4.10 LAND USE, PLANNING AND ZONING

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1 4.10 LAND USE, PLANNING AND ZONING This section discusses the project s consistency with applicable local, regional, and state land use policies. Consistency with the Butte County Air Quality Attainment Plan is discussed in Section 4.3, Air Quality. Land use compatibility conflicts associated with growth facilitated by the Specific Plan are discussed in sections 4.1, Aesthetics and Visual Resources; 4.2, Agriculture and Forestry; 4.8, Hazards and Hazardous Materials; 4.11, Noise; 4.12, Population and Housing; and 4.14, Traffic, Circulation and Access Setting a. Countywide Land Use. The total land area of Butte County is approximately 1,680 square miles. Agricultural and forestry lands account for almost three quarters of all land in the the County (Butte County, Settings and Trends Report, 2007). The remainder of the county is comprised of rural development within unincorporated Butte County and urban development within incorporated cities. Unincorporated urban uses account for less than 3 percent of the county s total land area while the five incorporated municipalities comprise less than 4 percent of the county s land area. Urban uses in the foothills are concentrated in and adjacent to the incorporated communities of Paradise and Oroville. Much of the new development in these areas is fueled by in-migration of residents from more urbanized regions of California. b. Project Area and Surrounding Land Uses. The Specific Plan area consists of approximately 689 acres of unincorporated land in Butte County, south of the City of Oroville and west of Palermo. As discussed in Section 2.0, Project Description, the project site is bisected north/south by SR 70; the majority of the Specific Plan area is located to the west of SR 70 and an approximately 164-acre portion is located to the east and just north of Palermo Road. The project site comprises eight parcels, as listed below in Table and shown in Figure Note the acreage in Table totals 698. This is inconsistent with the 689 acre project area because the actual parcel size exceeds the Specific Plan survey boundary. Table Assessor Parcel Numbers in the Project Area Parcel Number Acres Land Use Designation Zoning Agriculture (AG) AG AG, Resource Conservation (RC) AG-80, RC RC RC RC RC AG AG AG AG AG AG AG AG-80 Based on the County s updated General Plan Land Use Map, adopted November 2012, the portion of the Specific Plan area to the west of SR 70 is designated for use as Agriculture, while the remaining portion to the east of SR 70 is designated for Resource Conservation. In addition, a

2 Rio d'oro Specific Plan EIR Project Site County Parcel Boundaries Parcels in Project Area ± ,600 Feet Imagery provided by ESRI and its licensors Parcel data from Butte County, 2013 and CSU Chico, Parcels Within Specific Plan Area Figure

3 land use designation of Specific Plan to be Developed overlays the entire project site. (Figure shows land use designations in the project area.) This overlay refers to the proposed Rio d Oro Specific Plan, which the General Plan 2030 anticipates in the project area. To the west of SR 70, the Specific Plan area is zoned Agriculture - 80 (AG-80), indicating a minimum 80-acre parcel size. To the east of SR 70, the Specific Plan area is zoned Resource Conservation. Figure shows current zoning in the project area. The project site is surrounded by rural residential uses and Pacific Heights Road to the west and north; agricultural/grazing uses to the east; and the Dingerville RV park, mobile home community, and golf course to the south. Palermo Road is also located along the southern property boundary. To the southwest, west and northwest are the 11,807-acre Oroville Wildlife Area (managed by the California Department of Fish Wildlife (CDFW)), extensive mine tailings and three aggregate mining operations. c. Regulatory Setting. Butte County General Plan Butte County adopted the General Plan 2030 in October 2010 and amended it in November The General Plan 2030 represents the basic community values, ideals and aspirations with respect to land use, development and conservation policy that will govern Butte County through It contains ten elements, as summarized below, which establish goals, policies and actions for each topic addressed. Land Use Element. The Land Use Element designates all lands within unincorporated Butte County for specific uses such as housing, retail, industrial and agricultural uses. The Land Use Element also provides development regulations for each land use designation and overall land use policies for the County. Housing Element. The Housing Element demonstrates how the County will meet its existing and projected housing needs, including its share of the regional housing demand. This Element addresses specific sites with development capacity to meet the projected housing need, reviews the results of the previous Housing Element, describes the public participation process for the Housing Element Update, assesses housing needs and inventories resources and constraints Economic Development Element. The Economic Development Element addresses Butte County s local economy, job creation and the County s fiscal health. Agriculture Element. The Agriculture Element includes goals, policies and actions intended to conserve agricultural land, promote agricultural uses and maintain the natural resources necessary to support agricultural growth. Water Resources Element. The Water Resources Element includes goals, policies and actions intended to protect and conserve Butte County s water sources. This element addresses stormwater management, water service providers, water storage facilities, potable water supply and demand in Butte County and the County s water resource management efforts

