Agenda packet — Oroville City Council, July 18, 2023 (part 4 of 4)

MITIGATIONS

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Monitoring
Activity/Timing/
Frequency/ Schedule
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside Agency
Coordination Comments
archaeologist shall notify the Butte County Coroner
(per § 7050.5 of the Health and Safety Code). The
provisions of § 7050.5 of the California Health and
Safety Code, § 5097.98 of the California PRC, and AB
2641 will be implemented. If the coroner determines
the remains are Native American and not the result
of a crime scene, the coroner will notify the NAHC,
which then will designate a Native American Most
Likely Descendant (MLD) for the Project (§ 5097.98 of
the PRC). The designated MLD will have 48 hours
from the time access to the property is granted to
make recommendations concerning treatment of the
remains. If the landowner does not agree with the
recommendations of the MLD, the NAHC can
mediate (§ 5097.94 of the PRC). If no agreement is
reached, the landowner must rebury the remains
where they will not be further disturbed (§ 5097.98
of the PRC). This will also include either recording
the site with the NAHC or the appropriate
Information Center; using an open space or
conservation zoning designation or easement; or
recording a reinternment document with the county
in which the property is located (AB 2641). Work
may not resume within the no-work radius until the
lead agencies, through consultation as appropriate,
determine that the treatment measures have been
completed to their satisfaction.

Paleontological Resources
PALEO-1: Discovery of Unknown Paleontological
Resources. If paleontological or other geologically
sensitive resources are identified during any phase of
Project development, the construction manager shall
Activity:

If paleontological or other
geologically sensitive
resources are identified
Contractor City of Oroville
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13 City of Oroville
Feather Ranch Project

MITIGATIONS

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Monitoring
Activity/Timing/
Frequency/ Schedule
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/
Verification
Outside Agency
Coordination Comments
cease operation at the site of the discovery and
immediately notify the City. The Project proponent shall retain a qualified paleontologist to evaluate the find
and to prescribe mitigation measures to reduce impacts
to a less than significant level. In considering any
suggested mitigation proposed by the consulting
paleontologist, the City shall determine whether
avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs,
land use assumptions, and other considerations. If
avoidance is unnecessary or infeasible, other
appropriate measures (e.g., data recovery) shall be
instituted. Work may proceed on other parts of the
project site while mitigation for paleontological
resources is carried out.
during any phase of project
development, the
construction manager shall
cease operation at the Site
and notify City of Oroville.

Timing:

During construction.

Frequency:

Ongoing during construction.

Initials
Date
Initials
Date
Public Services
PUB-1: Annexation into CFD 2006-01 and CFD
2006-02. Prior to recordation of the Final Map, the
Project shall annex into both CFD 2006-01 and CFD
2006-02.

Activity:

Annexation of the Project.

Timing:

Prior to approval of Final
Map.

Frequency:

Single occurrence.

Transportation
TR-1: Provide Pedestrian Network Improvements.

Providing a pedestrian access network to link areas of
the Project site encourages people to walk instead of
drive. This mode shift results in people driving less and thus a reduction in VMT.

Activity:

Provide a pedestrian access
network linking areas of the
Project site to encourage
walking.
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14 City of Oroville
Feather Ranch Project

MITIGATIONS

Increasing the use of pedestrian improvements would
further reduce Project-related VMT. The range of
effectiveness of this measure as described by BCAG is
from 0.5 percent to 5.7 percent.

Timing:

Prior to approval of Project.

Frequency:

Single occurrence.

TR-2: Provide Traffic Calming Measures.

Providing traffic calming measures encourages people
to walk or use bicycles instead of using a vehicle. This mode shift will result in a decrease in VMT.

Project design will include pedestrian/bicycle safety and traffic calming measures in excess of jurisdiction
requirements. Roadways will be designed to reduce
motor vehicle speeds and encourage pedestrian and
bicycle trips with traffic calming features. Traffic calming features may include: marked crosswalks, curb
extensions, speed tables, raised crosswalks, raised
intersections, median islands, tight corner radii,
roundabouts or mini-circles, on-street parking, planter strips with street trees, chicanes/chokers, and others.

Some aspects of this measure are already included in
the Proposed Project.

Increasing the use of traffic calming measures would
further reduce Project-related VMT. The range of
effectiveness of this measure as described by BCAG is
from 0 to 1.7 percent.

Activity:

Provide traffic calming
measures to encourage
walking and bicycling to
reduce VMT.

Timing:

Prior to approval of Project.

Frequency:

Single occurrence.
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15 Source: Feather Ranch Project EIR
City of Oroville
Feather Ranch Project

MITIGATIONS

Providing bicycle facilities reduces VMT by encouraging use of non-vehicular forms of transportation.

Connecting to existing bicycle facilities would provide access to Project site residents to a larger network of facilities.

The Project applicant shall contribute a fair share
portion of the cost toward construction of the bikeway.

Because the Bicycle Transportation Plan does not
specify whether the 20th Street bikeway would be a
Class I or Class II facility, it is not known whether the bikeway would be on 20th Street or separate from the
roadway. For the same reason, it is not known what the
cost of the bikeway would be. As such, the Project’s fair share portion shall be negotiated between the applicant and the City of Oroville.

Activity:

Provide traffic calming
measures to encourage
walking and bicycling to
reduce VMT.

Timing:

Prior to approval of Project.

Frequency:

Single occurrence.
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CITY OF OROVILLE
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE APPROVING ZONING CHANGE ZC 23-01 TO REZONE ONE PARCEL OF APPROXIMATELY 45 ACRES OF LAND (APN 030-230-098) FROM AIRPORT BUSINESS PARK (APB) TO SINGLE FAMILY RESIDENTIAL (R-1) ONCE TENTATIVE MAP TSM 22-01 FOR THE PROPOSED FEATHER RANCH SUBDIVISION IS APPROVED.

