Oroville City Council
September 19, 2023

September 19, 2023~4:00 PM Oroville City Council Meeting Agenda Page 1 of 6

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
September 19, 2023

REGULAR MEETING
CLOSED SESSION 4:00 PM
OPEN SESSION 4:30 PM
AGENDA

PUBLIC ACCESS AND PARTICIPATION
Please review the options below for ways to participate or observe the Council Meetings.

To Observe the Meeting:

1. Live Feed: https://www.youtube.com/channel/UCAoRW34swYl85UBfYqT7IbQ/

2. Zoom Link: https://zoom.us/j/96870319529?pwd=dW9kMGRZSFo5MFFNQk5wVDUzRkRrZz09

3. Zoom Application: Meeting ID: 968 7031 9529 Passcode: 67684553

4. By Phone: Telephone: 1-669-900-6833 Meeting ID: 968 7031 9529 Passcode: 67684553 To Provide Comment to the Council:

1. Attend the meeting in person

2. Send an Email by 2:00 PM the day of the meeting to [email protected]. All comments emailed will be provided to the Council Members for their consideration.

If you would like to address the Council at this meeting, you are requested to complete the blue speaker request form (located on the wall by the agendas) and hand it to the City Clerk, who is seated on the right of the Council Chamber. The form assists the Clerk with minute taking and assists the Mayor or presiding chair in conducting an orderly meeting. Providing personal information on the form is voluntary. For scheduled agenda items, please submit the form prior to the conclusion of the staff presentation for that item. Council has established time limitations of three (3) minutes per speaker on all items and an overall time limit of thirty minutes for non-agenda items.

If more than 10 speaker cards are submitted for an item, the time limitation would be reduced to one and a half (1.5) minutes per speaker for that item. If more than 15 speaker cards are submitted for non-agenda items, the first 15 speakers will be randomly selected to speak at the beginning of the meeting, with the remaining speakers given an opportunity at the end. (California Government Code §54954.3(b)).

Pursuant to Government Code Section 54954.2, the Council is prohibited from taking action except for a brief response from the Council or staff to statements or questions relating to a non-agenda item.

CALL TO ORDER / ROLL CALL
Council Members: Tracy Johnstone, Krysi Riggs, Scott Thomson, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, Mayor David Pittman

CLOSED SESSION
The Council will hold a Closed Session on the following:

1. Pursuant to Government Code section 54956.9(d)(2), the Council will meet with the City Administrator and City Attorney regarding potential exposure to litigation – One case. 1 September 19, 2023~4:00 PM Oroville City Council Meeting Agenda Page 2 of 6

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. None at this time.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
This is the time to address the Council about any item not listed on the agenda. If you wish to address the Council on an item listed on the agenda, please follow the directions listed above.

REPORTS / DISCUSSIONS

1. Council Announcements and Reports

2. Administration Reports

CONSENT CALENDAR
Consent calendar items 1 – 9 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.

1. Approval of the September 5, 2023 Oroville City Council Meeting Minutes The Council may approve the Minutes of September 5, 2023.

ACTION REQUESTED - APPROVE THE MINUTES OF SEPTEMBER 5, 2023.

2. Contract Amendment with Avenu Muniservices, LLC Extending Term by Three Years The Council may consider the approval of a contract extension amendment with Avenu MuniServices, LLC for continuing Sales and Use Tax Audit Services, Sales and Use Tax Analysis & Reporting Services (STARS), Utility Users Tax Compliance and Revenue Protection Program, and Solid Waste Hauler Franchise Fee Compliance Program Services.

ACTION REQUESTED - APPROVE THE CONTRACT AMENDMENT WITH AVENU MUNISERVICES, LLC, EXTENDING THE CONTRACT THROUGH OCTOBER 13, 2026.

3. Lease Software Purchase
The Council may consider the purchase of lease software necessary to comply with new mandatory Governmental Accounting Standards Board (GASB) 87 and 96 related to new lease reporting requirements.

ACTION REQUESTED - STAFF IS RECOMMENDING THE APPROVAL OF THE PURCHASE OF LEASE SOFTWARE FROM LEASEQUERY, FOR A TERM OF THREE YEARS. 2 September 19, 2023~4:00 PM Oroville City Council Meeting Agenda Page 3 of 6

4. Fee Waiver Request by the Oroville Hmong New Year Festival Committee The Council may consider a fee waiver request from the Oroville Hmong New Year Festival Committee, in the amount of $6,415.00 for Police Services relating to the 2023 Oroville Hmong New Year Festival, to be held October 14th and 15th, 2023 at the Nelson Avenue Sports Complex.

ACTION REQUESTED - WAIVE 65% OF THE FEES, IN THE AMOUNT OF $5,876.00, AND HAVE THE APPLICANT PAY THE REMAINDER OF THE FEES, IN THE AMOUNT OF $3,164, FOR THE 2023 OROVILLE HMONG NEW YEAR FESTIVAL.

5. Capital Projects Task Order 3; Rolls, Anderson & Rolls The Council may direct staff regarding the issuing of Task Order 3 for the design of three (3) capital improvement projects.

ACTION REQUESTED - STAFF RECOMMENDS THE COUNCIL DIRECT THE CITY

ADMINISTRATOR TO PROCEED WITH THE TASK ORDER DISCUSSED ABOVE WITH ROLLS, ANDERSON & ROLLS CIVIL ENGINEERS.

6. Memorandum of Understanding with Oroville City Elementary School District for School Resource Officer
The Council may consider a Memorandum of Understanding with the Oroville City Elementary School District for a School Resource Officer (SRO).

ACTION REQUESTED - ADOPT RESOLUTION NO. 9183 - A RESOLUTION OF THE

OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A

MEMORANDUM OF UNDERSTANDING WITH THE OROVILLE CITY ELEMENTARY SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER SERVICES FOR 2023/2024, 2024/2025, 2025/2026, 2026/2027, AND 2027/2028 SCHOOL YEARS– (Agreement No. 3254- 3).

7. Second Amendment to Agreement No. 3387 for Professional Services with NorthStar Engineering
The Council may consider a second amendment to an existing Agreement for Professional Services Contract with NorthStar Engineering No.3387 (“NorthStar”). The amendment would authorize adding City Engineer services to the original agreement.

ACTION REQUESTED - STAFF RECOMMENDS THE CITY DIRECT THE CITY ADMINISTRATOR TO APPROVE AMENDMENT #2.

8. Professional Services Agreement with Evie Feldman, Better Homes and Gardens Real Estate, for Real Estate Broker Services
The Council may consider a Professional Services Agreement with Evie Feldman, Better Homes and Gardens Real Estate, for Real Estate Broker Services with a term of September 19, 2023 through September 30, 2025.

ACTION REQUESTED - ADOPT RESOLUTION NO. 9184 – A RESOLUTION OF OROVILLE

CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH EVIE FELDMAN OF BETTER HOMES AND

GARDENS REAL ESTATE FOR REAL ESTATE BROKER SERVICES FOR A PERIOD OF TWO YEARS.
3 September 19, 2023~4:00 PM Oroville City Council Meeting Agenda Page 4 of 6

9. FAA Flight Check of Precision Approach Path Indicator (PAPI) System for Runways 13/31 and 02/20 Following Replacement to Verify Calibration
The Council is requested to approve an estimated expenditure not to exceed $28,274.00 to the FAA to provide a reconfiguration flight inspection of the Precision Approach Path Indicator (PAPI) system on runways 13/31 and 02/20 at Oroville Municipal Airport.

ACTION REQUESTED - APPROVE ESTIMATED EXPENDITURE OF $28,274.00 FOR RECONFIGURATION FLIGHT CHECK BY FAA FOR PAPI VERIFICATION.

REGULAR BUSINESS

10. Paving Project Update
Staff will present an update to the Council regarding numerous important road projects that are currently in progress and set to begin construction in the fiscal years 2023/24 and 2024/25 for the City.

ACTION REQUESTED -
1) PROVIDE INPUT ON THE OVERALL PLANS FOR FY 2023/24 AND FY 2024/25; 2) PROVIDE DIRECTION ON WASHINGTON AVENUE; AND
3) PROVIDE DIRECTION ON LINDEN AVE.

11. Caltrans Hwy 162 Update
Caltrans will provide the Council on an update on the State Route (SR) 162 pavement rehabilitation program that is slated to begin construction in 2025. This project will provide new asphalt on SR 162 from Feather River Bridge to Foothill Boulevard. The scope of work for this project include: rehabilitation of roadway pavement, conform driveway connections, standardize American with Disabilities Act (ADA) features, provide continuous pedestrian routes, upgrade nonstandard mounted road signs, rehabilitate drainage systems, improved street lighting, upgrade traffic signals and upgrade traffic control systems.

ACTION REQUESTED - ACCEPT FOR INFORMATION.

PUBLIC HEARINGS
The Public Hearing Procedure is as follows:
- Mayor or Chairperson opens the public hearing and staff will present the item and answer Council questions.
- The hearing is opened for public comment limited to three (3) minutes per speaker. In the event of more than ten (10) speakers, time will be limited to one and a half (1.5) minutes.

Under Government Code 54954.3, the time for each presentation may be limited. - Speakers are requested to provide a speaker card to the City Clerk - Public comment session is closed and then the Council will debate and take action - Those wishing to speak at the public hearings below, but unable to attend before 5pm, may request that the council consider holding the public hearing after 5pm by emailing [email protected] or calling 530-538-2535. Please submit request 24 hours before the meeting.
4 September 19, 2023~4:00 PM Oroville City Council Meeting Agenda Page 5 of 6 - Individuals may email comments for council consideration to [email protected]

12. Feather Ranch Subdivision, Including an Overrule of the Butte County Airport Land Use Commission’s Inconsistency Determination, and the Second Reading of Ordinance 1873 to Rezone 45-acre APN: 030-230-098 to 172 Parcels Zoned R-1 (Single Family Residential) The City Council shall conduct a public hearing to consider an override of the Airport Land Use Commission inconsistency determination for a proposed 172-unit market rate single family subdivision at APN 030-230-098 off 20th Street between Feather Avenue and Biggs Avenue, and to rezone the land to R-1 (Single Family residential).

ACTION REQUESTED -
1) CONDUCT A PUBLIC HEARING ON THE PROPOSED PROJECT.
2) ADOPT RESOLUTION NO. XXXX – A RESOLUTION OF THE OROVILLE CITY COUNCIL

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.
3) WAIVE SECOND READING AND ADOPT ORDINANCE 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 172 SINGLE FAMILY RESIDENTIAL (R-1) LOTS.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
This is the time to address the Council about any item not listed on the agenda. If you wish to address the Council on an item listed on the agenda, please follow the directions listed above.

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items

2. Correspondence
i. Letter from The Barber
ii. Police Department Monthly Report for August 2023
The Council will receive a monthly report regarding the activities, and general information for the Police Department.

Action Requested - None.

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on October 3, 2023 at 4:00 p.m.
5 September 19, 2023~4:00 PM Oroville City Council Meeting Agenda Page 6 of 6 Accommodating Those Individuals with Special Needs – In compliance with the Americans with Disabilities Act, the City of Oroville encourages those with disabilities to participate fully in the public meeting process. If you have a special need in order to allow you to attend or participate in our public meetings, please contact the City Clerk at (530) 538-2535, well in advance of the regular meeting you wish to attend, so that we may make every reasonable effort to accommodate you. Documents distributed for public session items, less than 72 hours prior to meeting, are available for public inspection at City Hall, 1735 Montgomery Street, Oroville, California.

Recordings - All meetings are recorded and broadcast live on cityoforoville.org and YouTube. 6 September 5, 2023~4:00 PM Oroville City Council Meeting Agenda Page 1 of 6

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
SEPTEMBER 05, 2023

MINUTES
This agenda was posted on September 1, 2023. This meeting was recorded and may be viewed at cityoforoville.org or on YouTube.

CALL TO ORDER / ROLL CALL
PRESENT: Council Members: Tracy Johnstone, Krysi Riggs, Scott Thomson, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, Mayor David Pittman STAFF: City Administrator, Brian Ring; Assistant City Administrator, Ruth Duncan; Karolyn Fairbanks, City Treasurer, Assistant City Clerk, Kayla Reaster; Business Assistance and Housing Director, Amy Bergstrand; Community Development Director, Pat Piatt; Public Works Director, Fred Mayo; Code Enforcement Director, Ron Belser; City Attorney, Scott Huber; Chief of Police, Bill LaGrone

CLOSED SESSION
The Council held a Closed Session on the following:

1. Pursuant to Government Code section 54956.9(d)(2), the Council will meet with the City Administrator and City Attorney regarding potential exposure to litigation – One Case.

OPEN SESSION

1. Announcement from Closed Session – Mayor Pittman announced that direction was given.

There were no announcements out of Closed Session.

2. Pledge of Allegiance – Led by Vice Mayor Smith

3. Adoption of Agenda – Motioned by Council Member Goodson, seconded by Vice Mayor Smith. Motion passed Unanimously.

AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Mayor Pittman NOES: None
ABSTAIN: None
ABSENT: None

PRESENTATIONS AND PROCLAMATIONS

1. Mayor Pittman read a proclamation honoring Ger Vang for his dedication to the Oroville Community and Hmong Community. Yeng Vang attended and received the proclamation in person on behalf of the family.
7 Item 1.

September 5, 2023~4:00 PM Oroville City Council Meeting Agenda Page 2 of 6

2. Mayor Pittman read a proclamation honoring Alberta Tracy “The Lady of Butte County” for all her contributions to the community throughout her lifetime. Danny Ballard, Ms.

Tracy’s predecessor, attended and received the proclamation in person on behalf of Ms.

Tracy.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following individuals spoke on non-agenda items:
- Bill Speer

CONSENT CALENDAR
Consent calendar items 1 - 5 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.

1. Approval of the August 15, 2023 Oroville City Council Meeting Minutes The Council approved the Minutes of August 15, 2023 by the following 6 -1 vote:

AYES: Johnstone, Riggs, Thomson, Goodson, Smith, Mayor Pittman NOES: Webber
ABSTAIN: None
ABSENT: None

2. Change Order Portland Loo Project
The Council approved a Change Order #5 for the additional cost and materials of the 2023 Portland Loo Project by the following 6-1 vote:

AYES: Johnstone, Riggs, Thomson, Goodson, Smith, Mayor Pittman NOES: Webber
ABSTAIN: None
ABSENT: None

3. Contract with Hignell Inc. DBA Experts in Your Home for the Oroville Convention Center, Phase I Project
The Council approved Reso No. 9181 - a resolution of the Oroville City Council authorizing and directing the Mayor to sign and accept the proposal with Hignell, Inc. dba Experts in Your Home, and authorized Hignell, Inc. dba Experts in Your Home to complete the proposed Oroville Convention Center Phase I Project in an amount of $1,204,596 and alternate bids in the amount of $87,030 plus a 10% contingency in the amount of $129,162.60 (total $1,420,788.60) should any deficiencies be discovered during the project and; 2) authorized the City Administrator to modify or amend the Hignell, Inc. dba Experts in Your Home contract to include any additional amenities, alternatives or needs that the project may have, contingent upon funding availability by the following 6-1 vote:

AYES: Johnstone, Riggs, Thomson, Goodson, Smith, Mayor Pittman NOES: Webber
ABSTAIN: None
ABSENT: None
8 Item 1.

September 5, 2023~4:00 PM Oroville City Council Meeting Agenda Page 3 of 6

4. Amendment to Funding Allocation for the Stanford Avenue School Parking Project The Council approved the amendment to the funding allocation for the construction of the Stanford Avenue School parking lot by the following 6-1 vote:

AYES: Johnstone, Riggs, Thomson, Goodson, Smith, Mayor Pittman NOES: Webber
ABSTAIN: None
ABSENT: None

5. Resolution to Oppose Initiative 21-0042A1 the Taxpayer Protection and Government Accountability Act
The Council adopted of Resolution 9179, opposing a 2024 ballot initiative that would restrict California cities’ ability to collect taxes and fees on services provided by the following 6-1 vote:

AYES: Johnstone, Riggs, Thomson, Goodson, Smith, Mayor Pittman NOES: Webber
ABSTAIN: None
ABSENT: None

REGULAR BUSINESS

6. Approval of an Application for the Federal Fund Account/Last Mile Grant Program by the Golden State Connect Authority and Letter in Support of the Project Pat Piatt, Community Development Director and Pat Blacklock, President of Rural Couty Representatives of California, presented this item to the Council.

The City Council supported GSCA to pursue a grant from the CPUC FFA/Last Mile program to obtain funding to provide fiber optic broadband connectivity throughout the City Of Oroville and issue a letter in support of the project by the following unanimous vote:

Motioned: Council Member Johnstone; Seconded: Council Member Riggs AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Mayor Pittman NOES: None
ABSTAIN: None
ABSENT: None

7. North Star Place Branding Contract and New Oroville Branding Brian Ring, City Administrator presented this item to the Council.

The Council confirmed the following: 1) Prior approval of the Oroville brand as presented by North Star Place Branding; 2) Approval of the first-year Marketing Plan timeline, and $100,000 budget; and 3) Directed staff to continue using the internal team with the addition of Council Member Webber to return in 60 days with a new product/new ideas for consideration.

The following member(s) of the public submitted public comment on this item: Bill Speer; Julie Miller; Sara Nolind on behalf of Brian Wong; Hardy Lahn; Audrey Holt; Deborah Wigely; and Renee Gramps.
9 Item 1.

September 5, 2023~4:00 PM Oroville City Council Meeting Agenda Page 4 of 6

8. Response to the 2022-2023 Final Butte County Grand Jury Report Dave Richie, City Attorney presented this item to the Council.

The City Council approved the City of Oroville’s response to the 2022-2023 Final Butte County Grand Jurt Report by the following unanimous vote:

Motioned: Council Member Goodson; Seconded: Council Member Smith AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Mayor Pittman NOES: None
ABSTAIN: None
ABSENT: None

9. Capital Asset Requests
Ruth Duncan, Assistant City Administrator and Finance Director presented this item to the Council.

The Council approved the list of capital asset purchases for fiscal year 2023-24 by the following unanimous vote:

Motioned: Council Member Goodson; Seconded: Mayor Pittman AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Mayor Pittman NOES: None
ABSTAIN: None
ABSENT: None

10. Contract Amendment for City Administrator
Dave Ritchie, City Attorney presented this item to the Council.

The Council approved the contract amendment by the following unanimous vote:

Motioned: Council Member Thomson; Seconded Council Member Riggs AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Mayor Pittman NOES: None
ABSTAIN: None
ABSENT: None
PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
- Renee Gramps
10 Item 1.

September 5, 2023~4:00 PM Oroville City Council Meeting Agenda Page 5 of 6

REPORTS/ DISCUSSIONS / CORRESPONDENCE

1. City Council Announcements and Reports
A. Smith – Spoke on a correction he wanted to enter into the record in which he mentioned Natalie Sheard does have a building background. He also spoke on AB 553.

B. Mayor Pittman – Spoke on his attendance at the BCAG and SCOR meetings.

C. Goodson – Spoke on the letter from Mayor Pittman that was sent to Maui and subsequently read to the firefighters during one of their evening briefs.

2. Future Agenda Items
A. Council Member Smith – Requested that bring back an item regarding the fencing that has gone up on Montgomery Road as it poses a hazard to traffic attempting to turn onto Montgomery. This request was seconded by Council Member Johnstone.

B. Council Member Goodson – Requested that staff provide an update on the Gateway Project. City Administrator Ring stated they would have an update at the next meeting.

C. Council Member Webber – Requested a plaque be placed on the Ehmann House in remembrance of Alberta Tracy “The Lady of Butte County”. Webber also asked that staff look into the possibility of the creation of an ordinance that would allow for local preference when issuing contracts. The City Attorney provided Webber with an update on what that would consist of.

3. Administration Reports –
Brian Ring, City Administrator, spoke on productive meetings had with BCAG regarding the Hwy 162 update. A briefing on this item will be brought to the September 19, 2023, council meeting. Mr. Ring also supplied an update on the progress of the City Charter project.

Ron Belser, Code Enforcement Director, spoke on several reports regarding caseloads and progress that has been made on them. Mr. Belser spoke on progress with Lexipol and the weekly meetings being held regarding this matter. He also spoke on the Salmon Festival.

Amy Bergstrand, Housing and Business Assistance Director, spoke on Mission Esperanza and how it did not receive ERF funding this round. There will be another opportunity to apply for these funds at the end of the year.

Ruth Duncan, Assistant City Administrator and Finance Director spoke on pension update for unfunded liability and gave the Council notice that there will be a 10 minute presentation to come on this topic in October. Ms. Duncan is currently working on an RFP for new carpet to be installed at City Hall. Lastly, Ms. Duncan reported on her upcoming vacation to notify staff that she will be out of office.

4. Correspondence
i. Letter from Lorraine Christensen received August 18, 2023. ii. Letter from Bob Gustafson received August 23, 2023. 11 Item 1.

September 5, 2023~4:00 PM Oroville City Council Meeting Agenda Page 6 of 6

ADJOURN THE MEETING
Mayor Pittman adjourned the meeting at 7:28PM.

APPROVED: ATTESTED:
___________________________________ __________________________________ Mayor, David Pittman Assistant City Clerk, Kayla Reaster 12 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: RUTH DUNCAN, ASSISTANT CITY ADMINISTRATOR-ADMINISTRATIVE

SERVICES
RE: CONTRACT AMENDMENT WITH AVENU MUNISERVICES, LLC

EXTENDING TERM BY THREE YEARS
DATE: SEPTEMBER 19, 2023

SUMMARY
The Council may consider the approval of a contract extension amendment with Avenu MuniServices, LLC for continuing Sales and Use Tax Audit Services, Sales and Use Tax Analysis & Reporting Services (STARS), Utility Users Tax Compliance and Revenue Protection Program, and Solid Waste Hauler Franchise Fee Compliance Program Services.

DISCUSSION
The City has worked with Avenu MuniServices since before 1995. They provide the City with valuable assistance in the areas of Sales Tax analysis, reporting and auditing services.

The existing agreement We are at the end of our current contract period and staff is requesting Council approval to continue our work with them and extend our contract for another 3-year period ending October 13, 2026.

FISCAL IMPACT
Ongoing budgeted item in the Finance Department, Outside Services. 100.1090. Charges for the prior year were $23,242.11 for reference.

RECOMMENDATION
Approve the contract amendment Avenu MuniServices, LLC, extending the contract through October 13, 2026.

ATTACHMENTS
Resolution XXXX
13 Item 2.

CONTRACT AMENDMENT #3 TO CONTRACT BETWEEN
City of Oroville AND Avenu MuniServices, LLC
THIS THIRD AMENDMENT (“Amendment No. 3”) is entered into between City of Oroville, a government entity in the State of California (“City”) and MuniServices, LLC, a Delaware limited liability company (“Consultant” or “AVENU”), (collectively the “Parties”).

The City and Consultant agree as follows:

WHEREAS, on or about October 13, 2014, City and Consultant entered into an agreement to provide Sales and Use Tax Audit Services, Sales/Use Tax Analysis & Reporting Services (STARS), Utility Users Tax Compliance and Revenue Protection Program, and Solid Waste Hauler Franchise Fee Compliance Program Services (the "Agreement''); WHEREAS, under Section 5, Term of this Agreement, the initial term of the Agreement was for a three-year period and renews for successive three-year terms if the Parties mutually agree to extend the Agreement in writing;
WHEREAS, Amendment No. 1 formally extending the term of the agreement for an additional three years was executed on April 9, 2018;
WHEREAS, Amendment No. 2 further extended the term of the agreement for an additional three years effective January 20, 2020;
WHEREAS, the Parties seek to renew the Term of the Agreement for an additional three (3) years through October 13, 2026.

NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, the Parties hereby agree to amend the Agreement as follows:

1. This Amendment No. 3 is effective as of October 14, 2023 (“Effective Date of Amendment No. 3”).

2. The Term of the Agreement is renewed for an additional three (3) years through October 13, 2026.

3. All other terms and conditions of the Agreement, except as modified by this Amendment No. 3, shall remain in full force and effect.

SIGNATURE PAGE TO FOLLOW
14 Item 2.

IN WITNESS WHEREOF, the undersigned authorized representatives of Consultant and City have executed this Amendment No. 3.

MuniServices, LLC
By: \signature2\
Name: \fullname2\
Title: \title2\
Date: \date2\
City of Oroville
By: \signature2\
Name: \fullname2\
Title: \title2\
Date: \date2\
15 Item 2.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: RUTH DUNCAN, ASSISTANT CITY ADMINISTRATOR-ADMINISTRATIVE

SERVICES
RE: LEASE SOFTWARE PURCHASE
DATE: SEPTEMBER 19, 2023

SUMMARY
The Council may consider the purchase of lease software necessary to comply with new mandatory Governmental Accounting Standards Board (GASB) 87 and 96 related to new lease reporting requirements.

DISCUSSION
New GASB pronouncements have been issued and require mandatory compliance. The City has sought out two software companies who provide this compliance for leases. Our external auditor also confirmed this was necessary and particularly for our Airport leases.

A comparison chart of the two companies is as follows:

FISCAL IMPACT
Annual expenditure of $9,396.00 for three years. Finance Department software expense – 100.1090 6410. There are sufficient appropriations in the budget to cover this expense. No additional appropriations are being requested.
16 Item 3.

RECOMMENDATION
Staff is recommending the approval of the purchase of lease software from LeaseQuery for a term of three years.

ATTACHMENTS
LeaseQuery Proposal
17 Item 3.

SALES ORDER
Date 9/5/2023
Sales Order # Q-26091
Expiration Date 10/5/2023
LeaseQuery, LLC Client
3 Ravinia Drive NE
Suite P7
Atlanta, GA 30346
(800) 880-7270
LeaseQuery.com
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
Attention: Ruth Duncan
5305382413
[email protected]
Length of Subscription
Initial Term (commencing on the date last signed below) 12 months Recurring Services
Annual
Amount
Platform/Edition
Platform subscription for LeaseQuery Advanced with Standard support (first 40 Records included) $5,400 Platform subscription for LeaseQuery Advanced, up to 60 Records $3,996 Financial Solutions
Fixed access subscription for GASB 87 $0
Fixed access subscription for GASB 96 (Records aggregated with platform subscription; annual access fee shown)
$0
Additional Products and Services
Standard support $0
Non-Recurring Services
One-Time
Fee
Organizational database structure setup $0
Guided onboarding $0
Contract analysis and Record entry, up to 85 Records $0 Confidential Information of LeaseQuery

18 Item 3.

Notes
• For recurring services, the annual amounts shown above are payable in advance upon execution of this Sales Order for the full length of the subscription shown above. For non-recurring services, the one-time fees shown above are payable upon execution of this Sales Order. • An additional platform subscription fee of $7 per Record per month (invoiced in advance for the full remaining term) will apply for any Records in excess of the maximum number of Records purchased above. • To the extent the number of Records shown above for contract analysis and Record entry services is exceeded, an additional fixed fee of $200 per Record (invoiced monthly in arrears) will apply. • Standard support includes access to LeaseQuery's knowledge base and email support. • For guided onboarding, in addition to the self-guided training materials available in the Solution, LeaseQuery personnel will be available during the first 60 days of Client's subscription to conduct up to three remote sessions (not to exceed three hours in the aggregate) to train Client's authorized users on the Solution.

Terms and Conditions
As of the date last signed below, Client hereby subscribes to the Solution and services described in this Sales Order. This Sales Order shall be governed by the terms and conditions set forth herein and in the subscription agreement available at https://leasequery.com/ subscription_terms_and_conditions.pdf, which is incorporated herein by reference, unless the parties have manually executed a separate subscription agreement governing this Sales Order (in either case, the "Subscription Agreement"). Capitalized terms used but not defined in this Sales Order shall have the meaning set forth in the Subscription Agreement.

Signatures
City of Oroville (“Client”): LeaseQuery, LLC (“LeaseQuery”):

By: {{Sig_es_:signer1:signature}} By: {{Sig_es_:signer2:signa Name: {{Name1_es_:signer1:fullname}} Name: {{Name2_es_:signer2:fullname}} Title: {{*Ttl1_es_:signer1:title}} Title: {{*Ttl2_es_:signer2:title}} Date: {{!Dte_es_:signer1:date}} Date: {{!Dte_es_:signer2:date}} Confidential Information of LeaseQuery

19 Item 3.
20 Item 4.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: FEE WAIVER REQUEST BY THE OROVILLE HMONG NEW YEAR

FESTIVAL COMMITTEE
DATE: SEPTEMBER 19, 2023

SUMMARY
The Council may consider a fee waiver request from the Oroville Hmong New Year Festival Committee, in the amount of $6,415, for Police Services relating to the 2023 Oroville Hmong New Year Festival, to be held October 14 th and 15th, 2023 at the
Nelson Avenue Sports Complex.

DISCUSSION
On October 14
th and 15th of this year, the Oroville Hmong New Year Festival for 2023 will be held at the Nelson Avenue Sports Complex. This event will run from 8:00 AM to 5:00 PM each day. An average daily attendance of 5,000 people is expected. This event has occurred for the past twenty-three years with few major incidents that required Law Enforcement intervention. The Hmong community has always been supportive and responsive to the needs of Law Enforcement to make this event safe and successful.

In 2018, the Hmong community paid $2,641.52 for Police Services for the New Year celebration. The event was canceled after this event do to various reasons along with Covid. This fee was based upon the Police Department supplying nine Officers over the two day celebration for a total of 80 hours. The hourly rate was $71 per hour. The Police Department cost for providing this service in 2018 was $7,547.20. The Council authorized a discount of 65%, which resulted in the lower rate being collected.

The reason for the waiver is that this event is organized by non profit organizations that depend upon the proceeds from this event to fund their organizations over the course of the year.

This is a worthy event that is well attended by both local community members and out of town visitors. It is the recommendation of the Police Department that the fees for this event be reduced to help support the Hmong Community and to show our support of this event. (See Chart below for details of fees.)
21 Item 4.

PROPOSED FEE FOR 2015
PROPOSED FEE FOR 2017
Hours Rate Total Discount Total Proposed Fee
80 $113.00 $9,040.00 65% = -$5,876.00 $3,164.00
This is a City event which has the potential to have a positive impact on business activity, recreation, and community activity and destination point improvement.

FISCAL IMPACT
Partial wavier of Police Services fees will result in a negative impact of $5,876.00 on the overtime budget of the Oroville Police Department

RECOMMENDATIONS
Waive 65% of the fees, in the amount of $5,876.00, and have the applicant pay the remainder of the fees, in the amount of $3,164, for the 2023 Oroville Hmong New Year Festival.

ATTACHMENTS
Request for fee waiver
22 Item 4.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAND AND COUNCIL MEMBERS
FROM: FRED MAYO, PUBLIC WORKS DIRECTOR
RE: CAPITAL PROJECT TASK ORDER 3 WITH ROLLS, ANDERSON &

ROLLS FOR ROADWAY DESIGN WORK
DATE: SEPTEMBER 19, 2023

SUMMARY
The Council may direct staff regarding the issuing of Task Order 3 for the design of three (3) capital improvement projects on Georgia Pacific Way, Oro Dam Boulevard East, and Norton Avenue.

DISCUSSION
Staff is continuing development of capital improvement projects. Staff is proposing to issue a task order (TO) to Rolls Anderson & Rolls Civil Engineers for design services under contract number 3345. Staff requests authority to proceed with the task orders for the following projects:
 Georgia Pacific Way - Feather River Boulevard to Baggett Marysville Road.

Improvements to include Pavement reconstruction, ADA curb ramp compliance and drainage improvements. $94,400.00. Target construction date is 2025/26.  Oro Dam Boulevard East – Washington Avenue to Orange Avenue. Improvements to include Pavement reconstruction, ADA compliance, bike lanes, curb, gutter, and sidewalks. $96,600.00. Target construction date is 2025/26.  Norton Avenue – Montgomery Street to Bridge Street. Improvements to include pavement reconstruction, drainage improvements, road widening, on street parking, curb, gutter, and ADA curb ramp compliance. $51,050.00. Target construction date is 2025/26.

FISCAL IMPACT
The funds in the amount of $191,000 will come from Measure U Funds for Georgia Pacific Way and Oro Dam Boulevard East (included in FY 23/24 budget); for Norton Avenue $26,050.00 will come from Transportation Impact Fees, and $25,000.00 will come from Drainage Impact Fees.

RECOMMENDATION
Staff recommends the Council direct the City Administrator to proceed with the task order discussed above with Rolls Anderson & Rolls Civil Engineers. 23 Item 5.

ATTACHMENTS
Rolls Anderson & Rolls Proposal
Task Order
24 Item 5.

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TASK ORDER #3

FOR PROFESSIONAL SERVICES
This Task Order is made and entered into as of ______________, 2023, by and between the City of Oroville (“City”) and Rolls, Anderson & Rolls, Inc. (“Consultant”).

RECITALS
A. The Consultant is licensed, trained, experienced and competent to provide Professional Services for as required by this Task Order, specifically production of plans, specifications, estimates, etc. for roadway construction, rehabilitation, drainage improvements, ADA upgrades and restriping of Oro Dam Boulevard East Ave, from Washington Avenue to Orange Avenue, Norton Street from Bridge Street to Montgomery Street, Georgia Pacific Way from Feather River Boulevard to 5th Avenue, and associated work; and
B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Task Order on the terms and conditions described herein.

C. City desires the Consultant to render professional services as set forth in this Task Order and in accordance with City Contract Number 3345 between the City and the Consultant.

TASK ORDER

1. Scope of Services. The Consultant shall complete all services in a professional manner. Consultant shall complete the services described in 25 Item 5.

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Consultant’s proposal attached as Exhibit “A” which is incorporated herein by reference.

2. Time of Performance. The services of Consultant shall commence upon execution of this Task Order and shall be completed at the end of Project close out.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fee budget/schedule set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed the amount of $242,050.00 without additional written authorization from the City. Payment by City under this Task Order shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, a description of any reimbursable expenditures, the contract number, and the Task Order number. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

5. Extra Work. At any time during the term of this Task Order, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the 26 Item 5.

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proper completion of Consultant’s services, but which the parties did not reasonably anticipate would be necessary at the execution of this Task Order. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City.

6. Termination. This Task Order may be terminated by the City immediately for cause or by either party without cause upon fifteen days’ written notice of termination. Upon termination, Consultant shall be entitled to compensation for services properly performed up to the effective date of termination.

7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Task Order, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents, and other writings to City within three (3) days after written request.

8. Licensing of Intellectual Property. This Task Order creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in documents or works of authorship fixed in any tangible medium of expression, including but not limited to, data magnetically or otherwise 27 Item 5.

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recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Task Order (“Documents and Data”).

Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Task Order. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which may be provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Task Order shall be at City’s sole risk.

9. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Task Order shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Task Order. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Task Order. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, 28 Item 5.

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photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Task Order in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

10. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Task Order. b. Consultant shall maintain all documents and records which demonstrate performance under this Task Order for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Task Order.
c. Any records or documents required to be maintained pursuant to this Task Order shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it’s practical to do so. Otherwise, unless an alternative is 29 Item 5.

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mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Task Order.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained by City Hall.

11. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.

12. Interest of Consultant. Consultant (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Task Order or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in 30 Item 5.

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the performance of its duties hereunder no person having any such interest shall perform any services under this Task Order. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or any City official, other than normal Task Order monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

13. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Task Order. All work performed by Consultant under this Task Order shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

14. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

15. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. 31 Item 5.

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Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Task Order, any licenses, permits, insurance and approvals which are required by the City for its business.

16. Indemnity. Consultant agrees to indemnify and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including reimbursement of reasonable costs and expenses in connection therein), arising from its negligent performance of this Task Order or its failure to comply with any of its obligations contained in this Task Order, except for any such claim arising from the negligence or willful misconduct of the City, its officers, agents, employees or volunteers.

With regard to any claim alleging Consultant’s negligent performance of professional services, Consultant’s defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate extent of its actual indemnity obligation hereunder.

17.Insurance Requirements, Incorporation and Conflicts. Consultant, at Consultant’s own cost and expense, shall procure and maintain insurance, for the duration of the Task Order, as required under Contract Number 3345 between the City and the Consultant. The terms of Contract Number 3345 between the City and the Consultant are incorporated by reference as if fully set forth herein. To the extent that any conflict exists between 32 Item 5.

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Contract Number 3345 and this Task Order, the terms of Contract Number 3345 shall control.

18. Notices. Any notice required to be given under this Task Order shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section:

If to City: Brian Ring, City Administrator
City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
[email protected]
If to Consultant: Keith Doglio, Secretary/Principal
Rolls, Anderson & Rolls
115 Yellowstone Drive
Chico, CA 95973
[email protected]

19. Entire Task Order. This Task Order constitutes the complete and exclusive statement of agreement between the City and Consultant for this Task Order. All prior written and oral communications, including correspondence, drafts, memoranda, and representations are superseded in total by this Task Order in regard to professional services specifically provided under this Task Order. Other task orders issued to the Consultant by the City under Contract Number 3345 stand alone and are unaffected by this Task Order.

20. Amendments. This Task Order may be modified or amended only by a 33 Item 5.

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written document executed by both Consultant and City and approved as to form by the City Attorney.

21. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Task Order is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Task Order will be permitted only with the express prior written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Task Order without the prior written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Task Order shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

22. Waiver. Waiver of a breach or default under this Task Order shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Task Order.

23. Severability. If any term or portion of this Task Order is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Task Order shall continue in full force and effect.

24. Controlling Law Venue. This Task Order and all matters relating to it shall 34 Item 5.

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be governed by the laws of the State of California and any action brought relating to this Task Order shall be held exclusively in Butte County Superior Court or the United States District Court, Eastern District of California.

25. Litigation Expenses and Attorney’s Fees. If either party to this Task Order commences any legal action against the other part arising out of this Task Order, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

26. Execution. This Task Order may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Task Order, it shall not be necessary to produce or account for more than one such counterpart.

27. Authority to Enter Task Order. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Task Order. Each party warrants that the individuals who have signed this Task Order have the legal power, right, and authority to make this Task Order and to bind each respective party.

28. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Task 35 Item 5.

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Order. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Task Order. For breach or violation of this warranty, City shall have the right to rescind this Task Order without liability. For the term of this Task Order, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Task Order, or obtain any present or anticipated material benefit arising therefrom.

29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

IN WITNESS WHEREOF, the parties have caused this Task Order to be executed on the date first written above.

CITY OF OROVILLE
By: ___________________________ By: ___________________________ Brian Ring, City Administrator Keith Doglio, Secretary/Principal Rolls, Anderson, & Rolls
36 Item 5.

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APPROVED AS TO FORM:

By: Scott E. Huber, City Attorney
Standard Task Order Form January 26, 2021
Attachments:

Exhibit A - Consultant Proposal
37 Item 5.
115 YELLOWSTONE DRIVE  CHICO, CALIFORNIA 95973-5811  TELEPHONE 530-895-1422  www.rarcivil.com T:\Data\PROMO\Oroville On-Call Civil\Freitas-071423.Docx July 14, 2023
Mr. Josh Freitas
Assistant Civil Engineer
City of Oroville
[email protected]
SUBJECT: CITY OF OROVILLE – ROAD PAVEMENT REHABILITION PROJECTS GEORGIA PACIFIC WAY, OROVILLE DAM BLVD. EAST, NORTON STREET PROPOSAL FOR PROFESSIONAL SERVICES – REVISION #1

Dear Josh:

Based on the information that you emailed us and our subsequent discussion, we propose to provide you the following professional services:

Task 1 - would involve sending letters to Cal Water, PG&E, Comcast and AT&T requesting utility markings within the three project areas.

Task 2 - would involve requesting right-of-way mapping and dedication documents from the City of Oroville, researching recorded maps and deed documents and compiling information for monument searching for the three project areas.

Task 3 - would involve establishing horizontal and vertical control throughout the three project sites based on State Plane Coordinates and City of Oroville datum.

Task 4 - would involve performing a field search for property corner monuments adjacent to the three project sites and surveying found monuments.

Task 5 - would involve coordination with the drone aerial topography consultant regarding survey control, scheduling and project deliverables.

Task A - would involve utilizing a drone to obtain aerial topographic data and orthographic aerial images within the Georgia Pacific Way right-of-way. All work would be performed by a sub-consultant.

Task B - would involve utilizing a drone to obtain an aerial topographic data and orthographic aerial images within the Oroville Dam Boulevard East right-of-way. All work would be performed by a sub-consultant.

Task 6 - would involve performing a supplemental ground topographic survey along Georgia Pacific Way that would be used in conjunction with the drone aerial topographic survey (by others).

Work would include locating curb ramps and flowline and top of roadside ditches. Locations to be surveyed would include the northeast corner at the intersection of South 7th Avenue, four curb ramps at both driveways to 650 Georgia Pacific Way and the northeast corner at the intersection of South 5th Avenue for curb ramps and the entire project area for roadside ditches.

Task 7 - would involve performing a supplemental ground topographic survey along Oroville Dam Boulevard East that would be used in conjunction with the drone aerial topographic survey (by others). Work would include locating curb ramps. Locations to be surveyed would include the northerly and easterly corners at the intersection of Olive Highway, westerly and northerly corners at the intersection to The Courtyard Apartments (2720 Oro-Dam Blvd.) including the area with no sidewalk, the northeasterly and southeasterly corners at the intersection of Gilmore Lane, all four returns at the intersection of Bridge Street and the northeasterly and southeasterly corners at the intersection of Stanford Avenue. 38 Item 5.

July 14, 2023
Mr. Josh Freitas

Task 8 - would involve performing survey cross-sections along Norton Street from Bridge Street to Montgomery Street at approximate 25-foot intervals and would include location edge of pavement, curb, gutter and sidewalk, curb ramps, driveways, utility poles, sign posts, utility poles, fire hydrants, fence corners, gates, ditch flowlines, ends of culverts, trees larger than four inches in diameter, mailboxes, pavement markings and surface visible utilities. When pipes are visible for sanitary sewer and storm drainage facilities pipe sizes and invert elevations would be measured. Work would include surveying the Montgomery Street intersection for an approximate length of 130 feet and the Bridge Street intersection for an approximate length of 120 feet.

Task 9 - would involve importing found property corner monuments from Task 4 into AutoCAD software and resolving right-of-way lines based on Task 2 information. Right-of-way lines would be shown within reasonable accuracy. Should right-of-way acquisitions be necessary additional review may be required.

Task 10 - would involve drafting topographic survey data collected in Tasks 6 and 7 and compiling the data with drone aerial topographic surveying and aerial images to create one AutoCAD file per project. Work would include drafting the topographic survey collected in Task 8. PDF’s of the surveys for each site would be provided to the City in PDF format.

Task 11 - would involve coordination with the geotechnical engineering consultant regarding soil testing and pavement recommendations for the three project sites. Pavement rehabilitations recommendations would be provided to the City for review and approval. Subsequent tasks would not begin until this task is complete.

Task 12 - would involve preparation of conceptual improvement layout sheets for the three site that would depict new pavement limits, curb ramp and sidewalk improvements, measuring quantities for each project and preparation of an itemized construction cost estimate for each of the sites Task 13 - would involve creation of existing ground surfaces utilizing AutoCAD software for the roadways for the three project sites, creating roadway alignments and existing ground profiles to depict the existing ground and setup of plan and profile sheets for all three projects.

Task 14 - would involve roadway design and preparation of improvement plans for Georgia Pacific Way.

Work would include design of a road centerline profile for the pavement surfacing finish grade, layout of striping and pavement markings, design of replacement curb ramps at the locations surveyed in Task 6 and regrading roadside ditches as necessary to provide positive drainage.

Plans would include centerline monuments to be preserved, typical roadway cross-sections, details for curb ramps, striping and pavement markings and notes. Improvement plans would consist of a cover sheet, overall project layout sheet, plan and profile sheets, striping plan sheets and notes and details sheets.

