have been added to the project. (See Exhibit C Conditions of Approval.) ****** te: Pursuant to California Fish and Game Code Section 711.4, all project applicants subject to the California Environmental Quality Act (CEQA) shall pay a filing fee for each project; therefore, the applicant will further be required to pay $2, for the Department of Fish and Game and the Clerk Recorder filing fees. The attached Conditions of Approval ensure that this will occur. Contact Person: Rachel Wyse, Assistant Planner, (209) Attachments: Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Findings and Actions Required for Project Approval Maps Conditions of Approval Initial Study Negative Declaration Environmental Review Referral I:Planning/Staff Report/PM/2011/PM Brah-Basari/staff report.brah.basari.doc 3

4 Exhibit A Findings and Actions Required for Project Approval 1. Adopt the Negative Declaration pursuant to CEQA Guidelines Section 15074(b), by finding that on the basis of the whole record, including the Initial Study and any comments received, there is no substantial evidence the project will have a significant effect on the environment and that the Negative Declaration reflects Stanislaus County=s independent judgment and analysis. 2. Order the filing of a tice of Determination with the Stanislaus County Clerk-Recorder pursuant to Public Resources Code Section and CEQA Guidelines Section Find that: (a) The proposed map is consistent with applicable general and community plans as specified in Section 65451; (b) The design or improvement of the proposed subdivision is consistent with applicable general and specific plans; (c) The site is physically suitable for the type of development; (d) The site is physically suitable for the proposed density of development; (e) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; (f) The design of the subdivision or type of improvements are not likely to cause serious public health problems; (g) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these will be substantially equivalent to ones previously acquired by the public; and (h) The project will increase activities in and around the project area, and increase demands for roads and services, thereby requiring dedication and improvements. 4. Approve Tentative Parcel Map Application Brah/Basrai, subject to the attached conditions of approval. 4

5 INTERSTATE PM BRAH-BASRAI AREA SITE MODESTO 5 PATTERSON

6 AG/P-D 263 PM BRAH-BASRAI ZONING & GENERAL PLAN AG/P-D 13 SITE 6 PD/P-D 215

7 PM BRAH-BASRAI AERIAL SITE 7 EHIBIT B-2

8 8 EHIBIT B-3 PM BRAH-BASRAI TENTATIVE PARCEL MAP

9 9 EHIBIT B-4 PM BRAH-BASRAI PLOT PLAN

10 SITE 10 EHIBIT B-5 PM BRAH-BASRAI LAND USE MAP

11 DRAFT CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP APPLICATION NO BRAH/BASRAI Department of Public Works / Caltrans 1. The recorded parcel map shall be prepared by a licensed land surveyor or a registered civil engineer licensed to practice land surveying. 2. All structures not shown on the tentative parcel map shall be removed prior to the parcel map being recorded. 3. All new parcels shall be surveyed and fully monumented prior to the recording of the parcel map. 4. McCracken Road is classified as a 60-foot Collector Road. An Irrevocable Offer of Dedication shall be made on McCracken Road frontage for 30 feet west of the centerline of the road. The Road Easement shall be submitted and recorded prior to the recording of the map or made on the recorded parcel map. 5. A Road Easement of 10 feet shall be made along the frontage of State Route 33. The Road Easement shall be submitted and recorded prior to the recording of the map or made on the recorded parcel map. 6. State Route (SR) 33 is classified as a Class C 100 foot (limited) 4-lane expressway in Stanislaus County s General Plan. Southern Pacific Railroad is located on the opposite side of the road from the subject parcels, making SR 33 a restricted right-of-way. The existing SR 33 right-of-way is 50 feet. In order to bring the right-of-way into compliance with County Standards, a 10 foot Road Easement along the parcel frontage on SR 33 shall be shown on the recorded parcel map. The additional 40 feet of right-of-way required for the 100 foot total dedication shall be dedicated to Stanislaus County Public Works with an Irrevocable Offer of Dedication. The 40 foot Irrevocable Offer of Dedication shall be submitted and recorded prior to recording the map or made on the recorded parcel map. Department of Planning and Community Development 7. Pursuant to Section of the California Fish and Game Code (effective January 1, 2012), the applicant is required to pay a Department of Fish and Game filing fee at the time of recording a tice of Determination. Within five (5) days of approval of this project by the Planning Commission or Board of Supervisors, the applicant shall submit to the Department of Planning and Community Development a check for $2,158.50, made payable to Stanislaus County, for the payment of Fish and Game and Clerk Recorder filing fees. Pursuant to Section (e)(3) of the California Fish and Game Code, no project shall be operative, vested, or final, nor shall local government permits for the project be valid, until the filing fees required pursuant to this section are paid. 11