WHEREAS, the City of Oroville has determined that this parcel is currently zoned ABP in the 2015 adopted General Plan; and
WHEREAS, the city has determined that the parcels can be converted to residential purposes; and1600
WHEREAS, there is an existing adjacent subdivision with very similar features; and
WHEREAS, the city is keenly interested in developing market rate housing to help meet its RHNA (Regional Housing Needs Allocation), which the city sorely needs; and WHEREAS, MD3 Investments has proposed a 172-unit market rate subdivision with lots averaging 7,450 square feet in size at this location; and WHEREAS, the City has initiated general plan amendment GPA 23-01 and Zone Change ZC 23-01 to allow this developer to create the proposed housing; and WHEREAS, at a duly noticed public hearing, the City Council considered the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the changes described herein, and also considered the City’s staff report regarding the change.

The Council of the City of Oroville do ordain as follows:

Section 1. Pursuant to section 17.08.040 of the Code of the City of Oroville, approximately 45 acres of land (APN 030-230-098) is hereby rezoned to Single Family Residential (R-1), subject to the City Council’s approval of Tentative Subdivision Map TAM 22-01.

Section 2. This ordinance shall become effective on October 30, 2023, or 30 days after the second reading is approved, whichever comes later.

Section 3. The City Clerk shall attest to the adoption of this ordinance. 506
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PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on _____________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor, David Pittmen
APPROVED AS TO FORM: ATTEST:
______________________________ ___________________________ City Attorney, Scott E Huber City Clerk, Jackie Glover
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1 RESOLUTION NO. 9151

A RESOLUTION OF THE OROVILLE CITY COUNCIL MAKING CERTAIN FINDINGS,

REQUIRING CERTAIN MITIGATION MEASURES, AND ADOPTING A STATEMENT

OF OVERRIDING CONSIDERATIONS FOR THOSE SIGNIFICANT AND

UNAVOIDABLE IMPACTS IDENTIFIED IN THE FEATHER RANCH ENVIRONMENTAL IMPACT REPORT.
.

WHEREAS, an application was filed by MD3 Investments for Tentative Subdivision Map TSM 22-01 to subdivide 45-acre APN 030-230-098 now zoned Airport Business Park –Airport Influence Overlay (ABP--AIO) into 172 single family housing lots zoned Single Family Residential (R1); and
WHEREAS, the property is designated APB- AIO (Airport Influence Overlay) by the Oroville General Plan and Zoning Code, which limits development to a maximum density of 0.1 and 0.2 dwelling units per acre; and
WHEREAS, the proposed project has a density of 3.8 dwelling units per acre, which exceeds the limits in the Butte County Airport Land Use Plan (ALUCP) and Oroville Municipal Code 17.44.050; and
WHEREAS, an initial study was prepared, which identified several potentially significant effects, which triggered an Environmental Impact Report (EIR); and WHEREAS, while the Environmental Impact Report concluded that most effects were less than significant or less than significant with mitigation, the document nevertheless identified three significant and unavoidable effects; and WHEREAS, the city circulated the Draft EIR to the public and affected agencies for the requisite 45-day comment period, three comments were received, and a Final Environmental Impact Report (FEIR) was duly prepared; and WHEREAS, approval of the Tentative Subdivision Map first requires certification of a Final Environmental Impact Report for the project with Findings, a Statement of Overriding Considerations, General Plan Amendment GPA 23-01, Zoning Change ZC 23- 01, Zoning Variance VAR 23-01, and an override by the Oroville City Council of the ALUC’s inconsistency determination; and
WHEREAS, at a duly noticed public hearing, the City Council considered the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the approval of Tentative Subdivision Map TSM 22-01 described herein, and also considered the Planning Commission’s recommendations and the City’s staff report regarding the change.
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2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL as follows:

1. The City Council hereby Adopts the attached Environmental findings, mitigation measures, and Statement of Overriding Considerations:

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on July 18, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 917
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3 CEQA FINDINGS

PROPOSED PROJECT
FEATHER RANCH SUBDIVISION, TO CREATE 172 SINGLE FAMILY HOMES ON APN 030-230-098 INCLUDING MITIGATION MEASURES AND A STATEMENT OF

OVERRIDING CONSIDERATIONS
The City of Oroville (City), serving as the lead agency under the California Environmental Quality Act (CEQA), has prepared a project EIR (EIR) for the proposed Feather Ranch Subdivision, which is provided as part of the project documentation.

The Tentative Subdivision Map would create 172 new market-rate housing units. MD3 Investments has applied to convert 45 acres currently zoned Airport Business Park— Airport Influence Overlay (ABP--AIO) into 172 single family lots Zoned Single-family residential (R-1) and averaging 7,450 square feet in size.

Approval requires a General Plan Amendment, a Zoning Change, a Zoning Code Variance, and an override of the Butte Airport Lan Use Commission’s (ALUC’s) inconsistency determination. Due to the significant and unavoidable environmental effects identified in the Project EIR, CEQA requires the City Council to approve a Statement of Overriding Considerations if it ultimately approves the project.

1. Findings with regard to effects not found to be significant. The EIR discussed several environmental effects that were determined to result in less than significant impacts, and certain other effects that result in less than significant effects after implementation of mitigation measures. Those specific effects are described in Section ES.4 of the FEIR, with the final Summary of Impacts and Mitigation Measures located in the FEIR and the Mitigation Monitoring and Reporting Program (MMRP).

2. Findings with regard to effects found to be significant and unavoidable.

Section 15126.2(c) of the State CEQA Guidelines require that an EIR describe any significant impacts, including those that can be mitigated but not reduced to a less than significant level. Where there are impacts that cannot be alleviated without imposing an alternative design, their implications, and the reasons why the project is being proposed, notwithstanding their effect, should also be described.