Task 15 - would involve roadway design and preparation of improvement plans for Oroville Dam Boulevard East. Work would include design of a road centerline profile for the pavement surfacing finish grade, layout of striping and pavement markings (including bicycle lanes per City provided layout), design of replacement curb ramps at the locations surveyed in Task 7 and curb and gutter and sidewalk along the northwesterly side of the road along The Courtyard Apartments. Plans would include centerline monuments to be preserved, typical roadway cross-sections, details for curb ramps, striping and pavement markings and notes.

Improvement plans would consist of a cover sheet, overall project layout sheet, plan and profile sheets, striping plan sheets and notes and details sheets.

Task 16 - would involve roadway design and preparation of improvement plans for Norton Street. Work would include design of a road centerline profile for the pavement surfacing finish grade, layout and design of curb and gutter on both sides of the road, layout of pavement markings and 39 Item 5.

July 14, 2023
Mr. Josh Freitas

design of replacement curb ramps at the locations surveyed in Task 8. Plans would include centerline monuments to be preserved, typical roadway cross-sections, details for curb ramps, pavement markings and notes. Improvement plans would consist of a cover sheet, overall project layout sheet, plan and profile sheets, striping plan sheets and notes and details sheets.

Task 17 - would involve design and preparation of an erosion and sediment control plan sheets for the three project sites that would include notes and details for BMP’s.

Task 18 - would involve preparation of an engineer’s quantity and cost estimate for the three project sites based on the improvement plans.

Task 19 - would involve preparation of technical specifications for the three project sites.

Task 20 - would involve receiving general conditions, special conditions and other bid book documents from the City of Oroville and compiling the documents to create contract documents for the three project sites.

Task 21 - would involve attending a maximum of four project meetings in Oroville or conference calls.

The cost to complete the above tasks would be:

Project Name
Georgia
Pacific Way
Oroville Dam
Blvd. East
Norton
Street
Sum of all three
projects
Tasks 1 – 10 $39,300.00 $35,200.00 $19,500.00 $94,000.00 Tasks 11 – 12 $5,000.00 $3,800.00 $1,700.00 $10,500.00
Tasks 13 – 20 $44,850.00 $51,250.00 $29,400.00 $125,500.00 Task 21 $450.00 $450.00 $450.00 $1,350.00
Tasks A & B $4,800.00 $5,900.00 N/A $10,700.00
Total = $94,400.00 $96,600.00 $51,050.00 $242,050.00
Prevailing wage rates have been used for survey work.

This proposal is based on the following assumptions:

1. A sufficient amount of right-of-way documents would be found during Task 2 and a sufficient amount of property corner monuments would be found during Task 4 to determine right-of-way lines.

2. Work for all three projects would occur concurrently.

If any of the assumptions are found to not be correct the above tasks and costs would need to be revised.

The following items are not included in the scope of professional services:

1. Payment of any fees including title company fees, permit fees, plan check fees, inspection fees, etc.
40 Item 5.

July 14, 2023
Mr. Josh Freitas

2. Obtaining encroachment permits.

3. Excavating or “potholing” existing utilities or piping to determine the location, depth, size and pipe material.

4. Unless specifically provided in the above tasks, performing a topographic survey utilizing conventional survey equipment. A subconsultant will be providing an aerial topographic survey for portions of the projects.

5. Surveying the location of landscape sprinkler heads.

6. Preparation of a record of survey.

7. Determining easement locations.

8. Preparation of a soils report or performing soil testing. A separate proposal for geotechnical engineering services will be provided.

9. Performing any redesign work after receiving approval of the conceptual improvement layout sheets.

10. Design to replace non-ADA compliant sidewalks.

11. Design to replace non-ADA compliant driveways.

12. Layout or design of new or replacement signs.

13. Depicting existing utilities in profile views.

14. Design of facilities within the Caltrans or railroad right-of-way.

15. Design or preparation of plans for sanitary sewer, water or storm drain infrastructure.

16. Design or preparation of plans for relocating existing utilities.

17. Design of any stormwater “post-construction” or “Low Impact Development” (LID) features.

18. Design or preparation of plans for landscaping and irrigation improvements.

19. Design or preparation of plans for retaining walls.

20. Design or preparation of plans for fencing.

21. Design or preparation of plans for stairs, pedestrian ramps or handrails.

22. Design or preparation of plans for lighting.

23. Design or preparation of plans for electric facilities.

24. Providing road cross-sections.

25. Conducting or providing assistance with project bidding.

26. Responding to Requests for Information during project bidding and construction.

27. Providing construction administration.

28. Preparation of a Storm Water Pollution Prevention Plan.

29. Providing survey control data.

30. Construction staking.

31. Reviewing material submittals or performing contract administration.

32. Performing construction inspection or preparation of as-built plans.

33. Other than as provided in Task 21, preparation for and attendance at meetings that are required by the owner, contractor or public agency will be provided on a time and materials basis and would be in addition to the proposed cost.

Thank you for the opportunity to submit this proposal for your review and consideration. Please call if you have any questions.

Sincerely,

ROLLS, ANDERSON & ROLLS
Keith Doglio
41 Item 5.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: MEMORANDUM OF UNDERSTANDING WITH OROVILLE CITY

ELEMENTARY SCHOOL DISTRICT FOR SCHOOL RESOURCE

OFFICER
DATE: SEPTEMBER 19, 2023

SUMMARY
The Council may consider a Memorandum of Understanding with the Oroville City Elementary School District for a School Resource Officer (SRO).

DISCUSSION
The Oroville Police Department has successfully partnered with the Oroville City Elementary School District to establish a School Resource Officer (SRO) Program.

This program provides for a dedicated full-time Police Officer to serve the Oroville City Elementary School District Campuses.

A School Resource Officer will be provided for the Oroville City Elementary School District Campuses. The School District has expressed the desire to continue the program. The Oroville City Elementary School Board approved a five year contract for these services at their August 16, 2023 meeting, pending City Council approval.

The Oroville City Elementary School District will contribute Fifty Thousand Dollars ($50,000) per year for the salary and benefits of an Oroville Police Officer necessary for the role of School Resource Officer beginning August 10, 2023, through June 10, 2028.

The Oroville Police Department will provide the Oroville City Elementary School District with an invoice quarterly for $12,500.00 for a total of $250,000.00 dollars by June 30, 2028. For additional details see attached contract.

FISCAL IMPACT
42 Item 6.

Expenditure reimbursement of $50,000.00 will be included in the Fiscal Year (FY) 2023/24, along with the next four FY budgets.

RECOMMENDATION
Adopt Resolution No. XXXX - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A MEMORANDUM OF

UNDERSTANDING WITH THE OROVILLE CITY ELEMENTARY SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER SERVICES FOR 2023/2024, 2024/2025, 2025/2026, 2026/2027, AND 2027/2028 SCHOOL YEARS– (Agreement No. XXXX).

ATTACHMENTS
Memorandum of Understanding
Resolution No. XXXX
43 Item 6.

CITY OF OROVILLE
RESOLUTION NO. 9183

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING

WITH THE OROVILLE CITY ELEMENTARY SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER SERVICES FOR 2023/2024, 2024/2025, 2025/2026, 2026/2027, AND 2027/2028 SCHOOL YEARS
(Agreement No. 3254-3)
NOW THEREFORE, be it hereby resolved by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute a Memorandum of Understanding with Oroville City Elementary School District for full-time School Resource Officer Services. A copy of the Agreement is attached hereto.

2. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on September 19, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
David Pittman, Mayor
APPROVED TO AS FORM: ATTEST:
__________________________ __________ ____
Scott E. Huber, City Attorney Brian Ring, City Clerk
44 Item 6.

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

OROVILLE POLICE DEPARTMENT AND THE

OROVILLE CITY ELEMENTARY SCHOOL DISTRICT
The Oroville Police Department (Department) and the Oroville City Elementary School District (District) recognize the need for a School Resource Officer (SRO) to be directly involved with the youth on the campuses of The Studios @ Central, Ishi Hills Middle, Oakdale Heights Elementary, Ophir Elementary, Stanford Elementary, and Wyandotte Academy schools. The District is aware of the risks for violence on school campuses; of drug and alcohol use by students, both on and off school campuses; the risks of gang mentality/involvement and the accompanying criminal behavior; and the challenges of social media, electronic communication, bullying and truancy.

The purpose of the School Resource Officer is to be a liaison between the staff, faculty, students, and parents of the students at Oroville City Elementary School District schools to promote a safe environment where an orderly educational process can take place.

The following is agreed to by the Department and the District:

1. Services and Independent Contractor. The Department shall provide and SRO to perform the Services set forth in the Agreement, including Exhibit A. The SRO will be available every regular day school is in session. When school is not in regular session, the School Resource Officer will be assigned to the Oroville Police Department. The Department, in the performance of this Agreement, shall be and act as an independent contractor with the sole authority for controlling and directing the performance of the details of the Services, District being interested only in the results obtained. The Department understands and agrees that it/he/she and all of its/his/her employees shall not be considered officers, employees, agents, partner, or joint venture of the District, and are not entitled to benefits of any kind or nature normally provided employees of the District and/or to which District's employees are normally entitled, including, but not limited to, State Unemployment Compensation or Worker's Compensation. The Department shall assume full responsibility for payment of all federal, state and local taxes with respect to Department employees.

2. Compensation. The Department will provide a quarterly invoice to the District within 60 days after the end of each quarter in the amount of $12,500.00 dollars for a total of $50,000.00 dollars annually, and the final invoice will include the end-of-year report. The billing to the District shall be invoiced reflecting the total number of hours worked by the SRO for duties requested or required as overtime or straight-time assignments at the applicable rate. Any overtime must be preapproved by the District in writing. The maximum amount billable to the District for the term of this agreement is $250,000.

3. Standard of Care. The Department represents that the Department has the qualifications and ability to perform the Services in a professional manner, without the advice, control or supervision of the District. Services shall only be performed by competent personnel under the supervision of and in the employment of the Department. The Department's services will be performed, findings obtained, reports and recommendations prepared in accordance with 45 Item 6.

generally and currently accepted principles and practices of his/her profession for services to California school districts.

Equipment and Materials. The Department shall furnish, at its own expense, all tools, labor, materials, equipment, supplies, transportation services and any other items (collectively, "Equipment") necessary to complete the Services in a manner which is consistent with generally accepted standards of the profession for similar services.

Notwithstanding the foregoing, the District shall not be responsible for any damages to persons or property as a result of the use, misuse or failure of any equipment used by the Department even if such Equipment is furnished, rented or loaned to the Department by the District. All original curricular materials provided in conjunction with Department services must be authorized for use by the District only and remain exclusively the intellectual property of the authors.

The District will provide the SRO with office space and the necessary furniture to conduct interviews, write reports, etc., and will prepare a work schedule for the SRO that is agreeable to the Department. This work schedule may be modified with agreement by both the Department and the District.

4. Confidentiality. The Department shall maintain the confidentiality of all information received in the course of performing the Services. This requirement to maintain confidentiality shall extend beyond the termination of this Agreement.

5. Term. This Memorandum of Understanding will begin on August 16, 2023, and will remain in effect until June 30, 2028, unless terminated earlier in accordance with the MOU.

6. Termination.

6.1 With Cause by District. The District may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include:

6.1.1. material violation of this Agreement by the Department; or

6.1.2. any act by the Department Exposing the District to liability to others for personal injury or property damage; or
Written notice by the District shall contain the reasons for such intention to terminate and unless within three (3) calendar days after that notice the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall upon the expiration of the three (3) calendar days cease and terminate. In the event of this termination, the District may secure the required services from another party. If the expense, fees, and costs to the District exceed the cost of providing the service pursuant to this Agreement, the Department shall immediately pay the excess expense, fees, and/or costs to the District upon the receipt of the District's notice of these expense, fees, and/or costs. The foregoing provisions are in addition to and not a limitation of any other rights or remedies available to District.
46 Item 6.

6.2 Reduction in District Funding. If the District has an unforeseen reduction in funding, the District may, at any time, with or without reason, terminate this Agreement upon fifteen (15) days written notice and compensate the Department only for services satisfactorily rendered to the date of termination. Written notice by the District shall be sufficient to stop further performance of services by the Department. Notice shall be deemed given when received by the Department or no later than three days after the day or mailing, whichever is sooner. In the event that District terminates this Agreement pursuant to this section, District shall compensate the Department for Services completed to date.

7. Indemnification. To the furthest extent permitted by California law, the Department shall, at its sole expense, indemnify, and hold harmless the District, the State of California, and their agents, representatives, officers, contractors, employees, trustees, and volunteers (the "District Parties") from any and all demands, losses, liabilities, claims, suits, and actions (the "Claims") of any kind, nature, and description, including, but not limited to, personal injury, death, property damage, and the Department's and/or attorneys' fees and costs, directly or indirectly arising out of, connected with, or resulting from the performance of the Agreement or from any activity, work, or thing done, permitted or suffered by the Department under or in conjunction with this agreement, unless the Claims are caused wholly by the sole negligence or willful misconduct or the District Parties. The Department shall, to the furthest extent permitted by California law, defend the District at the Department's own expense, from any and all Claim(s) and allegations relating thereto with counsel approved by the District where such approval is not to be unreasonably withheld.

Whereas the cost to defend the District Parties charged to the Department shall not exceed the Proportionate percentage of the Department's fault as determined by a court of competent Jurisdiction, any amounts paid in excess of such established fault will be reimbursed by the District. The District shall have the right to accept or reject any legal representation that the Department proposes to defend the indemnified parties.

8. Insurance. The Department shall procure and maintain at all times it performs any portion of the Services the following insurance:

8.1 General Liability. One Million Dollars ($1,000,000) per occurrence and two Million Dollars ($2,000,000) general aggregate for bodily injury, personal injury and property damage in the form of Comprehensive General Liability and Contractual Liability.

8.2 Law Enforcement Legal Liability Insurance. Ten Million Dollars ($10,000,000).

8.3 Automobile Liability Insurance. One Million Dollars ($1,000,000) per occurrence and One Million Dollars ($1,000,000) general aggregate for automobile liability insurance that shall protect the Department and the District from all claims of Bodily injury, property damage, personal injury, death, and medical payments arising from performing any portion of the Services by the Department.

47 Item 6.

8.4 Workers' Compensation and Employers' Liability Insurance. For all the Department's employees who are subject to this Agreement and to the extent required by the applicable state or federal law, the Department shall keep in full force and effect, a Workers' Compensation policy. That policy shall provide employers' liability coverage with minimum liability coverage of One Million Dollars ($1,000,000) per accident for bodily injury or disease. The Department shall provide an endorsement that the insurer waives the right of Subrogation against the District and its respective elected officials, officers, employees, agents, representatives, Contractors, Trustees, and Volunteers.

8.5 Other Insurance Provisions:

8.5.1. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

8.5.1.1. The District, its representatives, Contractors, trustees, officers, officials, employees, agents, and volunteers
("Additional Insureds") are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Department; instruments of Service and completed operation of the Department; premises owned, occupied or used by the Department; or automobiles owned, leased, hired or borrowed by the Department. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds.

8.5.1.2. For any claims related to the services, the Department's insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the Department's insurance and shall not contribute with it.

8.5.1.3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.

8.5.2. The Department's Insurance shall apply separately to each insured against who claim is made of suit is brought, except with respect to the limits of the insurer's liability.

8.5.3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the District.

8.5.4. The Department shall furnish the District with Certificates of insurance showing maintenance of the required insurance coverage and original 48 Item 6.

endorsements affecting general liability and automobile liability coverage.

The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the District before Services commence.

9. Limitation of District Liability. Other than as provided in this Agreement, the District's financial obligations under this Agreement shall be limited to the payment of the compensation provided in this Agreement. Notwithstanding any other provision of this Agreement, in no event, shall the District be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including but not limited to, lost profits or revenue, arising out of or in connection with this Agreement for the services performed in connection with this Agreement.

10. The Foregoing has been agreed upon by the following:

Spencer Holtom, Superintendent
Oroville City Elementary School District
Date
Bill LaGrone, Chief of Police
Oroville Police Department
Date
David Pittman, Mayor
City of Oroville
Date
49 Item 6.

EXHIBIT A
Scope of Services
The Oroville Police Department will provide the following services:

1. Under the Supervision of the Oroville Police Department, dedicate one (1) full-time School Resource Officer (SRO) to Oroville Elementary School District..

2. The SRO will coordinate enforcement details targeting truancy and assist faculty and staff in the development of a proactive truancy enforcement program.

3. The Oroville Police Department will provide all necessary training that would improve the effectiveness of the SRO.

4. The SRO will participate in home visits to student truants along with outreach workers and attend monthly meetings of the Truancy Team to coordinate with other truancy prevention related services.

5. The SRO will coordinate enforcement details with campus staff targeting students and problem areas involving vandalism, narcotics, weapons on school grounds, fighting, loitering etc. The SRO will work with staff and the surrounding business community to target problems on or off campus involving students.

6. The SRO will assist school staff with the development of yearly safety updates, practice drills and implementation of the school's safety plan.

7. The officer may participate in weekly school meetings and have weekly contact with school administrators.

8. The SRO may also participate in other activities not specifically covered in the MOU that are mutually agreed upon by the Participating Agencies that fall within the total authorized hours/cost.

9. The SRO will be available to assist staff with issues regarding mandated reporting and referrals to the Children's Services Department.

10. The SRO will provide quarterly reports regarding the number of citations, home visits, student and parent contacts, staff and classroom presentations, attend coalition meetings, and other related activities.

11. The term of this contract is five (5) years, beginning August 2023.

12. The Oroville Police Department will provide a quarterly invoice to the District for $12,500.00 dollars for a total of $50,000.00 dollars annually by June 30 each year, and the final invoice will include the End-of-Year Report. The billing to the District shall be invoiced reflecting the total number of hours worked by the SRO for duties requested or required as overtime or straight-time assignments.

13. Overtime will be contracted on an as needed basis and approved by the District prior to working the overtime.
50 Item 6.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: FRED MAYO, PUBLIC WORKS DIRECTOR
RE: SECOND AMENDMENT TO AGREEMENT NO. 3387 FOR

PROFESSIONAL SERVICES WITH NORTHSTAR ENGINEERING
DATE: SEPTEMBER 19, 2023

SUMMARY
The Council may consider a second amendment to an existing Agreement for Professional Services Contract with NorthStar Engineering No.3387 (“NorthStar”). The amendment would authorize adding City Engineer services to the original agreement.

DISCUSSION
The Council previously approved an Agreement for Professional Services with NorthStar of Chico for On-Call Civil Engineering and Planning Services on September 8, 2021. This agreement was later amended to add Quality Assurance / Quality Control services and Construction Management Services to existing Task Orders currently under contract. This second amendment would provide needed City Engineer services for the City until such time as a full time City Engineer can be found.

Some of the typical duties the Consultant City Engineer will perform are:
 Reviews, approves, and signs plans for City projects, and private developments.  Assist with updating and developing City Public Works programs.  Provide mentorship for City staff.
 Assists the City in finding funding sources for transportation project.

The Consultant City Engineer will be bill on an hourly basis and is not to exceed $85,000 in total work.

FISCAL IMPACT
Funds in the amount of $85,000.00 are to come Public Works Administration – Outside services – 100-1160-6360.
51 Item 7.

RECOMMENDATION
Staff recommends that the Council direct the City Administrator to approve amendment #2.

ATTACHMENTS
Amendment #2 City Contract 3387
52 Item 7.

Additional Work Authorization
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ADDITIONAL WORK AUTHROIZATION. #2

TO AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN CONSULTANT AND CLIENT
DATE: August 31, 2023
CLIENT: Brian Ring
City Administrator
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
[email protected]
CONSULTANT: NorthStar
111 Mission Ranch Blvd., Suite 100
Chico, CA 95926
(530) 893-1600
PROJECT: PSA: On-Call Civil Engineering Services No.
3387
NS#: 21-103
A. CLIENT AND CONSULTANT AGREE AS FOLLOWS:

1. This agreement will serve as an additional work authorization to our previous Agreement, dated November 9th 2021. Work under this Agreement will be subject to the terms and conditions of our previous Agreement, except as noted below.

2. Consultant agrees to perform the additional services as set forth on Exhibit “A” attached hereto and incorporated herein by this reference (“Additional Scope of Services”).

3. Client agrees (unless otherwise stated herein) to compensate Consultant for its Services according to the cost proposal attached hereto as Exhibit “B” and incorporated herein by this reference (“Cost Proposal for Additional Work”).

B. GENERAL PROVISIONS:

1. Timeline for Offer to Contract / Termination of Agreement. This offer to contract for additional services is good for 14 days after the date shown below in the Consultant’s signature block. If Client fails to sign this contract within 14 days, the offer for additional services shall be withdrawn making it null and void. Client may terminate this contract by giving notice to Consultant in writing and bringing all outstanding charges current prior to termination of Agreement.

2. Liability Limits. Client and Consultant have discussed the risks and rewards associated with this project, as well as Consultant’s fee for services. Client and Consultant agree to allocate certain of the risks so that, to the fullest extent permitted by law, Consultant’s total aggregate liability to Client and all contractors and subcontractors is limited to three times the contract amount for any and all injuries, damages, claims, losses, expenses or claim expenses (including attorneys’ fees) arising out of this Agreement from any cause or causes.

Such causes include, but are not limited to, Consultant’s negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.

Client further agrees to notify all contractors and sub-contractors of this limitation of Consultant’s liability to them and require them to abide by this limitation of damages suffered by any contractor or subcontractor arising from Consultant’s actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Consultant’s actions or inactions.

3. Preparation of Agreement. By signing the Agreement, both parties consent that the Agreement has been prepared and negotiated equally by Client and Consultant. 53 Item 7.

Additional Work Authorization
NS#: 21-103 Page 2 of 6
IN WITNESS WHEREOF, the parties hereby execute this Agreement upon the terms and conditions stated above and on the date first above written.

CLIENT: CLIENT:

BY: BY:

TITLE: TITLE:

SIGNED: SIGNED:

DATE: DATE:

CONSULTANT: CONSULTANT:

BY: Robin Kampmann, PE BY: Mekena Galka, PE
TITLE: Senior Engineer TITLE: Assistant Engineer
LICENSE NO. RCE 73943 LICENSE NO. RCE 94638
SIGNED: SIGNED:

DATE: DATE:

ATTACHMENTS included and made a part of this agreement:

X EXHIBIT “A” ADDITIONAL SCOPE OF SERVICES
X EXHIBIT “B” COST PROPOSAL & STANDARD RATE SCHEDULE
EXHIBIT “C”
EXHIBIT “D”
54 Item 7.

Additional Work Authorization
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EXHIBIT “A”

SCOPE OF SERVICES
As requested NorthStar will provide the City Engineer/Surveyor services described below for one (1) year from September 1st , 2023. At such time, the contract may be extended with terms agreed upon by both the City of Oroville and NorthStar. The contract may be terminated by either party with a 30 day notice for any reason.

The services include:

Provide City Engineer services as requested by the City of Oroville City Administrator and Public Works Director. The general duties of the City Engineer may include the following:
• Performs the duties of the City Engineer as prescribed by State law and City ordinances, including overseeing the preparation of engineering plans and specifications, the construction of public projects, and the administration of professional service, construction, maintenance, and other contracts. • Reviews, approves and signs plans and specifications for City infrastructure and facilities, assessment districts, subdivisions, and developments.
• Confers with and represents the Public Works Department, Engineering Department, and the City in meetings with members of the City Council, members of boards and commissions, various governmental agencies, developers, contractors, business and industrial groups and the public. • Assists in the update and development of programs including but not limited to the Capital Improvement Program and other programs related to municipal infrastructure. • Oversees traffic engineering, airport engineering, and transportation planning activities; develops local, state, and federal funding sources for such activities. • Provide mentorship to city staff and documentation when needed.

Provide City Surveyor services as requested by the City of Oroville City Administrator and Public Works Director. The general duties of the City Surveyor may include the following:
• Review of Parcel and Final maps, and technical review of Tentative Maps, for consistency with the City of Oroville Municipal Code and Ordinances, the State of California Subdivision Map Act and acceptable engineering and surveying practices in the State of California for preparation of parcel and final maps. • Review of maps for technical correctness includes review of title reports, closure calculations, deeds, adjoiner deeds, relevant maps affecting the subdivision, easement locations, map format, dedications to the public, locations of proposed and existing monuments, consistency with the approved tentative map, conditions of approval, CEQA compliance, public improvement plans, on-site development plans and Town Right of Way needs.
• Review of plats and legal descriptions in conjunction with lot line adjustments, mergers, certificates of compliance, certificates of corrections, street and easement vacations, and other development related reviews, as assigned.

Robin Kampmann, PE will be the acting City Engineer and Mekena Galka, PE will be the primary point of contact for the City. Robin or a selected representative will perform services and attend meetings on an as needed basis up to thirty-two (32) hours per month. Regular hours at City Hall will not be included in this task. Robin, or a selected 55 Item 7.

Additional Work Authorization
NS#: 21-103 Page 4 of 6
representative will be available to attend any necessary City Council meetings, as determined by the City Administrator.

Robin will identify the need for additional NorthStar staff with consultation and approval of the City Administrator to ensure that the City’s needs are being met. Additional staff may include, but is not limited to:

Fritz Mckinley, PE - Engineering
Michael Mays, LS – Land Surveying
Mekena Galka, PE – Engineering
Tim Alldrin, PLS – Land Surveying
Additional hours may be requested by the City Administrator. If necessary additional services, not listed in the scope of work, are requested NorthStar will provide the City with a Task Order with a description of the additional services such as land surveying or the development of construction documents. The exact scope of work will be established for each Task Order and will require approval by the City of Oroville prior to starting the work. 56 Item 7.

Additional Work Authorization
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EXHIBIT “B”

COST PROPOSAL
CONSULTANT FEE: This is a time and material task that will be billed at the current hourly rate for the staff member completing the work and is not to exceed $85,000. The following hourly rates will be used for the anticipated staff performing work as part of this task order.

Robin Kampmann, PE $220.00 per hour
Fritz Mckinley, PE $196.00 per hour
Michael Mays, LS $196.00 per hour
Mekena Galka, PE $150.00 per hour
Tim Alldrin, PLS &172.00 per hour
A Standard Hourly Rate sheet is included on the next page for reference. 57 Item 7.

Additional Work Authorization
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EXHIBIT “B”

STANDARD HOURLY RATES
Effective July 1, 2023 through June 30, 2024*
Engineering/Surveying Hourly Rate
Principal Engineer/Surveyor $240
Senior Managing Engineer/Surveyor $220
Senior Engineer/Surveyor $196
Associate Engineer/Surveyor $172
Assistant Engineer/Surveyor $150
Junior Engineer $130
Senior Designer/Technician $142
Associate Designer/Technician $120
Assistant Designer/Technician $100
One Person with GPS/Robotic (Party Chief) $190
Two-Person Survey Crew $260
Party Chief (Prevailing Wage) $210
Two-Person Survey Crew (Prevailing Wage) $335
Architecture Hourly Rate
Senior Architect $180
Project Architect $165
Assistant Architect/Senior Architectural Job Captain $150 Architectural Job Captain $135
Architectural Drafter $115
Planning Hourly Rate
Principal Planner $180
Administrative Hourly Rate
Project Management $170
Administrative $100
Other Rate
Litigation Support – Expert Witness Testimony $500 per hour Mileage Current Federal Rate
Reproduction, Materials, Fees, Special Mail, etc. Cost + 15% Subcontractors Cost + 15%
*Rates typically increase 4-5% per year
58 Item 7.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: AMY BERGSTRAND, DIRECTOR

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: PROFESSIONAL SERVICES AGREEMENT WITH EVIE FELDMAN,

BETTER HOMES AND GARDENS REAL ESTATE, FOR REAL ESTATE

BROKER SERVICES
DATE: SEPTEMBER 19, 2023

SUMMARY
The Council may consider a Professional Services Agreement with Evie Feldman, Better Homes and Gardens Real Estate, for Real Estate Broker Services with a term of September 19, 2023 through September 30, 2025.

DISCUSSION
The City of Oroville wishes to enlist a local real estate broker/firm with qualified personnel who have previous experience in providing real estate brokerage services to governmental clients to sell real property located within the city-limits of Oroville. Additionally, staff would utilize the agent’s services for other real estate transactions as they arise for a period of two years.

Services provided could include the following:

1. Preform Market Analysis,

2. Develop Strategies for the sale of city-owned properties,

3. Assist the City with Advertising the sale of select properties,

4. Participate in scheduled tours of city-owned properties with potential buyers,

5. Coordinate all customary activities required for the sale of city-owned properties (including inspections, appraisals, signings, closings),

6. Provide economic analysis of all offers and prepare report of such analysis,

7. Work with staff to negotiate purchases/trades of properties for future affordable housing projects,

8. Make presentations to the City Council, as needed.

City staff released the Request for Proposal on August 17, 2023, to be due by 3:30 p.m., on August 31, 2023. The City received four (4) proposals, one of which was received after 3:30 p.m. and was not considered. City staff reviewed all proposals and recommends entering into a Professional Services Agreement with Evie Feldman of Better Homes and Gardens Real 59 Item 8.

Estate. Ms. Feldman’s proposal was well prepared, responsive to the City’s needs and appeared to be the lowest cost to the City.

Fee Schedule
Listing and selling properties -5%
When properties are list on the Multiple Listing Service (MLS), 2.5% is offered to the agent who represents the buyer and the transaction closes successfully.

Purchasing properties on behalf of the City listed on the MLS, Better Homes and Gardens will accept the commission published in the MLS.

Purchasing properties on behalf of the City listed not on the MLS, Better Homes and Gardens will accept 2.5%.

FISCAL IMPACT
No General Fund Impact
Appropriation is available in the 2023-204 Housing Program Fund (220). The current/unencumbered balance as of June 30, 2023, is $899,575.00

RECOMMENDATION
Adopt Resolution No. xxxx – A RESOLUTION OF OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT WITH EVIE FELDMAN OF BETTER HOMES AND GARDENS

REAL ESTATE FOR REAL ESTATE BROKER SERVICES FOR A PERIOD OF TWO YEARS.

ATTACHMENTS
A-Resolution No. xxxx
B-Agreement No. xxxx
60 Item 8.

AGREEMENT FOR PROFESSIONAL SERVICES
(Agreement No. xxxx)
This Agreement is made and entered into as of September 19, 2023, by and between the City of Oroville, a municipal corporation (“City”) and Evie Feldman of Better Homes and Gardens Real Estate (“Consultant”).

RECITALS
1) Consultant is experienced and competent to, provide real estate brokerage services to governmental clients to sell real property located within the city limits of Oroville; and
2) Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein; and
3) City desires to retain Consultant to render the professional services as set forth in this Agreement.

AGREEMENT
1) SCOPE OF SERVICES. The Consultant shall furnish the following services in a professional manner: Consultant shall perform services by providing real estate brokerage services to the City of Oroville as described below:
a) Perform Market Analysis,
b) Develop Strategies for the sale of City owned properties, c) Assist City in advertising the sale of select properties (this list is subject to change),
61 Item 8.
d) Participate and schedule site tours of City-owned and/or Successor Agencyowned properties and potential buyers, e) Coordinate real estate appraisals, as necessary,
f) Evaluate offers received and prepare narrative analysis of each offer including an economic analysis,
g) Coordinate real estate transactions and closings,
h) Work with City staff to negotiate land sales, buyers and prospects, i) Recommend best possible offer, providing backup, as necessary, to substantiate,
j) Handle all customary activities and service associated with real estate transactions (including legal, survey and title work),
k) Provide Monthly Reports on the status of the project, including timelines and action plans,
l) Services may include consultation with City staff, and the City of Oroville’s City Council and/or Successor Agency, relating to the sale of real estate.

Presentations at public meetings may be required.

2. TIME OF PERFORMANCE. The services of Consultant are to commence upon execution of this Agreement and shall continue until September 30, 2025.

3. COMPENSATION. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. Payment by City under this Agreement shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.
62 Item 8.

4. METHOD OF PAYMENT. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for this Agreement, no further payments shall be made for services until the final work for each audit under this Agreement has been accepted by City.

5. EXTRA WORK. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of Consultant’s services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant Shall not perform, nor be compensated for, Extra Work without prior written authorization from City.

6. TERMINATION. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days’ written notice of termination.

Upon termination, Consultant shall be entitled to compensation for services properly performed up to the effective date of termination.

7. OWNERSHIP OF DOCUMENTS. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such 63 Item 8.
work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents, and other writings to City within three (3) days after written request.

8. LICENSING OF INTELLECTUAL PROPERTY. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in documents or works of authorship fixed in any tangible medium of expression, including but not limited to, data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement.

Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which may be provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9. CONFIDENTIALITY. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to 64 Item 8.

Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

10. LOBBYING
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

11. CONSULTANT’S BOOKS AND RECORDS.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, expenditures and disbursements charged 65 Item 8.
to City for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when its practical to do so.

Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained by City Hall.

12. INDEPENDENT CONTRACTOR. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be 66 Item 8.
an independent contractor and shall not act as an agent or employee of the City.

Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.

13. INTEREST OF CONSULTANT. Consultant (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:

1. will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or any City official, other than normal agreement monitoring; and

2. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

14. PROFESSIONAL ABILITY OF CONSULTANT. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. All work under this agreement shall be performed by Consultant and shall be in accordance with 67 Item 8.
applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

15. COMPLIANCE WITH LAWS. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

16. LICENSES. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are required by the City for its business.

17. INDEMNITY. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising from its performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising from the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.

18. INSURANCE REQUIREMENTS. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the Agreement, the insurance coverage and policies as set forth in Exhibit “B” attached hereto.

19. NOTICES. Any notice required to be given under this Agreement shall be in writing 68 Item 8.
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: Business Assistance/Housing Development
Amy Bergstrand
City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
If to Consultant:

Evie Feldman,
Better Homes and Gardens Real Estate
1453 Downer St. Suite B
Oroville CA 95965

20. ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations are superseded in total by this Agreement.

21. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

22. ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express prior written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement 69 Item 8.
without the prior written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for the performance of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

23. WAIVER. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

24. SEVERABILITY. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

25. CONTROLLING LAW VENUE. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Butte.

26. LITIGATION EXPENSES AND ATTORNEY’S FEES. If either party to this Agreement commences any legal action against the other part arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

27. MEDIATION. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the 70 Item 8.
costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to American Arbitration Association (AAA) or its successor in interest. AAA shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by AAA and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

28. EXECUTION. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

29. AUTHORITY TO ENTER AGREEMENT. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

30. PROHIBITED INTERESTS. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent 71 Item 8.
upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

31. DISCRIMINATION ACTS AND ASSURANCES The Consultant during the performance of this Agreement assures that no otherwise qualified person, shall be excluded from participation or employ, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, or handicap, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development Act of 1974, as amended, and the Age Discrimination Act of 1975, and all implementing regulations.

32. SECTION 3 REQUIREMENTS The work to be performed under this contract is on a project assisted under a program assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of this project. The parties to this Agreement will comply with the provisions of said Section 3 and the 72 Item 8.
regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFG Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The City at direction from the State, will take appropriate action pursuant to this contract upon a finding that the Consultant or its subcontractor(s) is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135.

33. NONDISCRIMINATION CLAUSE. During the performance of this contract, consultant and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Consultant shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et. seq.) And the applicable regulations promulgated thereunder (California Code of Regulation, Title 2, Section 7258.0 et. seq.) The applicable regulations of the Fair Housing Commission implementing the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full.

Consultant shall give written notice of their obligation under this clause to labor organizations with which they may have a collective bargaining or other agreement. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this contract. 73 Item 8.

34. EQUAL EMPLOYMENT OPPORTUNITY. In rendering the services contemplated by this agreement with CITY, Consultant shall not discriminate against any employee or applicant for employment because of race, color, creed, sex, age, or national origin. Consultant shall comply with Title IV of the Civil Rights Act of 1964 and shall provide such reports as may be required to carry out the intent of this section. Consultant shall also comply with Executive Order 11246, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR, Part 60).

Furthermore:
a. Consultant shall take affirmative action to insure that job applicants are employed and that employees are treated during employment without regard to race, religion, sex, color, age, national origin, or physical handicap. The term "affirmative action" shall include, but not be limited to:
employment, upgrading, demotion or transfer; recruitment advertisement; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
b. Consultant agrees to post such notices, to be provided, setting forth the provisions of this equal employment opportunity and affirmative action program.
c. Consultant shall in all solicitations or advertisements for employees placed by or on behalf of the Consultant state that all qualified applicants will receive consideration to employment without regard to race, religion, sex, color, age, national origin, or physical handicap. Notification that Consultant 74 Item 8.
is an "Equal Opportunity Employer" or "EOE" constitutes satisfaction in this notice requirement.

35. FAIR EMPLOYMENT PRACTICES. Consultant will permit access to records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices Provision. In the event of any violations by the Consultant of state fair employment laws, the State of California shall have the right to terminate this agreement either in whole or in part. In the event of such termination, any loss or damage sustained by the State of California and/or the City in securing the goods or services hereunder shall be borne and paid for by the Consultant and by their surety under performance bond, if any, and, in addition to other remedies, the State of California and the City may deduct from any monies due or that thereafter become due to the Consultant the difference between the price named in the particular agreements and the actual cost thereof to the State of California and the City.

36. COMPLIANCE WITH LABOR CODE OF STATE OF CALIFORNIA Pursuant to the provisions of Section 3700 of the Labor Code, Consultant will require every employer to be insured against liability for workman's compensation, or to undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before commencing the performance of the work of a particular agreement. Furthermore, Consultant shall also provide evidence of 75 Item 8.
workmen's compensation insurance, unemployment insurance and disability insurance to cover all of Consultant's employees.

37. THE CIVIL RIGHTS ACT, HCD, AGE DISCRIMINATION AND REHABILITATION ACTS ASSURANCE During the performance of this contract the Consultant assures that no otherwise qualified person shall be excluded from the participation or employment, denied program benefits, or be subject to discrimination based on race, color, national origin, sex, age or handicap, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, Title I, of the Housing and Community Development Act of 1974, as amended, the Age Discrimination Act of 1975 and the Rehabilitation Act of 1973, and all implementing programs.

38. THE TRAINING, EMPLOYMENT AND CONTRACTING OPPORTUNITIES FOR

BUSINESS AND LOWER INCOME PERSONS ASSURANCE OF COMPLIANCE a. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C., 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provisions of said Section 3 76 Item 8.
and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.
c. The Consultant will send to each labor organization or representative of workers with which there is a collective bargaining agreement or other contract or understanding, if any, a notice advertising the said labor organization or worker's representative of the commitment under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The Consultant will include this Section 3 Clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon finding the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided a preliminary statement of ability to comply with the requirements of these regulations.
e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the 77 Item 8.
federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns.

Failure to fulfill these requirements shall subject the applicant or recipient, its contractor or subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.

39. STATE NONDISCRIMINATION CLAUSE
a. During the performance of this contract, Consultant and its subcontractors shall not lawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), or sex.

Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code Section 12990), set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code, are incorporated into this contract by reference and made a part hereof as if set forth in full. Consultant and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
78 Item 8.
b. This Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this contract.
79 Item 8.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF OROVILLE
___________________________________
Daivid Pittman, Mayor
Consultant
___________________________________
Evie Feldman, Broker
APPROVED AS TO FORM: ATTEST:

By:______________________________ By:___________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk Attachments: Exhibit A– Scope of Services
Exhibit B– Schedule of Charges
Exhibit C-Insurance Requirements for Consultants
80 Item 8.

Exhibit A
Scope of Services
The Consultant shall furnish the following services in a professional manner: Consultant shall perform services by providing real estate brokerage services to the City of Oroville as described below:
a) Perform Market Analysis,
b) Develop Strategies for the sale of City owned properties, c) Assist City in advertising the sale of select properties (this list is subject to change),
d) Participate and schedule site tours of City-owned and/or Successor Agencyowned properties and potential buyers, e) Coordinate real estate appraisals, as necessary,
f) Evaluate and recommend offers received and prepare narrative analysis of each offer including an economic analysis,
g) Coordinate real estate transactions and closings,
h) Work with City staff to negotiate land sales, buyers and prospects, i) Handle all customary activities and service associated with real estate transactions (including legal, survey and title work),
j) Services may include consultation with City staff, and the City of Oroville’s City Council and/or Successor Agency, relating to the sale of real estate.

Presentations at public meetings may be required.
81 Item 8.

Exhibit B
Schedule of Charges
Listing and selling properties -5%
When properties are list on the Multiple Listing Service (MLS), 2.5% is offered to the agent who represents the buyer and the transaction closes successfully.

Purchasing properties on behalf of the City listed on the MLS, Better Homes and Gardens will accept the commission published in the MLS.

Purchasing properties on behalf of the City listed not on the MLS, Better Homes and Gardens will accept 2.5%.
82 Item 8.

Exhibit C
Insurance Requirements for Consultants
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, or employees.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).

2. Errors and Omissions Liability insurance appropriate to the consultant’s profession. Architects’ and engineers’ coverage is to be endorsed to include contractual liability.

Minimum Limits of Insurance
Consultant shall maintain limits no less than:

1. Automobile Liability: $300,000/$500,000 per accident for bodily injury and property damage.

2. Errors and Omissions Liability: $1,000,000 per occurrence.

Business License
Consultant must obtain a City of Oroville Business License, at their own expense.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Entity.

At the option of the Entity, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Entity, its officers, officials, employees and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
83 Item 8.

1.The Entity, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant.

2.For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3.Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the Entity.

4.Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Verification of Coverage
Consultant shall furnish the Entity with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the Entity or on other than the Entity’s forms provided those endorsements conform to Entity requirements. All certificates and endorsements are to be received and approved by the Entity before work commences. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
84 Item 8.

CITY OF OROVILLE
RESOLUTION NO. 9184

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA,

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT WITH EVIE FELDMAN OF BETTER HOMES AND GARDENS REAL ESTATE FOR REAL ESTATE BROKER SERVICES THROUGH SEPTEMBER 30, 2025.
(Agreement No. 3470)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute a Professional Services Agreement with Evie Feldman of Better Homes and Gardens Real Estate for Real Estate Broker Services. A copy of the Agreement is attached to this resolution.

4. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on September 19, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 85 Item 8.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: FRED MAYO, PUBLIC WORKS DIRECTOR
RE: FAA FLIGHT CHECK OF PRECISION APPROACH PATH INDICATOR (PAPI) SYSTEM FOR RUNWAYS 13/31 AND 02/20 FOLLOWING

REPLACEMENT TO VERIFY CALIBRATION
DATE: SPETEMBER 19, 2023

SUMMARY
The Council is requested to approve an estimated expenditure not to exceed $28,274.00 to the FAA to provide a reconfiguration flight inspection of the Precision Approach Path Indicator (PAPI) system on runways 13/31 and 02/20 at Oroville Municipal Airport.

DISCUSSION
The City replaced the PAPI light fixtures on runways 13/31 and 02/20 in early 2022.

Following replacement, it is a requirement of the FAA to perform flight check verifications / reconfiguration flights to verify that the lights are precisely adjusted following manual calibration performed by City staff. These lights are used during nighttime and poor weather / low visibility conditions to assist pilots during landing operations to verify proper “glide path” heights for approach. It is imperative that these lights are precisely adjusted and verified by the FAA to prevent landing incidents.

FISCAL IMPACT
This project is to be funded by through the Airport fund; outside government services.

RECOMMENDATION
Approve estimated expenditure of $28,274.00 for reconfiguration flight check by FAA for PAPI verification
ATTACHMENTS:

Explanation of process and timeline for FAA action including projected costs 86 Item 9.

87 Item 9.
88 Item 9.
89 Item 9.
90 Item 9.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: FRED MAYO, DIRECTOR OF PUBLIC WORKS
RE: PAVING PROJECT UPDATE
DATE: SEPTEMBER 19, 2023

SUMMARY
Staff will present an update to the Council regarding numerous important road projects that are currently in progress and set to begin construction in the fiscal years 2023/24 and 2024/25 for the City.