12 PM Conditions of Approval June 7, 2012 Page 2 DRAFT 8. Developer shall pay all Public Facilities Fees and Fire Facilities Fees as adopted by Resolution of the Board of Supervisors. The fees shall be payable at the time of issuance of a building permit for any construction in the development project and shall be based on the rates in effect at the time of building permit issuance. 9. The applicant/owner is required to defend, indemnify, or hold harmless the County, its officers, and employees from any claim, action, or proceedings against the County to set aside the approval of the project which is brought within the applicable statute of limitations. The County shall promptly notify the applicant of any claim, action, or proceeding to set aside the approval and shall cooperate fully in the defense. 10. All exterior lighting shall be designed (aimed down and toward the site) to provide adequate illumination without a glare effect. This shall include, but not be limited to, the use of shielded light fixtures to prevent skyglow (light spilling into the night sky) and the installation of shielded fixtures to prevent light trespass (glare and spill light that shines onto neighboring properties). 11. Pursuant to Section 404 of the Clean Water Act, prior to construction, the developer shall be responsible for contacting the US Army Corps of Engineers to determine if any "wetlands," "waters of the United States," or other areas under the jurisdiction of the Corps of Engineers are present on the project site, and shall be responsible for obtaining all appropriate permits or authorizations from the Corps, including all necessary water quality certifications, if necessary. 12. Any construction resulting from this project shall comply with standardized dust controls adopted by the San Joaquin Valley Air Pollution Control District (SJVAPCD) and may be subject to additional regulations/permits, as determined by the SJVAPCD. 13. Pursuant to Sections 1600 and 1603 of the California Fish and Game Code, prior to construction, the developer shall be responsible for contacting the California Department of Fish and Game and shall be responsible for obtaining all appropriate stream-bed alteration agreements, permits, or authorizations, if necessary. 14. The Department of Planning and Community Development shall record a tice of Administrative Conditions and Restrictions with the County Recorder s Office within 30 days of project approval. The tice includes: Conditions of Approval/Development Standards and Schedule; any adopted Mitigation Measures; and a project area map. 15. Pursuant to the federal and state Endangered Species Acts, prior to construction, the developer shall be responsible for contacting the US Fish and Wildlife Service and California Department of Fish and Game to determine if any special status plant or animal species are present on the project site, and shall be responsible for obtaining all appropriate permits or authorizations from these agencies, if necessary. 16. Pursuant to State Water Resources Control Board Order DWQ and National Pollutant Discharge Elimination System (NPDES) General Permit. CAS000002, prior to construction, the developer shall be responsible for contacting the California Regional Water Quality Control Board to determine if a "tice of Intent" is necessary, and shall prepare all appropriate documentation, including a Storm Water Pollution Prevention Plan (SWPPP). 12

13 PM Conditions of Approval June 7, 2012 Page 3 DRAFT Once complete, and prior to construction, a copy of the SWPPP shall be submitted to the Stanislaus County Department of Public Works. 17. The recorded parcel map shall contain the following statement: AAll persons purchasing lots within the boundaries of this approved map should be prepared to accept the inconveniences associated with the agricultural operations, such as noise, odors, flies, dust, or fumes. Stanislaus County has determined that such inconveniences shall not be considered to be a nuisance if agricultural operations are consistent with accepted customs and standards.@ 18. Should any archeological or human remains be discovered during development, work shall be immediately halted within 150 feet of the find until it can be evaluated by a qualified archaeologist. If the find is determined to be historically or culturally significant, appropriate mitigation measures to protect and preserve the resource shall be formulated and implemented. The Central California Information Center shall be notified if the find is deemed historically or culturally significant. 19. Prior to any construction or earth moving/grading a field survey by a qualified professional archaeologist shall be conducted and submitted along with mitigation measures, if applicable, for review by Planning staff. Historic era markers/structures associated with the Hetch Hetchy Aqueduct or West Side Branch of the Railroad shall be protected/avoided prior to development of the property. Department of Environmental Resources 20. Each parcel shall have an approved independent water supply (if not provided public water service). Prior to the issuance of a building permit, each parcel shall have its own well. A drilling permit shall be obtained from the Department of Environmental Resources. (Stanislaus County Policy and State Model Well Standards Ordinance.) 21. Each parcel shall have a conventional septic system for on-site sewage disposal. ******** Please note: If Conditions of Approval/Development Standards are amended by the Planning Commission or Board of Supervisors, such amendments will be noted in the upper right-hand corner of the Conditions of Approval/Development Standards; new wording is in bold, and deleted wording will have a line through it. 13