A significant and unavoidable impact is one that would cause a substantial adverse effect on the environment and for which no mitigation is available to reduce the impact to a less than significant level. Most of the impacts of the Proposed Project would be less than significant or would be mitigated to a less than significant level. The impacts summarized below are those that would remain significant and unavoidable after mitigation.
a. Impacts HAZ-1 and HAZ-2: The Project would result in a significant and unavoidable safety hazard impact and a cumulatively considerable and significant and unavoidable safety hazard impact for people residing or working in the Project Area because the Project is located within the Airport’s B1 and B2 Compatibility 918
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4 Zones. The only mitigation possible would be to: 1) eliminate the use of the airport; 2) move the Project to a location outside of the B1 and B2 Compatibility Zones; or 3) reduce the project’s density. None of these mitigations are feasible. As such, there is no feasible mitigation possible to mitigate the potential airport safety impacts.

Finding. The city finds that there are no feasible mitigation measures that the city could adopt at this time that would reduce the impacts to less than significant. To the extent that this adverse impact will not be substantially lessened or eliminated, the City finds that specific economic, social, and other benefits identified in the Statement of Overriding Considerations support the approval of the proposed project.

Facts and Reasoning that support the finding:

The property falls within the Airport Land Use Compatibility Plan (ALUCP) compatibility zone B1 and B2, adopted by the ALUC on November 15, 2017. The purpose of this plan is to promote compatibility with the airport and surrounding land uses. Compatibility zone B1 is generally set to encompass the airport’s projected 55 decibel (dB) Community Noise Equivalent Level (CNEL). Compatibility zone B2 encompasses the close-in, low altitude portions of traffic patterns. Much of the neighboring Calle Vista Estates subdivision also falls within these same compatibility zone classifications.

Figure 1 – Airport Compatibility Zone Map with Site
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5 As required by the ALUCP and Section 21676(b) of the Public Utilities Code the project applicant submitted the project to the ALUC for a consistency determination with the ALUCP. The ALUC conducted a hearing on the matter on September 21, 2022, and voted 7-0 -1
1 to find the project inconsistent with the ALUCP based on the project density.

Pursuant to Public Utilities Code Section 21676, the City Council may choose to override the ALUC’s determination of inconsistency by following a two-step process.

The first step is to conduct a public hearing to adopt a resolution of intent to override, a copy of which would be sent to the ALUC and State Division of Aeronautics to provide formal notification of the City’s intent.

The second step in the process is that at least 45-days after notification has been sent to the ALUC and State Division of Aeronautics, the City Council may conduct a second public hearing to consider adopting a resolution to override the ALUC. At this second public hearing the City Council may also consider the project entitlement and take final action on the application.

The following points are important to consider:
 The override must be adopted by two-thirds (2/3) of the City Council.  Specific findings supported by substantial evidence must be adopted finding that the proposed project will not:
o Impair the orderly, planned expansion of the airport. o Adversely affect the utility or capacity of the airport (such as by reducing instrument approach procedure minimums); or
o Expose the public to excessive noise and safety hazards.

Public Utilities Code Section 21678 and the ALUCP statutes states that if the city overrules the ALUC, the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the City’s decision to overrule the ALUC’s compatibility determination or recommendation.

Airport Land use Compatibility Plan Density
Compatibility zone B1 has a maximum density of 0.1 dwelling units per acre and compatibility zone B2 has maximum density of 0.2 dwelling units per acre. The General Plan Amendment to MLDR (Medium Low Density Residential) has an allowable density range of 3 to 6 units per acre and the project is proposing 172 parcels on approximately 45 acres for a project density of 3.82 units per acre. The ALUCP Section 3.4.5 establishes criteria for determining the density of sites split by two or more compatibility zones. The

1 The vote was unanimous with one Commissioner recused himself since he lives very near the project area.
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6 portions of the property that fall within compatibility zone B1 are considered to be a separate site from the portions of the property within compatibility zone B2.

According to the ALUC staff report, approximately 35.82 acres and a proposed 134 dwelling units fall within compatibility zone B1, for a density of 3.74 units per acre.

Approximately 9.15 acres and a proposed 38 dwelling units fall within compatibility zone B2, for a density of 4.15 units per acre. The ALUC consistency review listed five inconsistency findings for the project:

1. The MLDR General Plan Land Use Designation of up to 6 dwelling units (lots) per acre is inconsistent with the B1 maximum density of 0.1 dwelling units per acre and B2 maximum density of 0.2 dwelling units per acre.

2. The R-1 zoning allows up 6 dwelling units (lots) per acre is inconsistent with the B1 maximum density of 0.1 dwelling units per acre and B2 maximum density of 0.2 dwelling units per acre.

3. The project’s proposed density of 3.74 dwelling units per acre is inconsistent with the B1 Compatibility Zone density (0.1 or more dwelling units per acre).

4. The project’s proposed density of 4.15 dwelling units per acre is inconsistent with the B2 Compatibility Zone density (0.2 dwelling units per acre).

5. Most of the parcel (approximately 80%) is in the B1 Compatibility Zone. The B2 Compatibility Zone portion does not have 65% of the project site within B2 Compatibility Zone with equal to, or greater than, the proposed project. The project does not meet the criteria for infill.

The City’s 2030 General Plan Safety Element Goal SAF-5, Policy P5.2 states “Protect the Overflight Zone by limiting residential densities to a maximum of six units per gross acre, with proposals consisting of four units per gross acre or more subject to Airport Land Use Commission (ALUC) review. Schools and other uses resulting in “large concentrations” of people shall be prohibited.” The development proposal complies with the goals and policies of the General Plan for residential densities.