DISCUSSION
Staff has an updated list of pavement reconstruction projects that have been identified as priorities for the fiscal years 2023/24 and 2024/25construction seasons. Specifically:

Highway 162 Project – The project scope includes the following elements: new sidewalk, curb, and gutter; ADA ramps; street lighting; high-visibility crosswalk striping; buffered bicycle lanes; an RRFB crosswalk enhancement; a multi-use trail connection to SR 162; and an enhanced pedestrian crossing with a signal (H.A.W.K.) upgrade. The main benefit of the project will be to provide improved safety and more inviting active transportation connections on the corridor.

Nelson Avenue at SB 70 Offramp – A large pavement failure exists at the end of the off ramp at Nelson Avenue. Staff believes that subsurface conditions are preventing conventional maintenance procedures from being successful. Maintenance staff has expended a significant amount of time and resources at this location. This project has been delayed to allow coordination with Thermalito Water Sewer District to complete their water main replacement project.

Montgomery Roundabout Improvements - Roundabout Evaluation Circulation and functionality of the roundabout will be assessed. A traffic study will be done to determine what optimizations can be made to the roundabout. Grind and remove: Existing 3-4” asphalt concrete repaved with new asphalt overlay. The roundabout will receive new thermoplastic striping for a clear delineation of traffic flow.

Historic Downtown Pavement Improvements – Staff are working to assess these roadways to identify the ones of highest priority that need maintenance/rehabilitation and will proceed with design as the budget allow maintenance solutions: roadways will receive, crack seal, dig outs, and resurfacing on an as needed basis to prolong their life and extend the need for costly reconstruction where possible. Identified projects include Montgomery Street resurfacing from 91 Item 10.

Meyers Street to the Montgomery Roundabout, Meyers Street Crack seal from Montgomery Street to High Street
Washington Ave Improvements - The Washington Ave paving project is currently in the design and engineering phase. This project involves several components, including roadway reconstruction, the potential addition of bike lanes, installation of illuminated crosswalk signage, and the potential removal of on-street parking (staff will seek direction). It's a crucial part of the long-range plan to enhance bike lane connectivity between north and south Oroville.

Yard Street at Bridge Street – Staff received a request to update the access ramps at the intersection. All four corners needed some level of reconstruction necessitating a significant reconstruction of the intersection. This project was completed August 2023.

Table Mountain Blvd - The Table Mountain/Washington Ave corridor project aims to revamp the area by connecting the city with a network of bike lanes and pedestrian pathways, including streetscape improvements, upgraded bus stops, sidewalk enhancements, and a connection from Table Mountain to Washington Ave at Highway 162.

Ophir Road - The project involves grinding down and replacing an existing roadway, covering approximately half a mile within the city limits. It is scheduled for construction in the 2024 season and will receive partial funding from the Community Development Block Grant Program (CDBG). Additionally, Butte County has plans to replace the roadway outside the city limits during the same 2024 construction season.

Linden Ave - The Linden Ave project involves installing curb and gutter, repaving, and widening the paved section of the road. Currently, Linden Ave has a narrow roadway with street parking on both sides. This setup allows for only 12 feet of clearance when vehicles are parked, which could hinder the ability of first responders and public work crews to perform their duties effectively.

Procurement of Asphalt Management Program – Staff recommends researching the purchase of a Pavement Management software platform. This software will help assess and track current roadway conditions, plan both short and long-term roadway reconstruction projects, and strategically address pavement issues.

FISCAL IMPACT
Funding sources vary for all of these projects, and include a variety of funds restricted for roads, grant funds and general purpose revenue.

RECOMMENDATION
Staff are seeking the following:

1. Input on the overall plans for FY 2023/24 and FY 2024/25;

2. Direction on Washington Avenue; and

3. Direction on Linden Ave.
92 Item 10.

ATTACHMENTS
PowerPoint presentation of projects
93 Item 10.

PUBLIC WORKS STREET DEPARTMENT
PROJECTS FISCAL YEARS 23/24 and 24/25
94 Item 10.

Street Projects Programmed FY 23/24
Current Projects
HWY 162 Project
Construction planned for early spring 2024 (City) sidewalk gap eliminations, improvements and underground streetlight infrastructure improvements RFP to advertised December 2023.

Nelson Road Pavement Restoration Project
Spring 2024 project that may be pushed to late Spring to accommodate Thermalito water construction.

Montgomery Roundabout Improvements
New pedestrian illuminated crossings, traffic calming, restriping bike lane improvements and connectivity to Washington Ave (Engineering and Design )
Historic Downtown Roadway Improvements – Phase 1 (base failures and slurry) Spring 2024 and outgoing years.

Washington Ave – design work
Yard and Bridge Streets project was completed July 2023 and accepted August 2023 Procurement of Asphalt Management Program (PCI pavement condition index) Winter 2023, estimated program implementation in FY 2024. 95 Item 10.

Planned Projects FY 24/25
Washington Ave Asphalt Replacement (construction)
• New bike lanes.
• Illuminated pedestrian crossings signage.
• Project Limits: U.P. bridge to Hwy 162.
• Removal of street parking.

Table Mountain Blvd Street Improvement:
• Bike lane connectivity north-south. Engineering/EIR
• Traffic calming measures, restriping.

Ophir Road Resurfacing.

Linden Ave Curb Asphalt Restoration:
• Drainage improvements.

Historic Downtown Roadway Improvements - Phase 2.
96 Item 10.

Highway 162 Frontage
Improvement Project
This project represents a transformational
endeavor for the Highway 162 frontage area.

Key elements of the project include: • Installation of new sidewalks for gap elimination enhance pedestrian accessibility
with bike lanes.
• Construction of curb and gutter systems for
improved drainage.
• Implementation of storm drains to manage
rainwater efficiently.
• Upgrades to driveway approaches for
convenience and safety.
• Installation of new underground
infrastructure.
• Next steps: Construction bid in December
97 Item 10.

Hwy 162
Project Budget Breakdown
Total Project Construction Cost: $7.45 million
Funding sources:

ATP Grants (Active Transportation Projects): $3.4 million RSTP (Regional Surface Transportation Program): $1.16 million LTF (Local Transportation Funds): $923,000
REAP Grant Funding: $397,000
SB1 Funding: $488,000
DWR Settlement Funds: $500,000
Measure U Revenues: $530,000
While the project is budgeted to cover its costs with these funding sources, exploring additional or alternative funding sources is a prudent approach to ensure the successful completion of this significant transportation project. 98 Item 10.

Nelson Rd 4th Street
Repair
• Grind and Removal: Existing asphalt and
road base will be removed.
• New Road Base Installation: Two feet of
new road base material will be installed to
create a solid foundation.
• New Asphalt Overlay: The road will receive
a new asphalt overlay.
• Thermoplastic Striping: The project will
include the application of thermoplastic
striping for clear and durable road
markings.
• Next Steps: Work with TWSD and Knife River
on timing
99 Item 10.

Nelson Ave
Project Budget Breakdown
Funding Source: SB-1
Amount: $283,526.00
Project Scope:

Removal and replacement of unraveling asphalt.

Repair of damaged road base.

Comprehensive rehabilitation of roadbed and surface.

Installation of new striping.
100
Item 10.

Montgomery Street Roundabout
Roundabout Evaluation: the Circulation and functionality of the roundabout will be assessed.

Traffic Counts: A traffic study will be done to determine what optimizations can be made to the roundabout
Grind and Remove: Existing 3-4” asphalt concrete.

New Asphalt Overlay: The roundabout will be repaved with new asphalt overlay Thermoplastic Striping: The roundabout will receive new thermoplastic striping for a clear delineation of traffic flow
Pedestrian and Bike Facilities: New signage and bike lane striping will be evaluated 101
Item 10.

Montgomery Street Roundabout
Project Budget Breakdown
Montgomery Street Roundabout Rehabilitation and Improvements Construction estimated costs $ 1.2 million
Engineer design and project management $37,000.

Identified Funding Sources:
$150,000 LTF
$600,000 Measure U Funds
$450,000 Traffic Impact Fees
102
Item 10.

Historic Downtown Roadway Improvement
Scope of Work:

Survey: An aerial survey has been compiled of the
entire downtown area for current and future
maintenance projects
Identifying Areas of Improvement: City Staff and
Council will identify roadways that need
maintenance/rehabilitation and will proceed with
design as the budget allows
Maintenance Solutions: Roadways will receive, crack
seal, dig outs, and resurfacing on an as needed basis
to prolong their life and extend the need for costly
reconstruction where possible.

Potential Projects for 2024
Montgomery Street: Resurfacing from Meyers Street
to the Montgomery Roundabout
Meyers Street: Crack seal from Montgomery Street
to High Street 103
Item 10.

Project Budget Breakdown
Historic Downtown Street Improvements - Phase One:

Construction Budget: $350,000.00
Funding Source: SB-1 RMRA (Road Maintenance and Rehabilitation Account) 104
Item 10.

Washington Ave Project FY
24/25
Scope of Work:

Resurfacing and repair of the roadway.

Implementation of new bike lanes to
benefit three schools in the program area.

Installation of new illuminated sidewalk
signage.

Project Limits:

From UPRR (Union Pacific Railroad) to
Hwy 162.

This project aims to improve road quality,
enhance safety for students attending
nearby schools.
105
Item 10.

Washington Ave
Project Budget Breakdown
Construction Estimated Costs: $2.5 - $3.0 million dollars Requested Funding Sources:

BCAG-CMAQ (Butte County Association of Governments - Congestion Mitigation and Air Quality Improvement Program) for grant funding
Possible funding streams from Measure U or Transportation Impact Fees Projected Year of Completion: FY 24/25
Securing funding from these sources will play a critical role in supporting this essential project, which will enhance transportation infrastructure and contribute to improved air quality in our community. 106
Item 10.

Pavement Management Software System
Scope of Work:
• Pavement Assessment: A third party company evaluates and catalogs all roadways within the City limits allowing staff to address improvement needs based on use, roadway condition, and budget
• Strategically Address Pavement Issues: Each roadway is evaluated to consider what condition they are in, what is needed to extend its lifespan, and how much the project cost will be:
• Long Range Planning: With a better understanding of the roadways in the city, and the future cost of maintenance/rehabilitation, the City can efficiently schedule and budget infrastructure projects based on the data received.
• Results: With the forecasting ability provided by the Pavement Management Software, the City can plan roadway projects years in advance and focus on the most pressing roadway issues. 107
Item 10.

Table Mountain Blvd Street
Improvement
Goals of this project:
• Promote walking and biking
• Improve safety
• Beautification of the streetscape.
• Improvements proposed:
• Curb, gutter, and sidewalk gap closures.
• LED pedestrian crossing beacons.
• Two-way cycle track.
• Enhance bus stops with upgraded shelters and bus turnouts. • Landscaped medians.
• Street trees.
• Streetlights.
• Repave portions of TMB 108
Item 10.

Table Mountain Boulevard Complete Streets Project
Timeline and Budget
Environmental Assessment (PA&ED)
Start in FY 23/24
Estimated Cost: $100,000 (Local Funds)
Design Phase (PS&E)
FY 24/25-25/26
Estimated Cost: $500,000 (Grant)
Potential grant funding for design and construction (STIP, CMAQ, ATP, etc.) Construction
FY 25/26-26/27
109
Item 10.

Ophir Road Resurfacing
Approximately one ½ mile
section in City limits
Grind and replace existing
roadway
2024 Construction Season
Partially funded by
Community Development
Block Grant Program (CDBG)
Butte County plans to replace
roadway outside City limits in
2024 Construction Season
110
Item 10.
111
Item 10.

Project Budget Breakdown
Linden Ave Street Improvements
Construction estimated costs $ 200,000
Local SB-1 funding
Engineering design ready for 2024 construction season
112
Item 10.

Council Direction

1. Provide any general feedback on this FY 23/24 and 24/25 plan;

2. Provide direction on Washington Ave; and

3. Provide direction on Linden.
113
Item 10.

Public Works Stripping Program
Public Works has completed 13 miles of road striping using our new equipment.

The Streets department re-stripes all crosswalks and stop bars near schools every year.

This is a new program implemented by our staff. The Street Department's striping plan involves re-marking the city streets on a 4-year cycle.
114
Item 10.

Rolls, Anderson and Rolls Projects
Georgia Pacific Way - Feather River Boulevard to Baggett Marysville Road. Improvements to include Pavement reconstruction, ADA curb ramp compliance and drainage improvements. $94,400.00.

Oro Dam Boulevard East – Washington Avenue to Orange Avenue. Improvements to include Pavement reconstruction, ADA compliance, bike lanes, curb, gutter, and sidewalks. $96,600.00 Norton Avenue – Montgomery Street to Bridge Street. Improvements to include pavement reconstruction, drainage improvements, road widening, on street parking, curb, gutter, and ADA curb ramp compliance. $51,050.00 Funding Sources
The funds in the amount of $191,000 will come from Measure U Funds for Georgia Pacific Way and Oro Dam Boulevard East (included in FY 23/24 budget)
Norton Avenue $26,050.00 will come from Transportation Impact Fees, and $25,000.00 will come from Drainage Impact Fees. 115
Item 10.

OROVILLE

END CONSTRUCTION
Creek
Berry
To
FEATHER RIVER Br
SOUTH OROVILLE Sep
Ln
To Chico

MONTGOMERY
St
VEATCH St
DAM
Blvd
OROTo Marysville

LINCOLN
St
Union Pacific
Railroad
Feather River
Dry Creek
Feather
River
ROUTE
162 SOUTH OROVILLE UP
ROUTE
162
ROUTE 70
FEATHER RIVER Blvd
7TH Ave
HUNTINGTON Ln
ROUTE 162
PM 18.5

GILMORE
Ln
CENTER
Dr

MEDICAL
EXUCUTIVE Pkwy
LOWER WYANDOTTE Rd
OLIVE
Hwy
FAY
WAY
FOOTHILL Blvd
KAMPONG Ct
ARBOL
Ave
FOOTHILL Blvd
GRAVELRIDGE Dr

HILDALE
Ave
HILDALE Ave
MESA
Ave
5th Ave
POMONA
Ave

MONTGOMERY
St

MITCHELL
MYERS St
CITY
LIMITS

OROVILLE

BEGIN CONSTRUCTION
PM 15.6
03 But 15.6/18.46
CIVIL

NO SCALE
162

TO FOOTHILL BOULEVARD
FROM FEATHER RIVER BRIDGE (BR No. 12-0034)
ON ROUTE 162 IN OROVILLE

IN BUTTE COUNTY
xx
x
x
x

LAST REVISION

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

PROJECT PLANS FOR CONSTRUCTION ON

STATE HIGHWAY

PROJECT MANAGER
SHEET

DEL NORTE

SISKIYOU MODOC

HUMBOLDT

TRINITY SHASTA LASSEN
TEHAMA

MENDOCINO
GLENN
PLUMAS
SIERRA
NEVADA
PLACER

YUBA COLUSA
LAKE
YOLO

SONOMA NAPA

EL DORADO
MARIN

AMADOR ALPINE

CALAVERAS CONTRA
COSTA

TUOLUMNE
MONO
SANTA
CLARA

SANTA CRUZ

STANISLAUS MARIPOSA
MERCED
MADERA
FRESNO

MONTEREY
INYO
TULARE
KINGS

OBISPO KERN
SANTA

BARBARA

VENTURA

LOS ANGELES

SAN BERNARDINO

RIVERSIDE

SAN DIEGO IMPERIAL
ORANGE
SOLANO

ALAMEDA
MENTO
SACRAJOAQUIN
SAN
SAN
BENITO
SAN
LUIS
SUTTER

SAN FRANCISCO

SAN MATEO
Dist COUNTY ROUTE
TOTAL

TOTAL PROJECT SHEETS

LOCATION MAP
DATE PLOTTED =>
11:16
3-JUL-2023

POST MILES
No.

OF LICENSE AS SPECIFIED IN THE "NOTICE TO BIDDERS."

INDEX OF PLANS
TIME PLOTTED =>
R
R
06-22-28 THE CONTRACTOR SHALL POSSESS THE CLASS (OR CLASSES)

PLANS APPROVAL DATE

REG ISTERED PROFESSIONAL ENG INEER

STATE OF CALIFORNIA
No.

Exp.

CIVIL

PROJECT ENGINEERREGISTERED CIVIL ENGINEER
DATE
COMPLETENESS OF SCANNED COPIES OF THIS PLAN SHEET.RESPONSIBLE FOR THE ACCURACY OR OFFICERS OR AGENTS SHALL NOT BETHE STATE OF CALIFORNIA OR ITS CONTRACT No.PROJECT ID

PROJECT NUMBER & PHASE
0319000285
03-0J440K
UNIT 0J440K TitleSheet.dgn
USERNAME => s156215
DGN FILE =>

RELATIVE BORDER SCALE

IS IN INCHES
0 1 2 3
CALTRANS WEB SITE IS: HTTP//WWW.DOT.CA.GOV/ 0337
TO BE SUPPLEMENTED BY STANDARD PLANS DATED 2023
BORDER LAST REVISED 9/17/2018
BUTTE
0319000285K

CAMERON KNUDSON

PROJECT ENGINEER

KHOSRO KALANTARI
MYERS St
WASHINGTON Ave BROWN Ave
SPENCER Ave
MESA
Ave

HILLVIEW
RIDGE
Ln
PM 19.0
End Work
PM 14.9
Begin Work
To Butte City
10th St
12th St
116
Item 11.

X-1

TYPICAL CROSS SECTIONS

NO SCALE
CL
4'-12'
Var
4'-12'
Var
ORO DAM Blvd E
ROUTE 162
SLOPE
Exist
MATCH
SLOPE
Exist
MATCH

EP ETW ETW EP
Min 1.00' Exist AB
Min 0.50' Exist AC

0.10 Exist OGAC

0.20' RHMA (GAP GRADED)0.10' RHMA (OPEN GRADED)0.30' COLD PLAN AC Pvmt

PAVEMENT CLIMATE REGION

INLAND VALLEY
PM 17.6 TO PM 18.5
PM 15.8 TO PM 17.6
x
x
x
x
x
Dist COUNTY ROUTE

POST MILES

TOTAL PROJECT
SHEET
No.

TOTAL
SHEETS

LASTREVISION

STATEOFCALIFORNIA-DEPARTMENTOFTRANSPORTATION
No.

Exp.

CIVIL
R
E
G
IS
TERED

PROFESSIONAL
ENG
IN
E
E
R

STATE OF CALIFORNIA

REGISTERED CIVIL ENGINEER
TIMEPLOTTED=>
DATEPLOTTED=>
11:14
26-JUL-2023

CHECKEDBY

DESIGNEDBY

CALCULATED-

REVISEDBY

DATEREVISED

PLANS APPROVAL DATE
DATE

FUNCTIONALSUPERVISOR
R
COPIES OF THIS PLAN SHEET.THE ACCURACY OR COMPLETENESS OF SCANNEDOR AGENTS SHALL NOT BE RESPONSIBLE FORTHE STATE OF CALIFORNIA OR ITS OFFICERS R
06-29-23
USERNAME => s156215
DGN FILE => 0319000285ca001.dgn

RELATIVE BORDER SCALE

IS IN INCHES
0 1 2 3
BORDER LAST REVISED 7/2/2010 UNIT 0337 PROJECT NUMBER & PHASE 0319000285 03 But 162
DESIGN
NOTES:

15.6/18.5

STEVANCAMPBELL

OLIVE HWY
ROUTE 162
12' 12' 12' 12' 12'
CL
0'-19'
Var
SLOPE
Exist
MATCH
SLOPE
Exist
MATCH

ETW ETW
Min 1.00' Exist AB
Min 0.50' Exist AC

0.10 Exist OGAC

0.20' RHMA (GAP GRADED)0.10' RHMA (OPEN GRADED)0.30' COLD PLANE AC Pvmt 0'-12'
Var
12' 12'
5'-6' 2' 2' 5'-6'
0'-19'
Var
5'-6' 5'-6'

0.50' AB, CLASS 3

0.35' MINOR CONCRETE

0.50' AB, CLASS 3

0.35' MINOR CONCRETE

0.50' AB, CLASS 30.35' MINOR CONCRETE

0.50' AB, CLASS 30.35' MINOR CONCRETE

1.5%

1.5%

1.5%

PRELIMINARY
ENGINEERING AT THE DISTRICT OFFICE.

2.FOR ACCURATE RIGHT OF WAY DATA, CONTACT RIGHT OF WAY
SPECIFICATIONS.ARE SUBJECT TO TOLERANCES SPECIFIED IN THE STANDARD

1.DIMENSIONS OF THE PAVEMENT STRUCTURES (STRUCTURAL SECTIONS)

BOW FL FL BOW

BOW FL FL BOW
ABBREVIATIONS:

RHMA RUBBERIZED HOT MIX ASPHALT
2'
HP
5%
5% 1.5%
HP
2' 2'
HP
2'
HP
117
Item 11.
03-But-162-PM 15.6/18.5
EA: 03-0J440
STATE OF CALIFORNIA – DEPARTMENT OF TRANSPORTATION

ATTACHMENT E
Preliminary Cost Estimate
118
Item 11.

PROJECT
PLANNING COST ESTIMATE©
EA: 03-0J440 EA: 03-0J440 EFIS: 0319000285
EFIS: 0319000285 District-County-Route: 03-BUT-162
PM: 15.6/18.46

SUMMARY OF PROJECT COST ESTIMATE
Current Year Cost Escalated Cost
$ 22,294,100 $ 23,743,752
$ - $ -
$ 22,294,100 $ 23,743,752
$ 852,743 $ 911,000
$ 23,147,000 $ 24,655,000
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ 3,710,000 $ 4,102,000
$ 26,857,000 $ 28,757,000 *
Programmed Amount
Month / Year
Date of Estimate (Month/Year) 4 / 2021
Estimated Construction Start (Month/Year) 6 / 2025
Number of Working Days = 120
Estimated Mid-Point of Construction (Month/Year) 9 / 2025 Estimated Construction End (Month/Year) 1 / 2026
Number of Plant Establishment Days 0
6/3/2021
10/10/2023
12/2/2024
1/24/2025
6/2/2025
xx/xx/xxxx (xxx) xxx-xxxx
Office Engineer / Cost Estimate Certifier Date Phone
Cameron Knudson xx/xx/xxxx (xxx) xxx-xxxx
Project Manager Date Phone

TOTAL RIGHT OF WAY COST

TOTAL ROADWAY COST
Type of Estimate :

PA/ED SUPPORT
Program Code :

Project Limits :

Project Report
SHOPP
PM 15.6/18.46 (Feather River Bridge to Foothill Blvd.)
In Butte County on SR 162 in Oroville from Feather River Bridge (Br#12-0034) to Foothill Blvd. CAPM(0.1' RHMA / 0.2' RHMA-G); 20% Dig Outs, culvert repairs, ADA ramps Project Description:

Scope :

TOTAL STRUCTURES COST

SUBTOTAL CONSTRUCTION COST
Alternative : Alternative 1- Phase 1 & Phase 2
Approved by Project Manager
RTL
PID Approval
PA/ED Approval
PS&E

PS&E SUPPORT

TOTAL CAPITAL OUTLAY COSTS

CONSTRUCTION SUPPORT

RIGHT OF WAY SUPPORT
Reviewed by District O.E. or
Cost Estimate Certifier
Begin Construction

TOTAL SUPPORT COST
Estimated Project Schedule

TOTAL PROJECT COST

Item 11.
03-But-162-PM 15.6/18.5
EA: 03-0J440
STATE OF CALIFORNIA – DEPARTMENT OF TRANSPORTATION

ATTACHMENT J
Programming Document
120
Item 11.

AMS ID: 0319000285 EA: 03-0J440 COUNTY: BUT ROUTE: 162 POSTMILE: 15.6/18.5 Programming Sheet with Risk and OE
Project Manager: KNUDSON, CAMERON H PM Assistant: MALOTTE, JOAN K Project Nickname: Oroville CAPM Project Description - Long: In and near Oroville, from Feather River Bridge to Foothill Boulevard.

Work Description - Long: Rehabilitate pavement and drainage systems, upgrade facilities to Americans with Disabilities Act (ADA) standards, and upgrade signs and Subprogram: Pavement Preservation
Program: shopp RPT:

Yes CT Status: APL
PROGRAM YR: 2025
10 Yr SHOPP: No AADD: No
PPNO: 2638
Open for Time:

No Funding Candidate: No
RMP: RMP Date:

Dist Category: 23/24 DP FED Aid Eligible: YES
Working Days: 140
MS MS Description MS Date
M000 ID NEED 01/28/2020 (A)
M003 BEGIN FUNCT PID 01/29/2021 (A)
M006 DRAFT FOR DIST CIRC 03/05/2021 (A)
M009 FINAL DRAFT FOR 05/24/2021 (A)
M010 APPROVE PID 06/29/2021 (A)
M015 PROG PROJ 03/17/2022 (A)
M020 BEGIN ENVIRO 07/27/2022 (A)
M040 BEGIN PROJ 07/27/2022 (A)
M200 PA&ED 08/22/2023 (T)
M224 R/W REQTS 06/20/2023 (T)
M225 REGULAR R/W 08/22/2023 (T)
M300 CIRC PLANS IN DIST 07/16/2024 (T)
M313 60% CONST REVIEW 05/16/2024 (T)
M377 PS&E TO DOE 10/08/2024 (T)
M410 R/W CERT 11/18/2024 (T)
M430 DCR 11/22/2024 (T)
M460 RTL 12/03/2024 (T)
M470 FUND ALLOCATION 01/22/2025 (T)
M480 HQ ADVERT 02/17/2025 (T)
M490 BIDS OPEN 03/19/2025 (T)
M495 AWARD 04/18/2025 (T)
M500 APPROVE CONTRACT 05/19/2025 (T)
M600 CONTRACT ACCEPT 12/15/2026 (T)
M700 FINAL REPORT 12/15/2027 (T)
M800 END PROJ EXP 06/15/2028 (T)
M900 FINAL PROJ 05/15/2029 (T)
Capital Cost Estimates ($k)
Amount $k EST Date
Roadway 22294 06/28/23
Structures 0
Const Total 22294
ROW 911 04/03/23
Total 23205
Env Doc: CE (CEQA), CE (NEPA)
Funding Info ($k)
Fund Source PA&ED PS&E ROW CON ROW CAP CON CAP
2010201.121 1212 1380 540 1280 0 0
2020201.121 0 0 0 0 493 16500
4050201.121 0 0 0 0 0 0
Total: 1,212 1,380 540 1,280 493 16,500
OE ($k)
Phase 0 - PAED $0
Phase 1 - PS&E
Phase 2 - RW
Phase 3 - Con
Phase 4 - Con Cap
Phase 9 - RW Cap
$0
$0
$0
$0
$0
Total $0
$0
Risk Bud. ($k)
$0
$0
$0
$0
$0
$0
Note: For Phase 0, 1, 2 and 3, only enter Risk Budget
amount if not already entered in PRSM Workplan.

Risk & Operating Expense Budget
Capital Cost Est.($k)
FY Mid M500-M600 2026
CC Escalation %:

CC Escalated $:

TOTAL:

ROW CAPITAL:

3.20%
23,744
911
24,655
PROJECT SUPPORT COSTS ($k)
Phase Esc.

Rate
PRIOR
(3.00%)
FY24/25 FY25/26 FY26/27 FY27/28 Future Total Sup/Cap % FY23/24 ACT $ ETC (0.00%) (3.00%) (3.00%) (3.00%) (3.00%)
0 914 298 0 0 0 0 0 1,212 4.92%
1 0 903 503 0 0 0 0 1,406 5.70%
2 0 249 159 74 76 36 0 594 2.41%
3 0 0 81 706 412 85 0 1,284 5.21%
TOTAL SUPPORT COSTS:

TOTAL PROJECT COSTS:
4,496 18.24%
29,151
PROJECT SUPPORT PYs
PRIOR
ETC PYs
2023 2024 2025 2026 2027 Future Total
ETC PYs ETC PYs ETC PYs ETC PYs ETC PYs
Division
ACT PYS ETC PYs
03 ADMN 0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.01
03 CONS 0.04 0.10 0.32 1.89 1.04 0.15 0.00 3.54
03 ENVM 0.30 0.91 0.24 0.18 0.10 0.01 0.00 1.75
03 ESRV 0.33 0.68 0.19 0.03 0.02 0.01 0.00 1.26
03 MTCE 0.06 0.14 0.12 0.09 0.07 0.03 0.00 0.51
03 PPAM 0.18 0.25 0.18 0.12 0.12 0.10 0.00 0.95
03 PRJD 1.70 1.65 0.66 0.00 0.00 0.00 0.00 4.02
03 RWLS 0.21 1.14 0.60 0.18 0.18 0.08 0.00 2.39
03 SURV 1.35 0.32 0.22 0.20 0.15 0.05 0.00 2.29
03 TPLN 0.89 0.04 0.00 0.00 0.00 0.00 0.00 0.94
03 TROP 0.84 1.00 0.36 0.21 0.13 0.03 0.00 2.56
03 TOTALS : 5.91 6.23 2.89 2.90 1.81 0.46 0.00 20.22
PRIOR
ETC PYs
2023 2024 2025 2026 2027 Future Total
ETC PYs ETC PYs ETC PYs ETC PYs ETC PYs
Division
ACT PYS ETC PYs
59 METS 0.00 0.00 0.02 0.19 0.09 0.00 0.00 0.30
59 PPM 0.03 0.02 0.17 0.00 0.00 0.00 0.00 0.23
59 TOTALS : 0.03 0.02 0.19 0.19 0.09 0.00 0.00 0.53
Report Run Date : 07/19/2023 Page 1 of 2
121
Item 11.

AMS ID: 0319000285 EA: 03-0J440 COUNTY: BUT ROUTE: 162 POSTMILE: 15.6/18.5 Programming Sheet with Risk and OE
PRIOR
ETC PYs
2023 2024 2025 2026 2027 Future Total
ETC PYs ETC PYs ETC PYs ETC PYs ETC PYs
Division
ACT PYS ETC PYs

0.04 0.00 0.00 0.00 0.00 0.00 0.00 0.04
TOTALS : 0.04 0.00 0.00 0.00 0.00 0.00 0.00 0.04
PROJECT TOTALS: 5.98 6.25 3.08 3.09 1.90 0.46 0.00 20.79 Comments:

Report Run Date : 07/19/2023 Page 2 of 2
122
Item 11.

Project Description
Caltrans proposes to preserve and extend the service life of the existing pavement on State Route (SR) 162, from Feather River Bridge (Bridge No. 12-0034) at post mile (PM) 15.6, to Foothill Boulevard at PM 18.5. The scope of work for this project will rehabilitate the roadway pavement, conform driveway connections, standardize Americans with Disabilities Act (ADA) features, provide continuous pedestrian routes, upgrade nonstandard mounted roadside signs, and rehabilitate drainage systems. In addition, the project will improve street lighting for pedestrians and vehicles, improve complete street elements, upgrade traffic signals with high mast Closed Circuit Television camera (CCTV), and upgrade traffic control systems. See Attachment A, Preliminary Plans to view the title sheet, preliminary layouts, and typical cross sections.

This project is programmed in the 2022 State Highway Operations Protection Program (SHOPP) for delivery in the 24/25 FY, under program code 20.XX.201.121 – Pavement Preservation (CAPM) Program. A summary of project information is below in Table 1. 123
Item 11.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR,

WES ERVIN, PRINCIPAL PLANNER
RE: FEATHER RANCH SUBDIVISION, INCLUDING AN OVERRULE OF THE BUTTE COUNTY AIRPORT LAND USE COMMISSION’S

INCONSISTENCY DETERMINATION, AND THE SECOND READING OF
ORDINANCE 1873 TO REZONE 45-ACRE APN 030-230-098 TO 172 PARCELS ZONED R-1 (SINGLE FAMILY RESIDENTIAL),
DATE: SEPTEMBER 19, 2023

SUMMARY
The City Council shall conduct a public hearing to consider an override of the Airport Land Use Commission inconsistency determination for a proposed 172-unit market rate single family subdivision at APN 030-230-098 off 20th Street between Feather Avenue and Biggs Avenue, and to rezone the land to R-1 (Single Family residential).

DISCUSSION
At its July 18, 2023, regular meeting the City Council took the following actions by a vote of 7- 0:

1. Certified the project’s EIR with Findings and a Statement of Overriding Considerations. The significant impacts included higher density than allowed, a technical noise significance, and a technical vehicle miles traveled significance.

2. Approved General Plan Amendment GPA 23-01 to Medium Low Density Residential.

3. Approved the first reading of Ordinance 1873 (Zone Change ZC 23-01) to R-1.

4. Voted to notify the Butte County Airport Land Use Commission and the Caltrans Division of Aeronautics of the Council’s intent to Overrule the Butte County Airport Land Use Commission’s September 21, 2022, inconsistency determination – at least 45 days in advance of actually overruling the determination.

5. Approved Tentative Subdivision Map TSM 22-01 with 172 single family lots averaging 7,400 square feet in size.

6. In a separate action, the Planning Commission approved Variance VAR23-01 to allow the higher density, subject to Council’s subsequent actions.

All the above actions will take effect upon the Council’s approval of the two remaining actions:
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1. The Council must vote by a 2/3 majority to overrule of the Airport Land Use Commission’s determination of inconsistency.

2. The Council must adopt Ordinance 1873 rezoning the 45-acre parcel into 172 single family lots.

Comments received regarding the Overrule.

On September 12, the 45th day of the comment period, we received a letter from the Butte County Airport Land Use Commission (Attachment 1), but none from Caltrans Aeronautics Division or from any other entity.

The Butte County Airport Land Use Commission recommends that development be limited to the density allowed in the Airport Land use Compatibility Plan (i.e. Less than 0.1 dwelling units per acre). Their reasons included potential safety issues and possibly limiting the airport’s future viability. The project proposes a density of 3.74 dwelling units per acre.

Parkland Dedication
Applicant has requested that the Council accept a modified parkland dedication condition, which provides options in case the 0.95-acre wetland is needed for wetland mitigation during that permit process and thus cannot also be used for parkland dedication. In any event, applicant will either provide the required land and/or the proper in-lieu fee:

1. The parkland dedication requirement, per OMC 16.16.185, shall be fulfilled as follows:
a. A total of 2.15 acres of land are required to be dedicated for the 172 homes @ 2.5 persons per household1(172*2.5/1000*5).
b. If Lot A @ 0.95 acres is not required for wetland mitigation, the applicant shall dedicate the lot to the Feather River Recreation and Park District (FRRPD), which will annex the lot into the FRRPD Community Facilities District for FRRPD’s development and maintenance as a community park accessible to the public. c. Prior to constructing any of the 68 homes in Phase 1, applicant will develop a meandering trail/path on Lot A, plus any other amenities required by an agreement between applicant and FRRPD, and then dedicate the property. d. In addition, applicant shall pay an in-lieu fee equal to the fair market value of an additional 1.20 acres of land, the value of which will be determined at time of filing the final map.
e. If Lot A is required for wetland or any other mitigation, applicant shall pay an in-lieu fee equal to the fair market value of 2.15 acres of land.

FISCAL IMPACT
None. The project is subject to all customary fees.

1 Per Oroville’s 2023-2030 Housing element, page 172.
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RECOMMENDATION
Staff recommends the following actions:

1. Conduct a Public Hearing on the proposed project.

2. Adopt Resolution No. xxxx – A RESOLUTION OF THE OROVILLE CITY

COUNCIL 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.

3. Waive Second Reading And Adopt ORDINANCE 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-- AIRPORT INFLUENCE OVERLAY (APB--AIO) TO 172 SINGLE FAMILY RESIDENTIAL (R-1) LOTS.

ATTACHMENTS

1. Butte County Airport Land Use Commission comments OF September 11, 2023

2. Resolution xxxx approving ALUCP overrule.

3. Ordinance No. -1873 Second Reading

4. CEQA Notice of Determination

5. July 18, 2023, City Council staff report.

6. Planning Commission June 22 staff report with:
a. Resolution P2023-16 for Variance approval
b. Engineers Report for TSM 22-01
c. Draft Project Approval with conditions for TSM 22-01 d. DEIR
e. FEIR
f. Mitigation, Monitoring and Reporting Program
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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 172 SINGLE FAMILY RESIDENTIAL (R-1) LOTS.

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, On July 18, 2023, the City Council certified the project’s EIR with a Statement of Overriding Considerations, approved general plan amendment GPA 23-01, Tentative Subdivision Map TSM 22-01, and in addition the Planning Commission has approved Variance VAR 23-01, all of which are required to allow this developer to create the proposed housing; and
WHEREAS, On September 19, 2023, the City Council approved an override of the Airport Land Use Commission’s determination of inconsistency with the Butte County Airport Land Use Compatibility Plan,
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 reports 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) are hereby rezoned into 172 Single Family Residential (R-1) lots in accordance with approved Tentative Parcel Map TSM 22-01.
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2 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.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on September 19, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor, David Pittman
APPROVED AS TO FORM: ATTEST:
______________________________ ___________________________ City Attorney, Scott E Huber City Clerk, Kayla Reaster
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2. _______________________________________
_________________________________________ _______________________________________ ___________________________________________________________________________________ Print Form
Notice of Determination Appendix D
To: From:

Office of Planning and Research Public Agency: ___________________________ U.S. Address: ________________________________ Mail: Street Address: _______________________________________ P.O. Box 3044 1400 Tenth St., Rm 113 Contact: _________________________________ Sacramento, CA 95812-3044 Sacramento, CA 95814 Phone: __________________________________ County Clerk
Lead Agency (if different from above): County of: _________________________________ Address: __________________________________ Address: ________________________________ Contact: _________________________________
Phone: __________________________________
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.

State Clearinghouse Number (if submitted to State Clearinghouse):______________________________ Project Title: _________________________________________________________________________ Project Applicant: _____________________________________________________________________ Project Location (include county):_________________________________________________________ Project Description:

This is to advise that the ____________________________________________ has approved the above ( Lead Agency or Responsible Agency)
described project on _______________ and has made the following determinations regarding the above (date)
described project.

1. The project [ will will not] have a significant effect on the environment.

2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.

A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

3. Mitigation measures [ were were not] made a condition of the approval of the project.

4. A mitigation reporting or monitoring plan [ was was not] adopted for this project.

5. A statement of Overriding Considerations [ was was not] adopted for this project.

6. Findings [ were were not] made pursuant to the provisions of CEQA.

This is to certify that the final EIR with comments and responses and record of project approval, or the negative Declaration, is available to the General Public at:

Signature (Public Agency): _____________________________ Title: ____________________________ Date: _______________________________ Date Received for filing at OPR: ____________________ Authority cited: Sections 21083, Public Resources Code.

Reference Section 21000-21174, Public Resources Code. Revised 2011 Sept. 19, 2023
September 20, 2023
The Project is the subdivision of a 44.97-acre parcel into 172 single-family lots averaging 7,450 square feet (APN 030-230-098). New General Plan land use designation is Medium Low Density Residential with an Airport Influence Area Overlay (AIA-O). The new Zone is Single Family Residential (R-1). The Site is currently vacant undeveloped land. Elevations range from 230 feet above mean sea level (AMSL) at the southwest corner of the Site to 190 feet AMSL at the northeast corner, generally sloping from west to east.
■
■
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
Wes Ervin, Planner
530-538-2408
same
Feather Ranch Project
2022110054
APN 030-230-098 in the City of Oroville in Butte County MD3 INvestments
City Council of the City of Oroville
https://www.cityoforoville.org/services/planning-development-services-department/planning-division/pla City Planner
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR,

WES ERVIN, PRINCIPAL PLANNER
RE: FEATHER RANCH SUBDIVISION, INCLUDING EIR CERTIFICATION, GENERAL PLAN AMENDMENT GPA 23-01, ZONING CHANGE ZC 23-01 WITH ORDINANCE 1873, TENTATIVE SUBDIVISION MAP TSM 22-01,

AND AN OVERRIDE OF THE BUTTE COUNTY AIRPORT LAND USE
COMMISSION’S INCONSISTENCY DETERMINATION.

DATE: JULY 18, 2023

SUMMARY
The City Council shall conduct a public hearing to consider adopting General Plan Amendment GPA 23-01, Zoning Change ZC 23-01, Tentative Subdivision Map TSM 22-01, and an override of the Airport Land Use Commission inconsistency determination for a proposed 172-unit market rate single family subdivision at APN 030-230-098 off 20th Street between Feather Avenue and Biggs Avenue.

DISCUSSION
The Council may consider approval of a Tentative Subdivision Map that would create 172 new market-rate housing units. MD3 Investments has applied to subdivide a 45- acre parcel currently zoned Airport Business Park – Airport Influence Overlay (ABPAIO) into 172 single family lots to be zoned R-1 and averaging 7,450 square feet in size.

This project decision requires the City Council to balance the objectives of safety and noise, effective airport operations, and economic prosperity including the need for more market rate housing – all important considerations for Oroville’s citizenry.

Because the project is discretionary and may create significant impacts, an Environmental Impact Report (EIR) was prepared and circulated in accordance with the California Environmental Quality Act (CEQA). Due to the significant and unavoidable environmental effects identified in the EIR, CEQA requires the City Council to approve a Statement of Overriding Considerations and certify the EIR if it ultimately approves the project.

The project’s location in the Oroville Airport B1 and B2 overflight zones also requires an override of the inconsistency determination by the Butte County Airport Land Use 459
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Commission (ALUC) for density. The density requirements in each zone are based on safety considerations supported by national crash statistics and noise contours. An override is a significant decision, so the state-mandated process for an override is lengthy and requires two 2/3 votes of the City Council at least 45 days apart.

It should also be noted that the Butte County Planning Commission at its June 22 meeting denied subdividing a nearby 22-acre parcel at Biggs and 18th Street into 110- unit single family lots solely because some of the housing was under the B2 overflight zone.

The current General Plan and zoning designation of ABP was created long ago when the city envisioned a modern industrial and research park surrounding the Airport. That vision started in the 1980’s with the attraction of Spectra Physics1 and several government office users. Now, due to the statewide housing shortage compounded locally by the nearby wildfires and spillway peril, there is much more pressure to build housing and very little demand for industrial or research space. This project would only use 45 of the 270 acres zoned ABP and would not threaten that original vision.

The Planning Commission reviewed the project at its June 22, 2023 meeting, and voted 6-0 to recommend an override of the ALUC’s inconsistency determination and approval of the project. The Planning Commission also approved Variance VAR 23-01, subject to the Council’s approval of the project.

Pages 3-17 of the attached June 22 Planning Commission staff report discuss in detail:

1. The required approvals:
a. EIR Certification with Findings and a Statement of Overriding Considerations.
b. General Plan Amendment GPA 23-01.
c. Zone Change ZC 23-01.
d. An Override of the Butte County Airport Land Use Commission’s September 21, 2022, inconsistency determination.
e. Variance VAR23-01 (by the Planning Commission)
f. Tentative Subdivision Map TSM 22-01

2. The project’s three significant and unavoidable environmental impacts:
a. Residential density in the Airport’s area of influence. The proposed project with a density of 3.8 homes per acre is more than the allowed 1 home per 10 acres in the B1 Zone and 1 home per 5 acres in the B2 Zone. b. Noise increase from ground activity. The project would increase ambient noise levels by more than 5 decibels -- the city’s CEQA noise significance threshold. However, ambient noise levels would still be under 48 decibels and classified as “Quiet Urban Daytime”. Ambient noise will need to exceed 65 decibels to be of concern.
c. Greenhouse gas emissions from Vehicle Miles Traveled. The project will generate 26.7 home based trips per resident, which is 140% of Oroville’s average of 19.1 trips per day per resident. State law has determined that

1 Spectra Physics was a high tech firm based in the Bay Area, which built the facility now occupied by the Northwest Lineman College.
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any project exceeding 85% of the average must be considered significant under CEQA. 85% of 19.1 is 16.2 trips per day per resident.

3. The need for market rate housing. The recently certified Housing Element concludes that Oroville needs at least 375 new market rate units before 2030.

This project would supply almost half that need.

4. The Airport -- it’s importance to the city and the region, and what safety and operational effects the project may have. Staff have concluded that there will not likely be any significant effect on airport safety, operations, or its ability to expand. Nor will the public be exposed to excessive noise and safety hazards.

FISCAL IMPACT
None. The project is subject to all customary fees.