14 Stanislaus County Planning and Community Development th Street, Suite 3400 Phone: (209) Modesto, California Fax: (209) CEQA INITIAL STUDY Adapted from CEQA Guidelines APPENDI G Environmental Checklist Form, Final Text, December 30, Project title: Tentative Parcel Map Application Brah/Basrai 2. Lead agency name and address: Stanislaus County th Street, Suite 3400 Modesto, CA Contact person and phone number: Rachel Wyse, Assistant Planner (209) Project location: At the intersection of Highway 33 and S. McCracken Road, in the Patterson area. APN: Project sponsor s name and address: Rajinder Brah and Gary Basrai 1012 Scorpion Place Fremont, CA General Plan designation: Agriculture 7. Zoning: A-2-40 (General Agriculture) 8. Description of project: Request to create two acre parcels from a acre parcel. 9. Surrounding land uses and setting: Agricultural uses, Highway Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): Department of Public Works Department of Environmental Resources CalTrans West Stanislaus Fire District West Stanislaus Irrigation District 14

15 Stanislaus County Initial Study Checklist Page 2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a Potentially as indicated by the checklist on the following pages. 9 Aesthetics 9 Agriculture & Forestry Resources 9 Air Quality 9 Biological Resources 9 Cultural Resources 9 Geology /Soils 9 Greenhouse Gas Emissions 9 Hazards & Hazardous Materials 9 Hydrology / Water Quality 9 Land Use / Planning 9 Mineral Resources 9 ise 9 Population / Housing 9 Public Services 9 Recreation 9 Transportation/Traffic 9 Utilities / Service Systems 9 Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: : I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 9 I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 9 I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 9 I find that the proposed project MAY have a potentially significant impact or potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 9 I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Rachel Wyse, Assistant Planner March 27, 2012 Prepared By Date 15

16 Stanislaus County Initial Study Checklist Page 3 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. Potentially is appropriate if there is substantial evidence that an effect may be significant. If there are one or more Potentially entries when the determination is made, an EIR is required. 4) Negative Declaration: Incorporated applies where the incorporation of mitigation measures has reduced an effect from Potentially to a. The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section VII, Earlier Analyses, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) s Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are Less than with Mitigation Measures Incorporated, describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significant criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significant. 16

17 Stanislaus County Initial Study Checklist Page 4 ISSUES I. AESTHETICS -- Would the project: Potentially a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Discussion: The site itself is not considered to be a scenic resource or a unique scenic vista. This project will not have the potential to degrade the visual character or quality of the site and its surrounding area or cause any new substantial light or glare. ne. References: Application information and the Stanislaus County General Plan and Support Documentation 1. II. AGRICULTURE AND FOREST RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Potentially a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? 17

18 Stanislaus County Initial Study Checklist Page 5 d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Discussion: This parcel is not currently enrolled in a Williamson Act Contract. According to the application, the project parcel is planted in orchard. The soil is designated as Prime Farmland by the California State Department of Conservation Farmland Mapping and Monitoring Program. The triangular shaped project site consists of 95% El Solyo silty clay, 0 to 2 percent slopes, Storie Index of 91, Grade 1. Along the northeastern portion of the property, approximately 2.5% of the site has soils classified as Capay clay, 0 to 2 percent slopes, Storie Index of 41, Grade 3. The southern corner of the site has Vernalis-Zacharias complex, 0 to 2 percent slopes, Storie Index of 93, Grade 1. All are prime soils when irrigated. Any use of the property must be compatible with the County s General Agriculture (A-2) zoning district which limits the property to agricultural uses and uses incidental and accessory to the on-site agricultural use of the property. This project will have no impact to forest land or timberland. ne. References: Stanislaus County General Plan and Support Documentation 1 ; Stanislaus County Agricultural Element 1 ; Stanislaus County Zoning Ordinance; Eastern Stanislaus Area Soil Survey (1957); and the California State Department of Conservation Farmland Mapping and Monitoring Program - Stanislaus County Farmland III. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Discussion: The project site is within the San Joaquin Valley Air Basin, which has been classified as "severe nonattainment" for ozone and respirable particulate matter (PM-10) as defined by the Federal Clean Air Act. The San Joaquin Valley Air Pollution Control District (SJVAPCD) has been established by the State in an effort to control and minimize air pollution. As such, the District maintains permit authority over stationary sources of pollutants. 18