The project site is adjacent to an existing residential development to the east (Calle Vista Estates), which has a General Plan Land Use Designation of MLDR and zoning designation of R-1, identical to what is being proposed for this subdivision. In addition, the Calle Vista subdivision also falls within compatibility zones B1 and B2 and is located within the extended runway centerline zone. The ALUCP states that 30% of the land within the B1 compatibility zone, and 20% of the land within the B2 compatibility zone, should remain as open land. Approximately 240 acres of open undeveloped space is provided in the B1 compatibility zone north of the airport along runways 2-20 and 13-31.

The project site has 35.82 acres within compatibility zone B1 that is proposed for development. Not counting the open space, parkland, and roads proposed for development within the subdivision, approximately 78% of the overall B1 zone would remain as undeveloped open space. Much of that land area is closest to the runways along SR 162.
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7 Approximately 433 acres of land fall within the B2 compatibility zone north of the airport along runways 2-20 and 13-31. The project site has 9.15 acres within compatibility zone B2 that is proposed for development. Not counting open space, parkland, and roads proposed for development within the subdivision, approximately 70% of the overall B2 zone would remain as undeveloped open space.

Since the neighboring Calle Vista Estates subdivision was approved in 2005/2006, the ALUC adopted a new ALUCP in 2017 which significantly increased the footprint of the B1 and B2 compatibility zones to now include the Calle Vista Subdivision. However, no corresponding increases to airport operations have occurred and air traffic is still below projected figures.

Aircraft Operations2 at the Airport:

The City’s Airport Master Plan prepared in 1990 showed about 55,000 annual aircraft operations in 1988 and projected a steady increase in operations from 61,050 in 1989 to 72,200 in 2010. Many of the historic aircraft operations were a result of the Louisiana Pacific Company Fleet, which is no longer operating in Oroville. As such, an increase in operations has not occurred as projected, and recent data in fact shows significantly fewer actual operations. In January 2016, the airport reported approximately 36,500 annual operations, a decrease from historic levels. According to AirNav, aircraft operations averaged 99/day for a 12-month period ending November 30, 2021. This is the same as reported in 20163.

Oroville Airport is fortunate to have very recent 2022 Annual flight data, collected by sensors/cameras at the airport. This information does not include all flights, only those who activate their transponders. However, a 2019 study estimated that 44 percent of pilots nationwide do not yet have the mandatory transponders installed in their planes4.

The following table uses the 2022 data to estimate the number of aircraft likely to fly over the new subdivision and/or the existing Calle Vista subdivision.

2 An operation is either a takeoff or landing. For instance, if a pilot performs a “touch and go”, that counts as two operations.
3 AirNav uses data provided by airports, which in Oroville had not been updated since 2016. Since there is an expense involved in gathering actual flight data, it is common for small general aviation airports to have older data which tends to over-report actual operations. 4 https://generalaviationnews.com/2019/09/19/only-44-of-ga-aircraft-equipped-with-ads-b/ 922
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8 It should be noted that during emergency conditions, such as fires, evacuations, and other crises, airport operations increase significantly for selected periods of time. This was true during the fires in 2018 and after when the airport was actively used as a helicopter staging area for emergency operations.

Flight pattern on Runway 2-20: As the above data show, most flights to and from Runway 2-20 occur to the South, with only 7%, or no more than ~614 per year on Runway 2. Only some of these are straight out departures or straight in approaches over the proposed Feather Ranch Subdivision and the existing Calle Vista Subdivision. At a Cessna 172’s climb rate of 721 feet per minute, any departing small single engine plane under average temperature and wind conditions would be about 400 feet above ground by the time it reached the first house5. Furthermore, any pilot who encounters engine trouble or other adverse conditions should have ample time to veer leftward to avoid flying over either subdivision.

The Airport Master Plan also identified improvements – since completed -- to extend the south end of runway 2-20 to allow southerly departures to “be over City-owned property or the publicly owned Afterbay property, with aircraft approaching from the north higher

5 https://aviation.stackexchange.com/questions/43394/is-it-possible-to-calculate-the-distance-to-climb-to1000-ft-in-cessna-172s Date range 1-1-22 thru 12-30/22
Number of operations counted in cy 2022 4,665 tansponder flights Aircraft type single prop 3,782 81.1%
multi prop 404 8.7%
jet 70 1.5%
helicopter 386 8.3%
UAV 2 0.0%
unknown 21 0.5%
4,665 100.0%
arrivals departures
Runway 2 going north @ 6020' 343 7.4% 239 104
20 going south @ 6020' 1,151 24.7% 553 598
13 going north@ 3540' 918 19.7% 554 364
31 going south @ 3540' 629 13.5% 385 244
subtotal 3,041 65.2%
unspecified 1,624 34.8% 563 1,061
4,665 100% 49% 51%
add 44% non-transponder flights 2,053 single engine, older planes, pioneers Estimated Total operations per year 6,718 estimated annual operations at KOVE Max annual flights
northbound over Feather
Ranch 614
Estimated flights straight out 307 50% or less
max flights per day over subdivisions 2 arrivals and departures OROVILLE AIRPORT OPERATIONS IN 2022
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9 above private property north of State Route 162,” which will minimize constraints to development of the land to the north.

Prevailing winds are from the SSE, which is another reason most flights land and take off southward, into the wind.6
Aircraft Accident Occurrence:

The Caltrans Airport Land Use Planning Handbook, which was created by the State of California, Department of Transportation, Division of Aeronautics to serve as the primary tool for use by ALUC’s for airport and use planning indicates that accidents in which aircraft are under control are bunched relatively close to the runway ends—mostly within about 3,000 feet—both for arrivals and departures. Aircraft overflight of the site for both approaching or departing the airport will likely result from air traffic coming from Runway 2-20. The project site is located more than 4,000 feet from the nearest point of the airport runway. The areas within these 3,000 feet proximity to the north of the airport are largely undeveloped lands zoned ABP closest to SR162, and to the south of the airport is perpetual open space provided by the Thermalito Afterbay and Oroville Wildlife Refuge.