RECOMMENDATION
Staff recommends the following actions:

1. Conduct a Public Hearing on the proposed project.

2. Adopt 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 EIR.

3. Certify the adequacy of the Final Environmental Impact Report

4. Adopt 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.

5. Adopt 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.

6. Waive First Reading And Approve ORDINANCE 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 PARKAIRPORT INFLUENCE OVERLAY (APB--AIO) TO SINGLE FAMILY RESIDENTIAL (R-1) ONCE TENTATIVE MAP TSM 22-01 FOR THE
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PROPOSED FEATHER RANCH SUBDIVISION IS APPROVED.

ATTACHMENTS

1. Tentative Map TSM 22-01

2. Planning Commission June 22 staff report with:
a. Resolution P2023-16 for Variance approval
b. Engineers Report for TSM 22-01
c. Draft Project Approval with conditions for TSM 22-01 d. DEIR
e. FEIR
f. Mitigation, Monitoring and Reporting Program

3. Resolution 9151 with findings, Statement of overriding considerations and Mitigation Monitoring Reporting Plan;

4. Resolution 9152 for ALUCP override.

5. Resolution 9153 for GPA23-01 & TSM 22-01 approvals

6. Draft Ordinance 1873 for Zoning Change ZC 23-01—First Reading 462
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1 City of Oroville

COMMUNITY DEVELOPMENT DEPARTMENT
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2430 FAX (530) 538-2426
www.cityoforoville.org
PLANNING COMMISSION STAFF REPORT Thursday, June 22, 2023 RE: Feather Ranch Subdivision, including a General Plan Amendment (GPA 23-01), Zoning Change (ZC 23-01), Variance VAR23-01, Tentative Subdivision Map (TSM 22-01), and an Override of the Airport Land Use Commission Inconsistency Determination.

SUMMARY: The Oroville Planning Commission will review and consider recommending that the City Council approve General Plan Amendment GPA 23-01, Zoning Change ZC 23-01, Tentative Subdivision Map TSM 22-01, and the override of the Airport Land Use Commission inconsistency determination at a +-45 Acre parcel identified as APN 030-230-098 off 20th Street between Feather Avenue and Biggs Avenue.

RECOMMENDATION: Staff recommends the following actions:

1. Conduct a Public Hearing on the proposed project.

2. Adopt Resolution No. P2023-14 recommending that the City Council certify the adequacy of the Final EIR, make certain findings regarding environmental effects and mitigation measures, adopt a Statement of Overriding Considerations, and adopt the Mitigation Monitoring and Reporting Program.

3. Adopt Resolution No. P2023-15 recommending that the City Council approve General Plan Amendment GPA 23-01, Zoning Change ZC 23-01, approve the Tentative Subdivision Map TSM 22-01, and make certain findings to that effect.

4. Adopt Resolution P2303-16 to approve Variance VAR23-01 to allow development at a density greater than that allowed in OMC 17.44.050 (AIA-O), subject to the relevant Council approvals, and make certain findings to that effect.

5. Adopt Resolution No. P2023-13 recommending that the City Council override the Airport Land Use Commission’s determination of “not consistent” with the ALUCP and make certain findings to that effect.

APPLICANT: MD3 Investments
LOCATION: APN 030-230-098, west of
20th Street between Feather Avenue and
Biggs Avenue
GENERAL PLAN: ABP (Airport Business Park)
ZONING: ABP (Airport Business Park)
FLOOD ZONE: Zone X
ENVIRONMENTAL DETERMINATION: An Environment Impact Report was prepared pursuant to Section 15120 of Title 14, California Code of Regulations. 60 Item 4.
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2 SUMMARY
The Planning Commission may consider approval of a Tentative Subdivision Map that would create 172 new market-rate housing units, a much-needed housing type for the City. MD3 Investments has applied to convert 45 acres that are currently zoned Airport Business Park (ABP) into 172 single family lots averaging 7,450 square feet in size.

This project decision requires the Planning Commission and City Council to balance the objectives of safety and noise, airport operations, and economic prosperity including the need for more housing – all important considerations for Oroville’s citizenry.

Approval requires a General Plan Amendment, a Zoning Change, and a Zoning Code Variance. Because the project is discretionary and may create significant impacts, an Environmental Impact Report (EIR) was prepared in accordance with the California Environmental Quality Act (CEQA). Due to the significant and unavoidable environmental effects identified in the EIR, CEQA requires the City Council to approve a Statement of Overriding Considerations if it ultimately approves the project.

The project’s location in the B1 and B2 overflight zones also requires an override of the inconsistency determination by the Butte County Airport Land Use Commission (ALUC) for density. The density requirements in each zone are based on safety considerations supported by national crash statistics and noise. An override is a significant event, so the state-mandated process for an override is lengthy and requires two 2/3 votes of the City Council at least 45 days apart.

The current General Plan and zoning designation of ABP was created long ago when the city envisioned a modern industrial and research park surrounding the Airport. That vision started in the 1980’s with the attraction of Spectra Physics1 and several government office users. Now, due to the statewide housing shortage compounded locally by the nearby wildfires and spillway peril, there is much more pressure to build housing and very little demand for industrial or research space. This project would likely not threaten that original vision.

1 Spectra Physics was a high tech firm based in the Bay Area, which built the facility now occupied by the Northwest Lineman College.

REPORT PREPARED BY:
___________________________
Wes Ervin, Principal Planner
Community Development Department
REVIEWED BY:
___________________________
Dawn Nevers, Assistant Director
Community Development Department
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3 DETAILED DISCUSSION
MD3 Investments is proposing to subdivide and develop a 44.97-acre vacant and undeveloped parcel (APN 030-230-098) into 172 single-family detached residential lots immediately west of 20th Street with access points off Feather Avenue, Biggs Avenue, and 20th Street. The homes and streets would be developed on approximately 40.197 acres, with a 0.95-acre (41,332 s.f.) passive open space at the southwest corner of Feather Avenue and 20th Street, and a meandering multi-use path along the central roadway (Gentle Rain Lane) of the subdivision.

Improvements to 20th Street and abutting roadways include curbs, gutters and sidewalks adjacent to the project site. Sidewalks would front 20th Street, Biggs Avenue, and Feather Avenue as well as along all internal proposed roadways. Greenway space will be provided along internal sidewalks, around the proposed 0.95-acre combined storm drainage retention basin and open space at the northeastern corner of the site, and fronting 20th Street and Biggs Avenue. Storm drainage facilities are proposed throughout the project site, with connections tying in together internally, prior to tying into storm drainage facilities located within 20th street.

Required Approvals
Required approvals include a General Plan Amendment, a Zone Change, a Variance, a Tentative Subdivision Map, and an overrule of the Airport Land Use Commission’s determination of Inconsistency with the Airport Land Use Compatibility Plan.

General Plan Amendment GPA 23-01
The current General Plan Land Use Designation for the site is Airport Business Park (ABP). The purpose of this land use designation is to allow for “light manufacturing, limited industrial, food processing, wholesale trade and offices” with limited retail and public assembly users to “provide for business and commercial opportunities that will neither be detrimental to the airport’s growth, efficiency and safety nor create substantial conflict with the development of other industrial lands in the city….” To allow for single-family residential construction, the Council must amend the General Plan to change the Land Use Designation from ABP to Medium Low Density Residential (MLDR). This designation would allow between 3 to 6 units per acre. This designation is identical to the neighboring Calle Vista subdivision to the east, and the parcels to the north across Feather Avenue. The tentative subdivision map proposes 172 parcels on an approximately 45 acres parcel for a project density of 3.82 units per acre, within the allowed density for the MLDR land use designation.

Over 172 acres of ABP land within city limits remain vacant or underutilized with no foreseeable buildout of these parcels. Staff continues to support the location and development of compatible industrial and office users within the ABP. However, with low industrial land absorption, much of the ABP will likely remain vacant through the rest of the 2030 General Plan planning horizon and beyond. A General Plan Amendment and Zoning Change to facilitate residential development on this 45-acre parcel should not adversely affect future industrial or office development opportunities within the ABP. Staff does not recommend allowing housing any closer to the airport than this. 62 Item 4.
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4 Zoning Change ZC 23-01
The current zoning of the site is Airport Business Park (ABP). A zoning change from ABP to single-family residential (R-1) is needed to permit single-family residential development and correspond with the underlying General Plan Amendment to MLDR. This zoning change would match the zoning of the neighboring Calle Vista subdivision and the approved Village at Ruddy Creek subdivision further to the east. The minimum lot size for R-1 zoning is 5,000 s.f. for interior lots and 6,000 s.f. for corner lots. As proposed, the average lot size of the parcels within the subdivision will be 7,450 s.f.

Zoning Code Variance for Project Density
Once the Zoning Change is approved, Oroville’s Airport Influence Overlay Code

17.44.050, including Table 17.44.050, has several density restrictions for Overflight Zones B1 and B2 2: the restrictions are identical to the ALUCP’s restrictions. Therefore, if the Council overrides the ALUC consistency determination, they should also grant a corresponding variance to the project.

Residential density: This residential project is proposed at a gross density of 3.82 units per acre, which exceeds the maximum allowable 0.1 and 0.2 units per acre in the B1 & B2 Overflight zones respectively.

Open land requirements: The 30% and 20% open land requirements in Table 17.44.050 are not met. Open land is about 3.5 acres3including Gentle Rain Lane and the 0.95-acre Lot A set-aside, or about 8% of the entire property. The other streets do not qualify for size because of their widths.

Population density: Regarding population density, the project equates to an average gross population density of 430 people4 at 9.56 persons per acre, and an average singleacre density of 10.3 persons per acre. These residential concentrations are lower than would be allowed under the current ABP Zone for non-residential uses The required findings for a variance can be found later in this staff report.

Tentative Subdivision Map TSM 22-01
The proposed map will subdivide the existing single parcel into 172 single-family detached residential lots. Lots would range in size from 6,600 s.f. up to 8,700 s.f.. The proposed subdivision is currently planned for development in three phases, with Phase 1 consisting of 68 lots, Phase 2 with 58 lots, and Phase 3 with the remaining 46 lots.

Among the project conditions is the requirement for Parkland dedication per OMC

16.16.185. The 172-unit project, with an estimated 500 residents @ 2.3 residents per

2 The densities in the Airport Influence Area Overlay Ordinance are identical to the adopted Butte County Airport Land Use Compatibility Plan.
3 Average lot size in the Tentative map is 7,450 square feet, equating to 29.4 acres of residential land, or 65.3% of the total acreage. Most streets are under 75’ wide, too narrow to qualify as open land in the Overlay Zone, but Gentle Rain Lane is wide enough as long as future streetlights and street trees provide at least a 75-foot width without any obstructions over 4 feet high. Gentle Rain Lane consists of about 2.5 acres of land. 4 Oroville has an average of 2.5 persons per household in 2021, per the recently Certified Oroville 2022-2030 Housing Element, Page 172.
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5 household, will be required to dedicate 2.5 acres of parkland or pay an in-lieu fee.

Discussions are ongoing between applicant, the city, and Feather River Recreation and Park District.

ALUCP Override
If the Council approves the proposed project, it must also override the ALUC’s determination of inconsistency with the ALUCP. See below for a detailed discussion of that decision.

Draft Environmental Impact Report (DEIR)
The project’s discretionary approvals triggered CEQA, which requires an EIR to be prepared if a project may have significant environmental impacts. ECORP Consulting of Chico completed the Initial Study in October 2022, which identified 15 potentially significant impacts5. The City circulated a notice of Preparation (NOP) for 30 days between November 1, 2022 and December 2, 2022, which gave agencies, citizens, and Native Tribes an opportunity to comment on the impacts which the EIR should study.

ECORP completed the DEIR, which was circulated for public review beginning on April 15, 2023 with comment ending on May 30, 2023. The DEIR concludes that all impacts would be less than significant by avoidance or mitigation measures, except:
 Hazards related to airport safety. The project could result in a safety hazard or excessive noise to people residing or working in the project area. This significant and unavoidable impact is due to the project’s location under the B1 and B2 overflight zones north of Oroville Airport. The project’s location and density exceeds those allowed by the Butte County Airport Land Use Compatibility Plan, is not consistent with Safety Policy 5.1 of the General Plan, and does not comply with Oroville Municipal Code 17.44.050 (AIA-O). These impacts are discussed in detail below.
 Noise related to traffic—not aircraft. 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 Avenue6. 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”7. Noise related to aircraft is discussed below.  Traffic related to Vehicle Miles Traveled (VMT). The project would generate 120

5 The potential significant effects in the Initial Study included air quality, biological resources, cultural resources, energy, greenhouse gas emissions, hazards and hazardous materials, land use and planning, noise, paleontological resources, population and housing, public services, transportation, tribal cultural resources, utilities and service systems, and mandatory findings of significance.
6 Page 3.9-21 of the DEIR
7 Page 3.9-2 of the DEIR.
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6 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. Oroville cannot mitigate this impact with enough transit, bike and walking paths in this rural location, so it remains significant8.

One of the key Mitigation measures in the DEIR is a recommendation to add a right turn lane on southbound 20th street at SR 162 to limit stacking by the 31 or so peak A.M. vehicles which would turn left onto SR162 from 20th street. The applicant has agreed to do so.

DEIR Comments Received by May 30
As of May 30, 2023, three comments were received, including:
 Caltrans Division of Aeronautics. The letter recommends Alternative 3 in the DEIR, which is within the density limits of the ALUCP. Otherwise recommends not approving the override or the General Plan Amendment. Notes that the need for housing does not
 A phone call from Patrick Waller of the California Pilot’s Association. Mr. Waller wanted to know more about the project and stated that the Association had no position on the project, but that some local pilots may. He stated that he knew of several airports with housing closer to the runway than this proposed subdivision.  Ted Runge, a neighbor, asked if his land could also be included in the General Plan amendment. He says he owns two 5-acre parcels immediately south of the project. Staff would oppose housing any closer to the airport than the project area.

These comments have been incorporated into the Final EIR.

Final Environmental Impact Report (FEIR)
The FEIR includes any changes to the DEIR as a result of comments received. No changes to the DEIR are considered necessary. An EIR can be certified if (1) it shows a good faith effort at full disclosure of environmental information, and (2) it provide sufficient analysis to allow decisions to be made regarding the project in contemplation of its environmental consequences.

Mitigation Monitoring and Reporting Plan (MMRP)
Table ES-1 of the FEIR contains a summary of proposed mitigation measures to render effects insignificant that would otherwise have been significant. All mitigation measures will be included in the final MMRRP required as conditions of approval.

Statement of Overriding Considerations
As noted above, three environmental effects are considered significant, unavoidable and potentially adverse project-specific effects that cannot be mitigated to levels of

8 Oroville is currently in the process of establishing its own CEQA VMT thresholds that is more suited to our rural/semi-rural environment.
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7 insignificance by the adoption of mitigation measures. If the City Council approves the project, the Council must also find that these impacts will be mitigated to the maximum extent feasible but would remain significant and unavoidable. The Council would need to make findings and prepare a statement of overriding considerations that specific economic, social, or other benefits support the approval of the proposed project.

The Importance of the Project Towards Housing Needs
For the 6th Cycle Housing Element for the 2022-2030 Planning Period, the City’s Regional Housing Needs Allocation (RHNA) for above-moderate income is 375 housing units. This proposed development will assist the city in facilitating the production of housing as our region and state experience a critical housing shortage. Assuming all homes are built at an above-moderate income level, this proposed development would provide 46% of the units needed out of the allocated 375 units. For comparison, during the 5th Cycle Housing Element for the 2014-2022 Planning Period, 250 units of above-moderate income housing were produced within the city out of an allocated 784 units, only 31.9% of the need.

The Vision Statement of the General Plan states that “Oroville residents will have a choice of housing to best suit their individual lifestyles,” with the goals, actions, and policies of the Land Use Element and Open Space, Natural Resources and Conservation Element further affirming the need to provide a jobs-to-housing balance within the City. According to the Butte County Association of Governments 6th Cycle RHNA Plan published December 2020, Oroville has a jobs-to-housing balance of 1.74. A typical target relationship between jobs and housing is between 1.3 and 1.6 jobs for every one housing unit, meaning that Oroville has an excess of jobs and not enough housing. Given the immense local need for housing, this project as designed with the number of units proposed is a desirable product for the city, which will help ensure the sustainable growth of the city and will provide a critical housing option within the community.

Lastly, Butte County and the vicinity have experienced several recent fires, which eliminated thousands of homes in Paradise and several unincorporated towns. The housing loss created an instant and urgent need for housing in Oroville and nearby.

Paradise is being rebuilt but will not recover its former housing inventory for decades.

This project should help soften some of the strong regional demand, find some permanent housing for displaced residents, and encourage some to return to the area after expatriating. Anticipated employment gains from the Oroville Hospital expansion and new industrial and commercial development will need more local housing options.

Economic Importance of the Airport to the city
Business activity, employment, sales and investment at the airport are considerable and make up a significant portion of local employment, property and sales tax revenues. It is therefore in the best interest of the city to keep the airport and its vicinity active and unimpeded. This includes the airport itself within the fence, and the industrial surroundings which employ hundreds of local workers. Many of these establishments use the airport for flights in and out during regular business operations. In addition, about 30 aircraft are permanently based there, with the attendant property tax and fuel 66 Item 4.
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8 sales. A new helicopter and fixed wing repair facility (Fixed Base Operator) is an indication that the airport is getting more attention from the flying community.

Safety and Noise – Possible Override of the Airport Land Use Commission’s Determination of Inconsistency
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.

As required by the ALUCP and Section 21676(b) of the Public Utilities Code the project Figure 1 – Airport Compatibility Zone Map with Site
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9 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
9 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 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 portions of the property that fall within compatibility zone B1 are considered to be a separate site from the portions of the property that fall 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.

9 The vote was unanimous with one Commissioner recused himself since he lives very near the project area.
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10 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.

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.

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11 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 Operations10 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 201611.

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 planes12.

10 An operation is either a takeoff or landing. For instance, if a pilot performs a “touch and go”, that counts as two operations.
11 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. 12 https://generalaviationnews.com/2019/09/19/only-44-of-ga-aircraft-equipped-with-ads-b/ 70 Item 4.
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12 Table 1
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. 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 ~615 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 house13. 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

13 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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13 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.14
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 RNAV15 for the airport lists a restriction not authorizing circling northeast of Runway 13-3116. 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

14 Oroville Airport Airport Layout Plan Sheet 3 of 9 dated April 16, 2013. 15 http://www.airnav.com/airport/kove and https://aeronav.faa.gov/d-tpp/2305/SW2TO.PDF 16 To turn right (northeast) from that runway is in direct conflict with the established traffic pattern. 72 Item 4.
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14 noise for each property.

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 descent17, and because pilots are advised in Oroville’s AirNav posting to veer 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

17 https://www.cliffordlaw.com/aviation-accidents-and-incidents/ Figure 2 – Airport CNEL dB Contour Lines
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15 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.

General Plan Consistency
As previously mentioned, the project is inconsistent with the following General Plan policy:
 Safety Element Policy 5.1, which requires consistency with the ALUCP. This exception will be addressed if the Council approves the proposed ALUCP Override, the proposed Statement of Overriding Considerations, and the Variance.

However, the project will further implement the following goals, policies, and actions of the General Plan:

From the Vision Statement:
 New residential growth, whatever the size or location, will be carefully regulated by the City and will be required to meet high standards for quality, appearance and integration with existing neighborhoods.

From the Guiding Principles:
 Ensure that future development enhances the existing character of our city as a whole, as well as its individual neighborhoods, and has a positive effect on our surroundings and quality of life.
 Enhance recreational opportunities and facilities in Oroville for local residents and visitors.

From the Community Design Element (Principles):
 Block, Street, and Building. At this scale, the details of the built environment— defined both by architectural and landscaping details—are proportioned to the scale of a pedestrian. Block dimensions and building designs place equal emphasis on pedestrian and vehicular uses. These more detailed design principles are addressed in Oroville’s Development Code and Design Guidelines.
 High-Quality Development. All types of development that follows smart growth principles can enhance the character of a neighborhood. In a smart growth neighborhood, retail buildings are located adjacent to sidewalks, framing the street’s public space and encouraging people to walk from shop to shop. They include architectural details that make the buildings more attractive and more compatible with the surrounding development. Single-family houses emphasize the front door frontage to the street rather than garages, and apartment buildings use varied building forms to give a sense of the individual dwelling units they contain. In addition, all types of development incorporate the 74 Item 4.
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16 principles of Crime Prevention through Environmental Design (CPTED) by delineating private and public spaces, enhancing visibility, controlling property access, and ensuring adequate property maintenance.

From the Community Design Element (Goals, Policies, and Actions):
 Require compliance with the City of Oroville Design Guidelines as part of any project approval process.
 Encourage livable street design standards for new roadway development and for improvements or rehabilitation of existing roadways. Livable Street Design Standards for Arterials, Commercial Collectors, Residential Collectors and Local Streets are illustrated in Figure CD-2 and Figure CD-3.  New residential development shall reflect the human scale and pedestrianoriented character of existing neighborhoods in Oroville.

From the Circulation and Transportation Element (Goals, Policies, and Actions):
 New development shall ensure that safe and efficient emergency vehicle access is provided.
 Ensure the safe and convenient movement of pedestrians throughout the City and within neighborhoods.
 Design public and private facilities to aid and encourage pedestrian activity.  Require installation of sidewalks and/or walking paths along all city streets in newly developing areas.
 New development in Oroville will encourage pedestrian accessibility and facilitate the use of non-automobile forms of transportation.  New development shall meet the requirements of the Americans with Disabilities Act (ADA).
 Acquire and/or require dedication of an aviation easement within the Overflight and Extended Runway Centerline (ERC) zone, as a condition of subdivision approval.

From the Safety Element, Airport Operations (Goals, Policies, and Actions):
 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.

From the Noise Element (Goals, Policies, and Actions):
 Include noise considerations in land use planning, transportation planning and project design decisions.
 When considering development proposals in the environs of the Oroville Municipal Airport, enforce the noise compatibility criteria and policies set forth in the adopted Butte County Airport Land Use Compatibility Plan. This includes restricting the development of residential or other noise sensitive receptor uses 75 Item 4.
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17 within the 55 dB CNEL noise contour around the Oroville Municipal Airport.

From the Housing Element:
 Goal 1: Increase the availability of permanent housing for all community residents.
o Policy 1.1: Encourage home ownership.
 Goal 3: Support and encourage the construction of new housing at a range of costs, types, and tenures and in quantities to meet the needs of all income groups, including the very low-, low and moderate-income groups.

Required Findings for TSM, Variance, and ALUCP Override 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 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 user.

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.

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.

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18 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 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 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.

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 proposed variance, the proposed subdivision will not violate any provisions of zoning code OMC 17.44.050 for density and open land requirements.

9. The proposed subdivision would violate any other city ordinance or any city code provision.
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19 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.

Findings for the Variance:

As noted, the variance is a corresponding action by the City Council, which would be needed only if the Council approves the ALUC override. The planning commission shall grant a variance only upon finding all of the following, based on substantial evidence:
a. The granting of the variance is not inconsistent with the general plan or any applicable specific plan.

As noted above, the granting of the variance is inconsistent with Safety Element Policy 5.1. However, if the City Council overrides the ALUC’s determination of inconsistency with the ALUCP, that inconsistency will be moot.
b. There are exceptional and extraordinary circumstances or conditions applying to the land, building or use referred to in the application that do not generally apply to other land, buildings or uses in the same district.

This subdivision project would be reviewed the same as other nearby uses with the exceptional circumstance of being in the B1 and B2 overflight zones, which other nearby properties were not at the time of approval. If the City Council overrides the ALUC’s determination of inconsistency with the ALUCP, the Council should also grant the corresponding variance from OMC

17.44.050, whose text is identical to the ALUCP’s with regard to allowable densities.
c. The granting of the variance will not grant a special privilege to the property.

The granting of the variance will not grant a special privilege. If granted, all subsequent development will be reviewed and conditioned exactly as all other subdivisions throughout the city of Oroville.
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20 d. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district, and that would otherwise be denied to the property in question.

The variance would convey the same property rights – i.e. a subdivision entitlement -- as those previously enjoyed by adjacent and nearby properties including the Calle Vista and Ruddy Creek subdivisions, and including the proposed Grand Acres subdivision immediately to the north of this project.

Without the variance, the project would not be viable, and would be denied similar property rights already enjoyed by the neighboring properties. e. The granting of the variance will not be materially detrimental to the public welfare.

If the City Council grants the ALUC override, there are no detrimental safety or public welfare issues to consider.
f. The granting of the variance will not be injurious to, or incompatible with, any nearby property or improvements.

The project area is adjacent to and nearby several existing similar subdivisions, and would thus be compatible with many land uses in the surrounding area.

Findings for the ALUCP override
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 one-story 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.  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 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 will turn left before reaching any homes. Planes taking off to the north are advised to veer left away from existing development, which is not a difficult maneuver. Any plane flying straight north will likely be at 79 Item 4.
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21 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.

Regarding exposing the public to excessive noise and safety hazards, because of the distance from Runway 2, the project is outside the airport’s 55 decibel noise contour. All new residential structures will be conditioned to be constructed to limit interior noise levels to a maximum of 45 decibels. 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.

FISCAL IMPACT
None. The project is subject to all customary fees.

PUBLIC NOTICE
Several notices about this project were distributed:
 A Notice of Preparation for the DEIR was sent on November 1, 2022, to the State Clearinghouse, and to all agencies and tribes and nearby property owners that may have an interest in the project and its environmental effects. The posting included posting at City Hall and on the city’s Web Site. Comments received are detailed in Table 1-3 on Page 1-5 of the DEIR.
 A public scoping meeting about the project and DEIR was conducted on November 17, 2022, in person and by Zoom.
 The DEIR was published for 45 days on April 15, 2023 with comment period ending May 30, 2023. The posting included the State Clearinghouse, to agencies who commented on the NOP, and to local property owners within 300 feet of the property. Comments received were detailed earlier in this staff report:
 A request for comments prior to the Planning Commission meeting was prepared and circulated to local and state agencies and surrounding property owners within 300 feet of the property. Additionally, the meeting date, time, and project description were published in the Oroville Mercury Register and posted at City Hall.

ATTACHMENTS

1. Tentative Map and application materials

2. Resolution P2023-14 recommending EIR certification and Findings for Environmental effects with Statement of overriding considerations and Mitigation Monitoring Reporting Plan;
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22 3. CEQA Findings

4. Resolution P2023-15 for GPA23-01 & ZC 23-01 & TSM 22-01 approvals

5. Resolution P2023-13 for ALUCP override recommendation.

6. Resolution P2023-16 for Variance approval

7. Engineers Report for TSM 22-01

8. Draft Conditional Project Approval for TSM 22-01

9. DEIR

10.FEIR with MMRP as Table ES-1

11.Draft Ordinance for Zoning Change ZC 23-01
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W. GILBERT ENGINEERING
Civil Engineering/ Land Surveying
140 Yellowstone Drive, Suite 110 • Chico, CA 95973
Phone: (530) 809-1315 • Fax: (530) 588-9030
www.wgilbertengineering.com
July 26, 2022
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
Attn:

Subject:

Wes Irvin
Feather Ranch Vesting Tentative Subdivision Map
(APN 030-230-098)
Dear Wes:

The following items are enclosed for use in determining the completeness of an application for The Feather Ranch Vesting Tentative Subdivision Map:
• Completed and signed Planning Division General Application • Completed and signed Tentative Map Application
• Completed and signed Zone Change/General Plan Amendment • Preliminary title report dated June 15, 2021
• Letter requesting waiver of preliminary soils investigation dated July 26, 2022 • Four (4) full-size copies and one (1) 11" by 17" copy of the Tentative Subdivision Map • Check made out in the amount of $16,212.37 for application fees.

Please review the attached information and return any comments to this office for processing. Thank you for your assistance.

Sincerely,
Wesley 5Gilbert,P.E.

Preside, W.G. Civil Engineers, Inc.
dba W. Gilbert Engineering
Enclosures
Cc: MD3 Investments
P:\01 Project Folders\1575 -MD3 Subdivision\OEng\Correspondence\Tentative Map Application 072622.docx 87 Item 4.
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LJUUOIJI EHVIU[IL. LJUJUOt J-T Tr-+IL-OLLD-LI)LHTUHIIH
City of Oroville
Planning Division - Community Development Department
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2430 FAX (530) 538-2426
www.citvoforoville.org
TRAKTT#:

PLANNING DIVISION GENERAL APPLICATION
(Please print clearly and fill in all that apply)
APPLICANT'S INFORMATION Project's: Engineer
Name: Alan Harlan Name: Wesley E. Gilbert
Address: 7614 N Fresno St. #102, Fresno CA 93720 Company: W. Gilbert Engineering Phone:
5593072148
Address: 140 Yellowstone Drive, Chico, CA 95973
Email: [email protected] Phone: (530) 809-1315
101
If applicant is Not the owner, please provide
Is the applicant the Owner? f o
s
wn
Ide
e
,
r tagent authorization on the reverse Email: [email protected] DEVELOPMENT PROJECTS & OTHER APPLICATIONS (Please check all that apply) I Annexation Landmark /Modification/Demolition Tentative Parcel Map _ Appeal Mining and Reclamation Plan ✓ Tentative Subdivision Map Development Review Pre-Application Use Permit
Final Map Residential Density Bonus Variance
✓ General Plan Amendment/Rezone Temporary Use Wireless Communication Facilities Landmark Designation Tentative Map Extension Zoning Clearance □ Other: (Please Specify) I ADMINISTRATIVE PERMITS (Please check all that apply)
Adult Oriented Business Outdoor Storage Special Event
Home Occupation Outdoor Display & Sales Street Closure
Large Family Day Care Second Dwelling Unit Tree Removal □ Mobile Food Vendor Sign/Temporary Sign Permit
I Other: (Please Specify) J
*Please provide a letter addressed to the Planning Division with a detailed description for the proposed project. Please include any site plans, maps, aerials, photos, and other relevant information that will help us in processing your application. ** Anv time a set of plans is reauired, three (3) sets of drawings shall be submitted, unless otherwise directed.

PROJECT INFORMATION
Project Name: Feather Ranch Subdivision Proposed Structure(s) (Sq Ft.): TBD Address: Feather Avenue Existing Structure(s) (Sq Ft.): None Nearest Cross Street: Feather Avenue and 20th Street Water Provider: Thermalito Water and Sewer Assessor Parcel Number: 030-230-098 School District: Oroville Unified School District Lot Size (Acres): 44.97 Number of Dwelling Units: 172

APPLICANT'S SIGNATURE
I hereby certify that the information provided in this application is, to my knowledge, true and correct.

Signature:,2et
I Dae: [/21/2022
urrIGE USEONLY
General
I
ing / l I I •.·.
ins [
..

M I I I 1 Iini
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LJUUOIJHI LIIV;IU[Jt IL, UJUOt-I Irr-+LHLUOELD-LI)Horrarr

AGENT AUTHORIZATION
To the City of Oroville, Department of Community Development NAME OF AGENT: Michael Stoltey PHONE NUMBER: (805) 710-7866 COMPANY NAME: MD3 Investments EMAIL: [email protected] ADDRESS: 893 Marsh Street CITY/ST/ZIP: San Luis Obispo, CA 93401 AGENT SIGNATURE:
•
[,7Mu 7"
daL"Shdl,
Is hereby authorized to process this application on my/our property, identified as Butte County Assessor Parcel Number (s):
030-230-098
This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processina, but not includina document (s) relatinq to record title interest.

Owner(s) of Record (sign and print name)
Alan Harlan
1) -----------
Print Name of Owner
7/21/2022
Date
2) ----=-----------
Print Name of Owner Signature of Owner Date
3) -----------
Print Name of Owner Signature of Owner Date
4) -----·------
Print Name of Owner
Alan Harlan
Signature of Owner
[email protected]
Owner's Mailing Address Owner's Email
Date
7-21-22
.................. , Owner's Phone #
The Community Development Department operates on a full cost recovery for processing of permits. Staff will charge their time and any expenses associated with processing the application against the initial deposit. Fees that have been captured for the reimbursement of City expenses are nonrefundable.

Technology cost recovery fees are non-refundable
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LJUUUOIJI! EtIVIU[> IL. LU7UOUJ-I ITT-H+LILJOELD-LI)HUHIJrH City of Oroville
Planning Division - Community Development Department
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2430 FAX (530)
538-2426 www.cityoforoville.org
TRAKIT#:

TENTATIVE MAP APPLICATION
(Please print clearly and fill in/provide all that apply) REQUIRED FOR A COMPLETE APPLICATION TYPE OF MAP • Please select all that apply:

DI Completed and signed Application Forms □ El Awtcanon Feet) Pata Tentative Parcel Map: $3,500.34 (Deposit) + $210.02
(6% Tech Fee) = $3,710.36
*Additional fees from the Fire Department and Public Works Division may apply for their review.

Tentative Subdivision Map: $4,041.06 (Deposit) + $242.46 (6% Tech Fee) = $4,283.52
□ Vesting Tentative Map: Same as Tentative Subdivision Map

MAP REQUIREMENTS
The tentative map shall be prepared in a manner acceptable to the city and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn and shall contain not less than the following unless requested and specifically waived by the department director:

Four (4) 24" x 36' copies, folded to 8"x11", and one (1) 8 ½" x 11" copies of the tentative map and grading plan prepared by a Registered civil engineer, drawn to scale and containing the following:
a. Name and address of property owner of record, subdivider and engineer. b. Project name, date prepared, north arrow, scale, and list of utility purveyors. c. Vicinity map.
d. Existing zoning and land use.
e. Existing topography, note contour interval of site to 100%, with 2 or 5 foot intervals for slopes greater than 10%.
f. Type, location, and drip line of existing trees over 8 inches in diameter at breast height (DBH). g. Location of existing structures, including wells and septic system, with notation "to remain" or "to be abandoned/ removed."
h. Location, width, and direction of flow of each water course and any area subject to water inundation. i. Location, width and name of existing streets, right-of-way or pavement. j. Widths, location and identity of all existing and proposed easements. k. Proposed street location, grade, centerline and radius of curves, pavement, right-of-way width and street names. Show typical sections of all streets.

I. Location and size of existing and proposed sanitary sewer mains, storm drains and fire hydrants. m. Lot layout and dimensions including parcel size.
n. Proposed lot grading, building pad elevation, top and toe of cut and fill slopes, and approximate location of street grades. Include a separate grading plan for subdivisions. o. Proposed trails, parks, school sites, and common areas for public or private use. p. Phasing sequence, if any.
q. The subdivider, or subdivider's designated agent, shall file a tentative parcel map application with the Zoning Administrator. The submitted material shall conform to the requirements of the Zoning Administrator as to form and content. Rules governing form and content shall conform to the requirements of Section 66445 of the Government Code and shall require enough information to ensure adequate consideration.
r. The subdivider shall specify any deviation from city standards and the justification for such deviation. s. The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map.

Upon the written request of the subdivider, the department may waive any of the above tentative map requirements if the department determines that the type of subdivision does not justify compliance with these requirements, or if the department determines that other circumstances justify a waiver. The department may require other drawings, data, or information as deemed necessary by the department to accomplish the purposes ofthe Subdivision Map Act.

Vesting Tentative Maps are processed in the same manner as regular tentative maps with the exception that all discretionary approvals required prior to issuance of the construction permits must be obtained prior to action of the tentative map. Vesting maps must comply with City requirements and Subdivision Map Act requirements. A Vesting Map protects the right to develop and obtain building permit(s) even if land use regulations change between the time when map approvals are obtained and building permit(s) are issued. 90 Item 4.
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LJUuIJHI LIVIU[; IL. LJUAUOJIJ-I Irr-+LIL-OLD-LIJZHUUHrrH

REQUIRED DATA/ REPORTS
The tentative map shall be accompanied by the following data and reports:
[i] 1. Street Names. A list of proposed street names for any unnamed street or alley for review by the city engineer. □ 2. Soils Report. A preliminary soils report prepared in accordance with the provisions of chapter 70 (Excavation and Grading) of the Uniform Building Code shall be submitted. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. Wt11Ve-f' E .$..

R] 3. Title Report. Current Title Report, less than 6 months old. [re/mn4rs $, l epo
□ f

4. Environmental Review. Information shall be submitted as required by the department to allow a determination on environmental review to be made in accordance with CEQA. The subdivider shall deposit and pay all fees as may be required for the preparation and processing of environmental review documents. E1R Mo be Prearel 73 J

5. Preliminary Engineering Calculations. Information shall be submitted as required by the standard engineering specifications to demonstrate the adequacy of the design of the proposed improvements. Such information shall include design parameters and engineering calculations.

El 6. Phasing. If the subdivider plans to file multiple final maps on the tentative map, he shall submit a written notice to this effect to the community development director. □ 7. Arborist Report. If oak trees exist on the property, 3 copies of an Arborist Report. j//t f a-sre }reel □ 8. Other Reports. Any other data or reports deemed necessary by the department.

An application will not be considered as complete until all of the information has been submitted to the Planning Department. Information required will vary by type of map (parcel / subdivision). Incomplete applications will not be processed.

REQUIRED DATA/ REPORTS
By initialing below, I acknowledge and agree to the following:
~

1. The applicant shall defend, indemnify, and hold harmless the City, and each of its officers, employees and agents, from and against any and all claims, actions and proceedings, within the time period set forth in Government Code section 66499.37, to attack, set aside, void or annul any of the decisions or determinations which the City makes in connection with the approval of the tentative parcel map or with the adoption of any environmental document relating thereto under the California Environmental Quality Act (CEQA). The applicant shall reimburse the City and each of its officers, employees and agents for any costs, including but not limited to court costs, awards to plaintiff/ petitioner for costs and attorneys' fees and any other litigation expenses that the City may be required to pay to plaintiff/petitioner because of such approval or adoption. The City shall reasonably cooperate in the defense of any such litigation, which duty to cooperate shall include the following Ea a. The City shall notify the applicant promptly of any claim, action or proceeding of which it becomes aware. [t] b. The City shall have the right to retain legal counsel of its choice, at the sole cost and expense of the City, to defend the City in litigation, but such defense shall not relieve the applicant of any obligation imposed by this indemnity.
fl C. The applicant shall have the right to approve any settlement.

APPLICANT'S SIGNATURE
I hereby certify that the information provided in this application is, to my knowledge, true and correct.

Signature:
l
[Oocl>Slgn•d.by:
77 Date: 7/21/2022
ONL
Approved By:

Payment:

If
The Community Development Department operates on a full cost recovery for processing of permits. Staff will charge their time and any expenses associated with processing the application against the initial deposit Fees that have been captured for the reimbursement of City expenses are nonrefundable.

Technology cost recovery fees are non-refundable
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City of Oroville
PlanningDivision - Community Development Department
1735 Montgomery Street
Orovlle, CA 95965-4897
(530) 538-2430 FAX (530) 538-2426
www.cityoforovil e.org
TRAKIT#:

ZONE CHANGE/ GENERAL PLAN AMENDMENT
(Please print clearly and fill in/provide all that apply)

REQUIRED FOR A COMPLETE APPLICATION I TYPE OF PERMIT
01 Completed and signed Application Forms
[ly A»eon ree Pao
QI General Plan Amendment:

LY] $3,946.84 (Deposit) + $236.81 (6% Tech Fee) = $4,183.65 I.7l/ zone change:

L" J $3,104.02 (Deposit) + $186.24 (6% Tech Fee) = $3,290.26 provide a copy of recorded documents showing current ownership and legal description of affected parcels. If the rezone Involves more than 1 parcel, a petition must be submitted, signed by a minimum of 60% of the owners of the affected parcels.

PROJECT INFORMATION
DI
Prezone:
$3,104.02 (Deposit) + $186.24 (6% Tech Fee) = $3,290.26 Assessor Parcel Number (APN) I Zoning General Plan Land Use Designation Existing Proposed Existing Proposed
1)030-230-098 1)ABP 1)R-1 1)ABP 1)MLDR
2) 2) 2) 2) 2)
3) 3) 3) 3) 3)
4) 4) 4) 4) 4)
5) 5) 5) 5) 5)
6) 6) 6) 6) 6)
7) 7) 7) 7) 7)
8) 8) 8) 8) 8)
9) 9) 9) 9) 9)

REASONS FOR PROPOSED CHANGE
To develop a 172 lot single-family residential subdivision and neighborhood park. The average lot size is 7,450 square feet. The subdivision improvements and amenities include streets improved with curb, gutter and sidewalk, a pedestrian/bike path along the major north-south street and a neighborhood park containing walking paths and storm water detention basin.

APPLICANT'S SIGNATURE
I hereby certify that the information provided in this application is, to my knowledge, true and correct. 92 Item 4.
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ADDITIONAL INFORMATION
The Community Development Department operates on a full cost recovery for processing of permits. Staff will charge their time and any expenses associated with processing the application against the Initial deposit. Fees that have been captured for the reimbursement of City expenses are nonrefundable.

Technology cost recovery fees are non-refundable
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W. GILBERT ENGINEERING
Civil Engineering/ Land Surveying
140 Yellowstone Drive, Suite 110 • Chico, CA 95973
Phone: (530) 809-1315 • Fax: (530) 588-9030
www. wg i I berteng i neeri ng. com
July 26, 2022
City of Oroville
Public Works Department
1735 Montgomery Street
Oroville, CA 95965
Attn:

Subject:

Matt Thompson, City Engineer
Feather Ranch Vesting Tentative Subdivision Map
(APN 030-230-098)
Dear Matt:

The purpose of this letter is to request a waiver of the preliminary soils report and geologic reconnaissance report for the Feather Ranch Vesting Tentative Subdivision Map. A soils report and geologic reconnaissance will be prepared for the subdivision map before starting the subdivision improvement plans.

Thank you for your consideration. Please call this office if you have any questions or need additional information.

Sincerely,
Wesley
Presidt, W.G. Civil Engineers, Inc.
dba , Gilbert Engineering
Cc: MD3 Investments
P:\01 Project Folders\1575 - MD3 Subdivision\0Eng\Correspondence\Request for Waiver of Soils Report 072622.docx 94 Item 4.
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1 RESOLUTION NO. P2023-14

A RESOLUTION OF THE OROVILLE PLANNING COMMISSION RECOMMENDING

THAT THE CITY COUNCIL CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT FOR TENTATIVE SUBDIVISION MAP TSM 22-01 – THE PROPOSED

FEATHER RANCH SUBDIVISION -- AND MAKE CERTAIN FINDINGS, REQUIRE

CERTAIN MITIGATION MEASURES, AND ADOPT OF STATEMENT OF

OVERRIDING CONSIDERATIONS FOR THOSE SIGNIFICANT AN UNAVOIDABLE

IMPACTS IDENTIFIED IN THE EIR
.

WHEREAS, the 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 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, 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 EIR was circulated 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 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 Planning Commission 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 City’s staff report regarding the change.
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2 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION as follows:

1. The Planning Commission recommends that the City Council:
a. Certify the Final Environmental Impact Report.
b. Adopt the attached Environmental findings, mitigation measures, and Statement of Overriding Considerations.
c. Approve General Plan Amendment GPA 23-01.
d. Approve Zoning Change ZC 23-01 with certain required findings. e. Conduct a two-thirds vote to Intend to Override the ALUC’s inconsistency determination.
f. Notify the Bute County ALUC and California Division of Aeronautics of the Council’s intent to override the ALUC’s inconstancy determination. g. After the required 45-day waiting period for comments from the ALUC and Division of Aeronautics, Override the ALUC’s inconsistency determination.
h. Approve Tentative Parcel Map TSM 22-01

2. Subject to approval of TSM 22-01 by the City Council, the Planning Commission approves Variance VAR 23-01 with the findings required by Section 17.44.050 of the Oroville City Code, as those findings are described in this Resolution.