4 Rio d'oro Specific Plan EIR Imagery provided by ESRI and its licensors Project Site Land Use Designations ,600 Agriculture (20-ac to 160-ac minimum) Resource Conservation (40-ac minimum) Rural Residential (5 to 10 ac/du) Very Low Density Residential (up to 1 du/ac) Retail and Office (0.4 maximum FAR) Recreation Commercial (0.4 maximum FAR) Industrial (0.5 maximum FAR) Feet ± Land Use Map Figure

5 Rio d'oro Specific Plan EIR Imagery provided by ESRI and its licensors Zoning Project Site Rural Residential - 5 (up to 1 du/5 ac) Very Low Density Residential (up to 1 du/ac) General Commercial Recreation Commercial Light Industrial Heavy Industrial Agriculture - 20 Agriculture - 40 Agriculture - 80 ± ,400 Feet Resource Conservation (40-ac minimum) Zoning Map Figure

6 Circulation Element. The Circulation Element specifies the general location and extent of existing and proposed major streets and other transportation facilities. The Element is correlated with the Land Use Element to provide adequate pedestrian, bicycle, motor vehicle, transit, air transportation and emergency access to serve both new and existing land uses. The Element also addresses transit-oriented development; cooperation with other agencies, such as the California Department of Transportation; and the environmental effects of transportation including air quality and greenhouse gas emissions. Conservation and Open Space Element. The Conservation and Open Space Element combines two elements required under State law: the Open Space Element and the Conservation Element. It addresses the six types of open space identified by State law: open space for the conservation of natural resources, open space used for the managed production of resources, open space for public health and safety, open space in support of the mission of military installations, and open space for the protection of Native American sacred sites. This Element also addresses greenhouse gases, energy, air quality, biological resources, timber resources, mineral and soil resources; cultural resources and scenic resources. Health and Safety Element. The Health and Safety Element combines two elements required under State law: the Noise Element and the Safety Element. It provides information about risks in Butte County related to natural and human-made hazards, and contains goals, policies and actions designed to protect the community and its property from hazards and noise. The Health and Safety Element addresses noise problems, quantifies current and projected noise levels from a variety of sources and establishes noise compatibility guidelines for different land uses. It also addresses risks associated with flooding and dam or levee inundation; seismic and other geologic hazards; fire hazards; and hazardous materials. This Element also addresses emergency response, disaster preparedness and community health. Public Facilities and Services Element. The Public Facilities and Services Element addresses the current state of public services and facilities within the county, including general government services, fire protection and emergency medical services, sheriff services, public education, libraries, parks and recreation, solid waste and waste diversion, and wastewater. Area and Neighborhood Plans Element. The Area and Neighborhood Plans Element provides goals and policies from the Durham, Dayton, Nelson Plan and the Chapman-Mulberry Neighborhood Plan. Butte County Zoning Ordinance. The Butte County Zoning Ordinance was adopted in November 2012 to implement the General Plan Article 3 of the 2012 Zoning Ordinance establishes zones that apply to property in unincorporated Butte County as well as the official Butte County Zoning Map. As discussed above, the Specific Plan area falls within the AG-80 and RC zones. AG-80 is one of several agricultural zones which implement the Agriculture land use designation in the General Plan The AG designation is intended to support, protect, and maintain a viable, long-term agricultural sector in Butte County. Standards for the AG zone are intended to maintain the vitality of the agricultural sector by retaining parcel sizes necessary to sustain viable agricultural operations, protecting agricultural practices and activities by minimizing land-use conflicts, and protecting agricultural resources by regulating land uses and development intensities in agricultural areas. Permitted uses include crop cultivation, animal