The RNAV7for the airport lists a restriction not authorizing circling northeast of Runway 13-318. In addition, takeoff minimums and departing procedures for the airport require air traffic to turn away from the more developed areas northeast of the airport with climbing left turns from Runways 2 and 31 and climbing right turns from Runways 13 and 20.

Aircraft Noise
While noise was not found to be inconsistent with the ALUCP, the city’s General Plan, zoning code, and the ALUCP establish regulations and criteria for noise within compatibility zones that is relevant to this project. As previously mentioned, within compatibility zone B1, the airport’s projected Community Noise Equivalent Level (CNEL) is 55 decibels (dBA). This CNEL system evaluates the degree to which lands around the airport are exposed to airport-related noise depicted by a set of contours. Generally, the maximum CNEL normally acceptable for residential uses in the vicinity of an airport is 60 dBA.

New structures located within compatibility zones B1 and B2 are required to incorporate sound attenuation design features sufficient to meet the interior noise level criteria of no greater than CNEL 45 dBA. As depicted in Figure 6-4 of the ALCUP, the subject property falls just outside of the 55 dBA CNEL contour based on 72,000 future annual aircraft operations. In addition, because the subject property falls within compatibility zones B1 and B2, all dwelling units constructed will be required to be designed to provide an interior ambient noise level that does not exceed 45 dBA. City Code Section 17.44.050 requires a minimum interior ambient noise level reduction of 20 dBA (ex. 65 dB exterior – 20 dB sound attenuation = 45 dB interior ambient noise level). Furthermore, OMC 17.44.050 requires a deed notice of airport proximity and the potential for aircraft overflights and noise for each property.

6 Oroville Airport Airport Layout Plan Sheet 3 of 9 dated April 16, 2013. 7 http://www.airnav.com/airport/kove and https://aeronav.faa.gov/d-tpp/2305/SW2TO.PDF 8 To turn right (northeast) from that runway is in direct conflict with the established traffic pattern. 924
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10 ALUC Override Conclusion
The project is consistent with the ALUCP for noise and for height restrictions, but not density. Because most aircraft accidents occur on landing and takeoff and relatively few during climbing or descent9, and because pilots are advised in Oroville’s AirNav posting to veer left away from housing north of the airport, staff do not consider the risk of aircraft accidents over either the existing or proposed subdivisions to be considerable enough to warrant denial of the project. Additionally, noise attenuation for homes to an internal noise level of 45dBa will be a project condition.

Given the analysis above, the project does not appear to impair the orderly, planned expansion of the airport, adversely affect the utility or capacity of the airport (such as by reducing instrument approach procedure minimums), or expose the public to excessive noise and safety hazards based on the aforementioned information and the proposed conditions of approval on the project.

9 https://www.cliffordlaw.com/aviation-accidents-and-incidents/ Figure 2 – Airport CNEL dB Contour Lines
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11 b. Impacts NOI-1 and NOI-4: The Project would result in a significant and unavoidable safety hazard impact and a cumulatively considerable and significant and unavoidable traffic noise impact. The roadway segment of 20th Street between Biggs Avenue and Feather Avenue would experience an increase of more than 5.0 dBA CNEL over existing conditions, which is beyond the City of Oroville noise standard. Similarly, the segment of Feather Avenue east of 20th Street would also experience an increase of more than 5.0dBA CNEL over existing conditions. There is no feasible mitigation available to reduce these impacts to less than significant. Lead agencies have limited remedies at their disposal to effectively reduce traffic related noise. Addressing traffic noise at the receiver rather than the source usually takes the form of noise barriers (i.e., sound walls). While constructing noise barriers along streets would reduce noise, the placement of sound walls between existing residences/businesses and local roadways would not be desirable as it would conflict with the community’s aesthetic, design and character and is therefore deemed infeasible. Furthermore, such barriers would likely require property owner approval, which cannot be ensured. While measures such as encouraging ridesharing, carpooling, and alternative modes of transportation could reduce vehicle volumes, such measures can neither be mandated of residents nor have been shown to reduce vehicle trips to the extent needed to reduce vehicle noise levels below established thresholds. Therefore, no feasible mitigation measures exist to reduce the identified significant impact.

Finding. The city finds that there are no feasible mitigation measures that the city could adopt at this time that would reduce the impacts to less than significant. To the extent that this adverse impact till not be substantially lessened or eliminated, the City finds that specific economic, social, and other benefits identified in the Statement of Overriding Considerations support the approval of the proposed project.

Facts and Reasoning that support the finding: The noise generated by traffic from the project’s operations will increase ambient noise levels by more than 5 decibels in two segments of 20th Street and one of Feather Avenue10. This is a technical violation of Oroville’s CEQA significance threshold. The ambient decibel level in these locations after the project is built will remain at or below 48 decibels. In spite of the technical threshold exceedance, these locations will continue as they are, an area of “Quiet Urban Daytime”
11 .
c. Impacts TR-2 and TR-3: The Project would also result in a significant and unavoidable impact related to VMT Vehicle Miles Traveled). The project would be expected to generate VMT at 140 to 145 percent of the baseline City of

10 Page 3.9-21 of the DEIR
11 Page 3.9-2 of the DEIR.
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12 Oroville average. Mitigating VMT to a level which would be less than 85 percent of the baseline level would require a reduction of approximately 40 percent from pre-mitigation levels (1–[0.85÷1.45]=0.414). While the mitigation measures available to Oroville would reduce the impact of the Project on VMT, implementation of measures needed to achieve a 40 percent reduction is not considered feasible. As a result, even with implementation of mitigation measuresTR-1 through TR-4, the impact of the Feather Ranch Project on VMT is considered to be significant and unavoidable.

Finding. The City finds that there are no feasible mitigation measures that the City could adopt at this time that would reduce the impacts to less than significant. To the extent that this adverse impact till not be substantially lessened or eliminated, the City finds that specific economic, social, and other benefits identified in the Statement of Overriding Considerations support the approval of the proposed project.