I HEREBY CERTIFY that the foregoing resolution was duly introduced and passed at a special meeting of the Planning Commission of the City of Oroville held on the 22nd of June, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVE:

_______________________________ _______________________________

JACKIE GLOVER, ASSISTANT CITY CLERK CARL DURLING, CHAIRPERSON 96 Item 4.
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CEQA FINDINGS

PROPOSED PROJECT

FEATHER RANCE SUBDIVISION, INCLUDING GENERAL PLAN AMENDMENT GPA 23-01, ZONE CHANGE ZC23-01, TENTATIVE SUBDIVISION MAP TSM 22-01, VARIANCE VAR 23-01, AND AN OVERRIDE OF AN INCONSISTENCY

DETERMINATION OF THE BUTTE COUNTY AIRPORT LAND USE COMMISSION 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 (ABP) 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, and a Zoning Code Variance. 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 as Table ES-1.

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 OMA B1 and B2 Compatibility 97 Item 4.
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Zones. The only mitigation possible would be to either eliminate the use of the airport or move the Project to a location outside of the B1 and B2 Compatibility Zones. Neither 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. Tot 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 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. 98 Item 4.
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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

1 The vote was unanimous with one Commissioner recused himself since he lives very near the project area.

Figure 1 – Airport Compatibility Zone Map with Site
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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 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 portions of the property that fall within compatibility zone B1 are considered to be a separate site from the portions of the property that fall 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 100
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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.

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

2 An operation is either a takeoff or landing. For instance, if a pilot performs a “touch and go”, that counts as two operations.
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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.

Table 1
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. The airport was actively used as a helicopter staging area for emergency 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/ 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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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 ~615 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 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

5 https://aviation.stackexchange.com/questions/43394/is-it-possible-to-calculate-the-distance-to-climb-to1000-ft-in-cessna-172s 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.

Commented [CM1]: These improvements have
already been completed and should be noted in the staff report as having been done
Commented [CM2]: Double check this with
someone who knows airports and planes. Just took
it from the AirNav site
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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.

Figure 2 – Airport CNEL dB Contour Lines
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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 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.

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 toles 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. Tot 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.

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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. Project would be expected to generate VMT at 140 to 145 percent of the baseline City of 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 measuresTR1 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. Tot 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.

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 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”.

10 Page 3.9-21 of the DEIR
11 Page 3.9-2 of the DEIR.
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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 Ceres 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 Ceres’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 107
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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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1 RESOLUTION NO. P2023-15

A RESOLUTION OF THE OROVILLE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT GPA 23-01, ZONING CHANGE ZC 23-01, AND TENTATIVE SUBDIVISION MAP TSM 22-01 FOR THE PROPOSED FEATHER RANCH SUBDIVISION.

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 also create a 0.95-acre Lot A for purposes of passive recreation with pedestrian pathways and wetland feature conservation and 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; 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 four 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 109
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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 Planning Commission 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 City’s staff report regarding the change.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION as follows:

1. The Planning Commission recommends that the City Council:
a. Certify the Final Environmental Impact Report.
b. Adopt appropriate Environmental findings, mitigation measures, and Statement of Overriding Considerations.
c. Approve General Plan Amendment GPA 23-01.
d. Approve Zoning Change ZC 23-01 with certain required findings and Ordinance XXXX.
e. Conduct a two-thirds vote to Intend to Override the ALUC’s inconsistency determination.
f. Notify the Bute County ALUC and California Division of Aeronautics of the Council’s intent to override the ALUC’s inconstancy determination. g. After the required 45-day waiting period for comments from the ALUC and Division of Aeronautics, Override the ALUC’s inconsistency determination.
h. Approve Tentative Parcel Map TSM 22-01

2. Subject to approval of TSM 22-01 by the City Council, the Planning Commission approves Variance VAR 23-01 with the findings required by Section 17.44.050 of the Oroville City Code, as those findings are described in this Resolution.

RECOMMENDED 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:
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3 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 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 user.

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.

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 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 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 111
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4 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.

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 proposed variance, the proposed subdivision will not violate any provisions of zoning code OMC 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.
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5 I HEREBY CERTIFY that the foregoing resolution was duly introduced and passed at a special meeting of the Planning Commission of the City of Oroville held on the 22nd of June 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVE:

_______________________________ _______________________________

JACKIE GLOVER, ASSISTANT CITY CLERK CARL DURLING, CHAIRPERSON 113
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1 RESOLUTION NO. P2023-13

A RESOLUTION OF THE OROVILLE PLANNING COMMISSION RECOMMENDING

THAT THE OROVILLE CITY COUNCIL 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, the 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 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, can 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
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2 WHEREAS, at a duly noticed public hearing, the Planning Commission 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 City’s staff report regarding the change.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION as follows:

1. The Planning Commission recommends that the City Council:
a. Conduct a two-thirds vote to Intend to Override the ALUC’s inconsistency determination.
b. Notify the Bute County ALUC and California Division of Aeronautics of the Council’s intent to override the ALUC’s inconstancy determination. c. After the required 45-day waiting period for comments from the ALUC and Division of Aeronautics, Override the ALUC’s inconsistency determination. d. After the Override decision, approve GPA 23-01, ZC 23-01, and TSM 22-01.

RECOMMENDED 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 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 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. 115
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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.

I HEREBY CERTIFY that the foregoing resolution was duly introduced and passed at a special meeting of the Planning Commission of the City of Oroville held on the 22nd of June 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVE:

_______________________________ _______________________________

JACKIE GLOVER, ASSISTANT CITY CLERK CARL DURLING, CHAIRPERSON 116
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1 RESOLUTION NO. P2023-16

A RESOLUTION OF THE OROVILE PLANNING COMMISSION APPROVING VARIANCE VAR 23-01 FOR THE PROPOSED FEATHER RANCH SUBDIVISION, SUBJECT TO THE CITY COUNCIL’S APPROVAL OF TSM 22-01.

WHEREAS, the 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 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, 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 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 Planning Commission considered the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the approval of Tentative 117
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2 Subdivision Map TSM 22-01 described herein, and also considered the City’s staff report regarding the change.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION as follows:

1. Subject to approval by the City Council of TSM 22-01, GPA 23-01, ZC 23-01 and the override, the Planning Commission approves Variance VAR 23-01 with the findings required by Section 17.44.050 of the Oroville City Code, as those findings are described in this Resolution.

FINDINGS
Findings for the Variance:

As noted, the variance is a corresponding action by the City Council, which would be needed only if the Council approves the ALUC override. The planning commission shall grant a variance only upon finding all of the following, based on substantial evidence:
a. The granting of the variance is not inconsistent with the general plan or any applicable specific plan.

As noted above, the granting of the variance is inconsistent with Safety Element Policy 5.1. However, if the City Council overrides the ALUC’s determination of inconsistency with the ALUCP, that inconsistency will be moot.
b. There are exceptional and extraordinary circumstances or conditions applying to the land, building or use referred to in the application that do not generally apply to other land, buildings or uses in the same district.

This subdivision project would be reviewed the same as other nearby uses with the exceptional circumstance of being in the B1 and B2 overflight zones, which other nearby properties were not at the time of approval. If the City Council overrides the ALUC’s determination of inconsistency with the ALUCP, the Council should also grant the corresponding variance from OMC

17.44.050, whose text is identical to the ALUCP’s with regard to allowable densities.
c. The granting of the variance will not grant a special privilege to the property.

The granting of the variance will not grant a special privilege. If granted, all subsequent development will be reviewed and conditioned exactly as all other subdivisions throughout the city of Oroville.
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3 d. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district, and that would otherwise be denied to the property in question.

The variance would convey the same property rights – i.e. a subdivision entitlement -- as those previously enjoyed by adjacent and nearby properties including the Calle Vista and Ruddy Creek subdivisions, and including the proposed Grand Acres subdivision immediately to the north of this project.

Without the variance, the project would not be viable, and would be denied similar property rights already enjoyed by the neighboring properties. e. The granting of the variance will not be materially detrimental to the public welfare.

If the City Council grants the ALUC override, there are no detrimental safety or public welfare issues to consider.
f. The granting of the variance will not be injurious to, or incompatible with, any nearby property or improvements.

The project area is adjacent to and nearby several existing similar subdivisions, and would thus be compatible with many land uses in the surrounding area.

I HEREBY CERTIFY that the foregoing resolution was duly introduced and passed at a special meeting of the Planning Commission of the City of Oroville held on the 22nd of June 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVE:

_______________________________ _______________________________

JACKIE GLOVER, ASSISTANT CITY CLERK CARL DURLING, CHAIRPERSON 119
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CITY OF OROVILLE

ENGINEERING
1735 MONTGOMERY STREET, OROVILLE, CA 95965-4897
(530) 538-2507 FAX (530) 538-2426
WWW.CITYOFOROVILLE.ORG
DATE: JUNE 7, 2023
TO: PLANNING COMMISSION
FROM: Matt Thompson, Acting City Engineer, 538-2507
Community Development Department
RE: Engineer’s Report
Feather Ranch Vesting Tentative Subdivision Map 22-01
This office has reviewed the Feather Ranch Vesting Tentative Subdivision Map 22-01 and herewith submits the following findings and recommendations.

A. TIMING AND NATURE OF PUBLIC IMPROVEMENTS
The City Engineer will determine the nature, extent, timing and limits of required road/street public improvements to be constructed as part of any development (including phased development) versus payment of an in-lieu fee as well as reimbursements for construction of future Nexus/CIP facilities.

B. PUBLIC FACILITY CONSTRUCTION

1. Streets
a) The Subdivider shall construct City standard streets and appurtenant facilities at the following locations in conformance with the typical sections. Street structural sections to be determined based upon findings from the Soils Report:
1) Interior to subdivision – Full urban improvements.
2) Adjacent to subdivision– Full urban improvements.
b) All corner lots shall be subject to intersection sight distance criteria as established by the City Engineer. Appropriate easements shall be dedicated as needed on the Final Map.
c) Street names shall be approved concurrent with the improvement plans and prior to recordation of the Final Map.
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2. Storm Drainage
a) Facility Construction - The Subdivider shall design and install the following City standard storm drain facilities:
1) Interior to Subdivision - Curb, gutter, and an underground storm drain system with all appurtenances.
i. Future storm drainage needs outside of the project shall be examined to the extent that improvements to serve such areas need to be built within this subdivision. Said improvements shall be constructed by the Subdivider. ii. Any publicly owned storm drain facilities shall have full vehicle access. 2) Adjacent to Subdivision - Curb, gutter and an underground storm drain system with all appurtenances along the subdivision frontage.
i. Future storm drainage needs outside of the project shall be examined to the extent that improvements to serve such areas need to be built adjacent to this subdivision. Said improvements shall be constructed by the Subdivider. b) NPDES Requirements
1) The subdivision shall comply with all of the requirements of “State Water Resources Control Board (Board) Water Quality Order No. 2013-0001-DWQ National Pollutant Discharge Elimination System (NPDES) General Permit No.

CAS000004, Waste Discharge Requirements (WDRs) for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4s) (General Permit) or successor General Permits.
2) The development shall conform with section “E.12 Post Construction Water Management Program” of the General Permit.
3) Prior to construction a Storm Water Pollution Prevention Plan (SWPPP) shall be developed and implemented in accordance with the Board’s “National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order No. 2009-0009-DWQ NPDES No. CAS000002”
c) Storm Drainage Detention Facilities
Surface storm drainage detention facilities shall be landscaped with turf (or an approved alternate) and shall be provided with an irrigation system. Any surface water quality treatment facility shall be vegetated in accordance with a landscape plan approved by the City and shall also be suitably provided with adequate irrigation. 121
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C:\Users\MeetingsOfficeUser5\AppData\Local\Temp\tmpB81.tmp d) Storm Drainage Analysis
The storm drain analysis shall comply with Section B.2.b.2 of this report and shall establish tributary area, size, grade, depth, and location for all the following storm drain facilities:
 Underground pipes.
 Open, natural swales.
 Improved channels.
 Storm water runoff management facilities.
 Outfall facilities discharging to natural channels.
 Both ultimate and interim facilities serving streets exterior to the subdivision that are required to be constructed herein.
e) The Subdivider shall pay a storm drain fee calculated in accordance with the current fee schedule under the requirements of the Oroville Municipal Code, prior to filing the final map.

3. Sanitary Sewer
a) Facility Construction
The Subdivider shall design and install the following sanitary sewer facilities:
1) Interior to Subdivision - An underground sanitary sewer system, with all appurtenances, serving all lots.
2) Adjacent to Subdivision - An underground sanitary sewer system, with all appurtenances, along the subdivision frontage.

4. Street Signs and Striping
The Subdivider shall install City standard street signs, regulatory signs, pavement striping and pavement markings on all streets, and bicycle facilities that they are required herein to construct.

5. Street Lights
The Subdivider shall install City standard streetlights with shielding on steel poles with concrete bases on all streets that they are required herein to construct.

6. Street Trees
Street trees shall be planted in accordance with the recommendation of the Community Development Department. The number, type, and sizes shall be as directed by the Community Development Department.
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7. Landscaping
a) The Subdivider shall install landscaping and an irrigation system at the following locations between the back of curb and property line on the following streets:
1) Feather Avenue
2) 20th Street
3) Biggs Avenue
4) Gentle Rain Lane
C. MAINTENANCE

1. Prior to filing the Final Map, the Subdivider shall be required to make provisions to fund the maintenance of certain public improvements. The improvements to be covered shall be:
a) Landscaped areas of Section B.7 noted above,
b) The detention pond (or alternatively underground storage galleries) and the balance of Lot A,
c)
The district or alternate funding mechanism shall be complete and formed prior to recordation of the Final Map.

D. SUBDIVISION GRADING

1. Soils Report
The Subdivider shall submit a Geological and/or Soils Report, prepared by a registered engineer, that includes, but is not limited to, the following:
a) An investigation of the nature, distribution and strength of existing soils. b) A description of site geology.
c) Conclusions and recommendations covering the adequacy of the site for the proposed development, storm drainage disposal, grading procedures and corrective measures. d) Verification that the site is suited to proposed BMPs.

2. Grading Standards
All subdivision grading shall be in conformance with Chapter 15.88 “Grading, Excavation, and Sediment Control” et al, of the Oroville Municipal Code.

3. Grading Plan
The Subdivider's engineer shall submit a subdivision grading plan that includes, but is not limited to, the following:
a) The subdivision limits, contours and details of existing terrain and drainage. b) Existing structures or other topographic features that are to remain undisturbed. 123
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C:\Users\MeetingsOfficeUser5\AppData\Local\Temp\tmpB81.tmp c) The proposed subdivision lots and streets, together with a schematic layout of the proposed storm drain system.
d) Existing ground elevations at all corners of proposed lots. e) Proposed finished lot corner grades and finished pad grades. f) Proposed lot grades indicating lot drainage.
g) Pertinent recommendations from the above required Geological and/or Soils Report. h) Pertinent construction details to assure compliance with City of Oroville Grading Standards.
i) All lots shall be graded to drain overland from back to front as depicted on the details shown on the map.
1) Where overland flow can not be achieved, yard drains shall be provided. Yard drains shall connect directly to the storm drain, or discharge to the gutter via curbface outlets. Discharge across the sidewalk will not be allowed. 2) Cross-lot drainage easements, whether public or private, will not be permitted unless they are the only physical solution available.

4. Final Grading Report
Upon completion of the subdivision grading and prior to final inspection by the City, the Subdivider's engineer shall submit a Final Grading Report that certifies the following:
a) That final grading complies with the approved grading plan or any approved revisions.
b) That the subdivision grading complies with the recommendations included in the Geological and/or Soils Report. Any changes made during grading that affected these recommendations shall be assessed.
c) That the subdivision soils are adequately compacted for their intended use, in conformance with City of Oroville Grading Standards. The results of all field density tests and all other substantiating data shall be included in the Final Grading Report.

The subdivision grading plan shall be submitted to the City Engineer for review and approval prior to the start of any work and shall be considered as part of the construction plans.

E. PROPERTY CONVEYANCES

1. Dedications
In conjunction with recordation of the Final Map for this subdivision, the Subdivider shall:
a) Dedicate, acquire or bear the cost of acquisition of public rights of way or easements as necessary to construct the public improvements required. b) Convey to the City all abutter's rights of access from the abutting lots of the subdivision to the following streets: Feather Avenue, Biggs Avenue, and 18th Street. 124
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C:\Users\MeetingsOfficeUser5\AppData\Local\Temp\tmpB81.tmp c) Unless otherwise found to be unnecessary, dedicate an Avigation Easement to the City over the existing lots within the subdivision boundary as required by the Community Services Director.
d) Dedicate a 10-foot-wide public service easement adjacent to public rights of way. e) Dedicate a 3-foot-wide public utility easement adjacent to all side lot lines. f) Dedicate at least 1.2-acres for parklands including any required improvements thereon or pay an equivalent in-lieu fee.

F. LOT RESTRICTIONS
No restrictions are applicable currently. The Planning Commission has the discretion to impose restrictions.

G. OTHER PUBLIC SERVICES

1. Public Utilities
a) Underground Requirements - The Subdivider shall install the following utilities underground:
1) All new utilities serving this subdivision.
2) All existing utilities in public rights-of-way that are within or adjacent to this subdivision.
b) Easement Obstructions - All public utility and/or public service easements shall be kept free and clear of any and all obstructions, including but not limited to, structures, longitudinal fencing and/or sound walls, which may impede the construction, operation and maintenance of public utility facilities within such easements.

2. Fire Protection
The Subdivider shall pay for the installation of fire hydrants within the subdivision in conformance with the recommendations of the Fire Department, City of Oroville, or their successor.

3. United States Postal Service
The Subdivider shall install concrete pads for NDCBU delivery to the lots of this subdivision. The pads shall be depicted on the subdivision improvement plans and are subject to approval by both the local office of the United States Postal Service and the Planning Services Department.

H. PERMITS FROM OUTSIDE AGENCIES
The Subdivider shall obtain all required permits from outside agencies having pertinent jurisdiction prior to recordation of the Final Map for this subdivision. 125
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C:\Users\MeetingsOfficeUser5\AppData\Local\Temp\tmpB81.tmp I. Other Permits
The Subdivided shall submit a completed “Application Requesting Permission to Plant, Remove, Alter, or Disturb Public Trees” from to the Public Works Department. The Subdivider shall comply with any and all recommendations/requirements prior to commencing any construction activities on the site.

J. DESIGN CRITERIA AND IMPROVEMENT STANDARDS
All public and joint-use private improvements shall be designed in accordance with the Oroville Municipal Code, except as modified by the conditions of approval for this subdivision.

The Subdivider shall submit improvement plans, profiles, typical sections, details and specifications to the Public Works Department for review and approval prior to the start of any construction of public and joint-use private improvements.

All public and joint-use private improvements shall be constructed in conformance with the Oroville Municipal Code and in conformance with the details shown on the approved improvement plans.

When standard plans and specifications for any aspect of the project are not available, the Subdivider and the City Engineer may agree on the use of another agency’s standard plans and specifications.

K. ENVIRONMENTAL CLEARANCE
The developer shall work with the Planning Department to obtain the appropriate environmental clearance.

L. ADMINISTRATIVE REQUIREMENTS

1. Revised Tentative Map
The Subdivider shall prepare a Project Map, consisting of a copy of the Tentative Map modified to depict all requirements of this subdivision report or the resolution of approval that alter the street layout, the lot configuration, or any other substantive item depicted on the Tentative Map as originally submitted.

The revised tentative map shall be submitted, reviewed, and approved by the Community Development Department Director and the City Engineer prior to initial submittal of the improvement plans or Final Map for this subdivision.
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2. Subdivision Improvement Agreement
Subdivider shall complete all public and joint-use private improvements prior to recordation of the Final Map. If Subdivider wishes to record prior to the completion of said improvements, Subdivider shall enter into a subdivision improvement agreement in conformance with Chapter 16.16.210 “Completion of Improvements” of the Oroville Municipal Code.

3. Subdivision Fees
a) Plan Checking Fee
The Subdivider shall pay to the City of Oroville a subdivision plan checking fee upon filing the Final Map and/or improvement plans and specifications for checking in the following amount:

An initial deposit of 1½% of the estimated cost of all public and/or joint use private improvements exclusive of private utility facilities ($162.95 minimum). A final fee equal to actual City costs.
b) Inspection Fee
The Subdivider shall pay to the City of Oroville an inspection fee prior to commencing construction in the following amount:

An initial deposit of 3% of estimated cost of all public and/or joint use private improvements exclusive of private utility facilities ($162.95 minimum). A final fee equal to actual City costs.

Matt Thompson, P.E.

Acting City Engineer
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1 City of Oroville

COMMUNITY DEVELOPMENT DEPARTMENT
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2430 FAX (530) 538-2426 www.cityoforoville.org Approval Date To Be determined.
*** DRAFT***LETTER OF APPROVAL
RE: The Feather Ranch Subdivision Tentative Subdivision Map TSM 22-01 Dear Mr. Stoltey,
On _________________, the Oroville City Council completed its last necessary action to approve Feather Ranch Subdivision Tentative Map TSM 22-01. ***DRAFT*** CONDITIONS OF APPROVAL
To be refined as project review progresses. Applicant and planning commissioners please comment.

Approved project: MD3 Investments plans to subdivide and develop a 44.97-acre vacant and undeveloped parcel (APN 030-230-098) into 172 single-family detached residential lots immediately west of 20th Street with access points off Feather Avenue, Biggs Avenue, and 20th Street. The homes and streets would be developed on approximately 40.197 acres, with a 0.95-acre (41,332 s.f.) passive open space at the southwest corner of Feather Avenue and 20th Street, and a meandering multi-use path along the central roadway (Gentle Rain Lane) of the subdivision.

Improvements to 20th Street and abutting roadways include curbs, gutters and sidewalks adjacent to the project site. Sidewalks would front 20th Street, Biggs Avenue, and Feather Avenue as well as along all internal proposed roadways. Greenway space will be provided along internal sidewalks, around the proposed 0.95-acre combined storm drainage retention basin and open space at the northeastern corner of the site, and fronting 20th Street and Biggs Avenue. Storm drainage facilities are proposed throughout the project site, with connections tying in together internally, prior to tying into storm drainage facilities located within 20th street.
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2 Necessary discretionary approvals prior to approval of TSM 22-01:
 General Plan Amendment GPA 23-01, to change the Land Use Designation to Medium Low Density Residential.
 Zoning Change ZC 23-01, to change the Zoning to R-1.
 A Variance VAR 23-01 to allow the project to exceed airport overlay density requirements.
 An Override of the ALUC’s inconsistency determination for density in the Airport Area of Influence.

TSM 22-01 and Engineer’s Report
The Tentative Subdivision Map of August 8, 2022, has been approved subject to the conditions in the accompanying Engineer’s Report dated June 7, 2023. All conditions must be met prior to approval of the Final Map.

The following specific conditions apply:

1. Applicant shall obtain a will-serve letter from the Thermalito Water and Sewer District prior to approval of the Tentative Subdivision Map and conduct a capacity study with SC-OR.

2. The applicant shall provide a parkland dedication of 2.5 acres either to the Feather River Recreation and Park District and/or an in-lieu fee. Details to be worked out prior to project approval by the City Council.

3. Applicant shall assist as needed the process of annexation of the subdivision into Community Facilities Districts CFO2006-1 and CFO2006-2.

4. Fencing around the perimeter of the subdivision shall be wood at a minimum of 6-feet high.

5. A deed notice is required to be included in any parcel transfer document, which puts the buyer on notice that the house is within the airport area of influence and may therefore encounter discomfort, inconvenience or annoyance from the noise generated by operations at the airport.

6. Each lot shall be developed with a detached single-family residence designed in accordance with the City’s residential development, parking, and design standards in OMC 17.28.020,

17.12.070, and the City of Oroville Design Guidelines of 2015. Additional requirements are as follows:
a. No more than 172 lots for development with single family dwellings shall be created in this subdivision.
b. All conditions of approval of Tentative Subdivision Map 22-01 including access to and street improvements for 20th Street, Feather Avenue, Biggs Street, and all interior roads to the subdivision, shall be implemented. c. Required lot development standards shall conform to the normal R-1 development standards and as follows:
1) All homes shall include a 2-car garage.
2) A minimum of 4 different floor plans shall be utilized throughout the subdivision.
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3 3) All homes constructed on lots in this subdivision shall conform as practicable to the goals, site planning, building design, landscape design, accessory structure and lighting guidelines of the City’s adopted Residential Design Guidelines.
4) Home models shall vary within the subdivision with no two same floor plans being adjacent to each other unless the floor plan is “flipped” and the exterior façade treatment is different. The same floor plans shouldn’t be built directly across from each other.
5) Structures shall have the mass of the front elevation broken into a minimum of two planes (increasing setbacks from front property line). 6) Colors: Hue variations in adjacent homes shall be provided to create diversity.

No adjacent home shall have the same color scheme. The front elevation shall have a minimum of a four-color paint scheme.
7) On corner lots, roof, window, and wall finish features shall be wrapped around to the street-side wall to continue the articulation of the front elevation and provide interest from the street.
8) Fencing: Typical side yard fencing shall be solid and continuous wood fencing or equivalent, not greater than 6’ in height. Fencing along the boundaries of the property shall be solid and continuous wood fencing not more than 6’ in height, and subject to approval of the Planning Manager prior to installation. 9) All fencing shall be installed by the contractor/developer prior to issuance of occupancy permits, weather permitting. In cases where weather may delay fencing and landscaping installation, occupancy may be permitted with approval of the City and the buyer. In such cases, fencing and landscaping shall be installed at the earliest possible time.

7. All site, building and landscaping plans shall be submitted to the Development Review Committee for review and approval prior to building plan submittal, and shall comply with the conditions in the ordinance approving Zoning Code ZC 20-02.

Environmental Mitigation Monitoring Plan
Applicant shall comply with the air quality, species survey, construction staging, and other requirements of the adopted Mitigation Monitoring Matrix found in the Final Environmental Impact Report
General Conditions

1. The applicant shall hold harmless the City, its Council members, Planning Commissioners, officers, agents, employees, and representatives from liability for any award, damages, costs, and/or fees incurred by the City and/or awarded to any plaintiff in an action challenging the validity of this permit or any environmental or other documentation related to approval of this permit. Applicant further agrees to provide a defense for the City in any such action.
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4 2. The project shall remain in substantial conformance with the Conditions of Approval, as adopted and described above. Any subsequent minor changes in the project (as determined by the Zoning Administrator) may only occur subject to appropriate City review and approval. Any subsequent substantive changes in the project (as determined by the Zoning Administrator) may only occur subject to discretionary review by the Oroville Planning Commission or City Council, whichever is applicable.

3. The applicants shall have a current City of Oroville business license and any other applicable permit/license that may be required as part of their business operations.

4. Applicable construction plans, calculations, specifications, applications, forms, etc. shall be submitted to the Building Division for review prior to the start of any construction activities requiring a building permit. All applicable plan review and impact fees shall be paid at time of submittal.

5. All applicable development impact fees shall be paid prior to issuance of a building permit.

6. The applicant shall ascertain and comply with the requirements of all City, County, State, Federal, and other local agencies as applicable to the proposed project.

7. All grading, paving, excavation and site clearance, including that which is exempt from obtaining a permit, shall be performed in conformance with the City’s Engineering Design Standards; the Municipal Code; the requirements of the State Regional Water Quality Control Board; and any other applicable local, state and federal requirements.

8. The project shall comply with the City’s noise ordinance as found in the OMC Chapter 9.20.

9. All construction projects are required to implement dust control measures to reduce particulate matter emissions due to disturbance of exposed top-soils, such as watering of active areas where disturbance occurs, covering haul loads, maintaining clean access roads, and cleaning the wheels of construction vehicles accessing disturbed areas of the site. See the Mitigation Monitoring Matrix for specific mitigation requirements.

10. All grading and paving shall be conducted in compliance with the Butte County Air Quality Management District’s Indirect Source Guidelines, in order to prevent degradation of ambient air quality. This includes using electrically powered construction equipment whenever possible.

11. Applicant hereby certifies that any and all statements and information provided as part of the application are true and correct to the best of their knowledge and belief.

Any misinformation provided, whether intentional or unintentional, that was considered in the issuance of this permit may be grounds for revocation. 131
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5 Additional Draft Subdivision Construction and Occupancy Conditions –Civil Design Standards are in the Engineer’s Report
Prior to site grading.

1. All grading, paving, excavation, and site clearance, including that which is exempt from obtaining a permit, shall be performed in conformance with the City’s Engineering Design Standards; the Municipal Code; the requirements of the State Regional Water Quality Control Board; and any other applicable local, state, and federal requirements.

2. A site grading, drainage and improvement plan shall be prepared by a Registered Civil Engineer, in conformance with City standards, and shall be submitted to and approved by the Public Works Department prior to any work on the site. This plan shall also show:

I. The design of the sanitary sewer service system including the type and size of the sanitary sewer line lateral, and the proposed point of connection the sewer main.

II. Existing and proposed easements.

III. Proposed elevations of finished improvements (parking area, onsite curbs, planters, etc.) within the project at an adequate level of detail to demonstrate drainage flow directions within the project boundaries.

IV. A drainage and detention/retention facility sufficient that there is no increase in preproject peak stormwater discharge from the site for a 2-year, 10-year and 100-year storm event. On-site storm drainage shall be collected and retained/detained on-site and then transported via underground conduit to an approved drainage facility.

V. Drainage calculations to support the size of the detention or retention facility, and orifice calculations to support the design size of the stormwater flow control device.

VI. Frontage improvements to include curb, gutters and sidewalk constructed to ADA standards; asphaltic concrete pave out (1-foot minimum, or wider if necessary) along new curb, gutters and sidewalk adequate to provide proper street drainage along the project frontage.

VII.Location of streetlights to be constructed to City standards.

3. All construction projects are required to implement dust control measures to reduce particulate matter emissions due to disturbances of exposed top-soils, such as watering of active areas where disturbance occurs, covering haul loads, maintaining clean access roads, and cleaning the wheels of construction vehicles accessing disturbed areas of the site.

4. All grading and paving shall be conducted in compliance with the Butte County Air Quality Management District’s Indirect Source Guidelines in order to prevent degradation of ambient air quality.

5. The applicant shall comply with the mitigation monitoring program as approved for TSM 22- 01 Prior to the issuance of building permits.

6. Applicable construction plans, calculations, specifications, applications, forms, etc. shall be submitted to the Building Division for review prior to the start of any construction activities 132
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6 requiring a building permit. All applicable plan review and impact fees shall be paid at time of submittal.

7. Landscape plans shall be approved by the Parks and Trees Department.

I. Planting shall be provided in as much of the front setback as is practical, excluding any areas with paved driveways or pedestrian paths. In no case shall more than 75% of the front setback be paved.

II. Where a side or rear property line is adjacent to a street, the site shall include a planting area along the property line with a width of at least 5 feet. Any fence around the property shall be located behind the planting area.

III. Plantings shall be drought tolerant and MWELO standards will apply.

IV. Landscaping shall be installed around the detention basin where visible from the street and adjacent residences.

8. The building plans shall include an architecturally compatible method of screening any roof mounted HVAC system, or if the units are placed on the ground, the unit shall be screened by landscaping or a decorative fence.

9. Applicant shall annex into a Landscape and Lighting Maintenance Assessment District (LLMAD) and Benefit Assessment District (BAD) prior to issuance of building permits.

Prior to construction.

10. Obtain an encroachment permit from the City for any work in the public right-of-way.

11. All utilities shall be placed underground.

12. Developer will be responsible for the cost of all water improvements (meters, boxes, valves, lines, backflow devices, etc.), which are required to meet TWSD improvement standards.

The cost of all fire lines and hydrants shall also be the developer’s responsibility.

13. A Construction Storm Water Permit will be required by the State Water Resources Control Board if the project results in a disturbance (including clearing, excavation, filling and grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction.

Prior to occupancy.

14. All required landscaping and irrigation improvements shall be installed prior to issuance of a certificate of occupancy.

15. Buildings shall be addressed per City requirements. Building numbers shall comply with City Code 17.20.050(A).

16. Curb, gutter and sidewalk shall be constructed to City standards.

Other.

17. Street lighting shall be provided in accordance with City of Oroville requirements and accepted design criteria. A street lighting plan shall be submitted to the Public Works 133
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7 Department. Streetlight poles shall be spun aluminum or other material as approved by the Public Works Department.

18. Home models shall vary within the subdivision with no two same floor plans being adjacent to each other unless the floor plan is “flipped” and the exterior façade treatment is different. The same floor plans shouldn’t be built directly across from each other.

19. Hue variations in adjacent homes shall be provided to create diversity. No adjacent home shall have the same color scheme.

20. Minor changes may be approved administratively by the Community Development Director or designee upon receipt of a written request by the applicant or designee. Changes deemed to be major or significant in nature shall require a formal application for amendment.

21. Pursuant to Section 17.12.010, the buildings shall conform to the performance standards of the Oroville Municipal Code to minimize any potential negative effects that the buildings, structures, lighting or use could have on its surroundings, and to promote compatibility with surrounding uses and areas.

22. The applicant shall ascertain and comply with the requirements of all City, County, State, Federal, and other local agencies as applicable to the proposed project.

23. Applicant hereby certifies that any and all statements and information provided as part of the application are true and correct to the best of their knowledge and belief. Any misinformation provided, whether intentional or unintentional, that was considered in the issuance of this permit may be grounds for revocation.

The applicant shall hold harmless the City, its Council members, Planning Commissioners, officers, agents, employees, and representatives from liability for any award, damages, costs, and/or fees incurred by the City and/or awarded to any plaintiff in an action challenging the validity of this permit or any environmental or other documentation related to approval of this permit. Applicant further agrees to provide defense for the City in any such acti.
--- End of Conditions ---
If you have questions about the information in this letter, please contact me by e-mail at [email protected] or by phone at (530) 538-2408.

Sincerely,
Wes Ervin
Planner
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Environmental Impact Report

FEATHER RANCH PROJECT
City of Oroville, California
CEQA Lead Agency:

City of Oroville
1735 Montgomery Street
Oroville, California 95965
Prepared by:

ECORP Consulting, Inc.
55 Hanover Lane
Chico, California 95973
April 2023
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EXECUTIVE SUMMARY
ES-1 Introduction
This Draft Environmental Impact Report (DEIR, Draft EIR) evaluates the potential environmental effects of the proposed construction and operation of the Feather Ranch Project (Proposed Project) in the City of Oroville, Butte County, California. The City of Oroville is the Lead Agency responsible for preparation of this DEIR. This DEIR was prepared in accordance with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code [PRC] Section 21000 et. seq.) and the CEQA Guidelines (California Code of Regulations [CCR], Title 14, Sections 15000 et seq). CEQA requires that the Lead Agency, in this case City of Oroville, consider the information contained in the DEIR prior to taking any discretionary action on the Project. The Lead Agency is the agency with primary responsibility for approval of a project. Other public agencies may also use this EIR to inform discretionary actions related to the Proposed Project.

This Summary has been prepared in accordance with the CEQA Guidelines Section 15123, which states that an EIR should contain a brief summary of the Proposed Project and its consequences, and should identify:

1. each significant effect with proposed mitigation measures and alternatives that would reduce or avoid that effect,

2. areas of public controversy known to the lead agency, including issues raised by the agencies and the public, and

3. issues to be resolved, including the choice among alternatives and how to mitigate the significant effects.

ES-2 Project Location and Setting
The Project is located directly southwest of the Feather Avenue/20th Street intersection in City of Oroville, California. Assessor’s Parcel Number (APN) 030-230-098 (Figures 2.0-1 and 2.0-2). The Project is 44.97 acres in size. The Surrounding uses include single-family homes and vacant land to the east of the Project Site. Rural residential uses and vacant land lie to the north of the Project Site; vacant land lies to the west of the Site, with rural residential uses and vacant land to the south. The Oroville Municipal Airport (OMA) is approximately 0.75 mile to the south of the Project Site and the Thermalito Forebay is 0.5 mile to the north (Figure 2.0-3).

As shown in Figure 3, surrounding land uses include a mixture of vacant land, single-family residential neighborhoods, OMA, a school, and light industrial and commercial uses near the Project Site as described below.

North. The Project Site’s northern boundary is generally bounded by a dirt access road with vacant land and a scattering of single-family residences fronting 21st Street off Grand Avenue. 137
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East. The Project Site’s eastern boundary is generally bounded by 20th Street off Grand Avenue with a single-family residential neighborhood beyond the northern half of the eastern boundary, with vacant land beyond 20th Street on the southern half of the eastern boundary.

South. The Project Site’s southern boundary is generally bounded by a dirt access road with vacant land and a scattering of single-family residences fronting 20th Street beyond. CA State Route (SR) 162 is located approximately 1,570 feet from the Project Site’s southern boundary where 20th Street intersects.

Beyond SR 162 (Oro Dam Boulevard West), and in the northeastern corner and abutting the OMA area, there is an industrial storage yard with commercial uses on either side and the Northwest Lineman College.

West. The Project’s western boundary is generally bounded by a dirt access road with vacant land beyond and a scattering of single-family residences fronting Gold Country Lane and Chardonnay Way.

ES-3 Description of Proposed Project
The Proposed Project is the subdivision of a 44.97-acre site into 172 single-family lots located at the southwest corner of the Feather Avenue/20th Street intersection in the City of Oroville, California.

Figure 2.0-4 shows the Project Site Plan. Lots will range in size from 6,600 to 9,410 square feet (sf), and the average lot size is 7,450 sf. The subdivision is proposed as a phased map. Phase 1 proposes 68 lots, Phase 2 proposes 58 lots, and Phase 3 proposes 46 lots (Figure 2.0-4). Section 2.0 of this DEIR contains a detailed description of the Proposed Project.

ES-4 Project Objectives
The Feather Ranch Project includes the following objectives that encompass a variety of goals that aim to provide solutions to some of the state and city’s housing needs, while also considering the needs of future residents. The Project objectives area as follows:
 Develop an economically feasible housing plan that is compatible with the surrounding community in a low fire risk zone to provide permanent housing relief for the 50,000 displaced Paradise fire survivors.
 Fulfill the housing needs of the state, City of Oroville, and County of Butte by rezoning un-used isolated airport business park land to medium density residential homes to help address the current Regional Housing Needs Assessment (RHNA). The housing units will be market-rate forsale units.  Create a vibrant residential community by providing a like-kind residential project that further adds to western Oroville’s current and future neighborhoods. The Project will include lots of 6,000 sf or larger, setback and landscaping buffers.
 Provide a well-connected open space network that includes the addition of a neighborhood park, bicycle paths and pedestrian sidewalks, open space buffers, and a space for recreational activities.  Incorporate the Building Code requirements for energy efficiencies and water savings. 138
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ES-5 Project Alternatives
The CEQA Guidelines Section 15126.6 specifies that an EIR must describe and evaluate a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic project objectives but would avoid or substantially lessen any of the significant effects of the project. Chapter 5 of this DEIR describes the alternatives to the Proposed Project. These alternatives include:
 Alternative 1: No Project;
 Alternative 2: Reduced Project; and
 Alternative 3: Residential Densities Consistent with the Airport land Use Plan B1 Compatibility Zone.

ES-5.1 Alternative 1: No Project
Under CEQA, an EIR must include a comparative analysis of a No Project Alternative (CEQA Guidelines Section 15126.6(e)). This requirement encourages a lead agency to compare the environmental effects of approving a proposed project with the effects of not approving it. The No Project Alternative generally assumes that the land area affected by Project construction would remain in its existing state, while taking into account what would be reasonably expected to occur in the foreseeable future if the Project were not approved. No other development is proposed in the area or the Project Site. As such, Alternative 1 assumes that the Project Site would remain vacant for the foreseeable future.

ES-5.2 Alternative 2: Reduce Project
Alternative 2 would require a General Plan amendment and rezoning approval similar to the Proposed Project as the proposed uses under Alternative 2 are not allowed under the current General Plan land use designation and zoning district. As such, Alternative 2 would be a discretionary project pursuant to CEQA and require CEQA environmental review. Alternative 2 would be the development of the Project with the same proposed uses of the Project but on a reduced scale of approximately 75 percent of the Proposed Project’s size. This reduction would result in 129 single family units on the same 44.97-acre parcel.

Assuming that the average parcel size of 7,450 sf for the Proposed Project would also be used in Alternative 2, Alternative 2 would result in 7.3 more acres of open space than the Proposed Project 1 .

ES-5.3 Alternative 3: Smaller Project
Alternative 3 would allow for residential densities consistent with the Oroville Airport B1 Compatibility Zone of 0.1 dwelling unit per acre (1 unit per 10 acres). Those portions of the Project that are within the B2 Compatibility Zone would be developed at residential densities proposed by the Project. According to information provided by the Butte County Department of Development Services, Planning Division, 1 Proposed Project = 172 lots x 7,450 sf = 1,281,400 sf (29.4 acres). Alternative 2 = 129 lots x 7,450 s . = 961,050 sf (22.1 acres). 29.4 acres - 22.1 acres = 7.3 acres.
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Airport Land Use Commission (2022), approximately 35.82 acres of the Project Site is within the B1 Compatibility Zone and 9.15 acres of the Site is within the B2 Compatibility Zone. Based on this information, 41 single family dwellings would be developed in Alternative 3 at the acreage and densities shown in Table 5.0-1. Three single family homes would have an average lot size of 11.94 acres and 38 homes with an average lot size of 10,488 square feet. However, note that these average lot sizes do not account for streets or any open space and are only rough estimates used for this alternative.

ES-6 Areas of Controversy/Issues to be Resolved by Lead Agency CEQA Guidelines Section 15123(b)(2) requires an EIR to identify areas of controversy or public interest.

Prior to the preparation of this EIR, ECORP prepared an Initial Study (IS) and Notice of Preparation (NOP) for the Project (Appendix 1.0). The City of Oroville distributed the IS and NOP for review and comment to the State Clearinghouse (SCH, #2022110054) and interested parties for a 33-day comment period from November 3 to December 5, 2022. Additionally, the City held a scoping meeting which was advertised with the publication of the NOP on November 3, 2022 and scheduled for November 17, 2022 in order to allow early public/agency input and comments about the Project, the IS and future environmental review.

No members of the public and agencies attended this meeting. The City received six NOP comment letters, which are summarized in Table 1.0-3 of Section 1.0 of this DEIR.

ES-7 Summary of Impacts and Mitigation Measures
Table S.7-1 presents a summary of Project-specific environmental impacts analyzed and identified in this DEIR, the mitigation measures proposed for those impacts, and the level of significance after mitigation.

The analysis in this DEIR concludes that, although certain impacts are considered significant or potentially significant, the majority of these impacts could be avoided or reduced to less than significant with implementation of mitigation measures. All impacts would be less than significant after the implementation of mitigation measures, with the exception of hazards related to airport safety, noise related to traffic, and traffic related to Vehicle Mile Traveled (VMT), which would remain significant even as no feasible mitigation is possible. Therefore, the Proposed Project would result in significant and unavoidable impacts to hazards and hazardous materials, noise, and transportation. 140
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Table ES-1. Summary of Proposed Project Impacts and Mitigation Measures Environmental Impacts Mitigation Measures
Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable

BIOLOGICAL RESOURCES
BIO-1: Project implementation could have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS.

Impact Determination: Less than Significant with Mitigation BIO-1: Implement Erosion Control Measures and BMPs. The Project proponent shall implement erosion control measures and
BMPs to reduce the potential for sediment or pollutants at the Project site. Examples of appropriate measures are included below.
• Avoided aquatic resources should be clearly demarcated prior to construction. Avoidance buffers should be
consistent with the City of Oroville requirements and/or requirements of regulatory permits. Erosion control
measures should be placed between avoided aquatic
resources and the outer edge of the impact limits prior to commencement of construction activities. Such
identification and erosion control measures should be
properly maintained until construction is completed and the soils have been stabilized.
• Any fueling in the Study Area should use appropriate
secondary containment techniques to prevent spills.

BIO-2: Worker Environmental Awareness Program. The Project proponent shall require a mandatory Worker Environmental Awareness Program provided by qualified biologist for all contractors, work crews, and any onsite personnel to aid workers in recognizing special status species and sensitive LTS
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Table ES-1. Summary of Proposed Project Impacts and Mitigation Measures Environmental Impacts Mitigation Measures
Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable biological resources that may occur on-site prior to any construction or grading of the site. The program shall include identification of the special status species and their habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and mitigation measures required to reduce impacts to biological resources within the work area.