7 grazing, stock ponds, and agricultural processing. More intensive agricultural activities, such as animal processing, dairies, hog farms, stables, forestry and logging, and mining and oil extraction, are permitted with the approval of a Conditional Use Permit. One single-family home and one second unit is permitted on each legally-established parcel within the AG zone, and residential uses for agricultural employees are permitted as an accessory use within the AG zone. The minimum permitted parcel size in the AG zone ranges from 20 acres to 160 acres. As noted, the project site is zoned for an 80 acre minimum parcel size. The purpose of the RC zone is to protect and preserve natural, wilderness, and scientific study areas that are critical to environmental quality within Butte County. Standards for the RC zone are intended to protect sensitive natural resources and provide limited recreational and commercial recreational uses for the enjoyment of Butte County residents and visitors. Permitted land uses in the RC zone include livestock grazing and limited recreational and commercial recreational uses that do not detract from the area s value for habitat, open space, or research. The minimum permitted parcel size in the RC zone is 40 acres. The RC zone allows for one single-family home per parcel. The RC zone implements the Resource Conservation land use designation in the General Plan. Mining may be considered by a Mining Permit in this zone when it will result in an improvement or no degradation of the habitat area as the end use pursuant to the Surface Mining and Reclamation Act. City of Oroville 2030 General Plan. The City of Oroville adopted its 2030 General Plan in As shown in Figure LU-4 in the 2030 General Plan, the City s Sphere of Influence was extended to the southwest to include the Specific Plan area. The Land Use Element states that the City anticipates annexing the Specific Plan area in the near future. The 2030 General Plan provides guidance on how Oroville will fulfill its community vision and manage future growth. The 2030 General Plan addresses all aspects of development, including land use; community character; circulation and transportation; open space, natural resources and conservation; public facilities and services; safety; and noise. Butte County Association of Governments (BCAG). The Specific Plan area is located within the jurisdiction of BCAG, an association of all local governments within Butte County. BCAG is responsible for the development of federal and state transportation plans and programs that secure funding for transportation improvements in the County. Metropolitan Transportation Plan/Sustainable Communities Strategy (MTP/SCS). State law requires that BCAG adopt an updated MTP/SCS every four years which identifies the region's long range transportation plan over a 20-year minimum horizon. The current MTP/SCS, adopted in December 2012, covers the years from 2012 to As a discretionary project within BCAG s jurisdiction, the proposed Specific Plan must be consistent with policies in the 2012 MTP/SCS. Butte Regional Conservation Plan. The Butte Regional Conservation Plan (BRCP), which is currently under development, is intended to allow for appropriate and compatible growth and development in the western lowlands and foothills of Butte County while ensuring the preservation of aquatic and terrestrial resources and providing habitat for threatened and endangered species through conservation partnerships with local agencies. In December 2012, BCAG released a Preliminary Public Draft of the plan. Once completed, the BRCP will provide streamlined Endangered Species Act and wetlands permitting for transportation projects, land

8 development and other covered activities over the 50-year term of the permits. The BRCP also will serve as both a federal Habitat Conservation Plan and a state Natural Community Conservation Plan. BCAG is coordinating the Butte Regional Conservation Plan on behalf of the Western Canal Water District, the Richvale Irrigation District, the Biggs West Gridley Water District, and the Butte Water District. The Specific Plan area is located within the Oroville Urban Permit Area (UPA) of the BRCP. The BRCP is a voluntary resources protection and management tool, under which participating entities will not be required to accept species restrictions or financial commitments beyond those agreed to in the plan. Rather than individually surveying, negotiating, and securing compensatory mitigation as typically occurs through project by project mitigation, once the BRCP is in place, project proponents will receive an incidental take permit by simply paying a compensatory fee (in some cases, dedication of on-site mitigation can be an alternative to paying a fee) for use to purchase compensatory habitat lands or easements. Local Agency Formation Commission (LAFCO). The State of California has the exclusive power to regulate boundary changes, which means that no local government has the right to change its own boundary without State approval. The Legislature has prescribed a uniform process for boundary changes for both cities and special districts that is now embodied in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (California Government Code Section et seq.). This Act delegates the Legislature s boundary powers to local agency formation commissions (LAFCOs). Butte LAFCO is responsible for reviewing and approving proposed jurisdictional boundary changes in Butte County, including the annexation and detachment of territory to and/or from cities and most special districts, incorporations of new cities, formations of new special districts, and consolidations, mergers, and dissolutions of existing districts. In addition, LAFCOs must review and approve contractual service agreements, conduct service reviews, and determine spheres of influence for each city and district. As discussed in Section 2.0, Project Description, implementation of the proposed Specific Plan would require LAFCO to approve annexation of the Specific Plan area into the SFWPA and LOAPUD or City of Oroville service areas. Such approval is contingent upon consistency with applicable requirements of the Cortese-Knox- Hertzberg Act, as well as with Butte LAFCO s general policies and standards for annexations and detachments Impact Analysis a. Methodology and Significance Thresholds. Land use impacts were assessed based upon the level of physical impact anticipated in the various issues that can affect land use compatibility (e.g., aesthetics, agriculture air quality, hazards, noise, population and housing, and traffic). Impacts are considered significant if the proposed Specific Plan would: Physically divide an established community; 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; or