Facts and Reasoning that support the finding: The project would generate 120 trips distributed among 20th, 18th, Feather, and Biggs during the A.M peak hour, and 162 trips during the P.M. peak hour. This equates 26.7 home-based trips per resident, or 140 percent of the current Oroville baseline average of 19.1 trips per resident. Since this trip generation exceeds the state mandated CEQA significance threshold of 85% of baseline (or 16.2 trips per resident), the impact is significant by definition.

Meeting the CEQA threshold is potentially possible in an urban setting with plenty of transit, bicycle, and walking options available as project mitigation. However, Oroville is in a rural setting. Neither the project proponent nor the city can reasonably mitigate this impact with enough transit, bike, and walking paths in this rural location. This is confirmed by the Butte County Association of Governments’ April 2021 study entitled “BCAG SB 743 Implementation—Mitigation Strategies— Assessing Feasibility”.
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13 OVERRIDING CONSIDERATIONS
Pursuant to Section 21081 of the California Public Resources Code and Section 15093 of the CEQA Guidelines, the City of Oroville adopts and makes the following statement of overriding considerations regarding the remaining significant unavoidable impacts of the project, as discussed above, and the anticipated economic, social, and other benefits of the project.

The City of Oroville finds and determines that (1) the majority of the significant impacts of the project will be reduced to acceptable levels by implementation of the mitigation measures recommended in these findings; (2) The City of Oroville’s approval of the project as proposed will result in certain significant adverse environmental effects that cannot be avoided or reduced to a less-than-significant level even with the incorporation of all feasible mitigation measures into the project; and (3) there are no other feasible mitigation measures or feasible project alternatives that will further mitigate, avoid, or reduce to a less-than-significant level the remaining significant environmental effects.

In light of the environmental, social, economic, and other considerations identified in the findings for the project, and the considerations set forth below related to this project, City of Oroville chooses to approve the project because, in its view, the economic, social, technological, and other benefits resulting from the project substantially outweigh the project’s significant and unavoidable adverse environmental effects.

The following statements identify the reasons why, in City of Oroville’s judgment, the benefits of the project outweigh the significant and unavoidable effects. The substantial evidence supporting the enumerated benefits of the project can be found in the preceding findings, which are herein incorporated by reference; in the project itself; and in the record of proceedings as defined above. Each of the overriding considerations set forth below constitutes a separate and independent ground for finding that the benefits of the project outweigh its significant adverse environmental effects and is an overriding consideration warranting approval.

The City of Oroville finds that the project, as conditionally approved, will have the following economic, social, technological, and environmental benefits:
 The project would provide 172 market-rate housing units to serve the needs of households seeking housing that is of significantly limited availability in this medium low density housing category. The Oroville Housing Element, certified in April 2023, indicates the need for 450 housing units to serve moderate and above-moderate income levels. This project will provide a significant portion of that need.  The Project will create short-term construction jobs that would provide income to local residents. The additional 400 permanent residents generated by the project will 928
Item 27.
14 spur an increase in demand for goods and services in the surrounding area, thereby expanding the local revenue base, and expanding the local labor force.  The Project will result in additional paving of a number of designated city streets in the vicinity, including 20th, Biggs, and Feather Avenue. In addition, 20th street at SR 162 will be improved with a right turn lane, improving traffic circulation in the area.  The Project would adopt energy conservation strategies in new development that would result in new development being more efficient than existing buildings in the region.
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Item 27.
1 RESOLUTION NO. 9152

A RESOLUTION OF THE OROVILLE CITY COUNCIL TO NOTIFY THE BUTTE

COUNTY AIRPORT LAND USE COMMISSION AND THE STATE DIVISION OF AERONAUTICS OF THE CITY’S INTENTION TO FIND THAT THE PROPOSED

FEATHER RANCH SUBDIVISION IS CONSISTENT WITH THE PURPOSES OF THE

STATE AERONAUTICS ACT AND TO OVERRULE THE BUTTE COUNTY AIRPORT LAND USE COMMISSION’S INCONSISTENCY DETERMINATION FOR OROVILLE AIRPORT.

WHEREAS, an application was filed by MD3 Investments for Tentative Subdivision Map TSM 22-01 to convert 45-acre APN 030-230-098 now zoned Airport Business Park (ABP) into 172 single family housing lots zoned Single Family Residential (R1); and WHEREAS, the property is designated APB--AIO (Airport Business Park -- Airport Influence Overlay) by the Oroville General Plan and Zoning Code, which limits development to a maximum density of 0.1 and 0.2 dwelling units per acre; and WHEREAS, the proposed project has a density of 3.8 dwelling units per acre, which exceeds the limits in the Butte County Airport Land Use Plan (ALUCP); and WHEREAS, Oroville’s Zoning Code Section 17.44.050 and California Public Utilities Code Section 21676(b) require the city to refer the Project to the Butte County Airport Land Use Commission (ALUC) for a determination of the project’s consistency with the ALUCP; and
WHEREAS, on September 21, 2022, the Butte County Airport Land Use Commission determined that the proposed project would be inconsistent with the ALUCP on the basis of density; and
WHEREAS, the City Council may, after a public hearing, propose to override the ALUC’s determination by a two-thirds vote of the City Council if it makes specific findings that the project is consistent with California Public Utilities Code Section 20167 for the purpose of protecting public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses; and WHEREAS, approval of the Tentative Subdivision Map first requires certification of a Final Environmental Impact Report for the project with Findings and a Statement of Overriding Considerations, General Plan Amendment GPA 23-01, Zoning Change ZC 23- 01, Zoning Variance VAR 23-01, and an override by the Oroville City Council of the ALUC’s inconsistency determination; and
WHEREAS, at a duly noticed public hearing, the City Council considered the comments and concerns of public agencies, property owners, and members of the public 930
Item 27.
2 who are potentially affected by the approval of Tentative Subdivision Map TSM 22-01 described herein, and also considered the Planning Commission’s recommendations and the City’s staff report regarding the change.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL as follows:

1. The City Council:
a. Has conducted a two-thirds vote and has determined to Override the ALUC’s September 21, 2022 inconsistency determination.
b. Directs staff to notify the Butte County ALUC and California Division of Aeronautics of the Council’s intent to override the ALUC’s inconstancy determination.
c. Will again consider overriding the ALUC’s inconsistency determination after the required 45-day waiting period for comments from the ALUC and Division of Aeronautics, and.
d. May also, if the Council overrides, approve GPA 23-01, ZC 23-01, and TSM 22-01.