BIO-3: Special-Status Species – Plants. There is potential or low potential for 23 special-status plants to occur within the Study Area. The following mitigation measures are required to minimize potential impacts to special-status plants.
• Perform floristic plant surveys according to USFWS, CDFW, and CNPS protocols prior to construction. Surveys shall be conducted by a qualified biologist and timed according to the appropriate phenological stage for identifying target species. Known reference populations shall be visited
and/or local herbaria records shall be reviewed, if
available, prior to surveys to confirm the phenological stage of the target species. If no special-status plants are found within the Project site, no further measures
pertaining to special-status plants are necessary.
• If special-status plants are identified within 25-feet of the Project impact area, implement the following measures:
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Table ES-1. Summary of Proposed Project Impacts and Mitigation Measures Environmental Impacts Mitigation Measures
Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable • If avoidance of special-status plants is feasible, establish and clearly demarcate avoidance zones for special-status plant occurrences prior to construction. Avoidance zones shall include the extent of the special-status plants plus a 25-foot buffer, unless otherwise determined by a qualified biologist, and shall be maintained until the completion of construction. A qualified biologist/biological monitor shall be present must occur within the avoidance buffer to
ensure special-status plants are not impacted by the work. • If avoidance of special-status plants is not feasible, mitigate for significant impacts to special-status plants.

Mitigation measures shall be developed in consultation
with CDFW. Mitigation measures may include permanent
preservation of onsite or offsite habitat for special-status plants and/or translocation of plants or seeds from
impacted areas to unaffected habitats.

BIO-4: Special-Status Species – Invertebrates. There is potential for three federally listed special-status invertebrates to occur within the Study Area. The following mitigation measure is required to minimize potential impacts to special-status invertebrates.
• No Project construction shall proceed in areas supporting potential habitat for federally listed vernal pool
invertebrates, or within adequate buffer areas (250 feet or 143
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Table ES-1. Summary of Proposed Project Impacts and Mitigation Measures Environmental Impacts Mitigation Measures
Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable lesser distance deemed sufficiently protective by a qualified biologist with approval from USFWS), until incidental take authorization has been issued by USFWS under Section 7
(Biological Opinion) or Section 10 (HCP) of the ESA and the Project proponent has abided by conditions in the BO or HCP, including all conservation and minimization measures.

Conservation and minimization measures shall include
preparation of supporting documentation describing
methods to protect existing vernal pools during and after project construction and compensatory mitigation for loss of suitable habitat.

BIO-5: Western Spadefoot. Western spadefoot have potential to occur within the Study Area. Implementation of Mitigation Measures BIO-1, BIO-2, and the following mitigation measure would avoid and/or minimize potential adverse effects to western spadefoot.
• A qualified biologist shall conduct surveys for western spadefoot in areas of potential habitat that would be
eliminated by the Project. The surveys shall be conducted at the appropriate time of year to detect western
spadefoot, generally the breeding season, according to
methods approved by CDFW. If western spadefoot is
found in habitat that will be eliminated or made
unsuitable for western spadefoot, a plan to collect and 144
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Table ES-1. Summary of Proposed Project Impacts and Mitigation Measures Environmental Impacts Mitigation Measures
Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable relocate adult and larval western spadefoot and egg
masses to suitable habitat that will be preserved in
perpetuity as required according to the BO in Mitigation Measure BIO-4.

BIO-6: Blainville’s Horned Lizard. Blainville’s horned lizard have potential to occur within the Study Area. Implementation of Mitigation Measures BIO-1, BIO-2, and the following
mitigation measure would avoid and/or minimize potential adverse effects to Blainville’s horned lizard.
• A qualified biologist shall conduct a preconstruction Blainville’s horned lizard survey in Project impact areas within 48 hours prior to construction activities. Any
Blainville’s horned lizard individuals discovered in the Project work area immediately prior to or during Project activities shall be allowed to move out of the work area of their own volition. If this is not feasible, consult with CDFW to develop avoidance and minimization measures, which
may include, but not limited to, fencing avoidance areas, development of a relocation plan, and/or onsite
monitoring during site construction.

BIO-7: Special-Status Species – Birds. Three special-status birds and various other protected birds have the potential to nest within 145
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Table ES-1. Summary of Proposed Project Impacts and Mitigation Measures Environmental Impacts Mitigation Measures
Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable the Study Area. The following mitigation is required to minimize potential impacts to nesting birds:
• If construction is to occur during the nesting season (generally February 1 through August 31), conduct a
preconstruction nesting bird survey of all suitable nesting habitat on the Project within 14 days of the
commencement of construction. The survey shall be
conducted within a 500-foot radius of Project work areas for raptors and within a 100-foot radius for other nesting birds. If any active nests are observed, these nests shall be designated a sensitive area and protected by an avoidance buffer established in coordination with CDFW until the
breeding season has ended or until a qualified biologist has determined that the young have fledged and are no
longer reliant upon the nest or parental care for survival.

Preconstruction nesting surveys are not required for
construction activity outside the nesting season.

BIO-8: Swainson’s Hawk and Tricolored Blackbird. The Study Area supports potential foraging habitat for two state-listed birds:

Swainson’s hawk and tricolored blackbird. The following mitigation is recommended to minimize potential impacts to foraging habitat:
• Mitigate for the loss of Swainson’s hawk according to the 1994 CDFG’s Staff Report Regarding Mitigation for
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Table ES-1. Summary of Proposed Project Impacts and Mitigation Measures Environmental Impacts Mitigation Measures
Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable Impacts to Swainson’s Hawks (Buteo swainsoni) in the
Central Valley of California. The required measures to
address Swainson’s hawk foraging habitat impact and
mitigation measure BIO-9 will be sufficient to mitigate impacts to tricolored blackbird foraging habitat.

BIO-2: Project implementation could have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFW or USFWS.

Impact Determination: Less than Significant with Mitigation Implement Mitigation Measures BIO-1, BIO-2, and BIO-9.

LTS
BIO-3: Project implementation could cause a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means.

Impact Determination: Less than Significant with Mitigation BIO-9: Sensitive Natural Communities. The Project site supports potential Waters of the U.S. and State. In addition to Mitigation Measures BIO-1 and BIO-2, the following mitigation measures are required for the protection of aquatic resources:
• Submit an aquatic resources delineation for the Project to the USACE and obtain a verification or Preliminary
Jurisdictional Determination.
• File a request for authorization to fill Waters of the U.S. under the Section 404 of the federal CWA (Section 404
Permit) prior to discharging any dredged or fill materials into any Waters of the U.S. Mitigation measures will be LTS
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Table ES-1. Summary of Proposed Project Impacts and Mitigation Measures Environmental Impacts Mitigation Measures
Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable developed as part of the Section 404 Permit process to
ensure no net loss of wetland function and values. To
facilitate such authorization, an application for a Section 404 Nationwide Permit (0.5 acre or less of impacts for
Nationwide Permit 29-Residential Developments) or an
Individual Permit for the Project should be prepared and submitted to USACE. Mitigation for impacts to Waters of the U.S. typically consists of a minimum of a 1:1 ratio for direct impacts; however final mitigation requirements will be developed in consultation with USACE.
• If necessary, file a request for a Water Quality Certification or waiver pursuant to Section 401 of the CWA must be
obtained from the RWQCB for Section 404 permit actions. • Pursuant to the Porter-Cologne Water Quality Act, a
permit authorization from the RWQCB is required prior to the discharge of material in an area that could affect
Waters of the State. Mitigation requirements for discharge to Waters of the State within the Project Site will be
developed in consultation with the RWQCB.
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Table ES-1. Summary of Proposed Project Impacts and Mitigation Measures Environmental Impacts Mitigation Measures
Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable

CULTURAL RESOURCES
CUL-1: Project implementation could cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section15064.5.

Impact Determination: Less than Significant with Mitigation CUL-1: Cultural or Archaeological Resource Discovery. All subdivision improvement plans and grading plans shall
include the following:
• If subsurface deposits believed to be cultural or human in origin are discovered during any roadway or future
construction, all work must halt within a 100-foot radius of the discovery. A qualified professional archaeologist,
meeting the Secretary of the Interior’s Professional
Qualification Standards for prehistoric and historic
archaeologist, shall be retained to evaluate the
significance of the find, and shall have the authority to modify the no-work radius as appropriate, using
professional judgment. The following notifications shall apply, depending on the nature of the find:
• If the professional archaeologist determines that the find does not represent a cultural resource, work may resume immediately, and no agency notifications are required.
• If the professional archaeologist determines that the find does represent a cultural resource from any time period or cultural affiliation, he or she shall immediately notify the City and landowner. If the find is determined to be eligible for inclusion in the NRHP or CRHR, the City shall consult LTS
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Table ES-1. Summary of Proposed Project Impacts and Mitigation Measures Environmental Impacts Mitigation Measures
Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable on a finding of eligibility and implement appropriate
treatment measures. Work may not resume within the nowork radius until the City, through consultation as appropriate, determines that the site either: 1) is not eligible for the NRHP or CRHR; or 2) that the treatment measures have been completed to its satisfaction.
• If the find includes human remains, or remains that are potentially human, he or she shall ensure reasonable
protection measures are taken to protect the discovery
from disturbance (AB 2641). The archaeologist shall notify the Butte County Coroner (in accordance with Section
7050.5 of the Health and Safety Code). The provisions of Section 7050.5 of the California Health and Safety Code, Section 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 (Section 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
(Section 5097.94 of the PRC). If no agreement is reached, the landowner must rebury the remains where they will
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Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable not be further disturbed (Section 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.

CUL-2: Project implementation could cause a substantial adverse change in the significance of an archeological resource pursuant to CEQA Guidelines Section15064.5.

Impact Determination: Less than Significant with Mitigation Implement CUL-1
LTS
CUL-3: Project implementation could disturb any human remains, including those interred outside of formal cemeteries.

Impact Determination: Less than Significant with Mitigation Implement CUL-1
LTS
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Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable

GEOLOGY, SOILS AND PALEONTOLOGICAL RESOURCES
GEO-1: Project implementation could directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, strong seismic ground shaking, seismic-related ground failure, or landslides.

Impact Determination: Less than Significant with Mitigation 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 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.

LTS

HAZARDS AND HAZARDOUS MATERIALS
HAZ-1: If the Proposed Project is located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, the Proposed Project could result No feasible mitigation possible. SU
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Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable in a safety hazard or excessive noise for people residing or working in the Project Area.

HAZ-2: Implementation of the proposed project, along with any foreseeable development in the project vicinity, result in cumulative impacts regarding safety hazard or excessive noise for people residing or working in the Project area.

Impact Determination: Cumulatively Considerable and Significant and Unavoidable
No feasible mitigation possible. CC and SU
NOISE
NOI-1: Project implementation could result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies.

Impact Determination: Significant and Unavoidable
No feasible mitigation possible. SU
NOI-4: Would implementation of the Proposed Project, in combination with existing, approved, proposed, and reasonably No feasible mitigation possible. CC and SU
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Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable foreseeable development in Butte County, result in a cumulatively considerable noise impact?
Impact Determination: Cumulative Considerable and Significant and Unavoidable

PUBLIC SERVICES
PUB-1: Project implementation could result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for fire, police, schools, and/or other public facilities.

Impact Determination: Less than Significant with Mitigation 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.

LTS

TRANSPORTATION
TR-2: Project implementation could conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b).

Impact Determination: Significant and Unavoidable
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.

SU
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Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable The Project will provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the project site. The Project will minimize barriers to pedestrian access and interconnectivity. Physical barriers such as walls, landscaping, and slopes that impede pedestrian circulation will be eliminated. Some aspects of this measure are already included in the Proposed Project.

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.

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
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Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable 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.

TR-3: Contribute to a 20th Street Bicycle Facility. 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.

TR-4: Would the project, when considered with existing, proposed, planned, and approved development in the region, implementation of the proposed project would contribute to cumulative traffic Implement TR-1, TR-2, and TR-3
CC and SU
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Residual
Impact (with
Mitigation)
Notes: NI = No Impact, LTS = Less than Significant, SU = Significant, Unavoidable, CC = Cumulatively Considerable, LTCC = Less than Cumulatively Considerable volumes on local roadways that result in significant impacts to level of service and operations?
Impact Determination: Cumulative Considerable and Significant and Unavoidable

TRIBAL CULTURAL RESOURCES
TCR-1: Project implementation could cause a substantial adverse change in the significance of a tribal cultural resource, defined in PRC Section 21074.

Impact Determination: Less than Significant with Mitigation Implement CUL-1
LTS
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ................................................................................................................................................................ ES-1 ES-1 Introduction .................................................................................................................................................... ES-1 ES-2 Project Location and Setting ................................................................................................................... ES-1 ES-3 Description of Proposed Project ............................................................................................................ ES-2 ES-4 Project Objectives ........................................................................................................................................ ES-2 ES-5 Project Alternatives ..................................................................................................................................... ES-3 ES-6 Areas of Controversy/Issues to be Resolved by Lead Agency ................................................... ES-4 ES-7 Summary of Impacts and Mitigation Measures ............................................................................... ES-4

1.0 INTRODUCTION .............................................................................................................................................................. 1-1

1.1 Purpose of the Draft EIR .............................................................................................................................. 1-1

1.2 Known Trustee and Responsible Agencies .......................................................................................... 1-2

1.3 Type of Document ......................................................................................................................................... 1-2

1.4 Intended Use of the EIR ............................................................................................................................... 1-3

1.5 Draft EIR Organization ................................................................................................................................. 1-3

1.6 Environmental Review Process ................................................................................................................. 1-4

2.0 PROJECT DESCRIPTION ................................................................................................................................................ 2-1

2.1 Project Location and Setting ..................................................................................................................... 2-1

2.2 Project Objectives .......................................................................................................................................... 2-1

2.3 Project Description ........................................................................................................................................ 2-1

3.0 ENVIRONMENTAL SETTING, IMPACTS AND MITIGATION ............................................................................ 3-1

3.1 Air Quality ...................................................................................................................................................... 3.1-1

3.2 Biological Resources .................................................................................................................................. 3.2-1

3.3 Cultural Resources ...................................................................................................................................... 3.3-1

3.4 Energy .............................................................................................................................................................. 3.4-1

3.5 Geology, Soils, and Paleontological Resources ............................................................................... 3.5-1

3.6 Greenhouse Gas Emissions ..................................................................................................................... 3.6-1

3.7 Hazards And Hazardous Materials ....................................................................................................... 3.7-1

3.8 Land Use And Planning ............................................................................................................................ 3.8-1

3.9 Noise ................................................................................................................................................................ 3.9-1

3.10 Population and Housing ....................................................................................................................... 3.10-1

3.11 Public Services ........................................................................................................................................... 3.11-1

3.12 Transportation ........................................................................................................................................... 3.12-1

3.13 Tribal Cultural Resources ...................................................................................................................... 3.13-1 159
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3.14 Utilities and Service Systems ............................................................................................................... 3.14-1

4.0 OTHER REQUIRED CEQA ANALYSIS ........................................................................................................................ 4-1

4.1 Growth-Inducing Impacts ........................................................................................................................... 4-1

4.2 Significant and Unavoidable Impacts..................................................................................................... 4-1

5.0 ALTERNATIVES TO THE PROPOSED PROJECT ..................................................................................................... 5-1

5.1 Introduction ...................................................................................................................................................... 5-1

5.2 Considerations for Selection of Alternatives ....................................................................................... 5-2

5.3 Alternatives Considered and Eliminated from Further Evaluation.............................................. 5-4

5.4 Alternatives Considered for Detailed Evaluation ............................................................................... 5-5

5.5 Environmentally Superior Alternative .................................................................................................. 5-20

6.0 REFERENCES ...................................................................................................................................................................... 6-1

7.0 LIST OF PREPARERS ....................................................................................................................................................... 7-1

7.1 City of Oroville (Lead Agency) .................................................................................................................. 7-1

7.2 ECORP Consulting, Inc. (EIR Preparation) ............................................................................................. 7-1

APPENDICES
Appendix 1.0 – Notice of Preparation And Public/Agency Comment Letters Appendix 3.1 - Air Quality & Greenhouse Gas Emissions Assessment for the Feather Ranch Project Appendix 3.2 – Biological Resources Assessment and Wetland Delineation Appendix 3.4 – Energy Consumption Assessment
Appendix 3.9 – Noise Impact Assessment
Appendix 3.12 – Traffic Impact Study

LIST OF TABLES
Table ES-1. Summary of Proposed Project Impacts and Mitigation Measures .................................................... ES-5 Table 1.1. Anticipated Agency Approvals and Reviews .................................................................................................... 1-1 Table 1.2. Potential Trustee and Responsible Agency Approvals and Reviews ...................................................... 1-2 Table 1-3. NOP Comments .......................................................................................................................................................... 1-5 Table 3-1. 2008 General Plan EIR - Expected 2030 Development Under the 2030 General Plan.................... 3-7 Table 3-2. 2015 General Plan SEIR – Expected 2030 Development Under the 2030 General Plan ................. 3-7 Table 3.1-1. BCAQMD Regional Significance Thresholds ............................................................................................. 3.1-6 Table 3.1-2. Construction-Related Emissions ................................................................................................................. 3.1-10 Table 3.1-3. Operational-Related Emissions ................................................................................................................... 3.1-11 160
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Table 3.2-1. RWQCB Jurisdictional Area .............................................................................................................................. 3.2-3 Table 3.2-2. Potentially Occurring Special-Status Species ........................................................................................... 3.2-6 Table 3.5-1. Residential Electricity Consumption in Butte County 2017-2021..................................................... 3.4-3 Table 3.5-2. Residential Natural Gas Consumption in Butte County 2017-2021 ................................................ 3.4-3 Table 3.5-3. Automotive Fuel Consumption in Butte County 2018-2022 .............................................................. 3.4-4 Table 3.5-4. Proposed Project Energy and Fuel Consumption ................................................................................... 3.4-7 Table 3.6-1. Construction-Related Greenhouse Gas Emissions ................................................................................. 3.6-6 Table 3.6-2. Operational-Related Greenhouse Gas Emissions ................................................................................... 3.6-7 Table 3.9-1. Common Acoustical Descriptors ................................................................................................................... 3.9-4 Table 3.9-2. Human Reaction and Damage to Buildings for Continuous or Frequent Intermittent Vibration Levels ................................................................................................................................................................................ 3.9-8 Table 3.9-3. Existing (Baseline) Noise Measurements .................................................................................................... 3.9-9 Table 3.9-4. Existing Roadway Noise Levels ................................................................................................................... 3.9-10 Table 3.9-5. Significant Increase in Transportation Noise ......................................................................................... 3.9-12 Table 3.9-6. Maximum Allowable Noise Exposure to Transportation Noise Sources .................................... 3.9-13 Table 3.9-7. Maximum Allowable Noise Exposure to Non-Transportation Noise Sources ......................... 3.9-13 Table 3.9-8. Construction Average (dBA) Noise Levels at Nearest Receptor .................................................... 3.9-18 Table 3.9-9. Proposed Project Predicted Traffic Noise Levels ................................................................................. 3.9-21 Table 3.9-10. Representative Vibration Source Levels for Construction Equipment ...................................... 3.9-23 Table 3.9-11. Construction Vibration Levels at 60 Feet .............................................................................................. 3.9-24 Table 3.9-12. Cumulative Traffic Scenario ....................................................................................................................... 3.9-26 Table 3.11-1. Oroville Fire Department Apparatus ...................................................................................................... 3.11-2 Table 3.12-1. Level of Service – Existing Conditions .................................................................................................... 3.12-9 Table 3.12-2. Trips Per Unit ................................................................................................................................................. 3.12-17 Trips Per Unit ............................................................................................................................................................................. 3.12-17 Table 3.12-3. Project Trip Generation Estimates ......................................................................................................... 3.12-17 Table 3.12-4. Proposed Project Trip Distribution Percentages ............................................................................. 3.12-17 Table 3.12-5. Level of Service – Existing Plus Project Conditions ......................................................................... 3.12-22 Table 3.12-6. Level of Service – Existing Plus Project Conditions With Mitigation ....................................... 3.12-24 Table 3.12-7. Level of Service – Existing Conditions .................................................................................................. 3.12-31 Table 3.12-8. Level of Service – Existing Plus Project Conditions ......................................................................... 3.12-36 Table 3.12-9. Level of Service – Cumulative Plus Project Conditions With Mitigation ................................ 3.12-38 161
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Table 5-1. Alternative 3 Residential Development ............................................................................................................. 5-6 Table 5-2. Comparison of the Environmental Impacts of the Alternatives in Relation to the Proposed Project ............................................................................................................................................................................... 5-21 Table 5-3. Comparison of Alternatives by Project Objectives ..................................................................................... 5-22

LIST OF FIGURES
Figure 2-1. Regional Location..................................................................................................................................................... 2-3 Figure 2-2. Site Location ............................................................................................................................................................... 2-4 Figure 2-3. Surrounding Uses ..................................................................................................................................................... 2-5 Figure 2-4. Site Plan........................................................................................................................................................................ 2-7 Figure 2-5. Street Sections and Storm Drain Leach Trench Detail ............................................................................... 2-9 Figure 2-6. Storm Drain Inlets and Leach Trench Locations......................................................................................... 2-11 Figure 3.2-1. Aquatic Resources Delineation Map .......................................................................................................... 3.2-5 Figure 3.9-1. Common Noise Levels ..................................................................................................................................... 3.9-2 Figure 3.12-1. Roadway Network and Intersections .................................................................................................... 3.12-3 Figure 3.12-2. Existing Traffic Volumes and Land Configurations ......................................................................... 3.12-8 Figure 3.12-3. Project Only Traffic Volumes Existing Background Conditions ............................................... 3.12-20 Figure 3.12-4. Existing Plus Project Traffic Volumes and Lane Configurations............................................... 3.12-21 Figure 3.12-5. Cumulative No Project Traffic Volumes and Lane Configurations ......................................... 3.12-30 Figure 3.12-6. Project Only Traffic Volumes Cumulative Background Conditions ........................................ 3.12-34 Figure 3.12-7. Cumulative Plus Project Traffic Volumes and Lane Configurations ....................................... 3.12-35

ACRONYMS AND ABBREVIATIONS
Term Description
°C Degrees Celsius
˚F Degrees Fahrenheit
AB Assembly Bill
ABP Airport Business Park
AF acre feet
AFY Acre-Feet Per Year
AIA-O Airport Influence Area Overlay
ALUC Airport Land Use Commission
ALUCP Airport Land Use Compatibility Plan
AMSL Above Mean Sea Level
APE Area of Potential Effects
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Term Description
APN Assessor’s Parcel Number
AWSC All-Way Stop-Control
BA Biological Assessment
BCAG Butte County Association of Governments
BCAQMD Butte County Air Quality Management District
BCC Bird of Conservation Concern
BCFD Butte County Fire Department
BLM Bureau of Land Management
BO Biological Opinion
BP Before Present
BRA Biological Resources Assessment
CAA Clean Air Act
CAAQS California Ambient Air Quality Standards
CAISO California Independent System Operator
CAL FIRE California Department of Forestry and Fire Protection CalEEMod California Emissions Estimator Model
CalEPA California Environmental Protection Agency
CalGreen California Green Building Standards Code
Caltrans California Department of Transportation
CAP Climate Action Plan
CARB California Air Resources Board
CBC California Building Code
CCAA California Clean Air Act
CCR California Code of Regulations
CDFG California Department of Fish and Game
CDFW California Department of Fish and Wildlife
CEC California Energy Commission
CEQA California Environmental Quality Act
CFR Code of Federal Regulations
CH4 Methane
CHRIS California Historical Resources Information System City City of Oroville
CNEL Community Noise Equivalent Level
CNDDB California Natural Diversity Database
CO Carbon Monoxide
CO2 Carbon Dioxide
CO2e Carbon Dioxide Equivalent
CPUC California Public Utilities Commission
CRHR California Register of Historic Resources
CRPR California Rare Plant Rank
CWA Clean Water Act
dB Decibel
dBA A-weighted decibels
DEIR, Draft EIR Draft Environmental Impact Report
DOF Department of Finance
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Term Description
DPM Diesel Particulate Matter
Draft SEIR Draft Supplemental EIR
DWR Department of Water Resources
EIR Environmental Impact Report
Element Open Space, Natural Resources, and Conservation Element EO Executive Order
EPS Emissions Performance Standard
ESA Endangered Species Act
FEIR Final Environmental Impact Report
FHWA Federal Highway Administration
FLPMA Federal Land Policy and Management Act (
FTA Federal Transit Administration
FY Fiscal Year
GHG Greenhouse Gas
GLO General Land Office
gpd gallons per day
Handbook California Airport Land Use Planning Handbook
HCP Habitat conservation Plan
HMMH Harris, Miller, Miller & Hanson, Inc.
hp Horsepower
Hz Hertz
I-5 Interstate 5
IEPR Integrated Energy Policy Report
IS Initial Study
ITE Institute of Transportation Engineers
ITP Incidental Take Permit
KDA KD Anderson & Associates, Inc.
kV Kilovolt
KWh Kilowatt-Hours
Ldn Day-Night Average
Leq Equivalent Noise Level
Lmax Maximum Noise Level
Lmin Minimum Noise Level
LOS Level of Service
MBTA Migratory Bird Treaty Act
Mgd Million Gallons Per Day
MLD Native American Most Likely Descendant
MMRP Mitigation Monitoring and Reporting Plan
Mwh Megawatt hour
MTP Metropolitan Transportation Plan
N2O Nitrous Oxide
NAAQS National Ambient Air Quality Standards
NAHC Native American Heritage Commission
NCCP Natural Community Conservation Plan
NCHRP National Cooperative Highway Research Program
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Term Description
NEIC Northeastern Information Center
NEPA National Environmental Policy Act
NHPA National Historic Preservation Act
NIOSH National Institute for Occupational Safety and Health NMFS National Marine Fisheries Service
NO2 Nitrogen Dioxide
NOAA National Oceanic and Atmospheric Administration
NOC Notice of Completion
NOP Notice of Preparation
NOx Oxides of Nitrogen
NPDES National Pollutant Discharge Elimination System
NPPA Native Plant Protection Act
NPS National Park Service
NRHP National Register of Historic Places
NSVAB Northern Sacramento Valley Air Basin
NWPR National Wetlands Protection Rule
O3 Ozone
OFD Oroville Fire Department
OMA Oroville Municipal Airport
OPR Office of Planning and Research
OSHA Occupational Safety and Health Administration
PG&E Pacific Gas and Electric Company
PM10 Particulate Matter Less than 10 Microns in Diameter, Coarse Particulate Matter PM2.5 Particulate Matter Less than 2.5 Microns in Diameter ppm Parts Per Million
PPV Peak Particle Velocity
Proposed Project Feather Ranch Project
PRC Public Resources Code
PRPA Paleontological Resources Preservation Act
RHNA Regional Housing Needs Assessment
RMS Root Mean Square
ROG Reactive Organic Gas
RPS Renewables Portfolio Standard
RTP Regional Transportation Plan
RWQCB Regional Water Quality Control Board
SAFER Staffing for Adequate Fire and Emergency Response SB Senate Bill
SC-OR Sewerage Commission – Oroville Region’s
SCAQMD South Coast Air Quality Management District
SCH State Clearinghouse
SCS Sustainable Communities Strategy
sf Square Foot/Feet
SIP State Implementation Plan
SLF Sacred Lands File
SO2 Sulfur Dioxide
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Term Description
SOI Sphere of Influence
SR State Route
SSC Species of Special Concern
STC Sound Transmission Class
SVAQEEP Sacramento Valley Air Quality Engineering and Enforcement Professionals SWPPP Stormwater Pollution Prevention Plan
TAC Toxic Air Contaminant
TAZ Traffic Analysis Zone
TCRs Tribal Cultural Resources
TIS Traffic Impact Study
TMDP 2007 Thermalito Master Drainage Plan
TWSD Thermalito Water and Sewer District
UCMP University of California Museum of Paleontology
USACE United States Army Corp of Engineers
USC U.S. Code
USEPA U.S. Environmental Protection Agency
USFWS U.S. Fish and Wildlife Service
USGS U.S. Geological Survey
VMT Vehicle Miles Traveled
WEAL Western Electro-Acoustic Laboratory, Inc.

WTF Wastewater Treatment Facility
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1.0 INTRODUCTION

1.1 Purpose of the Draft EIR
This Draft EIR identifies and evaluates the potential environmental impacts associated with the implementation of the Proposed Project. The Project entails the subdivision of a 44.97-acre site into 172 single-family lots in Oroville California.

As described in CEQA Guidelines Section 15121(a), an EIR is an informational document that informs agency decision makers and the general public of the potentially significant environmental impacts of a project, identifies ways to minimize the significant impacts, and describes a reasonable range of alternatives to the project. CEQA requires that an EIR be prepared by the agency with primary responsibility over the approval of a project (referred to as the Lead Agency). The City of Oroville (City) as the Lead Agency has prepared this DEIR in accordance with the CEQA (PRC Sections 21000 et. seq.) and the Guidelines for the Implementation of CEQA (CCR Title 14, Sections 15000 et seq.).

This DEIR is intended to provide information to public agencies and the general public regarding the potential direct, indirect, and cumulative environmental impacts associated with the Proposed Project.

Public agencies are charged with the duty to consider and minimize environmental impacts of proposed development, where feasible, and are obligated to balance a variety of public objectives including economic, environmental, and social factors in their decision making. The City has determined that an EIR is the appropriate CEQA documentation due to the potential for significant environmental impacts that could result from approval of the requested actions and development of the Proposed Project. This Draft EIR evaluates the existing environmental conditions in the area, analyzes potential environmental impacts due to the implementation of the Project, and identifies feasible mitigation measures that could avoid or reduce the magnitude of those impacts. CEQA requires a Lead Agency neither approve nor implement a project unless significant environmental impacts have been reduced, or, if a Lead Agency approves the project even though significant impacts identified in the DEIR cannot be fully mitigated, the Lead Agency must state in writing the reasons for its action by adopting Findings and a Statement of Overriding Considerations (CEQA Guidelines Section 15091).

Table 1.1. Anticipated Agency Approvals and Reviews
Agency Permit or Approval
City of Oroville City Council • Certification of the EIR, • Approval of a General Plan Amendment to change the land use designation for the site from Airport Business Park to Residential -Single Family,
• Approval of a Rezoning from Airport Business Park
(ABP)and Airport Influence Area Overlay (AIA-O) to Single Family Residential (R-1), and
• Approval of the Tentative Subdivision map
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1.2 Known Trustee and Responsible Agencies
Other public agencies may use this DEIR to issue approvals and permits related to the Proposed Project.

For the purpose of CEQA, the term trustee agency means a state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of California. In CEQA, the term responsible agency includes all public agencies other than the lead agency that may have approval authority in some regard associated with the Proposed Project. A list of agency approvals that may be required to implement the Proposed Project is provided in Table 1.2. The types of actions that these agencies, as well as other agencies not included on this list, may take in connection with the Proposed Project include, but may not be limited to the following:
 Approve, adopt, or amend applicable plans, policies, or programs,  Make findings of consistency,
 Approve and issue permits,
 Approve agreements,
 Provide authorization and approval of funding, and
 Provide service.

Table 1.2. Potential Trustee and Responsible Agency Approvals and Reviews Agency Review
Butte County Air Quality Management District
(BCAQMD)
Dust control plan
Central Valley Regional Water Quality Control
Board
Construction General Permit
Butte County Airport Land Use Commission Review of the Feather Ranch Project for compliance with the Oroville Municipal Airport Land Use Plan

1.3 Type of Document
CEQA and the CEQA Guidelines identify several types of EIRs, each applicable to different project circumstances. This EIR is for a specific development project with defined parameters. As such, this EIR is a project EIR. Project EIRs are defined by CEQA Guidelines (Section 15161) as:
“The most common type of EIR examines the environmental impacts of a specific development project. This type of EIR should focus primarily on the changes in the environment that would result from the development project. The EIR shall examine all phases of the project including planning, construction, and operation.”
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1.4 Intended Use of the EIR
This Draft EIR is intended to evaluate the environmental impacts of the Project based on an equal level analysis of the three proposed alternatives. This EIR in its final form will be used by the City in considering approval of the Proposed Project. In accordance with CEQA Guidelines Section 15126, the EIR will be used as the primary environmental document in consideration of all subsequent planning and permitting actions associated with the Project, to the extent such actions require CEQA compliance and as otherwise permitted under applicable law.

1.5 Draft EIR Organization
This DEIR is organized as follows:
 The Summary provides summary information on the Project location and setting, Project characteristics, areas of controversy and issues to be resolved, Project alternatives, and a summary of impacts and mitigation measures.
 Section 1.0 of the DEIR provides an introduction to the Proposed Project, the purpose of the DEIR, a description of the organization of the DEIR, the intended uses of the DEIR, and a description of the public review process.
 Section 2.0 provides a description of the Project location, Project objectives, and the elements of the Proposed Project.
 Section 3.0 provides the environmental analysis of the Proposed Project. This includes the description of the regulatory background, environmental setting (existing conditions), the analysis of environmental impacts, and a discussion of mitigation measures to reduce or eliminate any significant environmental impacts.
 Section 4.0 addresses other aspects of compliance with CEQA including a description of significant and unavoidable adverse impacts, effects found not to be significant, significant irreversible environmental changes, and growth-inducing impacts.  Section 5.0 discusses the alternatives considered and rejected, alternatives considered and analyzed, and potential environmental impacts of implementing alternatives to the Proposed Project, including the No Project Alternative. This chapter also identifies the Environmentally Superior Alternative in accordance with CEQA Guidelines Section 15126.6(e)(2).  Section 6.0 provides the references used to prepare the EIR.  Section 7.0 provides a list of the DEIR preparers.
 Appendices contain information that supplements or supports the DEIR. 169
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1.6 Environmental Review Process

1.6.1 Notice of Preparation and Initial Study
In accordance with the CEQA Guidelines, the City of Oroville, as Lead Agency, prepared an IS and NOP for an EIR on the Proposed Project. A copy of the IS and NOP are provided in Appendix 1.0-A1. The City of Oroville distributed the IS and NOP for review and comment to the SCH (#2022110054) and interested parties for a 33-day comment period from November 3 to December 5, 2022.

CEQA Guidelines Section 15063 (c) provides the purpose and use of an IS. Section 15063(c) is as follows:
(c) Purposes. The purposes of an Initial Study are to:
(1) Provide the Lead Agency with information to use as the basis for deciding whether to prepare an EIR or a Negative Declaration.
(2) Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for a Negative Declaration.
(3) Assist in the preparation of an EIR, if one is required, by:
(A) Focusing the EIR on the effects determined to be significant, (B) Identifying the effects determined not to be significant, (C) Explaining the reasons for determining that potentially significant effects would not be significant, and
(D) Identifying whether a program EIR, tiering, or another appropriate process can be used for analysis of the project’s environmental effects. (4) Facilitate environmental assessment early in the design of a project; (5) Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment; (6) Eliminate unnecessary EIRs;
(7) Determine whether a previously prepared EIR could be used with the project.

The IS determined that the Proposed Project would have a less than significant impact or no impacts in the following IS analysis areas:

Aesthetics, Mineral Resources,
Agriculture and Forest Resources, Public Services (except for fire protection), Geology and Soils, Recreation,
Hazards and Hazardous Materials
(except for airport hazards),
Wildfires
Utilities (except for wastewater services).

Hydrology and Water Quality,

1.6.2 Scoping Meeting
The scoping meeting was advertised with the publication of the NOP on November 3, 2022 and scheduled for November 17, 2022 in order to allow early public/agency input and comments about the Project, the 170
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IS and future environmental review. No members of the public and agencies attended this meeting. The City received six NOP comment letters, summarized in Table 1-3. The comment letters are included in Appendix 1.0-A2. These comments were considered as a part of the EIR analysis.

Table 1-3. NOP Comments
Name of Commenter/
Agency Comment Summary
California Department of
Fish and Wildlife
The comment letter provides CDFW’s role in the protection of fish and wildlife in the state identifying CDFW as a trustee and responsible agency under CEQA. The letter also provides guidance for the assessment of biological resources including the information that should be provided in a Biological Assessment (BA). The comment letter continues and states that the EIR should provide a thorough discussion of the Project’s potential direct, indirect, and cumulative impacts on biological resources and provides information that should be discussed in an EIR. The letter states that the EIR should include appropriate and adequate avoidance, minimization, and/or mitigation measures for all direct, indirect, and cumulative impacts that are expected to occur as a result of the construction and long-term operation and maintenance of the Project. The letter provides information on special-status species levels and the requirement for mitigation of impacts to these species. The letter also discusses the California Endangered Species Act (ESA), the Native Plant Protection Act (NPPA), the Lake and Streambed Alteration Program, and required filing fees.

Native American Heritage
Commission
The comment letter provides the requirements for Native American consultation pursuant to Assembly Bill (AB) 52. The letter also provides information regarding mitigation for impacts to Tribal Cultural Resources (TCRs) and recommendations for cultural resources assessments.

Butte County Air Quality
Management District
The comment letter provides information on air pollutant screening threshold for the air district and recommends using the latest version of California Emissions Estimator Model (CalEEMod) to perform modeling and quantification of pollutants created by construction and operational activities to estimate impacts of criteria air pollutants as well as greenhouse gases.

Washoe Tribe of Nevada
and California
The response to the NOP states “At this time we have no interest in the project.” Butte County Public Works The comment letter expresses concern about roadway improvements necessary to meet the transportation and safety demands associated with the project and that impact studies be performed, referencing the Butte County 2007 Thermalito Master Drainage Plans (updated in 2009), which provides drainage information in the area and provides a consistent area-wide analysis.

Jeanette Morton The comment letter expresses opposition to the project unless the City does something to address the lack of adequate response in regard to fire in the area.

1.6.3 Draft EIR
As a result of the IS analysis, comments received during the NOP scoping meeting and public review period, the City determined that the Proposed Project could have significant environmental impacts to certain environmental resources and that an EIR should be prepared. These environmental resources 171
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include air quality, biological resources, cultural resources, energy, greenhouse gas and climate change, hazards and hazardous materials (airport hazards only), noise, paleontological resources, population and housing, public services (fire protection only) , transportation, tribal cultural resources and utilities (wastewater services only). This Draft EIR provides this analysis.

This document constitutes the Draft EIR. The Draft EIR contains a description of the Project, a description of the environmental setting, identification of Project impacts, alternatives, and feasible mitigation measures for impacts found to be significant. Upon completion of the Draft EIR, the City will file the Notice of Completion (NOC) with the California Office of Planning and Research (OPR) to begin the public review period (PRC Section 21161).

1.6.4 Public Notice/Public Review
Concurrent with the NOC, the City will provide public notice of the availability of the Draft EIR for public review and invite comment from the general public, agencies, organizations, and other interested parties.

The public review and comment period is 45 days. Notice of the time and location of any public meetings and hearings will be published prior to the meeting/hearing in accordance with applicable law. All comments or questions regarding the Draft EIR should be addressed to:

Wes Ervin, Principal Planner
City of Oroville
1735 Montgomery Street
Oroville, California 95965
Comments may also be sent to Mr. Ervin via e-mail at: [email protected]

1.6.5 Response to Comments/Final EIR
Following the public review period, a Final EIR (FEIR) will be prepared. The FEIR will respond to all comments received during the public review period that raise significant environmental concerns and may contain any necessary revisions to the Draft EIR. The Draft EIR, as revised and combined with responses to comments, will constitute the Final EIR.

1.6.6 Certification of the EIR/Project Consideration
The City Council will review and consider the FEIR. If the City Council finds that the FEIR is adequate and complete, the City Council may certify the FEIR. Additionally, upon review and consideration of the FEIR, the Council may take action to approve, revise, or reject the Proposed Project. Any decision to approve the Project would be accompanied by written findings in accordance with CEQA Guidelines Sections 15091 and 15093. A Mitigation Monitoring and Reporting Program (MMRP), as described below, must also be adopted for mitigation measures that have been incorporated into or imposed on the Project to reduce or avoid significant effects on the environment. The MMRP will be designed to ensure that these measures are enforceable and carried out during Project implementation. 172
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1.6.7 Mitigation Monitoring and Reporting Program
CEQA Section 21081.6(a) requires lead agencies to adopt an MMRP to describe measures that will be adopted and made a condition of Project approval in order to mitigate or avoid significant effects on the environment. The specific reporting or monitoring program required by CEQA is not required to be included in the EIR; however, it must be presented to the City Council for adoption.

Throughout the EIR, mitigation measures for potentially-significant environmental impacts have been clearly identified and presented in language that will facilitate establishment of an MMRP. Any mitigation measures adopted by the City Council as conditions for approval of the Project will be included in an MMRP to ensure enforceability and verify compliance.
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2.0 PROJECT DESCRIPTION

2.1 Project Location and Setting
The Project is located directly southwest of the Feather Avenue/20th Street intersection in City of Oroville, California. Assessor’s Parcel Number (APN) 030-230-098 (Figures 2-1 and 2-2). The Project is 44.97 acres in size. The Surrounding uses include single-family homes and vacant land to the east of the Project Site. Rural residential uses and vacant land lie to the north of the Project Site; vacant land lies to the west of the Site, with rural residential uses and vacant land to the south. The Oroville Municipal Airport (OMA) is approximately 0.75 mile to the south of the Project Site and the Thermalito Forebay is 0.5 mile to the north (Figure 2-3).

2.2 Project Objectives
Project objectives are required to be provided in an EIR. CEQA Guidelines Section 15124(b) states that:
“[a] clearly written statement of objectives will help the lead agency develop a reasonable range of alternatives to evaluate in the EIR and will aid the decision makers in preparing findings or a statement of overriding considerations, if necessary. The statement of objectives should include the underlying purpose of the Project and may discuss the Project benefits.”
The Project objectives area as follows:
 Develop an economically feasible housing plan that is compatible with the surrounding community in a low fire risk zone to provide permanent housing relief for the 50,000 displaced Paradise fire survivors.
 Fulfill the housing needs of the state, City of Oroville, and County of Butte by rezoning un-used isolated airport business park land to medium density residential homes to help address the current RHNA. The housing units will be market-rate for-sale units.  Create a vibrant residential community by providing a like-kind residential project that further adds to eastern Oroville’s current and future neighborhoods. The Project will include lots of 6,000 sf or larger, setback and landscaping buffers.
 Provide a well-connected open space network that includes the addition of a neighborhood park, bicycle paths and pedestrian sidewalks, open space buffers, and a space for recreational activities.  Incorporate the Building Code requirements for energy efficiencies and water savings.

2.3 Project Description
The Proposed Project is the subdivision of a 44.97-acre site into 172 single-family lots located at the southwest corner of the Feather Avenue/20th Street intersection in the City of Oroville, California. Figure 2-4 provides the Project Site Plan. Lots will range in size from 6,600 to 9,410 sf, average lot size is 7,450 sf. The 175
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subdivision is proposed as a phased map. Phase 1 proposes 68 lots, Phase 2 proposes 58 lots, and Phase 3 proposes 46 lots (Figure 2-4).

Lots within the Project will be served by a grid of internal cul-de-sac streets, including curbs, gutters and sidewalks. The Project’s north/south running street (Street A) will be the connecting street for all of the culde-sac streets. The Project will also construct an extension of Feather Avenue on the north Project boundary and Biggs Avenue on the south Project boundary. These two streets, along with the existing 20th Street, will provide Project access. All streets will be built to City of Oroville roadway standards (Figure 2-5).

Improvements to 20th Street include curbs, gutters and sidewalks adjacent to the Project Site.

The Project includes amenities such as a passive park on Lot A with pedestrian pathways and a storm drainage basin. The Project also includes the development of a bicycle/pedestrian meandering pathway along the east side of Street A separated from the street by greenway space and bicycle/pedestrian pathway connections from the east end of Project streets to 20th Street.

Storm drainage improvements will include the installation of underground storm drain pipes and storm water leach trenches beneath the curb, gutter and sidewalk to detain and percolate additional runoff generated by the Project improvements. Figures 2-5 through 2-8 show storm drain trench locations and detail. The Project storm drain system will connect to the existing City of Oroville storm drain facilities in 20th Street.