9 Conflict with an applicable habitat conservation plan or natural community conservation plan. b. Project Impacts and Mitigation Measures. Impact LU-1 The proposed Specific Plan would facilitate urban development between existing residential uses along Pacific Heights Road both north and south of the proposed site. Although development would alter the rural character of the existing community, it would not impose a barrier to connectivity in this community. Impacts related to physically dividing a community would be Class III, less than significant. Near Term (2017). The vicinity of the Specific Plan area is developed with a mix of lowdensity residential development, farmland, protected open space, and commercial and industrial uses. Existing rural residential development occurs to the immediate west and north of the project site, along Pacific Heights Road. Mobile homes are located on the Dingerville property adjacent to and south of the site. At present, these developments are linked by Pacific Heights Road but separated by stretches of undeveloped land that comprise a portion of the project site. In aggregate, existing residences near the Specific Plan area could be considered an established rural community. Near-term implementation of the Specific Plan would involve the construction of backbone roadways and infrastructure and up to 200 residences on the project site. Although such development would occur within what may be considered a rural residential community, it would not physically divide this community; rather, the proposed roadways would facilitate connectivity between existing residences along Pacific Heights Road and SR 70. In the near term, the majority of the Specific Plan area would remain undeveloped and rural in character, consistent with the surrounding area. Near-term impacts would be less than significant. Full Build Out. The Specific Plan ultimately would facilitate the development of up to 2,700 residences, 248,000 square feet of commercial uses, various public facilities and a network of arterial, collector, and local roads on the project site. Complete implementation of the proposed Specific Plan would interpose Medium Density and Medium High Density Residential development, as shown in Figure 2-6, between existing residential uses along Pacific Heights Road. In addition, a primary entrance to the Rio d Oro site would be constructed on the east side of Pacific Heights Road, between the Dingerville development to the south and rural residential uses to the north. New development at the proposed scale would alter the existing rural character of the area, as discussed in Impact AES-3. Nevertheless, implementation of the Specific Plan would not impose physical barriers to connectivity between areas of an existing community. Existing roadways such as Pacific Heights Road and SR 70 would continue to provide connectivity across the community. The project would provide internal access for the existing residences located adjacent to the project along Pacific Heights Road. Therefore, impacts would be less than significant

10 Impact LU-2 The Proposed Project would be consistent with General Plan 2030, zoning ordinance and related policies/regulations adopted for the purpose of avoiding or minimizing environmental effects. Impacts would be Class II, Less than Significant. Proposed development projects must be consistent with the applicable general plan land use designations, objectives, principles, and standards prior to approval. Under the General Plan 2030, the Specific Plan area is currently designated for agriculture and resource conservation, with an overlay for the development of a specific plan. For the Specific Plan area, the Land Use Element anticipates that the Rio d Oro Specific Plan will facilitate development of up to 2,700 dwelling units of mixed residential types, with commercial areas limited to 30 acres of Retail and Office designation along the northern portion of the site, and smaller areas dedicated to public and commercial uses at the intersection of SR 70 and Palermo Road. The proposed Specific Plan would designate a mix of residential, commercial, public facility, open space, and environmental conservation land uses on the project site. Further, the Specific Plan would include interim agricultural uses on the site. The Land Use Element also states that the Specific Plan will specify a maximum permissible floor-area ratio (FAR) of 0.4 for proposed retail uses. With a proposed 200,000 square feet of retail and commercial uses on 23.5 acres, this portion of the Specific Plan area would have an FAR of 0.19, which is below the maximum allowed under the County s Land Use Element. Thus, the proposed Specific Plan would be consistent with development of the project area, as anticipated in the General Plan Although the Specific Plan area is located in unincorporated Butte County and is not subject to the City of Oroville s land use designations or policies, the proposed project would be consistent with development anticipated under the City s 2030 General Plan. As discussed in the Regulatory Setting, the 2030 General Plan extended the City s Sphere of Influence to the southwest to include the Specific Plan area for the purpose of future annexation. The City s Land Use Element describes the Rio d Oro Specific Plan as ordering the development of a 647-acre site in the southern Oroville area and limiting development to no more than 2,700 dwelling units of mixed residential types. In addition, the Land Use Element anticipates that the Specific Plan would limit commercial areas to 30 acres of Retail and Business Serving designation to be located along the northern portion of the Specific Plan area. For the retail area, the Specific Plan is expected to specify a maximum permissible FAR of 0.4. As proposed, the Specific Plan would encompass an area approximately 7.9 percent larger than anticipated in the City s 2030 General Plan (at 689 acres); however, it would not facilitate additional residential and commercial development to the level assumed in the 2030 General Plan. c. General Plan Consistency. Table contains a discussion of Specific Plan consistency with applicable objectives, principles and standards of the County s General Plan Consistent with the scope and purpose of this EIR, the discussion primarily focuses on those Butte County General Plan and Zoning Ordinance requirements that relate to avoiding or mitigating environmental impacts, and an assessment of whether any inconsistency with these standards creates a significant physical impact on the environment. The ultimate determination of whether the proposed Specific Plan is consistent with the General Plan and Zoning Ordinance lies with the decision-making bodies (Planning Commission and Board of Supervisors). Only policies relevant and applicable to the proposed Specific Plan are included. Policies that are redundant between elements are omitted, as well as policies that call for County actions that are