19 Stanislaus County Initial Study Checklist Page 6 The primary source of air pollutants generated by this project would be classified as being generated from "mobile" sources. Mobile sources would generally include dust from roads, farming, and automobile exhausts. Mobile sources are generally regulated by the Air Resources Board of the California EPA which sets emissions for vehicles and acts on issues regarding cleaner burning fuels and alternative fuel technologies. As such, the District has addressed most criteria air pollutants through basin wide programs and policies to prevent cumulative deterioration of air quality within the Basin. An Early Consultation referral was sent to the district regarding this project but no response has been received to date. ne. References: San Joaquin Valley Air Pollution Control District - Regulation VIII Fugitive Dust/PM-10 Synopsis and the Stanislaus County General Plan and Support Documentation 1. IV. BIOLOGICAL RESOURCES -- Would the project: Potentially a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion: The project site is planted in orchard. The California Natural Diversity Database indicates the project site abuts habitat for agelaius tricolor (Tricolored Blackbird) and is two (2) miles northeast of the alleged vulpes macrotis mutica (San Joaquin Kit Fox) corridor. Parcelization of the site, as proposed, will not result in any direct or indirect impacts to endangered species or habitats, locally designated species, or wildlife dispersal or mitigation corridors. ne. References: Stanislaus County General Plan and Support Documentation 1 and the California Department of Fish and Game California Natural Diversity Database. 19

20 Stanislaus County Initial Study Checklist Page 7 V. CULTURAL RESOURCES -- Would the project: Potentially a) Cause a substantial adverse change in the significance of a historical resource as defined in ? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Discussion: The Central California Information Center (CCIC) was consulted regarding archaeological or cultural resources existing on this property. The CCIC s response indicated the presence of historical resources associated with the Hetch Hetchy Aqueduct and San Joaquin Pipelines. 1 and 2, which run adjacent and parallel to the northern portion of the project site, and a Section of the Southern Pacific Railroad Line, West Side Branch. Although no prehistoric, archaeological, or cultural resources have been formerly reported, the project area has a slight sensitivity for remnants of prehistoric occupation sites and artifacts as the 1922 Carbona USGS 15-minute map shows that Hospital Creek formerly flowed less than one (1) mile from the southernmost portion of the project area. Also, there may be other historic-era features at, or adjacent to, the northern boundary of the project that are associated with the Hetch Hetchy Aqueduct. Consequently, the CCIC is recommending conditions of approval that would require a field survey by a qualified professional archaeologist and protection/avoidance of the concrete marker prior to development of the property. With the addition of conditions of approval to the project, Planning staff feels that the potential for substantial adverse changes to cultural or historic resources is less than significant. Additionally, a standard condition of approval will be added to the project regarding the discovery of historic or cultural resources as well as the notification process should any of these resources be located on the project site. ne. References: Central California Information Center (CCIC) Report dated vember 16, 2011, and the Stanislaus County General Plan and Support Documentation 1. VI. GEOLOGY AND SOILS -- Would the project: Potentially a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? 20

21 Stanislaus County Initial Study Checklist Page 8 c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Discussion: As contained in Chapter 5 of the General Plan Support Documentation, the areas of the County subject to significant geologic hazard are located in the Diablo Range, west of Interstate 5; however, as per the California Building Code, all of Stanislaus County is located within a geologic hazard zone (Seismic Design Category D, E, or F) and a soils test may be required at building permit application. Results from the soils test will determine if unstable or expansive soils are present. If such soils are present, special engineering of the structure will be required to compensate for the soil deficiency. Any structures resulting from this project will be designed and built according to building standards appropriate to withstand shaking for the area in which they are constructed. Any earth moving is subject to Public Works Standards and Specifications which considers the potential for erosion and run-off prior to permit approval. Likewise, any addition of a septic tank or alternative waste water disposal system would require the approval of the Department of Environmental Resources (DER) through the building permit process, which also takes soil type into consideration within the specific design requirements. References: Element 1. ne. California Building Code and the Stanislaus County General Plan and Support Documentation - Safety VII. GREENHOUSE GAS EMISSIONS Would the project: Potentially a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Discussion: The proposed project should not generate greenhouses gas emissions, either directly or indirectly, that may have a significant impact on the environment or conflict with any plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases. ne. References: Stanislaus County General Plan and Support Documentation 1. VIII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: Potentially a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 21