The Project Site is currently within the City of Oroville General Plan land use designation of Airport Business Park (ABP) and zoning district of ABP with an Airport Influence Area Overlay (AIA-O). None of these designations allow the development of residential uses at the density of 3.82 units per acre requested for the Proposed Project. As a part of the Project, a General Plan amendment changing the Project Site to Medium Low Density Residential (3 to 6 units per acre) and a rezoning to Single Family Residential (R-1) has been requested.

The Project Site is also within the B1 and B2 Compatibility Zones for the Oroville Municipal Airport Compatibility Land Use Plan. The B1 zone allows residential development of 0.1 units per acre and the B2 zone residential development of 0.5 units per acre. As such, these Compatibility Zones do not allow residential development at the density proposed for the Project. The consequence of the Project Site being within the B1 and B2 zones is explained further in Section 3.8 of this Draft EIR.

The Project Site is currently vacant undeveloped land. Elevations range from 230 feet Above Mean Sea Level (AMSL) at the southwest corner of the Project Site to 190 feet AMSL at the northeast corner, generally sloping from west to east.

City-required approvals include a General Plan amendment, rezone, and a tentative subdivision map.

2.3.1 Construction Timing
Construction is anticipated to start in 2024 and last through 2026. The construction will be phased as follows: Phase 1 (Lots 1-68) to occur in 2024, Phase 2 (Lots 69-126) in 2025, and Phase 3 (Lots 141-172) in 2026.
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70 5
Red Bluff
Feather
River
20 20
20 45
49 49
65 65
70 16
113
162
5 Lake Oroville
State
Recreation Area
South Yuba
River State Park
Auburn State
Recreation Area
Sacramento Riv
Nat'l Wildlife
Ref
Orland
Live Oak
Willows
Colusa
Paradise
Grass Valley
Chico
Yuba City
^_
Project
Location
San Francisco
Los Angeles
Map Date: 9/21/2022
Sources: ESRI
Location: N:\2022\2022-009 Oroville 20th Street Residential Development\MAPS\CEQA\Oroville 20th CEQA.aprx - Oroville20th Regional Location 20220920 (JSwager - 9/21/2022) I
0 5 10
Miles
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Figure 2-1. Regional Location
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Project
Location
Map Date: 9/21/2022
Sources: ESRI, USGS, NAIP (2020)
Location: N:\2022\2022-009 Oroville 20th Street Residential Development\MAPS\CEQA\Oroville 20th CEQA.aprx - Oroville20th Site Location 20220920 (JSwager - 9/21/2022) I
0 1
Miles
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Figure 2.2. Site Location
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Rural
Residential
Vacant Land
Vacant Land
Vacant Land
Vacant Land
Rural Residential
Single
Family
Residential
Thermalito
Forebay
Map Date: 9/21/2022
Sources: ESRI, USGS, NAIP (2020)
Location: N:\2022\2022-009 Oroville 20th Street Residential Development\MAPS\CEQA\Oroville 20th CEQA.aprx - Oroville20th Surrounding LandUse 202209201 (JSwager - 9/21/2022) I
0 1,000
Feet
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Figure 2-3. Surrounding Uses
Map Contents
Project Site
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Figure 2-4. Site Plan
2022-009/Feather Ranch Project
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Figure 2-5. Street Sections and Storm Drain Leach Trench Detail 2022-009/Feather Ranch Project
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Figure 2.6. Storm Drain Inlets and Leach Trench Locations 2022-009/Feather Ranch Project
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Figure 2-6b. Storm Drain Inlets and Leach Trench Locations (continued) 2022-009/Feather Ranch Project
Source: W. Gilbert Engineering
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Figure 2-6c. Storm Drain Inlets and Leach Trench Locations (continued) 2022-009/Feather Ranch Project
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3.0 ENVIRONMENTAL SETTING, IMPACTS AND MITIGATION

3.0.1 Introduction
Chapter 3.0 of this DEIR provides separate sections for each environmental topic. Each section describes the environmental setting (existing conditions) and regulatory setting; direct, indirect, and cumulative impacts from the Proposed Project; and mitigation measures to reduce or avoid significant impacts.

As part of the scoping process described in Section 1.6, the City of Oroville prepared an IS and NOP for an EIR on the Proposed Project and received comments on the scope of the EIR from interested agencies, organizations and individuals (Appendix 1.0). As a result of the scoping process, the City determined that the environmental issue areas to be evaluated in the DEIR are:
 3.1 Air Quality
 3.2 Biological Resources
 3.3 Cultural Resources
 3.4 Energy
 3.5 Geology, Soils and Paleontological
Resources (paleontological resources
only)
 3.6 Greenhouse Gas and Climate Change
 3.7 Hazards and Hazardous Materials
(airport hazards only)
 3.8 Land Use
 3.9 Noise
 3.10 Population and Housing
 3.11 Public Services (fire protection only)
 3.12 Transportation
 3.13 Tribal cultural Resources
 3.14 Utilities (wastewater and storm
drainage services only)
Issues Not Included for Further Review in this DEIR
In addition to the resource subjects listed in Section 3.1, the City considered other resource subject areas in determining the potential of the Project to result in significant effects. CEQA Guidelines Section 15060(d) enables the lead agency to focus the EIR on the issue areas on which the Project could have significant effect, but the lead agency must provide a brief explanation of the reasons for determining that other effects would not be significant or potentially significant.

Specifically, CEQA contemplates using an IS to identify a project’s insignificant and potentially significant effects, and then focuses the project EIR analysis on the areas where potentially significant effects have been identified:
"Effects dismissed in an Initial Study as clearly insignificant and unlikely to occur need not be discussed further in the EIR unless the Lead Agency subsequently receives information inconsistent with the finding in the Initial Study. A copy of the Initial Study may be attached to the EIR to provide the basis for limiting the impacts discussed." (CEQA Guidelines, § 15143.)
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"An EIR shall contain a statement briefly indicating the reasons that various possible significant effects of a project were determined not to be significant and were therefore not discussed in detail in the EIR. Such a statement may be contained in an attached copy of an Initial Study" [CEQA Guidelines Section 15128. See also: PRC Sections 21002.1(e), 21100(c); CEQA Guidelines, Sections 15006(d), and 15063(c)(3)].

As discussed in Section1.0, the City prepared and circulated the NOP and IS for this DEIR in November 2022. The NOP and IS are included with this DEIR as Appendix 1.0. The discussion below describes the resource subjects that were previously analyzed in the IS and determined to not require further analysis in this DEIR. For each of the issues listed, the 2022 IS found the Project to have no impact or a less-thansignificant impact. Mitigation measures to reduce the level of impact were neither recommended nor required to avoid potentially significant impacts in each of these issue areas.

The decision not to pursue further evaluation in this DEIR considered all six comment letters on the NOP/IS.

Aesthetics
The City’s General Plan identifies that views of the Feather River and Table Mountain are considered important scenic views in the City. However, as discussed in the IS, the construction of the Project would not result in any degradation of views of Table Mountain or the Feather River. Additionally, the Proposed Project is not located within the vicinity of an officially designated scenic highway. Further, the City’s 2030 General Plan policies and the Design Guidelines would be effective in reducing the visual prominence and aesthetic impact of new development. Therefore, the Project would not substantially degrade the existing visual character or quality of public views of the site and its surroundings. Finally, adherence to the Design Guidelines and Municipal Code would reduce the impacts of daytime glare and nighttime lighting by requiring the design to limit lighting leakage and glare.

Agriculture and Forestry Resources
The Department of Conservation identifies the Project Site as Grazing Land. According to the California Important Farmland Finder, there is currently no designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance within the Project Site, nor within the Project vicinity. Additionally, none of the land within the Project Site or vicinity is under a Williamson Act contract. Finally, no identified forest lands exist on the Project Site or within the vicinity of the Project. As such, the Project would not have the potential to convert agricultural land or forest resources.

Geology and Soils
The Proposed Project Site is not located within an Alquist-Priolo Earthquake Zone. The Site is not within a currently established State of California Earthquake Fault Zone for surface fault rupture hazards. No active or potentially active faults are known to pass directly beneath the Project Site. Compliance with National Pollutant Discharge Elimination System (NPDES) and Stormwater Pollution Prevention Plan (SWPPP) requirements, as well as implementation of the General Plan Policies P1.2 and the California Building Code 192
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(CBC), would ensure that soil erosion and related impacts would be less than significant. Finally, according to General Plan Figure SAF-2, the Project Site is located in an area that has a high potential for expansion.

However, standard procedures used in the construction of concrete footings as required by the CBC and adherence General Plan Policy P1.2 requiring a site-specific geotechnical report, will reduce this potential impact to less than significant despite the shrink-swell potential identified for Project Site soils.

Hazards and Hazardous Materials
Project construction would involve the use of hazardous materials such as diesel fuel. The transport, storage, use, and disposal of such materials would be done in compliance with local, state, and federal regulation and in compliance with fuels and materials Best Management Practices to be established in the construction SWPPP that would be prepared for the Project and implemented during construction.

Potential risks associated with the handling of fuels and other potentially hazardous materials during construction would be sufficiently addressed through such compliance and management and would not pose a substantial risk of exposure or significant environmental effects.

Hydrology and Water Quality
Oroville Municipal Code Section 15.88.060 Standards for Grading, Excavation And Site Clearance requires sedimentation and erosion control for all grading and site preparation activities. The Proposed Project would be required to prepare and comply with an approved SWPPP and Municipal Code Section 15.88.060. The Project would not use groundwater as a domestic water source. There are no creeks, streams or rivers on or near the Project Site. As such, siltation of on- or offsite waterways would not occur. Project compliance with General Plan policies and Section 16.16.130 of the Municipal Code would require stormwater facilities that would restrict stormwater flows from the Project Site. Federal Emergency Flood Management Agency flood hazard map 06007C0788E indicates that the entire Project Site is in unshaded Zone X. The Project Site is not located within a flood zone. According to Figure SAF-3 of the 2030 General Plan, the Project Site is within the inundation area of Lake Oroville and failure of the Oroville Dam could result in release of water held behind the dam, and inundation of much of the city and surrounding area. However, the California Department of Water Resources (DWR) is continually assessing Oroville Dam; the Oroville Dam is formally inspected multiple times each year by various entities. The dam is inspected twice a year by the California DWR’s Division of Safety of Dams and annually by the Federal Energy Relicensing Commission Dam Safety Program. Therefore, an event such as the failure of Lake Oroville Dam has a low probability of occurring and is not considered to be a reasonably foreseeable event.

Land Use and Planning
The Project Site is located in the western area of the City. The only established residential community near the Project is a small subdivision located on the eastern boundary of the Project Site. The Project would be accommodated by existing roadways and would not require construction of new roadways that would preclude access to the surrounding area. As such, the Proposed Project would not physically divide an established community,
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Mineral Resources
The Project site is not within a designated Mineral Resource Zone and would not have the potential to result in the loss of availability of valuable mineral resources.

Public Services
The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered police, schools, and parks facilities.

Recreation
The Project would be subject to Conservation Element Policy P3.1 requiring the dedication of land, the payment of in-lieu fees, or both for parks and recreational facilities . Therefore, Project impacts relating to parks and recreational facilities would be less than significant.

Utilities and Service Systems
Water
The Project includes the future development of 172 single-family homes and is anticipated to have an average water demand of 402 gallons per day (gpd) per housing unit or 69,066 gpd for the Project as a whole. The 69,066 gpd for the Project calculates to approximately 25.2 million gallons per year or 77.34 Acre-Feet (AF) Per Year (AFY) of water use. According to the Reginal Water Quality Control Board (RWQCB), the Thermalito Water and Sewer District (TWSD) had a total demand of 2,295.75 AF of water in 2021. The addition of 77.34 AF from the Proposed Project would not result in an exceedance of the TWSD surface water supply of 8,200 AF. As such, there would be sufficient water supply available to adequately offset future water demands projected for the Proposed Project.

Storm Drainage
The Project’s storm drain system is designed to control all site storm waters and not allow an increase of offsite storm water flow. As such, the Project would have a less than significant impact to storm drainage facilities. However, comments received during the public review of the IS provided further information regarding storm drainage in the vicinity of the Project. As such, this impact area is further discussed in this EIR.

Electric Power
Electricity is provided to the Project Site by Pacific Gas & Electric Company (PG&E). The electricity provider’s ability to provide its services concurrently for each project is evaluated during the development review process. No new electric facilities will be required to provide electricity to the Project.

Wildfire
The Project Site is not in an area designated by the California Department of Forestry and Fire Protection (CAL FIRE) as a Fire Hazard Severity Zone. Furthermore, no Very High FHSZs are located nearby. Also, the 194
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Project Site is not located in a State Responsibility Area (CAL FIRE 2022). The Project does not include any actions that would impair or physically interfere with an adopted emergency response plan or emergency evacuation plan. No construction activities would impede the use of surrounding roadways in an emergency evacuation. The Project would have no impact in this area.

3.0.2 Environmental Baseline
Pursuant to the State CEQA Guidelines (Section 15125(a)), the environmental setting used to determine the impacts associated with the Project normally is based on the environmental conditions that existed in the Project Area at the time the NOP was published. However, the CEQA Guidelines (Section 15125(a)) also says that where existing conditions change or fluctuate over time, a lead agency may define existing conditions by referencing historic conditions, conditions expected when a project becomes operational, or projected future conditions beyond the date of initial project operations, if doing so would meet CEQA’s objective of giving the public and decisionmakers the most accurate and understandable picture practically possible of the project’s likely near-term and long-term impacts.

For purposes of this EIR, environmental baseline is generally defined as conditions that existed within the Project Study Area at the time of NOP circulation, or November 3, 2022. This provides the basis for the determination of the majority of Project impacts, i.e., the changes to those conditions brought about by Project construction and operation either directly or indirectly. When the environmental baseline is substantially different than described above, the specific conditions and assumptions relied on for the issue area are described.

3.0.3 Impact and Mitigation Measure Terminology
This DEIR analyzes the potential direct, indirect, and cumulative environmental impacts of the Proposed Project. The determination of whether an impact is considered significant is based on specific significance criteria. Under CEQA, these criteria (also called Thresholds of Significance) are used to make a determination of significance for each environmental impact evaluated. An adverse impact that exceeds the significance criteria is considered significant, and an impact that does not exceed the criteria is considered less than significant. The CEQA significance criteria used in this DEIR are based on CEQA’s mandatory findings of significance (as summarized in State CEQA Guidelines Section 15065); the checklist presented in Appendix G of the State CEQA Guidelines in effect when the Draft EIR was prepared; and where appropriate, factual or scientific data and regulatory standards of federal, state, and local agencies.

For CEQA purposes, impacts in this DEIR are classified as:
 No Impact – There would not be any change to the environment as a result of the project.  Less than Significant Impact - A project impact is considered less than significant if it would not exceed the threshold of significance and therefore would not cause a substantial adverse change in the environment. No mitigation is required for a less than significant impact.  Less than Significant Impact with Mitigation - A project impact is considered significant if it results in a substantial adverse change in the physical conditions of the environment. Significant impacts are identified by the comparison of the project’s effects to the established thresholds of 195
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significance. Mitigation measures are identified, where feasible, to avoid, minimize, rectify, reduce, or compensate for significant impacts of the project, in accordance with the State CEQA Guidelines (Section 15126.4). If project impacts would be reduced to a less than significant level after the implementation of mitigation, the impact is classified as less than significant with mitigation.
 Significant and Unavoidable Impact - A project impact is considered significant and unavoidable if it would result in a substantial adverse change in the environment and if that impact would remain significant even after the implementation of mitigation. A lead agency can approve a project with significant unavoidable impacts if the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse effects. In this case, the lead agency must adopt a statement of overriding considerations describing the specific reasons to support its action (State CEQA Guidelines Section 15093(b)).

3.0.4 Cumulative Impact Scenario
Section 15130(a) of the CEQA Guidelines requires a discussion of cumulative impacts of a project “when the project’s incremental effect is cumulatively considerable.” The CEQA Guidelines, Section 15355, defines a cumulative impact as “two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.” Cumulatively considerable impacts are defined in Section 15065(a)(3) of the CEQA Guidelines as the “incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.” Section 15130(b) of the CEQA Guidelines states:
“[t]he discussion of cumulative impacts shall reflect the severity of the impacts and their likelihood of occurrence, but the discussion need not provide as great detail as is provided of the effects attributable to the project alone. The discussion should be guided by the standards of practicality and reasonableness and should focus on the cumulative impact to which the identified other project contribute rather than the attributes of other projects which do not contribute to the cumulative impact.” To analyze the cumulative impacts of the Project in combination with other expected projects, the amount and location of development expected to occur must be predicted. Section 15130(b) of the CEQA Guidelines allows two methods of prediction:
“Either:
(A) A list of relevant past, present and probable future projects producing related or cumulative impacts, including, if necessary, those projects outside the control of the agency, or (B) A summary of projections contained in adopted local, regional or statewide plan, or related planning document, that describes or evaluates conditions contributing to the cumulative effect…”
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Other than the Proposed Project, no other development is pending or proposed in the City or the surrounding area. Therefore, for the purpose of this DEIR, the Oroville 2030 General Plan (2015a) growth projections are the basis of the cumulative analysis.

The City of Oroville adopted the Oroville 2030 General Plan on June 2, 2009. As a part of the 2009 update process, an EIR was certified by the City (SCH #2008022024). Within this EIR were development projections to the year 2030. These projections are provided in Table 3-1.

Table 3-1. 2008 General Plan EIR - Expected 2030 Development Under the 2030 General Plan Location Residential
(dwelling units)
Industrial
(square feet)
Commercial
(square feet)
City Limit (only) 9,300 6,800,000 12,200,000
Sphere of Influence (only) 18,300 1,900,000 9,000,000
Total: 27,600 8,700,000 21,200,000
Source: City of Oroville 2015b
In 2015, the City again updated the General Plan, in part to include some land use changes within the city limits. As a part of this process, the Oroville Sustainability Update Draft Supplemental EIR (SCH# 2014052001) was written and certified by the City in 2015. The Draft Supplemental EIR (Draft SEIR) also updated the expected growth in the City using the same methodology to estimate future development as used in the 2009 EIR. The 2015 Draft SEIR included changes to the 2030 development projections which resulted in increase to residential, industrial, and commercial development within the City limits as shown in Table 3-2. The 2030 development projections provide the basis for cumulative analysis in this DEIR.

Table 3-2. 2015 General Plan SEIR – Expected 2030 Development Under the 2030 General Plan Location Residential
(dwelling units)
Industrial
(square feet)
Commercial
(square feet)
City Limit (only)
Change +385 +226,000 -32,000
New Total 9,685 7,026,000 12,168,000
Sphere of Influence (only) 18,300 1,900,000 9,000,000
Total: 27,985 8,926,000 21,168,000
Source: City of Oroville 2015b
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3.1 Air Quality
This section evaluates the Project-related effects to air quality. This section is based on the Air Quality and Greenhouse Gas Emissions Assessment prepared for the Project (ECORP 2023, Appendix 3.2). The information provided below is an abridged version of this report. This analysis was prepared using methodologies and assumptions recommended by the BCAQMD. Regional and local existing conditions are presented, along with pertinent standards and regulations. The purpose of this assessment is to estimate Project-generated criteria air pollutant emissions attributable to the Project and to determine the level of impact the Project would have on the environment and to provide feasible mitigation measures for these impacts.

3.1.1 Environmental Setting
The City of Oroville and the Project Site are within the Northern Sacramento Valley Air Basin (NSVAB). The NSVAB consists of seven counties: Sutter, Yuba, Colusa, Butte, Glenn, Tehama, and Shasta. The NSVAB is bounded on the north and west by the Coastal Mountain Range and on the east by the southern end of the Cascade Mountain Range and the northern end of the Sierra Nevada. These mountain ranges reach heights in excess of 6,000 feet AMSL, with individual peaks rising much higher. The mountains form a substantial physical barrier to locally created pollution as well as to pollution transported northward on prevailing winds from the Sacramento metropolitan area (Sacramento Valley Air Quality Engineering and Enforcement Professionals [SVAQEEP] 2021).

The environmental conditions of Butte County are conducive to potentially adverse air quality conditions.

The basin area traps pollutants between two mountain ranges to the east and west. This problem is exacerbated by a temperature inversion layer that traps air at lower levels below an overlying layer of warmer air. Prevailing winds in the area are generally from the south and southwest. Sea breezes flow over the San Francisco Bay Area and into the Sacramento Valley, transporting pollutants from the large urban areas. Growth and urbanization in Butte County have also contributed to an increase in emissions.

3.1.2 Ambient Air Quality Standards
Air quality standards are set at both the federal and state levels of government. The federal Clean Air Act (CAA) requires the U.S. Environmental Protection Agency (USEPA) to establish ambient air quality standards for six criteria air pollutants: ozone (O3), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), lead, coarse particulate matter (PM10), and fine particulate matter (PM2.5). The California CAA also sets ambient air quality standards. The state standards are more stringent than the federal standards, and they include other pollutants in addition to those regulated by the federal standards. An area is considered to be in attainment of the standards when the concentrations of pollutants are below the maximum allowed standards in that area,. The Butte County portion of the NSVAB is designated as a nonattainment area for the federal O3 standard and is also a nonattainment area for the state standards for O3, PM10 and PM2.5 and (California Air Resources Board [CARB] 2018, 2020). 199
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3.1.3 Toxic Air Contaminants
In addition to the criteria pollutants discussed above, Toxic Air Contaminants (TAC) are another group of pollutants of concern. TACs are considered either carcinogenic or noncarcinogenic based on the nature of the health effects associated with exposure to the pollutant. For regulatory purposes, carcinogenic TACs are assumed to have no safe threshold below which health impacts would not occur, and cancer risk is expressed as excess cancer cases per one million exposed individuals. Noncarcinogenic TACs differ in that there is generally assumed to be a safe level of exposure below which no negative health impact is believed to occur. These levels are determined on a pollutant-by-pollutant basis.

There are many types of TACs, with varying degrees of toxicity. Sources of TACs include industrial processes such as petroleum refining and chrome plating operations, commercial operations such as gasoline stations and dry cleaners, and motor vehicle exhaust. Public exposure to TACs can result from emissions from normal operations, as well as from accidental releases of hazardous materials during upset conditions. The health effects of TACs include cancer, birth defects, neurological damage, and death.

Most recently, CARB identified Diesel Particulate Matter (DPM) as a TAC. DPM differs from other TACs in that it is not a single substance but rather a complex mixture of hundreds of substances. Diesel exhaust is a complex mixture of particles and gases produced when an engine burns diesel fuel. DPM is a concern because it causes lung cancer; many compounds found in diesel exhaust are carcinogenic. DPM includes the particle-phase constituents in diesel exhaust. The chemical composition and particle sizes of DPM vary between different engine types (i.e., heavy-duty, light-duty), engine operating conditions (i.e., idle, accelerate, decelerate), fuel formulations (i.e., high/low sulfur fuel), and the year of the engine (USEPA 2002). Some short-term (acute) effects of diesel exhaust include eye, nose, throat, and lung irritation, and diesel exhaust can cause coughs, headaches, light-headedness, and nausea. DPM poses the greatest health risk among the TACs; due to their extremely small size, these particles can be inhaled and eventually trapped in the bronchial and alveolar regions of the lung.

3.1.4 Sensitive Receptors
Sensitive receptors are defined as facilities or land uses that include members of the population who are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses.

Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. CARB has identified the following groups of individuals as the most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis. The nearest sensitive receptors to the Project Site include residences directly adjacent to the northeast corner of the Project Site boundary, fronting 20th Street, approximately 75 feet distant.
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3.1.5 Regulatory Framework

3.1.5.1 Federal
Clean Air Act
The CAA of 1970 and the CAA Amendments of 1971 required the USEPA to establish the National Ambient Air Quality Standards (NAAQS), with states retaining the option to adopt more stringent standards or to include other specific pollutants.

These standards are the levels of air quality considered safe, with an adequate margin of safety, to protect the public health and welfare. They are designed to protect those sensitive receptors most susceptible to further respiratory distress such as asthmatics, the elderly, very young children, people already weakened by other disease or illness, and persons engaged in strenuous work or exercise. Healthy adults can tolerate occasional exposure to air pollutant concentrations considerably above these minimum standards before adverse effects are observed.

The USEPA has classified air basins (or portions thereof) as being in attainment, nonattainment, or unclassified for each criteria air pollutant, based on whether or not the NAAQS have been achieved. If an area is designated unclassified, it is because inadequate air quality data were available as a basis for a nonattainment or attainment designation. Table 2-3 in Appendix 3.1 lists the federal attainment status of the SVAB for the criteria pollutants.

3.1.5.2 State
California Clean Air Act
The California Clean Air Act (CCAA) allows the State to adopt ambient air quality standards and other regulations provided that they are at least as stringent as federal standards. CARB, a part of the California Environmental Protection Agency (CalEPA), is responsible for the coordination and administration of both federal and state air pollution control programs within California, including setting the California Ambient Air Quality Standards (CAAQS). CARB also conducts research, compiles emission inventories, develops suggested control measures, and provides oversight of local programs. CARB establishes emissions standards for motor vehicles sold in California, consumer products (e.g., hairspray, aerosol paints, and barbecue lighter fluid), and various types of commercial equipment. It also sets fuel specifications to further reduce vehicular emissions. CARB also has primary responsibility for the development of California’s State Implementation Plan (SIP), for which it works closely with the federal government and the local air districts.

California State Implementation Plan
The CCAA allows states to adopt ambient air quality standards and other regulations provided that they are at least as stringent as federal standards. CARB, a part of the CalEPA, is responsible for the coordination and administration of both federal and state air pollution control programs within California, including setting the CAAQS. CARB also conducts research, compiles emission inventories, develops suggested control measures, and provides oversight of local programs. CARB establishes emissions 201
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standards for motor vehicles sold in California, consumer products (e.g., hairspray, aerosol paints, and barbecue lighter fluid), and various types of commercial equipment. It also sets fuel specifications to further reduce vehicular emissions. CARB also has primary responsibility for the development of California’s SIP, for which it works closely with the federal government and the local air districts. The SIP is a living document that is periodically modified to reflect the latest emissions inventories, plans, and rules and regulations of air basins as reported by the agencies with jurisdiction over them. The CAA Amendments dictate that states containing areas violating the NAAQS revise their SIPs to include extra control measures to reduce air pollution. The SIP includes strategies and control measures to attain the NAAQS by deadlines established by the CAA. The USEPA has the responsibility to review all SIPs to determine if they conform to the requirements of the CAA.

State law makes CARB the lead agency for all purposes related to the SIP. Local air districts and other agencies prepare SIP elements and submit them to CARB for review and approval. \CARB then forwards SIP revisions to the USEPA for approval and publication in the Federal Register. The 2021 Triennial Air Quality Attainment Plan constitutes the current SIP for the Butte County portion of the NSVAB. The plan is updated on a triennial basis and was last updated in 2021. It presents comprehensive strategies to reduce the O3 precursor pollutants (Reactive Organic Gas [ROG] and Oxides of Nitrogen [NOx]) from stationary, area, mobile, and indirect sources.

Tanner Air Toxics Act & Air Toxics “Hot Spots” Information and Assessment Act CARB’s statewide comprehensive air toxics program was established in 1983 with AB 1807, the Toxic Air Contaminant Identification and Control Act (Tanner Air Toxics Act of 1983). AB 1807 created California's program to reduce exposure to air toxics and sets forth a formal procedure for CARB to designate substances as TACs. Once a TAC is identified, CARB adopts an Airborne Toxics Control Measure for sources that emit designated TACs. If there is a safe threshold for a substance at which there is no toxic effect, the control measure must reduce exposure to below that threshold. If there is no safe threshold, the measure must incorporate toxics best available control technology to minimize emissions.

CARB also administers the State’s mobile source emissions control program and oversees air quality programs established by state statute, such as AB 2588, the Air Toxics “Hot Spots” Information and Assessment Act of 1987. Under AB 2588, TAC emissions from individual facilities are quantified and prioritized by the air quality management district or air pollution control district. High priority facilities are required to perform a Health Risk Assessment and, if specific thresholds are exceeded, required to communicate the results to the public in the form of notices and public meetings. In September 1992, the "Hot Spots" Act was amended by SB 1731, which required facilities that pose a significant health risk to the community to reduce their risk through a risk management plan.

3.1.5.3 Local
Butte County Air Quality Management District
The BCAQMD is the air pollution control agency for Butte County, including the Project Site. The agency’s primary responsibility is ensuring that the federal and state ambient air quality standards are attained and maintained in the Butte County portion of the NSVAB. The BCAQMD, along with other air districts in the 202
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NSVAB, has committed to jointly prepare and implement the NSVAB Air Quality Attainment Plan for the purpose of achieving and maintaining healthful air quality throughout the air basin. The BCAQMD is also responsible for adopting and enforcing rules and regulations concerning air pollutant sources, issuing permits for stationary sources of air pollutants, inspecting stationary sources of air pollutants, responding to citizen complaints, monitoring ambient air quality and meteorological conditions, awarding grants to reduce motor vehicle emissions, and conducting public education campaigns, as well as many other activities.

The BCAQMD has adopted a number of rules and regulations to implement its air quality plans, including permitting, prohibitions and limits to emissions from a variety of stationary resources, regulation of open burning, regulation of toxic air contaminants, and implementation of CAA requirements. The following is a list of noteworthy rules that are required of construction activities associated with the Proposed Project:
 Rule 400: Permit Requirements. The purpose of this rule is to require any person constructing, altering, or operating a source that emits or may emit air contaminants to request an Authority to Construct or Permit to Operate from the Air Pollution Control Officer and to provide an orderly procedure for application, review, and authorization of new sources and of the modification and operation of existing sources of air pollution. Stationary sources that are subject to Rule 1101-Title V-Federal Operating Permits of these Rules and Regulations shall also comply with the procedures specified in this Rule.  Rule 402: Nuisance. No person shall discharge from any non-vehicular source such quantities of air contaminants or other material which causes injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property.  Rule 205: Fugitive Dust. The purpose of this RULE is to reduce ambient concentrations and limit fugitive emissions of fine particulate matter (PM10) from construction activities, bulk material handling and storage, carryout and track-out, and similar activities, weed abatement activities, unpaved parking lots, unpaved staging areas, unpaved roads, inactive disturbed land, disturbed open areas, and windblown dust.
 Rule 230: Architectural Coatings. The purpose of this rule is to limit the emissions of volatile organic compounds from the use of architectural coatings supplied, sold, offered for sale, applied, solicited for application, or manufactured for use within the district.

3.1.6 Environmental Impacts

3.1.6.1 Thresholds of Significance
The impact analysis provided below is based on the following CEQA Guidelines Appendix G thresholds of significance. The Project would result in a significant impact to air quality if it would do any of the following:
1) Conflict with or obstruct implementation of any applicable air quality plan. 203
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2) Result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). 3) Expose sensitive receptors to substantial pollutant concentrations. 4) Result in other emissions (such as those leading to odors adversely affecting a substantial number of people).

Butte County Air Quality Management District Thresholds The significance criteria established by the applicable air quality management or air pollution control district (BCAQMD) may be relied upon to make the above determinations. According to the BCAQMD, an air quality impact is considered significant if the proposed Project contributes substantially to an existing or projected air quality violation or exposes sensitive receptors to substantial pollutant concentrations.

The BCAQMD has established thresholds of significance for air quality for construction and operational activities of land use development projects such as that proposed, as shown in Table 3.1-1.

Table 3.1-1. BCAQMD Regional Significance Thresholds
Air Pollutant
Construction Activities Operations
Pounds per
Day Tons per Year Pounds per day
Reactive Organic Gas 137 4.5 25
Carbon Monoxide - - -
Nitrogen Oxide 137 4.5 25
Sulfur Oxide - - -
Coarse Particulate Matter (PM10) 80 - 80
Fine Particulate Matter (PM2.5) - - -
Source: BCAQMD 2014
By its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size, by itself, to result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s individual emissions exceed its identified significance thresholds, the project would be cumulatively considerable.

Projects that do not exceed significance thresholds would not be considered cumulative considerable. 204
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3.1.6.2 Methods of Analysis
Air quality impacts were assessed in accordance with methodologies recommended by the BCAQMD.

Where criteria air pollutant quantification was required, emissions were modeled using CalEEMod, version 2022.1. CalEEMod is a statewide land use emissions computer model designed to quantify potential criteria pollutant emissions associated with both construction and operations from a variety of land use projects. Project construction-generated air pollutant emissions were calculated using CalEEMod model defaults for Butte County. Operational air pollutant emissions were based on the Project Site Plans and traffic trip generation rates from KD Anderson & Associates, Inc. (2023).

3.1.6.3 Project Impacts and Mitigation Measures
Impact AIR-1: Air pollutant emissions associated with the Proposed Project could conflict with or obstruct the applicable air quality plan.

Impact Determination No impact.

Threshold Conflict with or obstruct implementation of the applicable air quality plan.

Impact Discussion
As part of its enforcement responsibilities, the USEPA requires each state with nonattainment areas to prepare and submit a SIP that demonstrates the means to attain the federal standards. The SIP must integrate federal, state, and local plan components and regulations to identify specific measures to reduce pollution in nonattainment areas, using a combination of performance standards and market-based programs. Similarly, under state law, the CCAA requires an air quality attainment plan to be prepared for areas designated as nonattainment with regard to the NAAQS and CAAQS. Air quality attainment plans outline emissions limits and control measures to achieve and maintain these standards by the earliest practical date.

The 2021 Triennial Air Quality Attainment Plan constitutes the current SIP for the Butte County portion of the NSVAB and is the most recent air quality planning document covering Butte County. Air quality attainment plans are a compilation of new and previously submitted plans, programs (e.g., monitoring, modeling, permitting), district rules, state regulations, and federal controls describing how the state will attain ambient air quality standards. State law makes CARB the lead agency for all purposes related to the Air Quality Attainment Plan. Local air districts prepare air quality attainment plans and submit them to CARB for review and approval. The 2021 Triennial Air Quality Attainment Plan includes forecast ROG and NOX emissions (O3 precursors) for the entire NSVAB through the year 2020. The plan also includes control strategies necessary to attain the California O3 standard at the earliest practicable date, as well as 205
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developed emissions inventories and associated emissions projections for the region showing a downtrend for both ROG and NOX.

The consistency of the Project with the 2021 Triennial Air Quality Attainment Plan is determined by Project-induced development’s consistency with air pollutant emission projections in the plan. However, although the 2021 Triennial Air Quality Attainment Plan provides estimated ROG and NOx emissions for the entire NSVAB, they are not apportioned by local air district, county or municipality. The 2021 Triennial Air Quality Attainment Plan is based on information derived from projected growth in Butte County in order to project future emissions and then determine strategies and regulatory controls for the reduction of emissions. Therefore, until such time as Butte County’s applicable air quality plan provides the locally appropriate data necessary to evaluate the consistency of a project’s potential air quality impacts (due to non-stationary sources) with the attainment plan’s emission projections, the BCAQMD recommends that lead agencies and applicants evaluate a project’s contribution to changes in population growth in relation to those projections made by the Butte County Association of Governments (BCAG, BCAQMD 2014).

BCAG has prepared the Butte County population and housing forecasts using professionally accepted methodologies for long-range forecasting. Utilizing a top down approach, long-term projections prepared by the California Department of Finance (DOF) were consulted for Butte County and used by BCAG to reestablish control totals for the region. Additionally, a variety of data sources, including input from local jurisdictions, were reviewed and inserted at the local jurisdiction level, therefore incorporating a bottom up approach. Adjustments were made to compensate for the redistribution and repopulation of the Camp Fire burn area (BCAG 2018). As such, projects that propose development consistent with the growth anticipated by BCAG would be consistent with the 2021 Triennial Air Quality Attainment Plan.

According to the California DOF, the City currently contains a population of 18,863 people and a housing inventory of 7,783 houses (DOF 2022). Accounting for a home vacancy rate of 7.1 percent in Oroville, the DOF (2022) estimates an average of 2.49 people living within an occupied residence. The Proposed Project would create an additional 172 single-family lots, which could be expected to accommodate 428 people (2.49 x 172 = 428), thereby increasing the City of Oroville population to 19,291 (this estimate conservatively assumes that all future residents at the Project would be new to Oroville) and housing stock to 7,955 units. BCAG projects the population of Oroville to range from 20,757 to 22,283 people in the year 2025, and the housing inventory to range from 7,841 to 8,301 units. Thus, the expected growth in population and housing as a result of the Proposed Project would not surpass BCAG’s projections and therefore would not result in a conflict with the 2021 Triennial Air Quality Attainment Plan. Additionally, as shown in Tables 2-5 and 2-6 of the 2021 Triennial Air Quality Attainment Plan, all Project emissions would be under the BCAQMD significance thresholds, which were established to for reducing air pollution and related health effects, a primary goal of the 2021 Triennial Air Quality Attainment Plan. It is further noted that according to Chapter Five of the Oroville Housing Element, Goal 3: Facilitate Development of New Housing to Meet the Needs of the Community, the City will maintain a goal to facilitate development of a range of housing that varies sufficiently in terms of cost, design, size, location, and tenure to meet the housing needs of all economic segments of the community at a level which can be supported by the utility, water, and street infrastructure. Thus, the Project complies with the anticipated housing needs in 206
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Oroville and supports the goals of the General Plan. For these reasons, the Project would be consistent with the goals of local air quality planning.

Mitigation Measures
No mitigation measures are required.

Impact AIR-2: Project implementation could result in a cumulatively considerable net increase of any criteria air pollutant for which the project region is nonattainment under an applicable federal or state ambient are quality standard.

Impact Determination: Less Than Significant
Threshold: Result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors).

Impact Discussion
Project Construction-Generated Criteria Air Quality Emissions Construction-generated emissions are temporary and short-term but have the potential to represent a significant air quality impact. Three basic sources of short-term emissions will be generated through construction of the Proposed Project: operation of the construction vehicles (i.e., excavators, trenchers, dump trucks), the creation of fugitive dust during clearing and grading, and the use of asphalt or other oil-based substances during paving activities. Construction activities such as excavation and grading operations, construction vehicle traffic, and wind blowing over exposed soils would generate exhaust emissions and fugitive PM emissions that affect local air quality at various times during construction.

Effects would be variable depending on the weather, soil conditions, the amount of activity taking place, and the nature of dust control efforts. The dry climate of the area during the summer months creates a high potential for dust generation.

Construction-generated emissions associated with the Proposed Project were calculated using the CARBapproved CalEEMod computer program, which is designed to model emissions for land use development projects, based on typical construction requirements. Attachment A provides more information regarding the construction assumptions, including construction equipment and duration, used in this analysis.

Predicted maximum daily construction-generated emissions for the Proposed Project are summarized in Table 3.1-2 Construction-generated emissions are short-term and of temporary duration, lasting only as long as construction activities occur, but would be considered a significant air quality impact if the volume of pollutants generated exceeds the BCAQMD’s thresholds of significance. 207
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Table 3.1-2. Construction-Related Emissions
Construction Year
Pollutant
ROG NOX CO SO2 PM10 PM2.5
Daily (pounds per day)
Construction Year One 3.75 36.0 34.2 0.1 9.4 5.4
Construction Year Two 5.40 19.7 30.2 0.0 1.6 0.9
Construction Year Three 5.28 18.7 29.7 0.0 1.5 0.9
Construction Year Four 5.20 17.9 29.3 0.0 1.4 0.8
BCAQMD Significance Threshold 137
pounds/day
137
pounds/day - - 80
pounds/day -
Exceed BCAQMD Threshold? No No No No No No
Annual (tons per year)
Construction Year One 0.2 2.3 2.1 0.0 0.3 0.2
Construction Year Two 0.7 2.6 3.8 0.0 0.2 0.1
Construction Year Three 0.7 2.4 3.7 0.0 0.2 0.1
Construction Year Four 0.6 2.1 3.2 0.0 0.2 0.1
BCAQMD Significance Threshold 4.5 4.5 - - - -
Exceed BCAQMD Threshold? No No No No No No
Source: CalEEMod version 2022.1. Refer to Attachment A for Model Data Outputs.

Notes: Emission reduction/credits for construction emissions are applied based on the required implementation of BCAQMD Rule 205. The specific Rule 205 measures applied in CalEEMod include sweeping/cleaning adjacent roadway access areas daily, water exposed surfaces twice daily. Emissions taken of the season, summer or winter, with the highest outputs. Building construction, paving, and painting assumed to occur simultaneously.

As shown in Table 3.1-2, emissions generated during Project construction would not exceed the BCAQMD’s daily or annual thresholds of significance.

Project Operations Criteria Air Quality Emissions
Implementation of the Project would result in long-term operational emissions of criteria air pollutants such as PM10 and O3 precursors such as ROG and NOX. Operational-generated emissions associated with the Proposed Project were calculated using CalEEMod. Predicted maximum annual operational-generated emissions of criteria air pollutants for the Proposed Project are summarized in Table 3.1-3. 208
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Table 3.1-3. Operational-Related Emissions
Emission Source
Pollutant (pounds per day)
ROG NOX CO SO2 PM10 PM2.5
Summer Emissions
Area 8.6 0.1 9.8 0.0 0.0 0.0
Energy 0.0 0.7 0.3 0.0 0.1 0.1
Mobile 6.7 1.5 10.1 0.0 0.0 0.0
Total: 15.3 2.3 20.2 0.0 3.8 0.1
BCAQMD Significance Threshold 25
pounds/day
25 pounds/day - - 80 pounds/day -
Exceed BCAQMD Threshold? No No No No No No
Winter Emissions
Area 7.8 - - - - -
Energy 0.0 0.7 0.3 0.0 0.1 0.1
Mobile 5.5 1.7 15.1 0.0 0.0 0.1
Total: 13.3 2.4 15.4 0.0 0.1 0.2
BCAQMD Significance Threshold 25
pounds/day
25 pounds/day - - 80 pounds/day -
Exceed BCAQMD Threshold? No No No No No No
Notes: Emission projections predominately based on CalEEMod model defaults for Butte County. Average daily vehicle trips provided by KD Anderson & Associates, Inc. (2023).

Source: CalEEMod version 2022.1. Refer to Attachment A for Model Data Outputs.

As shown in Table 3.1-3, daily emissions associated with Project operations would not exceed the BCAQMD significance thresholds.

Mitigation Measures
No mitigation measures are required.
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Impact AIR-3: Construction and/or operation of the Proposed Project could expose sensitive receptors to substantial pollutant concentrations.

Impact Determination: Less than Significant.

Threshold: Exposure of sensitive receptors to substantial pollutant concentrations.

Impact Discussion
As previously described, sensitive receptors are defined as facilities or land uses that include members of the population who are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. CARB has identified the following groups of individuals as the most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis. The nearest sensitive receptors to the Project Site include residences directly adjacent to the northeast corner of the Project Site boundary, fronting 20th Street, approximately 75 feet distant.

Construction-Generated Air Contaminants
Construction-related activities would result in temporary, short-term Proposed Project-generated emissions of DPM, ROG, NOx, CO, and PM10 from the exhaust of off-road, heavy-duty diesel equipment for site preparation (e.g., clearing, grading); soil hauling truck traffic; paving; and other miscellaneous activities. The Butte County portion of the NSVAB is listed as a nonattainment area for the federal O3 standard and is also a nonattainment area for the state standards for O3, PM10, and PM2.5. Thus, existing O3, PM10 and PM2.5 levels in the NSVAB are at unhealthy levels during certain periods. However, as shown in Table 3.1-2 the Project would not exceed the BCAQMD significance thresholds for construction emissions.

The health effects associated with O3 are generally associated with reduced lung function. Because the Project would not involve construction activities that would result in O3 precursor emissions (ROG or NOx) in excess of the BCAQMD thresholds, the Project is not anticipated to substantially contribute to regional O3 concentrations and the associated health impacts.