11 independent of review and approval or denial of the proposed Specific Plan. Consistency with applicable policies related to agriculture will be discussed separately in Section 4.2, Agricultural and Forestry, which finds that the Specific Plan would be consistent with General Plan policies in this area. Table Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies LAND USE ELEMENT GOAL LU-1Continue to uphold and respect the planning principles on which the County's land use map is based. LU-P1.1 The County shall protect and conserve land that is used for agricultural purposes, including cropland and grazing land. LU-P1.3 The County shall minimize potential conflicts between agricultural and urban uses. Consistency Review Consistent. The project site is not cropland. The project site has been used for grazing; however, the General Plan designates the project site as Specific Plan to be Developed. Consistent. The Specific Plan would locate residential and commercial uses to the west of SR 70, with existing agricultural lands adjacent to the east of the highway. Nevertheless, as shown in Figure 4.2-4, a landscaped buffer and frontage area would separate future residential uses along the proposed East Loop Road from the highway. Further, an Environmental Conservation area would buffer most of the site s remaining frontage with SR 70. As discussed in Section 4.3, Agriculture, these project features would minimize conflicts between urban and agricultural uses. LU-P1.6 The County shall conserve important habitat and watershed areas, while protecting the public safety of County residents. Goal LU-2 Provide for orderly, well-planned, and balanced growth that maintains private property rights. LU-P2.5 The County shall promote clustered development in rural areas. Further, as addressed in the Specific Plan and discussed in Section 4.2, Agriculture and Forestry Resources, the project would incorporate Butte County s Residential/Agricultural Buffer Implementation Guidelines as defined in Section (c)(2) of the Butte County Code. Consistent. As discussed in Section 4.5, Biological Resources, the Specific Plan would conserve riparian corridors and vernal pool and swale habitat that support federally listed vernal pool invertebrates and special-status plants. Wetlands on-site would be preserved to the extent feasible and any impacted wetlands would be mitigated to ensure no net loss of wetlands. Near the riparian corridors, recreational trails would include lighting for public safety and convenience. Lighting intensity would be minimized to avoid significant environmental impacts. Thus, the Specific Plan would conserve important habitat and wetland areas while protecting public safety. Consistent. The Specific Plan would facilitate urban development at varying densities to the west of SR 70 while conserving environmentally sensitive habitat throughout the project site

12 Table Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies Goal LU-3 Create communities where there is a sense of well-being where families and neighbors can socialize, interact, and play. LU-P3.2 Newly-developed neighborhoods shall include parks and recreation facilities. Sidewalks, bike paths, and other routes shall provide circulation to surrounding areas. Goal LU-4 Provide high-quality housing in a range of residential densities and types. LU-P4.2 Residentially-designated land with High Density Residential and Very High Density Residential land use designations shall be developed at or above the minimum density range. Goal LU-6 Provide adequate land for the development of public and quasi-public uses, as a means to provide necessary public services and facilities in support of existing and new residential, commercial, and industrial land uses. LU-P6.2 Specific Plans, Master Plans, Area Plans, Neighborhood Plans or Planned Unit Developments shall designate adequate, appropriately-located land for County, special district, and school district facilities. GOAL LU-7Promote public participation in the County's planning processes. LU-P7.1 Consideration of General Plan amendments shall include broad public participation through the use of public meetings, local groups, questionnaires and other methods and notification of affected property owners. LU-P7.3 Sponsors of new development projects shall have early and frequent communication with affected citizens and stakeholders. Goal LU-8 Promote development near existing infrastructure and services, and within alreadydeveloped areas. LU-P8.3 Applicants intending to develop sites served by existing public facilities shall be encouraged to develop at the highest allowable density and intensity. GOAL LU-9 Coordinate land development with provision of new services and infrastructure LU-P9.2 The County shall balance development densities with the traffic-carrying capacities of existing and proposed circulation plans. Consistency Review Consistent. The Specific Plan has been designed to incorporate open space, parks and recreation facilities. Sidewalks, bike paths, trails provide circulation throughout the Specific Plan. Consistent. Residential densities within the Specific Plan have been defined as specified in General Plan Consistent. As discussed in Section 4.13, Public Services, the Specific Plan would designate a 10- acre site for construction of an elementary school. This dedication of land would be adequate to accommodate additional demand for school services generated by future residents. The details of the dedication will be specified in the Development Agreement between the applicant and Butte County. Consistent. The proposed project includes General Plan amendment. Public and scoping meetings have been held throughout the development process and will continue through the CEQA process. Consistent. The project includes public outreach through the CEQA process. This includes a scoping meeting, NOP public review and public meetings, Draft EIR public review, and a public hearing with the County elected officials. Consistent. The project would include residential development of various densities and a comparable mix of commercial uses. Consistent. The traffic generated from the project development is within the traffic-carrying capacities of existing and proposed circulation plans as outlined within the 2030 General Plan