22 Stanislaus County Initial Study Checklist Page 9 b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Discussion: known hazardous materials are on site. Pesticide exposure is a risk in agricultural areas. Sources of exposure include contaminated groundwater, which is consumed, and drift from spray applications. Application of sprays is strictly controlled by the Agricultural Commissioner and can only be accomplished after first obtaining permits. DER is responsible for overseeing hazardous materials in this area. ne. References: Stanislaus County General Plan and Support Documentation 1. I. HYDROLOGY AND WATER QUALITY -- Would the project: Potentially a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 22

23 Stanislaus County Initial Study Checklist Page 10 c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Discussion: Areas subject to flooding have been identified in accordance with the Federal Emergency Management Act. The project site itself is designated as - Outside 0.2 percent of Annual Chance Flood Hazard flood zone and, as such, flooding is not an issue with respect to this project. ne. References: Stanislaus County General Plan and Support Documentation 1.. LAND USE AND PLANNING -- Would the project: Potentially a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Discussion: As discussed above within Section II - Agriculture and Forest Resources, any use of the property must be compatible with the County s General Agriculture (A-2) zoning district which limits the property to agricultural uses and uses incidental and accessory to the on-site agricultural use of the property. ne. References: Stanislaus County General Plan and Support Documentation 1. 23

24 Stanislaus County Initial Study Checklist Page 11 I. MINERAL RESOURCES -- Would the project: Potentially a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Discussion: The location of all commercially viable mineral resources in Stanislaus County has been mapped by the State Division of Mines and Geology in Special Report 173. There are no known significant resources on the site. ne. References: Stanislaus County General Plan and Support Documentation 1. II. NOISE -- Would the project result in: Potentially a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Discussion: The proposed project will not result in any significant noise impacts. The agricultural use of the site will remain the same. construction is proposed, but any construction as a result of this project is not expected to increase the area's ambient noise level. Any noise impacts associated with increased on-site activities and traffic is not anticipated to exceed the area s existing level of noise. ne. References: Stanislaus County General Plan and Support Documentation 1. 24

25 Stanislaus County Initial Study Checklist Page 12 III. POPULATION AND HOUSING -- Would the project: Potentially a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Discussion: This project does not propose any significant type of growth inducing features; therefore, adverse affects created by population growth should not occur. The proposed parcels will be restricted by the General Agriculture (A-2) zoning district to a maximum of two (2) dwellings per parcel; however, no residential development was proposed in association with this application. ne. References: Stanislaus County General Plan and Support Documentation 1. IV. PUBLIC SERVICES Potentially a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Discussion: The County has adopted a standardized condition of approval requiring payment of all applicable Public Facilities Fees, including Fire Facility Fees on behalf of the appropriate fire district, to address impacts to public services. In addition, first year costs of the Sheriff s Department have been standardized based on studies conducted by the Sheriff s Department. Although no new structures are planned as a part of this project, these fees will be required upon issuance of any building permit and will be placed as conditions of approval for this project. The Modesto Regional Fire Authority submitted a comment letter on behalf of the West Stanislaus Fire Protection District indicating that the proposed project would pose a less than significant environmental impact and therefore no mitigation measures or conditions of approval were proposed. 25

26 Stanislaus County Initial Study Checklist Page 13 ne. References: Referral response from the Modesto Regional Fire Authority dated January 9, 2012, and the Stanislaus County General Plan and Support Documentation 1. V. RECREATION -- Potentially a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Discussion: The increased use of existing recreational facilities as a result of this project is anticipated to have no impact as the project does not propose any dwellings at this time. The proposed parcels are of substantial size to offer on-site recreation opportunities to the respective owners, if warranted. ne. References: Stanislaus County General Plan and Support Documentation 1. VI. TRANSPORTATION/TRAFFIC -- Would the project: Potentially a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 26