FINDINGS
For an override of an inconsistency determination by the ALUC, specific findings supported by substantial evidence must be adopted finding that the proposed project will not:
 Impair the orderly, planned expansion of the airport, The new homes and their distance at over 4,000 feet from the end of Runway 2 will not impair the orderly, planned expansion of the airport, all of which will occur on airport property and South of SR 162. The ABP zoning of the lands north of SR162 and closer to the airport than this subdivision are already anticipated for future industrial development in the General Plan, and are thus assumed to also not affect any future airport expansion plans. The remaining vacant land areas will all be developed with densities consistent with the ALUCP.  Adversely affect the utility or capacity of the airport (such as by reducing instrument approach procedure minimums) or affecting flight patterns.

Due to the distance from Runway 2, flight patterns, aircraft operational safety, or instrument approach procedures will not be significantly affected. The subdivision is at the outer edge of the left traffic pattern for planes landing or taking off, so most of the estimated 780 flights per year in that area will turn left before reaching any homes and will not likely fly over either subdivision. Planes taking off to the north are advised in AIRNAV to veer left away from existing development, which is not a difficult maneuver. In addition, any plane flying straight north will likely be at least 400 feet above ground level by the time it reaches either the existing Calle Vista or proposed Feather Ranch subdivisions.  Expose the public to excessive noise and safety hazards. 931
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3 Regarding exposing the public to excessive noise and safety hazards, first, because of the distance from Runway 2, the project is outside the airport’s 55 decibel noise contour. Second, all new residential structures will be conditioned to be constructed to limit interior noise levels to a maximum of 45 decibels.

Finally, all new homeowners will be required to acknowledge they are buying property within 2 miles of an airport, and to sign an avigation easement or other appropriate instrument authorizing plane flights over their properties. The safety hazard from aircraft accidents is always present but is not considered excessive due to the distance of the proposed project from the Airport property and Runway 2.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on July 18, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 932
Item 27.
1 RESOLUTION NO. 9153

A RESOLUTION OF THE OROVILLE CITY COUNCIL APPROVING GENERAL PLAN AMENDMENT GPA 23-01 AND TENTATIVE SUBDIVISION MAP TSM 22-01 FOR THE

PROPOSED FEATHER RANCH SUBDIVISION AND MAKING CERTAIN FINDINGS TO THAT EFFECT.

WHEREAS, the City has received an application from MD3 Investments (Subdivider) to subdivide portions of a 45-acre parcel identified as APN 030-230-098 (Property) into 172 lots for single-family homes; and
WHEREAS, the proposed map will create a 0.95-acre Lot A for purposes of passive recreation with pedestrian pathways and wetland feature conservation, and will also create a meandering bicycle/pedestrian pathway along Gentle Rain Lane; and WHEREAS, the design of the proposed subdivision is illustrated on the tentative subdivision map received by the City on August 8, 2022, which map has been assigned the file number TSM 22-01, and a copy of which is attached to this resolution as Exhibit “A”; and
WHEREAS, the Property is designated by Oroville’s General Plan Diagram as Airport Business Park and the Zoning Map designation of this area is similarly Airport Business Park- Airport Influence Overlay; and
WHEREAS, the Subdivider has also applied for a General Plan Amendment to amend the General Plan Land Use Designation from Airport Business Park to Medium Low Density Residential (MLDR) and a Zoning Change to change the zoning designation from Airport Business Park to Single-Family Residential (R-1) to allow residential development at a density not less than three and not more than six homes per acre; and WHEREAS, the Subdivider is proposing 172 lots on 45 acres for a resulting density of 3.8 units per acre and an average lot size of 7,400 square feet; and WHEREAS, Tentative Subdivision Map TSM 22-01 has been reviewed by the City Engineer, who has provided a set of conditions to meet prior to final map approval; and WHEREAS, the City Council may, after a public hearing, proposed to override the ALUC’s determination by a two-thirds vote of the City Council if it makes specific findings that the project is consistent with California Public Utilities Code Section 20167 for the purpose of protecting public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses; and 933
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2 WHEREAS, approval of the Tentative Subdivision Map first requires certification of a Final Environmental Impact Report for the project with Findings and a Statement of Overriding Considerations, General Plan Amendment GPA 23-01, Zoning Change ZC 23- 01, Zoning Variance VAR 23-01, and an override by the Oroville City Council of the ALUC’s inconsistency determination; and
WHEREAS, at a duly noticed public hearing, the City Council has considered the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the approval of Tentative Subdivision Map TSM 22-01 described herein, and also considered the Planning Commission’s recommendations and the City’s staff report regarding the change.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL as follows:

1. The City Council hereby approves General Plan Amendment GPA 23-01 and Tentative Parcel Map TSM 22-01, subject to a final two-thirds vote to override the ALUC’s inconsistency determination.

FINDINGS
Required Findings for the Tentative Subdivision Map:

Pursuant to OMC Section 16.12.020(D), the City Engineer has reviewed TSM 22-01 and has deemed the map complete. The required Engineer’s Report is attached.