13 Table Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies LU-P9.4 Applicants shall provide evidence of adequate infrastructure capacity to serve the projected buildout of proposed development projects. LU-P9.5 New development projects shall provide their own infrastructure or tie in to existing infrastructure as it is built. LU-P9.6 Large development projects, as determined by the Department of Development Services that may not be served at adequate levels by existing pubic services (e.g. staffing, equipment and facilities) shall be subject to additional fiscal review before gaining full entitlements to develop. The applicant shall prepare a fiscal impact analysis that identifies any fiscal mitigation measures needed to ensure that the County will be able to maintain adequate service levels and fiscal sustainability. GOAL LU-10 Ensure that services and infrastructure are adequately funded. LU-P10.1 The County shall consider the creation of additional assessment districts, county service areas and/or special districts to fund and manage new and improved infrastructure. LU-P10.2 New development projects shall pay their fair share of public improvement costs for countywide infrastructure, facilities, and services, and shall fund needed infrastructure and facilities proportionately to the cost of providing infrastructure and services. Consistency Review Consistent. Adequate water supplies are available through SFW&P; SC-OR has indicated service capacity is available for wastewater treatment Consistent. The project development is providing a stormwater system and infrastructure. Wastewater lines will be connected to existing LOAPUD or City of Oroville lines for wastewater collection. The project will tie into existing an SFWPA water line. Consistent. The applicant is required to participate in public service funding programs to be stipulated in the Development Agreement. Consistent. Conditions of approval may require the development of Community Facilities Districts and/or participation in funding mechanisms for maintenance of facilities. Consistent. County impact fees and service fees are required when applicable, such as, the building permit stage of development. Goal LU-15 Direct development to existing urbanized areas. LU-P15.3 The County shall encourage efficient urban infill development within municipal limits, municipal spheres of influence, and existing unincorporated communities where development can readily be served by public infrastructure facilities. Inconsistent. This goal is more specifically reviewed in the discussion of the policies below Inconsistent. The project is consistent with the Specific Plan to be Developed Overlay of General Plan 2030 as a designated development area. The project is not an Urban Infill project and cannot be served by readily available infrastructure. For this reason, the project is not consistent with LU-P15.3 HOUSING ELEMENT Goal H-1 Provide for the County's regional share of new housing for all income groups and future residents as identified in the Housing Needs Assessment. H-P1.2 Focus development in the unincorporated areas of the spheres of influence of the cities to accommodate the County s housing allocation. Consistent. The Specific Plan would contribute to meeting the County s RHNA allocation by facilitating the development of up to 2,700 housing units. As discussed above, the Specific Plan would focus such residential development within the proposed City of Oroville sphere of influence

14 Table Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies Goal H-2 Encourage the provision of affordable housing in the unincorporated area. Consistency Review H-P2.1 Support the development of affordable housing in locations with adequate services and transportation accessibility. AGRICULTURE ELEMENT GOAL AG-2 Protect Butte County's agricultural lands from conversion to non-agricultural uses AG-P2.3 Redesignation and rezoning of land designated as Agriculture to an urban designation shall be allowed only when the applicant can demonstrate that the following criteria are met and mitigated: a. The lot(s) for which conversion is requested is adjacent to uses other than agriculture or agricultural support uses (e.g. receiving plants, hulling plants). b. The conversion will not be detrimental to existing agricultural operations. c. The conversion land is adjacent to existing urban infrastructure and conversion will constitute a logical contiguous extension of a designated urban area. d. No feasible alternative exists that is less detrimental to agriculture. e. Full mitigation of impacts to the extent allowed under the law is provided, including, but not limited to, roads, drainage, schools, fire protection, law enforcement, recreation, sewage and lighting. WATER RESOURCES ELEMENT GOAL W-1 Maintain and enhance water quality. W-P1.1 County planning and programs shall be integrated with other watershed planning efforts, including best management practices, guidelines and policies of the Central Valley Regional Water Quality Control Board (CVRWQCB). W-P1.4 Where appropriate, new development shall be Low Impact Development (LID) that minimizes impervious area, minimizes runoff and pollution and incorporates best management practices. GOAL W-2 Ensure an abundant and sustainable water supply to support all uses in Butte County. Consistent. The Specific Plan would establish multifamily housing in High Density and Very High Density Residential areas, which would be expected to offer more affordable housing to future residents. Consistent. Although the proposed Specific Plan would involve redesignation and rezoning of land designated as Agriculture to residential and commercial uses, these criteria would not apply because the project site is within a Specific Plans to be Developed overlay in which urban development is planned. Consistent. The County will circulate all environmental documents for review by the CVRWQCB. Consistent. The proposed project includes a comprehensive system of storm drain pipes, inlets and outlets, swales, and basins that are designed to minimize runoff and pollution

15 Table Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies W-P2.9 Applicants for new major development projects, as determined by the Department of Development Services, shall demonstrate adequate water supply to meet the needs of the project, including an evaluation of potential cumulative impacts to surrounding groundwater users and the environment.* GOAL W-3 Effectively manage groundwater resources to ensure a long-term water supply for Butte County. W-P3.3 The County shall protect groundwater recharge and groundwater quality when considering new development projects.* GOAL W-4 Promote water conservation as an important part of a long-term and sustainable water supply. W-P4.4 Opportunities to recover and utilize wastewater for beneficial purposes shall be promoted and encouraged. W-P4.6 New development projects shall adopt best management practices for water use efficiency and demonstrate specific water conservation measures. GOAL W-5 Protect water quality through effective stormwater management. W-P5.2 New development projects shall identify and adequately mitigate their water quality impacts from stormwater runoff. W-P5.3 Previous pavements shall be allowed and encouraged where their use will not hinder mobility. W-P5.4 Temporary facilities shall be installed as necessary during construction activities in order to adequately treat stormwater runoff from construction sites. W-P5.5 Stormwater collection systems shall be installed concurrently with construction of new roadways to maximize efficiency and minimize disturbance due to construction activity. CIRCULATION ELEMENT GOAL CIR-6Support a balanced and integrated road and highway network that maximizes the mobility of people and goods in a safe, efficient manner. Consistency Review Consistent. The proposed project will receive water from the South Feather Water and Power Agency. A SB 610 has been provided by SFW&P and included as Appendix I of the DEIR. Consistent. The proposed project will receive water from the SFW&P. The project will not use groundwater nor is it a recharge area. Consistent. The applicant proposes to use up to 1 million gallons per day of reclaimed wastewater for irrigation. Consistent. The project will be required to comply with the water efficiency standards of the applicable California Green Building Codes. In addition, the proposed project will incorporate LEED standards into the design, which will provide further efficiencies. Consistent. The project integrates swales and detention basins to capture and treat stormwater runoff to comply with water quality standards. Consistent. Pervious pavements are allowed as part of the paths, walkways, etc. Consistent. The proposed project will include BMPs as specified by the RWQCB under a NPDES permit. Such BMPS may include silt fences, staked straw bales/wattles, silt/sediment basins and traps, check dams, geofabric, sandbag dikes, and temporary revegetation or other ground cover during construction. Consistent. Improvement plans will be reviewed by the Public Works Department for infrastructure construction during Phase I and subsequent phases of development

16 Table Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies CIR-P6.1 The level of service for County-maintained roads within the unincorporated areas of the county but outside municipalities' sphere of influences (SOI) shall be level of service (LOS) C or better during the PM peak hour. Within a municipality's SOI, the level of service shall meet the municipality's level of service policy. CIR-P6.2 The level of service on State Highways should at least match the concept level of service for the facility, as defined by Caltrans. CIR-P6.3 Project approval shall be conditioned on the provision of roadway improvements to meet the level of service standards in policies CIR-P6.1 and CIR-P6.2. Exceptions to satisfying the level of service standards and/or constructing transportation facilities to the County's design standards may be allowed on a case-by-case basis where reducing level of service or not constructing a transportation facility to County standards would result in a clear public benefit. Such circumstances may include, but are not limited to the following: a. Conserving agricultural or open space land. b. Enhancing the agricultural community. c. Protecting scenic roadways or highways. d. Preserving downtown community environments. CIR-P6.4 Parcels adjacent to highways and significant roadways shall have only limited access to these facilities as a means to accommodate regional traffic and preserve public mobility. GOAL CIR-8 Provide an adequate road system that is within the County's ability to finance and maintain. CIR-P8-3 Approval of new development projects shall be conditioned on payment of established traffic impact fees as a means to fund construction and improvement of affected roadways. GOAL CIR-9 Provide a circulation system that supports public safety. CIR-P9.1 All new road systems, both public and private, shall provide for safe evacuation of residents and adequate access to fire and other emergency services by providing at least two means of emergency access to an interconnected collector system. New road systems will include reduction and maintenance of roadside vegetation. GOAL CIR-10 Facilitate the mobility of Butte County residents with special mobility needs. Consistency Review Consistent. Traffic associated with development of Phase I would not adversely affect level of service on adjacent roadways or at intersections. Subsequent phases may adversely affect level of service. Mitigation measures are included in the EIR to address these impacts. Consistent. The level of services on SR 70 is at an acceptable level with the proposed project traffic during Phase I. Subsequent phases may adversely impact traffic at SR 70 intersections which would require mitigation. Consistent. The level of services on study area roadways would be acceptable with the proposed project traffic for Phase I. Subsequent phases may adversely impact traffic at SR 70 intersections which would require mitigation. Consistent. No direct access to state highways would be provided by the project. Consistent. The applicant is responsible for onsite road construction and for contribution to Countywide facilities through the County Impact Fee. Consistent. Emergency access will ultimately be reviewed and approved by the Butte County Fire Department. The current circulation plan provides access from SR 70 via Pacific Heights Road. There is an internal roadway that would make Pacific Heights accessible at the north and south end of the project site