Per OMC Section 16.12.020(F), the Planning Commission shall disapprove a tentative map if it determines that any of the following conditions apply:

1. The proposed subdivision is inconsistent with the general plan or applicable specific plans.

Assuming GPA 23-01 and ZC 23-01 are approved by the City Council, the subdivision will be consistent with the General Plan. There are no applicable specific plans encompassing this parcel.

2. The site is not physically suitable for the proposed density or type of development, or for the physical infrastructure required to support that development.

The site is immediately adjacent to a similar single-family residential development. The current land use designation and zoning of ABP anticipates higher intensity and density for manufacturing, processing, office, or other industrial uses. Infrastructure is available and adequately serving the similar residential development nearby and this project will be required to expand and/or improve the existing infrastructure to adequately serve the project.

3. The design of the land division or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
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3 Pursuant to CEQA, an EIR was prepared for the project. The EIR confirms that there are three significant and unavoidable effects, including inconsistency with the Butte County Airport Land Use Compatibility Plan, added traffic noise, and greenhouse gas effects from vehicle miles traveled. These impacts primarily relate to the human environment and not the natural environment. None of the project’s other effects will cause environmental damage to fish or wildlife or their habitat, being either not significant or mitigated to insignificance.

4. The design of the subdivision or the type of improvement is likely to cause serious public health problems.

The subdivision was designed in accordance with Oroville Municipal Code requirements and consultation of the Oroville Design Guidelines for site design to preserve view sheds and natural features, provide development with outdoor activity options, and connectivity to surrounding neighborhoods. The design of the subdivision is similar to neighboring development that has not been shown to cause public health problems. The three significant impacts in the EIR are not likely to cause serious public health problems. The development in the Airport overflight zone is about 4,000 feet from Runway 2 and the development would be less dense than is allowed under the current zoning. The traffic noise impact is technically significant and still generally in the “quiet urban daytime” range below 65 dBA. The State-mandated VMT impacts are not mitigatable in this rural environment, but denying the project on urban VMT greenhouse gas emissions thresholds is not reasonable. The project-generated emissions would not be concentrated enough to cause serious public health problems.

5. A preliminary soils report or geological hazard report indicates adverse soil or geological conditions, and the subdivider has failed to demonstrate to the satisfaction of the city engineer and planning commission that the conditions can be corrected.

The site has been shown to be safe to develop in the site’s soil types, and the City Engineer is satisfied with the findings of said report.

6. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. However, the planning commission may approve an application 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. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction.

There are no conflicting public easements. The subdivision will create new public and utility easements and improve to city standards three existing roadways (20th Street, Feather Ave and Biggs Ave) along the length of the project site.

7. The proposed subdivision violates the provisions of this Chapter and no exception has been granted.

The Engineer’s Report confirms that the proposed subdivision does not violate the provisions of this chapter and no exception has been granted. 935
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4 8. The proposed subdivision violates any provision of the zoning code and no variance has been granted.

Should the City Council approve GPA 23-01 and ZC 23-01 and the Planning Commission approve proposed variance VAR 23-01, the proposed subdivision will not violate any provisions of Oroville Municipal Code 17.44.050 for density and open land requirements.

9. The proposed subdivision would violate any other city ordinance or any city code provision.

The proposed subdivision will not violate any other city ordinance or city code provision. Should the City Council adopt the override of the ALUCP determination and the variance, the proposed subdivision will comply with all applicable regulations and codes.

10.The discharge of waste from the proposed subdivision into a community sewer system would result in violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code).

The Thermalito Sewer and Water (TWSD) Agency, which serves water and collects sewer discharges, is not operating under any corrective action or compliance orders.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on July 18, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 936
Item 27.
1 CITY OF OROVILLE
ORDINANCE NO. 1873

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE APPROVING ZONING CHANGE ZC 23-01 TO REZONE ONE PARCEL OF APPROXIMATELY 45 ACRES OF LAND (APN 030-230-098) FROM AIRPORT BUSINESS PARK- AIRPORT INFLUENCE OVERLAY (APB- AIO) TO SINGLE FAMILY RESIDENTIAL (R-1) ONCE TENTATIVE MAP TSM 22-01 FOR THE PROPOSED FEATHER RANCH SUBDIVISION IS APPROVED.

WHEREAS, the City of Oroville has determined that parcel APN 030-230-098 is currently zoned ABP-AIO in the 2015 adopted General Plan; and WHEREAS, the city has determined that the parcels can be converted to residential purposes; and
WHEREAS, there is an existing adjacent subdivision called Calle Vista with very similar features; and
WHEREAS, the city is keenly interested in developing market rate housing to help meet its RHNA (Regional Housing Needs Allocation), which the city sorely needs; and WHEREAS, MD3 Investments has proposed a 172-unit market rate subdivision with lots averaging 7,450 square feet in size at this location; and WHEREAS, the applicant has also proposed general plan amendment GPA 23- 01, Zone Change ZC 23-01, an override of the Airport Land Use Commission’s determination of inconsistency with the Butte County Airport Land Use Compatibility Plan, and Variance VAR 23-01, which are prerequisites to approving Tentative Subdivision Map TSM 22-01 to allow this developer to create the proposed housing; and WHEREAS, at a duly noticed public hearing, the City Council considered the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the changes described herein, and also considered the Planning Commission’s recommendations and the City’s staff report regarding the change.

The Council of the City of Oroville do ordain as follows:

Section 2. This ordinance shall become effective on October 30, 2023, or 30 days after the second reading is approved, whichever comes later. 937
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2 Section 3. The City Clerk shall attest to the adoption of this ordinance.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on August 1, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor, David Pittman
APPROVED AS TO FORM: ATTEST:
______________________________ ___________________________ City Attorney, Scott E Huber City Clerk, Jackie Glover
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Oroville City CouncilJuly 18, 2023

Oroville City Council
July 18, 2023