17 Table Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies CIR-P10.2 All new development projects shall meet the requirements of the Americans with Disabilities Act. CONSERVATION AND OPEN SPACE ELEMENT GOAL COS-1 Reduce greenhouse emissions to 1990 levels by 2010 COS-P1.1 Greenhouse gas emission impacts from proposed development projects shall be evaluated as required by the California Environmental Quality Act (CEQA). COS-P1.2 New development projects shall mitigate greenhouse gas emissions on-site or as close to the site as possible. COS-P1.4 New development should provide aboveground and natural stormwater facilities and use building designs and materials that promote groundwater recharge. GOAL COS-2 Promote green building, planning and business. COS-P2.2 New development shall comply with Green Building Standards adopted by the California Building Standards Commission at the time of building permit application, including requirements about low- or no-toxicity building materials COS-P2.4 All new subdivisions and developments should meet green planning standards such as LEED for Neighborhood Design. GOAL COS-3 Promote a sustainable energy supply COS-P3.3 Utility lines shall be constructed along existing utility corridors wherever feasible. COS-P3.4 Solar-oriented and renewable design and grid-neutral development shall be encouraged. GOAL COS-4 Conserve energy and fuel resources by increasing energy efficiency. Consistency Review Consistent. The development will be required to meet applicable requirements, if any, at the time of building construction. Consistent. The Draft EIR includes a Greenhouse Gas emissions analysis. Consistent. The project includes design elements that would reduce Greenhouse Gas emissions. Consistent. The project proposes a series of aboveground drainage facilities. Consistent. As stated in Policy COS-P.2.2 in the General Plan 2030, all new development in the County is required to comply with statewide Green Building Standards. Furthermore, the Specific Plan would require that all individual developments within the Specific Plan area achieve 15 percent greater energy efficiency than Title 24 standards in the California Building Standards Code Consistent. Consistent with Policy COS-P2.4, all development proposals within the Specific Plan area also would be required to earn at least 50 points from the Build-It-Green checklists for single-family and multi-family residences. Consistent. The proposed Specific Plan would involve on- and off-site construction of water lines and sanitary sewer lines to serve the project site. As shown in Figure 2-9, the proposed water lines would be constructed along Ophir Road, an existing utility corridor and connect to existing line at the intersection with Baggett Marysville Road; and along the Pacific Heights Road and Palermo Road corridors to the south of the Specific Plan area. Figure 2-10 shows that the proposed alignment for the sanitary sewer line for the Specific Plan area would run along existing roadway corridors including Baggett Marysville Road and Georgia Pacific Way. Consistent. The applicant has incorporated rooftop solar into the design of single family residences

18 Table Specific Plan Consistency with General Plan Policies General Plan 2030 Goals and Policies COS-P4.3 New development shall meet the guidelines of the California Energy Star New Homes Program, or equivalent, and demonstrate detailed energy conservation measures. COS-P4.4 Site and structure designs for new development projects shall maximize energy efficiency. GOAL COS-7 Conserve and enhance habitat for protected species and sensitive biological communities. COS-P7.2 Clustered development patterns shall be encouraged to conserve habitat for protected species and biological resources. COS-P7.3 Creeks shall be maintained in their natural state whenever possible, and creeks and floodways shall be allowed to function as natural flood protection features during storms. COS-P7.4 New development projects shall mitigate their impacts in habitat areas for protected species through on- or off-site habitat restoration, clustering of development, and/or project design and through the provisions of the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) within the HCP/NCCP Planning Area, upon the future adoption of the HCP/NCCP. COS-P7.5 No new development projects shall occur in wetlands or within significant riparian habitats, except within the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) Planning Area where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP COS-P7.6 New development projects shall include setbacks and buffers along riparian corridors and adjacent to habitat for protected species, except where permitted in the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) Planning Area where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP Consistency Review Consistent. The developer incorporated a variety of design standards that are consistent with this policy. These include: Incorporate building materials and appliances that demonstrate energy conservation in all habitable structures (i.e. California Energy Star). Consistent. As discussed for COS-P4.3 above, the Specific Plan would be consistent with General Plan policies related to energy efficiency. Consistent. As discussed above with regard to Policy LU-P1.6, the proposed Specific Plan would conserve riparian habitat along the two arroyos onsite and would protect vernal pool habitat for listed species to the southeast of SR 70. Urban development would be clustered to the west of SR 70, in portions of the site that are less biologically sensitive Consistent. The arroyos located on-site will be maintained as open space to preserve their natural function. Consistent. The project includes a mitigation measures to protect species and habitat. These are described in Section 4.4, Biological Resources. Consistent. The proposed project has the potential to affect wetlands; however, mitigation measures have been incorporated into the project to avoid or minimize impacts to these resources. Consistent. The proposed Specific Plan s Land Use chapter would, setbacks of at least 75 feet from the banks of the arroyos ordinary high water marks, which would effectively buffer riparian corridors from development. Furthermore, the Specific Plan would set aside approximately 164 acres to the southeast of SR 70 for protected species. With the exception of a 4.3-acre commercial area and a 2-acre site for a police and fire substation at the corner of SR 70 and Palermo Road, the Specific Plan would not facilitate development in the vicinity of this protected area