CO tends to be a localized impact associated with congested intersections. In terms of adverse health effects, CO competes with oxygen, often replacing it in the blood, reducing the blood’s ability to transport oxygen to vital organs. The results of excess CO exposure can include dizziness, fatigue, and impairment of central nervous system functions. The Project would not involve construction activities that would result in CO emissions in excess of the BCAQMD thresholds. Thus, the Project’s CO emissions would not contribute to the health effects associated with this pollutant. 210
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Particulate matter (PM10 and PM2.5) contains microscopic solids or liquid droplets that are so small that they can get deep into the lungs and cause serious health problems. Particulate matter exposure has been linked to a variety of problems, including premature death in people with heart or lung disease, nonfatal heart attacks, irregular heartbeat, aggravated asthma, decreased lung function, and increased respiratory symptoms such as irritation of the airways, coughing, or difficulty breathing. For construction activity, DPM is the primary TAC of concern. PM10 exhaust is considered a surrogate for DPM as all diesel exhaust is considered to be DPM. As with O3 and NOx, the Project would not generate emissions of PM10 or PM2.5 that would exceed the BCAQMD’s thresholds. Accordingly, the Project’s PM10 and PM2.5 emissions are not expected to cause any increase in related regional health effects for these pollutants.

Operational Air Contaminants
Operation of the Proposed Project would not result in the development of any substantial sources of air toxins. There are no stationary sources associated with the operations of the Project; nor would the Project attract additional mobile sources that spend long periods queuing and idling at the site. Onsite Project emissions would not result in significant concentrations of pollutants at nearby sensitive receptors.

The Project would not have a high carcinogenic or non-carcinogenic risk during operation Carbon Monoxide Hot Spots
It has long been recognized that CO exceedances are caused by vehicular emissions, primarily when idling at intersections. Concentrations of CO are a direct function of the number of vehicles, length of delay, and traffic flow conditions. Under certain meteorological conditions, CO concentrations close to congested intersections that experience high levels of traffic and elevated background concentrations may reach unhealthy levels, affecting nearby sensitive receptors. Given the high traffic volume potential, areas of high CO concentrations, or “hot spots,” are typically associated with intersections that are projected to operate at unacceptable levels of service during the peak commute hours. It has long been recognized that CO hotspots are caused by vehicular emissions, primarily when idling at congested intersections.

However, transport of this criteria pollutant is extremely limited, and CO disperses rapidly with distance from the source under normal meteorological conditions. Furthermore, vehicle emissions standards have become increasingly stringent in the last 20 years. Currently, the allowable CO emissions standard in California is a maximum of 3.1 grams/mile for passenger cars (there are requirements for certain vehicles that are more stringent). With the turnover of older vehicles, introduction of cleaner fuels, and implementation of increasingly sophisticated and efficient emissions control technologies, CO concentration in the Sacramento County portion of the SVAB is designated as in attainment. Detailed modeling of Project-specific CO “hot spots” is not necessary and thus this potential impact is addressed qualitatively.

A CO “hot spot” would occur if an exceedance of the state one-hour standard of 20 Parts Per Million (ppm) or the 8-hour standard of 9 ppm were to occur. The analysis prepared for CO attainment in the South Coast Air Quality Management District’s (SCAQMD) 1992 Federal Attainment Plan for Carbon Monoxide in Los Angeles County and a Modeling and Attainment Demonstration prepared by the SCAQMD as part of the 2003 Air Quality Management Plan can be used to demonstrate the potential for CO exceedances of these standards. The SCAQMD is the air pollution control officer for much of Southern 211
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California. The SCAQMD conducted a CO hot spot analysis as part of the 1992 CO Federal Attainment Plan at four busy intersections in Los Angeles County during the peak morning and afternoon time periods.

The intersections evaluated included Long Beach Boulevard and Imperial Highway (Lynwood), Wilshire Boulevard and Veteran Avenue (Westwood), Sunset Boulevard and Highland Avenue (Hollywood), and La Cienega Boulevard and Century Boulevard (Inglewood). The busiest intersection evaluated was at Wilshire Boulevard and Veteran Avenue, which has a traffic volume of approximately 100,000 vehicles per day.

Despite this level of traffic, the CO analysis concluded that there was no violation of CO standards (SCAQMD 1992). In order to establish a more accurate record of baseline CO concentrations affecting the Los Angeles, a CO “hot spot” analysis was conducted in 2003 at the same four busy intersections in Los Angeles at the peak morning and afternoon time periods. This “hot spot” analysis did not predict any violation of CO standards. The highest 1-hour concentration was measured at 4.6 ppm at Wilshire Boulevard and Veteran Avenue and the highest 8-hour concentration was measured at 8.4 ppm at Long Beach Boulevard and Imperial Highway. Thus, there was no violation of CO standards.

Similar considerations are also employed by other air districts when evaluating potential CO concentration impacts. More specifically, the Bay Area Air Quality Management District, the air pollution control officer for the San Francisco Bay Area, concludes that under existing and future vehicle emission rates, a given project would have to increase traffic volumes at a single intersection by more than 44,000 vehicles per hour or 24,000 vehicles per hour where vertical and/or horizontal air does not mix in order to generate a significant CO impact.

The Proposed Project is anticipated to result in 1,622 daily traffic trips (KD Anderson & Associates, Inc. 2023). Thus, the Proposed Project would not generate traffic volumes at any intersection of more than 100,000 vehicles per day (or 44,000 vehicles per day) and there is no likelihood of the Project traffic exceeding CO values.

In summary, Project construction would not result in a potentially significant contribution to regional concentrations of nonattainment pollutants and would not result in a significant contribution to the adverse health impacts associated with those pollutants.

Mitigation Measures
No mitigation measures are required.

Impact AIR-4: Project implementation could result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.

Impact Determination: Less than Significant.

Threshold Result in the release of other emissions (such as those leading to odors) adversely affecting a substantial number of people). 212
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Impact Discussion
Typically, odors are regarded as an annoyance rather than a health hazard. However, manifestations of a person’s reaction to foul odors can range from psychological (e.g., irritation, anger, or anxiety) to physiological (e.g., circulatory and respiratory effects, nausea, vomiting, and headache).

With respect to odors, the human nose is the sole sensing device. The ability to detect odors varies considerably among the population and overall is quite subjective. Some individuals have the ability to smell minute quantities of specific substances; others may not have the same sensitivity but may have sensitivities to odors of other substances. In addition, people may have different reactions to the same odor; in fact, an odor that is offensive to one person (e.g., from a fast-food restaurant) may be perfectly acceptable to another. It is also important to note that an unfamiliar odor is more easily detected and is more likely to cause complaints than a familiar one. This is because of the phenomenon known as odor fatigue, in which a person can become desensitized to almost any odor and recognition only occurs with an alteration in the intensity.

Quality and intensity are two properties present in any odor. The quality of an odor indicates the nature of the smell experience. For instance, if a person describes an odor as flowery or sweet, then the person is describing the quality of the odor. Intensity refers to the strength of the odor. For example, a person may use the word strong to describe the intensity of an odor. Odor intensity depends on the odorant concentration in the air. When an odorous sample is progressively diluted, the odorant concentration decreases. As this occurs, the odor intensity weakens and eventually becomes so low that the detection or recognition of the odor is quite difficult. At some point during dilution, the concentration of the odorant reaches a detection threshold. An odorant concentration below the detection threshold means that the concentration in the air is not detectable by the average human.

During construction, the Proposed Project presents the potential for generation of objectionable odors in the form of diesel exhaust in the immediate vicinity of the site. However, these emissions are short-term in nature and will rapidly dissipate and be diluted by the atmosphere downwind of the emission sources.

Additionally, odors would be localized and generally confined to the construction area. Therefore, construction odors would not adversely affect a substantial number of people to odor emissions.

According to the BCAQMD, land uses commonly considered to be potential sources of obnoxious odorous emissions include wastewater treatment plants, sanitary landfills, composting/green waste facilities, recycling facilities, petroleum refineries, chemical manufacturing plants, painting/coating operations, rendering plants, and food packaging plants. The Proposed Project does not include any uses identified by the BCAQMD as being associated with odors.

Mitigation Measures
No mitigation measures are required.
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3.1.7 Cumulative Impacts
Impact AIR-5: Would implementation of the Proposed Project, in combination with existing, approved, proposed, and reasonably foreseeable development in Butte County, result in a cumulatively considerable air quality impact? Impact Determination: Less Than Cumulatively Considerable Threshold Would Implementation of the proposed project, along with any foreseeable development in the project vicinity, result in cumulative impacts to air quality?
Impact Discussion
By its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size, by itself, to result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s individual emissions exceed its identified significance thresholds, the project would be cumulatively considerable.

Projects that do not exceed significance thresholds would not be considered cumulatively considerable.

As identified in the analysis above, the Project would not exceed significance thresholds or otherwise result in any project-level impact. Thus, the Project is considered less than cumulatively considerable in terms of air quality-related impacts.

Mitigation Measures
No mitigation measures are required.
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3.2 Biological Resources
This section presents an evaluation of potential biological resources impacts associated with the Project.

The section assesses whether construction and operation of the Project would result in significant impacts on terrestrial and aquatic biological resources. The City received one letter concerning biological resources as a part of the NOP for this DEIR. However, this letter, from the California Department of Fish and Wildlife (CDFW), did not include any specific comments about the Project Site, Proposed Project, or the biological analysis provided in the IS. This letter is included in Appendix 1.0-A.2.

This section includes a description of the existing environmental conditions, regulatory setting, an overview of the methods used for assessing impact, impact significance thresholds, and the impacts associated with constructing and operating each of the three Project Alternatives. Where significant impacts are identified, feasible and effective mitigation measures are presented to reduce those impacts to levels considered less than significant.

Resource information presented herein is based on the following technical studies:
 Biological Resources Assessment for the Feather Ranch Project (BRA) (ECORP 2023, Appendix 3.2-A);
 The 20th Street Residential Development Jurisdictional Waters and Wetlands Delineation (Rincon Consultants, Inc. 2021, Appendix 3.2-B).

Note the Project is located within APN 030-230-098-000. For the BRA, the Study Area was defined as the limits of this APN. The Study Area and Project Site represent the same area and are interchangeable in this section of the DEIR.

3.2.1 Environmental Setting

3.2.1.1 Site Characteristics and Land Use
The Study Area is located within gently rolling terrain situated at an elevational range of approximately 190 to 230 feet AMSL in the Sacramento Valley District of the California floristic province. The average winter low temperature in the vicinity of the Study Area is 39.4 degrees Fahrenheit (˚F) and the average summer high temperature is 92.2˚F; average annual precipitation is approximately 31.52 inches (National Oceanic and Atmospheric Administration [NOAA] 2022a).

The Study Area is currently undeveloped and idle rangeland. The vegetation community is a mixture of native and nonnative herbaceous plants. There are no trees or shrubs present. There are no perimeter fences, so this site is not used for livestock grazing but may have been in the past. Undeveloped dirt roads and a disced fire-break path surround the Study Area.

The surrounding lands include residential development to the east, rural residences to the north and south, and undeveloped rangeland to the west.
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3.2.2 Biological Setting

3.2.2.1 Soils
According to the National Resources Conservation Soil Service Web Soil Survey (2022), one soil unit, or type, has been mapped within the Study Area, (603) Oroville-Thermalito-Fernandez-Thompsonflat complex, 0 to 9 percent slopes This soil unit is composed of Oroville, gravelly fine sandy loam, and similar soils (30 percent), Thermalito, sandy loam, and similar soils (25 percent), Fernandez, sandy loam, and similar soils (15 percent), Thompsonflat, fine sandy loam, and similar soils (15 percent), and minor components (15 percent). The Oroville series consists of moderately deep, poorly drained soils that formed in alluvium derived from metamorphic and igneous rocks. These soils are in swales on intermediate terraces. The Thermalito series consists of moderately deep, somewhat poorly drained soils that formed in alluvium derived from metamorphic and igneous rocks. These soils are on mounds on intermediate terraces. The Thompsonflat series consists of very deep, moderately well drained soils that formed in alluvium derived from metamorphic and igneous rocks. These soils are on intermediate and high terraces. The Fernandez series consists of very deep, moderately well drained soils that formed in alluvium derived from metamorphic and igneous rocks. These soils are on intermediate terraces. This soil unit is not derived from serpentinite or other ultramafic parent materials.

Vegetation Communities and Land Cover Types
The entire Study Area is comprised of nonnative annual grassland with scattered isolated seasonal wetland/vernal pool basin. The developed-disturbed land cover type found onsite consists of dirt roads and areas of repeated off-road vehicle use. These areas are largely denuded of any vegetation.

Nonnative Annual Grassland
The majority of the Study Area is comprised of nonnative annual grassland. This community is dominated by a variety of nonnative species such as medusahead grass (Elymus caput-medusae), wild oats (Avena fatua), Italian ryegrass (Festuca perennis), and filaree (Erodium sp.). This vegetation community onsite is not specifically classified in A Manual of California Vegetation (Sawyer et al. 2009) but is similar to some Herbaceous Semi-Natural alliances.

Seasonal Wetland/Vernal Pool
The seasonal wetlands/vernal pools are scattered throughout the Study Area in topographic depressions in the rolling terrain. These depressions collect seasonal runoff and direct rainfall during the wet season and remain inundated or saturated long enough during the growing season to support wetland vegetation, hydric soil, and wetland hydrology. Dominant plant species found in these wetland depressions include slender popcorn flower (Plagiobothrys stipitatus), toad rush (Juncus bufonius), smooth goldfields (Lasthenia glaberrima), and water-starwort (Callitriche marginata). This vegetation community onsite is not specifically classified in A Manual of California Vegetation. These wetlands are discussed in further detail in the Aquatic Resources section.
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3.2.2.2 Aquatic Resources
Rincon Consultants, Inc. prepared the Jurisdictional Waters and Wetlands Delineation for the Study Area dated March 2021. As shown in Figure 3.2-1, Rincon delineated 78 depressional seasonal wetlands totaling 2.62 acres, as listed in Table 3.2-1.

Table 3.2-1. RWQCB Jurisdictional Area
Feature
RWQCB
Jurisdiction
Wetland Acres
Feature
RWQCB
Jurisdiction
Wetland Acres
Feature
RWQCB
Jurisdiction
Wetland Acres
SW1 0.371 SW 27 0.011 SW 53 0.021
SW 2 0.014 SW 28 0.017 SW 54 0.022
SW 3 0.020 SW 29 0.084 SW 55 0.035
SW 4 0.020 SW 30 0.067 SW 56 0.015
SW 5 0.033 SW 31 0.021 SW 57 0.029
SW 6 0.013 SW 32 0.012 SW 58 0.007
SW 7 0.009 SW 33 0.039 SW 59 0.018
SW 8 0.010 SW 34 0.011 SW 60 0.048
SW 9 0.015 SW 35 0.015 SW 61 0.014
SW 10 0.003 SW 36 0.015 SW 62 0.006
SW 11 0.014 SW 37 0.019 SW 63 0.017
SW 12 0.020 SW 38 0.005 SW 64 0.006
SW 13 0.020 SW 39 0.006 SW 65 0.089
SW 14 0.134 SW 40 0.019 SW 66 0.030
SW 15 0.371 SW 41 0.016 SW 67 0.011
SW 16 0.021 SW 42 0.015 SW 68 0.010
SW 17 0.013 SW 43 0.011 SW 69 0.029
SW 18 0.011 SW 44 0.031 SW 70 0.012
SW 19 0.134 SW 45 0.009 SW 71 0.015
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Table 3.2-1. RWQCB Jurisdictional Area
Feature
RWQCB
Jurisdiction
Wetland Acres
Feature
RWQCB
Jurisdiction
Wetland Acres
Feature
RWQCB
Jurisdiction
Wetland Acres
SW 20 0.090 SW 46 0.016 SW 72 0.043
SW 21 0.034 SW 47 0.015 SW 73 0.020
SW 22 0.014 SW 48 0.018 SW 74 0.029
SW 23 0.004 SW 49 0.008 SW 75 0.035
SW 24 0.030 SW 50 0.010 SW 76 0.013
SW 25 0.062 SW 51 0.013 SW 77 0.010
SW 26 0.031 SW 52 0.016 SW 78 0.002
Seasonal Wetlands Total 2.62 acres
Source: Rincon Consultants, Inc. 2021
These wetlands were categorized as seasonal wetlands by Rincon but some could be considered vernal pools by other wetland delineators. The USEPA defines vernal pools as “seasonal depressional wetlands that occur under Mediterranean climate conditions of the West Coast and in glaciated areas of the northeastern and midwestern states. They are covered by shallow water for variable periods from winter to spring but may be completely dry for most of the summer and fall” (USEPA 2022).

At present, there has been no verification or jurisdictional determination of these aquatic resources conducted by the United States Army Corps of Engineers (USACE).

When Rincon prepared the delineation report, the definition of Waters of the U.S. was based on the National Wetlands Protection Rule (NWPR). Under the NWPR, the wetlands onsite would probably not have been considered Waters of the U.S. as stated in the Rincon report. However, the NWPR was vacated and remanded in August 2021. In the current definition of Waters of the U.S. according to the pre-2015 regulatory regime, include the Rapanos Guidance, wetlands adjacent to nonnavigable tributaries that are not relatively permanent would require a significant nexus evaluation to establish federal jurisdiction. The wetlands onsite would require a significant nexus evaluation by the USACE in order to determine jurisdiction.

Regardless of federal jurisdiction, the wetlands delineated onsite would likely be considered Waters of the State under the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (State Water Resources Control Board 2019). 218
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Figure 3.2-1. Aquatic Resources Delineation Map
2022-009/Feather Ranch Project
Source: Rincon Consultants, Inc.
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3.2.2.3 Wildlife Observations
ECORP biologist Keith Kwan conducted a reconnaissance-level field survey for the Study Area on March 1, 2022. Wildlife observed within or flying over the Study Area by during the site reconnaissance includes mourning dove (Zenaida macroura), American crow (Corvus brachyrhynchos), savannah sparrow (Passerculus sandwichensis), Brewer’s blackbird (Euphagus cyanocephalus), and western meadowlark (Sturnella neglecta).

3.2.3 Evaluation of Special-Status Species Identified in the Literature Search The BRA competed for the Project listed all the special-status plant and wildlife species identified in the literature review as potentially occurring within the vicinity of the Study Area. Included in this table are the listing status for each species, a brief habitat description, and an evaluation on the potential for each species to occur within the Study Area. Of these special-status species, 23 plants, three invertebrates, one amphibian, one reptile, and five birds have potential habitat in the Study Area. A list of special-status species potentially affected by the Proposed Project, their general habitat requirements, and an assessment of their potential to occur within the Study Area is provided in Table 3.2-2. A complete list of special-status species known to exist in the region and the results of the database queries are included in Appendix 3.2-A.

Table 3.2-2. Potentially Occurring Special-Status Species Common Name
(Scientific Name)
Status
Habitat
Description
Survey
Period
Potential To
FESA Occur Onsite
CESA/
NPPA Other
Plants
Henderson’s bent grass
(Agrostis hendersonii)
– – 3.2 Vernal pools and
mesic areas in valley
and foothill grasslands
(230’–1,000’).

April–June Potential – there is
suitable habitat
onsite.

Depauperate milk-vetch
(Astragalus
pauperculus)
- - 4.3 Occurs within vernally
mesic and volcanic
soils in chaparral,
cismontane woodland,
and valley and foothill
grasslands
(195’-3,985’)
March-June Low Potential –
There is marginally
suitable habitat
onsite.

Big-scale balsamroot
(Balsamorhiza
macrolepis)
– – 1B.2 Chaparral, cismontane
woodland, and valley
and foothill grassland,
sometimes on
serpentinite soils
(150’–5,100').

March–June Potential – there is
suitable habitat
onsite.
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Table 3.2-2. Potentially Occurring Special-Status Species Common Name
(Scientific Name)
Status
Habitat
Description
Survey
Period
Potential To
FESA Occur Onsite
CESA/
NPPA Other
Valley brodiaea
(Brodiaea rosea ssp.
vallicola)
– – 4.2 Occurs in old alluvial
terraces and silt,
qsandy, or gravelly
soils in vernal pools
and swales within
valley and foothill
grassland (35’–1,100’).

April–May Potential – there is
suitable habitat
onsite.

Butte County
calycadenia
Calycadenia
oppositifolia)
- - 4.2 Occurs on volcanic,
granitic, and
serpentinite areas of
chaparral, cismontane
woodland, lower
montane coniferous
forest, meadows,
seeps and valley and
foothill grassland.
(295’-3,100’)
April - July Low Potential –
There is marginally
suitable habitat
onsite.

Pink creamsacs
(Castilleja rubicundula
var. rubicundula)
– – 1B.2 Serpentinite substrates
in chaparral openings,
cismontane woodland,
meadows and seeps,
and valley and foothill
grassland (65’–2,985’).

April–June Low Potential –
There is marginally
suitable habitat
onsite.

Recurved larkspur
(Delphinium
recurvatum)
– – 1B.2 Chenopod scrub,
cismontane woodland,
and valley and foothill
grasslands (10’–2,592’).

March–June Potential – there is
suitable habitat
onsite.

Hoover’s spurge
(Euphorbia hooveri)
FT – 1B.2 Vernal pools (80’–
820’).

July–
September
Potential – there is
suitable habitat
onsite.

Hogwallow starfish
(Hesperevax caulescens)
– – 4.2 Sometimes alkaline in
mesic areas with clay
soil within valley and
foothill grassland and
shallow vernal pools
(0’–1,655’).

March–June Potential – there is
suitable habitat
onsite.

Ahart’s dwarf rush
(Juncus leiospermus var.
ahartii)
– – 1B.2 Mesic areas in valley
and foothill grassland.

Species has an affinity
for slight disturbance
such as farmed fields
(U.S. Fish and Wildlife
March–May Potential – there is
suitable habitat
onsite.
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Table 3.2-2. Potentially Occurring Special-Status Species Common Name
(Scientific Name)
Status
Habitat
Description
Survey
Period
Potential To
FESA Occur Onsite
CESA/
NPPA Other
Service [USFWS] 2005)
(98’–751’).

Red Bluff dwarf rush
(Juncus leiospermus var.
leiospermus)
– – 1B.1 Vernally mesic areas in
chaparral, cismontane
woodland, meadows
and seeps, valley and
foothill grassland, and
vernal pools
(115’–4,101’).

March–June Potential – there is
suitable habitat
onsite.

Colusa layia
(Layia septentrionalis)
– – 1B.2 Sandy or serpentinite
soils in chaparral,
cismontane woodland,
and valley and foothill
grasslands (328’–
3,593’).

April–May Potential – there is
suitable habitat
onsite.

Bristly leptosiphon
(Leptosiphon acicularis)
– – 4.2 Chaparral, cismontane
woodland, coastal
prairie, valley and
foothill grassland
(180’–4,920’).

April–July Potential – there is
suitable habitat
onsite.

Serpentine leptosiphon
(Leptosiphon ambiguus)
– – 4.2 Usually serpentinite
soils of Cismontane
woodland, coastal
scrub, and valley and
foothill grassland
(395’–3710’).

March–June Low Potential –
There is marginally
suitable habitat
onsite.

Butte County
meadowfoam
(Limnanthes floccosa
ssp. californica)
FE CE 1B.1 Mesic valley and
foothill grassland and
vernal pools (150’–
3,052’).

March–May Potential – there is
suitable habitat
onsite.

Woolly meadowfoam
(Limnanthes floccosa
ssp. floccosa)
– – 4.2 Vernally mesic
chaparral, cismontane
woodland, valley and
foothill grassland, and
vernal pools(197’–
4,380’).

March–May Potential – there is
suitable habitat
onsite.

Sylvan microseris
(Microseris sylvatica)
– – 4.2 Chaparral, cismontane
woodland, Great Basin
scrub, pinyon and
juniper woodland,
valley and foothill
March-June Potential – there is
suitable habitat
onsite.
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Table 3.2-2. Potentially Occurring Special-Status Species Common Name
(Scientific Name)
Status
Habitat
Description
Survey
Period
Potential To
FESA Occur Onsite
CESA/
NPPA Other
grassland; serpentinite
(rarely) (150’-4,920’)
Veiny monardella
(Monardella venosa)
– – 1B.1 Heavy clay soils in
cismontane woodland
and valley and foothill
grasslands (197’–
1,345’).

May–July Low Potential –
there is marginally
suitable habitat
onsite.

Tehama navarretia
(Navarretia heterandra)
– – 4.3 Mesic areas in valley
and foothill grassland
and vernal pools(98’–
3,314’).

April–June Potential – there is
suitable habitat
onsite.

Slender Orcutt grass
(Orcuttia tenuis)
FT CE 1B.1 Vernal pools, often
gravelly (115’–5,774’).

May–
September
Potential – there is
suitable habitat
onsite.

Ahart's paronychia
(Paronychia ahartii)
– – 1B.1 Well-drained rocky
outcrops, often vernal
pool edges, and
volcanic upland
(Hartman and Rabeler
2012) of cismontane
woodland, valley and
foothill grassland, and
vernal pools (98'–
1673').

February–
June
Potential – there is
suitable habitat
onsite.

Butte County golden
clover
(Trifolium jokerstii)
- - 1B.2 Mesic valley and
foothill grassland and
vernal pools (164’-
1,575’)
March–May Potential – there is
suitable habitat
onsite.

Greene’s tuctoria
(Tuctoria greenei)
FE CR 1B.1 Vernal pools (98’–
3,510’).

May–July Potential – there is
suitable habitat
onsite.

Invertebrates
Conservancy fairy
shrimp
(Branchinecta
conservatio)
FE - - Vernal pools/wetlands. NovemberApril
Potential-Suitable
habitat present
onsite.

Vernal pool fairy
shrimp
(Branchinecta lynchi)
FT - - Vernal pools/wetlands. NovemberApril
Potential-Suitable
habitat present
onsite.
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Table 3.2-2. Potentially Occurring Special-Status Species Common Name
(Scientific Name)
Status
Habitat
Description
Survey
Period
Potential To
FESA Occur Onsite
CESA/
NPPA Other
Vernal pool tadpole
shrimp
(Lepidurus packardi)
FE - - Vernal pools/wetlands. NovemberApril
Potential-Suitable
habitat present
onsite.

Amphibians
Western spadefoot
(Spea hammondii)
- - SSC California endemic
species of vernal
pools, swales, wetlands
and adjacent
grasslands throughout
the Central Valley.

March-May Potential-Suitable
habitat is present
onsite.

Reptiles
Blainville’s (“Coast”)
horned lizard
(Phrynosoma blainvillii)
- - SSC Formerly a widespread horned lizard
found in a wide variety
of habitats, often in
lower elevation areas
with sandy washes and
scattered low bushes.

Also occurs in Sierra
Nevada foothills.

Requires open areas
for basking, but with
bushes or grass
clumps for cover,
patches of loamy soil
or sand for burrowing
and an abundance of
ants (Stebbins and
McGinnis 2012).

Apr-Oct Potential-There is
suitable habitat
onsite.

Birds
Northern harrier
(Circus hudsonius)
- - BCC,
SSC
Nests on the ground in
open wetlands, marshy
meadows, wet/lightly
grazed pastures,
(rarely)
freshwater/brackish
marshes, tundra,
grasslands, prairies,
croplands, desert,
shrub-steppe, and
(rarely) riparian
AprilSeptember
Low PotentialThere is marginal
nesting habitat
onsite.
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Table 3.2-2. Potentially Occurring Special-Status Species Common Name
(Scientific Name)
Status
Habitat
Description
Survey
Period
Potential To
FESA Occur Onsite
CESA/
NPPA Other
woodland
communities.

Swainson’s hawk
(Buteo swainsoni)
- CT BCC Nesting occurs in trees
in agricultural, riparian,
oak woodland, scrub,
and urban landscapes.

Forages over
grassland, agricultural
lands, particularly
during
disking/harvesting,
irrigated pastures
March-August Potential-There is
suitable foraging
habitat, but no
nesting habitat
onsite.

Burrowing owl
(Athene cunicularia)
- - BCC,
SSC
Nests in burrows or
burrow surrogates in
open, treeless, areas
within grassland,
steppe, and desert
biomes. Often with
other burrowing
mammals (e.g. prairie
dogs, California
ground squirrels). May
also use human-made
habitat such as
agricultural fields, golf
courses, cemeteries,
roadside, airports,
vacant urban lots, and
fairgrounds.

FebruaryAugust
Potential-There is
suitable habitat.

Loggerhead shrike
(Lanius ludovicianus)
- - SSC Found throughout
California in open
country with short
vegetation, pastures,
old orchards,
grasslands, agricultural
areas, open
woodlands. Not found
in heavily forested
habitats.

March-July Potential-There is
suitable habitat.

Tricolored blackbird
(Agelaius tricolor)
- CT BCC,
SSC
Breeds locally west of
Cascade-Sierra Nevada
and southeastern
deserts from
Humboldt and Shasta
March-August Potential-There is
suitable foraging
habitat, but no
nesting habitat
onsite.
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Table 3.2-2. Potentially Occurring Special-Status Species Common Name
(Scientific Name)
Status
Habitat
Description
Survey
Period
Potential To
FESA Occur Onsite
CESA/
NPPA Other
counties south to San
Bernardino, Riverside
and San Diego
counties. Central
California, Sierra
Nevada foothills and
Central Valley,
Siskiyou, Modoc and
Lassen counties. Nests
colonially in
freshwater marsh,
blackberry bramble,
milk thistle, triticale
fields, weedy (mustard,
mallow) fields, giant
cane, safflower,
stinging nettles,
tamarisk, riparian
scrublands and forests,
fiddleneck, and fava
bean fields.

Source: ECORP 2022
Status Codes:

FESA Federal Endangered Species Act
CESA California Endangered Species Act
FE FESA listed, Endangered.

FT FESA listed, Threatened.

FC Candidate for FESA listing as Threatened or Endangered.

BCC USFWS Bird of Conservation Concern
CR CESA- or NPPA-listed, Rare.

CE CESA or NPPA listed, Endangered.

CT CESA- or NPPA-listed, Threatened.

CFP California Fish and Game Code Fully Protected Species (§ 3511-birds, § 4700-mammals, §5 050- reptiles/amphibians).

CDFW WL CDFW Watch List
SSC CDFW Species of Special Concern (CDFW, updated July 2017). 1B CRPR/Rare or Endangered in California and elsewhere. 2B Plants rare, threatened, or endangered in California but more common elsewhere. 3 CRPR/Plants About Which More Information is Needed – A Review List. 4 CRPR/Plants of Limited Distribution – A Watch List.

0.1 Threat Rank/Seriously threatened in California (over 80% of occurrences threatened / high degree and immediacy of threat)

0.2 Threat Rank/Moderately threatened in California (20-80% occurrences threatened / moderate degree and immediacy of threat)

0.3 Threat Rank/Not very threatened in California (<20% of occurrences threatened / low degree and immediacy of threat or no current threats known)
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3.2.4 Plants
A total of 60 special-status plant species were identified as having the potential to occur in the vicinity of the Study Area based on the literature review (Table 1 of Appendix 3.2-A). Of those, 37 species were determined to be absent from the Study Area due to the lack of suitable habitat or due to the Study Area being outside of the known elevational range for the species. No further discussion of those species is provided in this assessment. A brief description of the remaining 23 species that have the potential or low potential to occur within the Study Area is presented below.

3.2.4.1 Henderson’s Bent Grass
Henderson’s bent grass (Agrostis hendersonii) is not listed pursuant to either the federal or California ESAs but is designated as a California Rare Plant Rank (CRPR) 3.2 species. This species is an herbaceous annual that occurs in vernal pools and in mesic areas in valley and foothill grasslands. Henderson’s bent grass blooms from April through June and is known to occur at elevations between 230 to 1,000 feet AMSL. The current range of this species in California includes Butte, Calaveras, Merced, Napa, Shasta, Tehama, and Tuolumne counties; occurrence in Butte County confirmed, but possible extirpated.

There are no California Natural Diversity Database (CNDDB) occurrences of Henderson’s bent grass within 5 miles of the Study Area. The seasonal wetlands/vernal pools within the Study Area may provide suitable habitat for this species. Henderson’s bent grass has potential to occur within the Study Area.

3.2.4.2 Depauperate Milk-Vetch
Depauperate milk-vetch (Astragalus pauperculus) is not listed pursuant to either the federal or California ESAs but is designated as a CRPR 4.3 species. This species is an herbaceous annual that occurs within vernally mesic and volcanic soils in chaparral, cismontane woodland, and valley and foothill grasslands.

The blooming period for this species is from March through June and is known to occur at elevations 195 to 3,985 feet AMSL. Depauperate milk-vetch is endemic to California; its current range includes Butte, Shasta, and Tehama counties.

There are no CNDDB occurrences of depauperate milk-vetch. The nonnative annual grassland within the Study Area may provide marginally suitable habitat for this species. Depauperate milk-vetch has low potential to occur within the Study Area.

3.2.4.3 Big-Scale Balsamroot
Big-scale balsamroot (Balsamorhiza macrolepis) is not listed pursuant to either the federal or California ESAs but is designated as a CRPR 1B.2 species. This species is an herbaceous perennial that occurs in chaparral, cismontane woodlands, valley and foothill grassland, and sometimes on serpentinite soils. Bigscale balsamroot blooms from March through June and is known to occur at elevations ranging from 150 to 5,100 feet AMSL. Big-scale balsamroot is endemic to California; the current range of this species includes Alameda, Amador, Butte, Colusa, El Dorado, Lake, Mariposa, Napa, Placer, Santa Clara, Shasta, Solano, Sonoma, Tehama, and Tuolumne counties.
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There are no CNDDB occurrences of big-scale balsamroot within 5 miles of the Study Area. The nonnative annual grassland within the Study Area may provide suitable habitat for this species. Big-scale balsamroot has potential to occur within the Study Area.

3.2.4.4 Valley Brodiaea
Valley brodiaea (Brodiaea rosea ssp. vallicola) is not listed pursuant to either the federal or California ESAs but is designated as a CRPR 4.2 species. This species is a bulbiferous perennial herb that occurs in old alluvial terraces and silty, sandy, or gravelly soils in vernal pools, swales, and valley and foothill grassland.

Valley brodiaea blooms from April through May (sometimes June) and is known to occur at elevations ranging from 35 to 1,100 feet AMSL. Valley brodiaea is endemic to California; the current range of this species includes Butte, Calaveras, Nevada, Placer, Sacramento, San Joaquin, Sutter, and Yuba counties.

There are no CNDDB occurrences of Valley brodiaea. However, the seasonal wetlands/vernal pools within the Study Area may provide suitable habitat for this species. Valley brodiaea has potential to occur within the Study Area.

3.2.4.5 Butte County Calycadenia
Butte County calycadenia (Calycadenia oppositifolia) is not listed pursuant to either the federal or California ESAs, but is designated as a CRPR 4.2 species. This species is an herbaceous annual that occurs on volcanic, granitic, and serpentinite areas of chaparral, cismontane woodland, lower montane coniferous forest, meadows, seeps, and valley and foothill grassland. Butte County calycadenia blooms from April through July and is known to occur at elevations ranging from 295 to 3,100 feet AMSL. This species is endemic to California; the current range includes Butte County.

There are no CNDDB occurrences of Butte County calycadenia. However, the nonnative annual grassland within the Study Area may provide marginally suitable habitat for this species. Butte County calycadenia has low potential to occur within the Study Area.

3.2.4.6 Pink Creamsacs
Pink creamsacs (Castilleja rubicundula var. rubicundula) is not listed pursuant to either the federal or California ESAs, but is designated as a CRPR 1B.2 species. This species is a hemiparasitic herbaceous annual that occurs in serpentinite substrates in chaparral (openings), cismontane woodland, meadows and seeps, and valley and foothill grassland. Pink creamsacs blooms from April through June and is known to occur at elevations ranging from 65 to 2,985 feet AMSL. Pink creamsacs is endemic to California; its current range includes Butte, Colusa, Glenn, Lake, Napa, Santa Clara, Shasta, and Yolo counties.

There is one CNDDB occurrence of pink creamsacs within 5 miles of the Study Area. The nonnative annual grassland within the Study Area may provide marginally suitable habitat for this species. Pink creamsacs has low potential to occur within the Study Area.
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3.2.4.7 Recurved Larkspur
Recurved larkspur (Delphinium recurvatum) is not listed pursuant to either the federal or California ESAs, but is designated a CRPR 1B.2 species. This species is an herbaceous perennial that occurs in alkaline substrates in chenopod scrub, cismontane woodland, and valley and foothill grasslands. Recurved larkspur blooms from March through June and is known to occur at elevations ranging from 10 to 2,592 feet AMSL. Recurved larkspur is endemic to California; the current range of this species includes Alameda, Butte, Contra Costa, Colusa, Fresno, Glenn, Kings, Kern, Madera, Merced, Monterey, San Joaquin, San Luis Obispo, Solano, Sutter, and Tulare counties. The species is presumed extirpated from Butte and Colusa counties.

There are no CNDDB occurrences of recurved larkspur within 5 miles of the Study Area. The nonnative annual grassland within the Study Area may provide suitable habitat for this species. Recurved larkspur has potential to occur within the Study Area.

3.2.4.8 Hoover’s Spurge
Hoover’s spurge (Euphorbia hooveri) is listed as threatened pursuant to the federal ESA, not listed as rare pursuant to the California ESA, and is also designated as a CRPR 1B.2 species. This species is an herbaceous annual that occurs in vernal pools. Hoover’s spurge blooms from July through September and is known to occur at elevations ranging from 80 to 820 feet AMSL. Hoover’s spurge is endemic to California; its current range includes Butte, Colusa, Glenn, Merced, Stanislaus, Tehama, and Tulare counties.

There are no CNDDB occurrences of Hoover’s spurge within 5 miles of the Study Area. The seasonal wetlands/vernal pools within the Study Area may provide suitable habitat for this species. Hoover’s spurge has potential to occur within the Study Area.

3.2.4.9 Hogwallow Starfish
Hogwallow starfish (Hesperevax caulescens) is not listed pursuant to either the federal or California ESAs, but is designated as a CRPR 4.2 species. This species is an herbaceous annual that occurs in mesic, clay areas within valley and foothill grassland and shallow vernal pools, sometimes in alkaline areas.

Hogwallow starfish blooms from March through June and is known to occur from 0 to 1,655 feet AMSL.

Hogwallow starfish is endemic to California; the current range of this species includes Alameda, Amador, Butte, Colusa, Contra Costa, Fresno, Glenn, Kern, Mariposa, Merced, Monterey, Sacramento, San Diego, San Joaquin, San Luis Obispo, Solano, Sonoma, Stanislaus, Sutter, Tehama, Tuolumne, Yolo, and Yuba counties; however, it is presumed extirpated in San Diego County.

There are no CNDDB occurrences of hogwallow starfish within 5 miles of the Study Area. The seasonal wetlands/vernal pools within the Study Area may provide suitable habitat for this species. Hogwallow starfish has potential to occur within the Study Area.
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3.2.4.10 Ahart’s Dwarf Rush
Ahart’s dwarf rush (Juncus leiospermus var. ahartii) is not listed pursuant to either the federal or California ESAs, but is designated as a CRPR 1B.2 species. This species is an herbaceous annual that occurs in mesic areas in valley and foothill grasslands. This species also appears to have an affinity for slight disturbance since it has been found on farmed fields and gopher turnings (USFWS 2005). Ahart’s dwarf rush blooms from March through May and is known to occur at elevations ranging from 98 to 751 feet AMSL (USFWS 2005). Ahart’s dwarf rush is endemic to California; the current range of this species includes Butte, Calaveras, Placer, Sacramento, Tehama, and Yuba counties.

There are two CNDDB occurrences of Ahart’s dwarf rush within 5 miles of the Study Area. The seasonal wetlands/vernal pools within the Study Area may provide suitable habitat for this species. Ahart’s dwarf rush has potential to occur within the Study Area.

3.2.4.11 Red Bluff Dwarf Rush
Red Bluff dwarf rush (Juncus leiospermus var. leiospermus) is not listed pursuant to either the federal or California ESAs, but is designated as a CRPR 1B.1 species. This species is an herbaceous annual that occurs in vernally mesic areas in chaparral, cismontane woodland, meadows, seeps, valley and foothill grasslands, and vernal pools. Red Bluff dwarf rush blooms from March through June and is known to occur at elevations ranging from 115 to 4,101 feet AMSL. Red Bluff dwarf rush is endemic to California; the current range of this species includes Butte, Placer, Shasta, and Tehama counties.

There is one CNDDB occurrence of Red Bluff dwarf rush within 5 miles of the Study Area. The seasonal wetlands/vernal pools within the Study Area may provide suitable habitat for this species. Red Bluff dwarf rush has potential to occur within the Study Area.

3.2.4.12 Colusa Layia
Colusa layia (Layia septentrionalis) is not listed pursuant to either the federal or California ESAs, but is designated as a CRPR 1B.2 species. This species is an herbaceous annual that occurs in sandy or serpentinite soils in chaparral, cismontane woodland, and valley and foothill grasslands. Colusa layia blooms from April through May and is known to occur at elevations ranging from 328 to 3,593 feet AMSL.

Colusa layia is endemic to California; the current range of this species includes Butte, Colusa, Glenn, Lake, Mendocino, Napa, Sonoma, Sutter, Tehama, and Yolo counties.

There are no CNDDB occurrences of Colusa layia within 5 miles of the Study Area. The nonnative annual grassland within the Study Area may provide suitable habitat for this species. Colusa layia has potential to occur within the Study Area.

3.2.4.13 Bristly Leptosiphon
Bristly leptosiphon (Leptosiphon acicularis) is not listed pursuant to either the federal or California ESAs, but is designated as a CRPR 4.2 species. This species is an annual herb that occurs in chaparral, cismontane woodland, coastal prairie, and valley and foothill grassland. Bristly leptosiphon blooms from 230
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April through July and is known to occur at elevations ranging from 180 to 4,920 feet AMSL. Bristly leptosiphon is endemic to California; the current range of this species includes Alameda, Butte, Colusa, Humboldt, Kern, Lake, Marin, Mendocino, Napa, Placer, San Benito, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma, and Yuba counties.

There are no CNDDB occurrences of bristly leptosiphon within 5 miles of the Study Area. However, the nonnative annual grassland within the Study Area may provide suitable habitat for this species. Bristly leptosiphon has potential to occur within the Study Area.

3.2.4.14 Serpentine Leptosiphon
Serpentine leptosiphon (Leptosiphon ambiguus) is not listed pursuant to either the federal or California ESAs, but is designated as a CRPR 4.2 species. This species is an herbaceous annual that occurs usually in serpentinite soil within cismontane woodland, coastal scrub, valley and foothill grassland. Serpentine leptosiphon blooms from March through June and is known to occur at elevations ranging from 395 to 3,710 feet AMSL. Serpentine bird’s-beak is endemic to California; its current range includes Alameda, Contra Costa, Merced, San Benito, Santa Clara, Santa Cruz, San Joaquin, San Mateo, and Stanislaus counties.

There are no CNDDB occurrences of serpentine leptosiphon within 5 miles of the Study Area. The nonnative annual grassland within the Study Area may provide marginally suitable habitat for this species.

Serpentine leptosiphon has low potential to occur within the Study Area.

3.2.4.15 Butte County Meadowfoam
Butte County meadowfoam (Limnanthes floccosa ssp. californica) is listed as endangered pursuant to both the federal and California ESAs, and is designated as a CRPR 1B.1 species. Butte County meadowfoam is an herbaceous annual that occurs in vernal pools and mesic areas of valley and foothill grasslands. Butte County meadowfoam blooms from March through May and is known to occur at elevations between 150 to 3,050 feet AMSL. Butte County meadowfoam is endemic to California; the current known range for this species includes Butte County.

There are two CNDDB occurrences of Butte County meadowfoam within 5 miles of the Study Area. The seasonal wetlands/vernal pools within the Study Area may provide suitable habitat for this species. Butte County meadowfoam has potential to occur within the Study Area.

3.2.4.16 Woolly Meadowfoam
Woolly meadowfoam (Limnanthes floccosa ssp. floccosa) is not listed pursuant to either the federal or California ESAs, but is designated as a CRPR 4.2 species. This species is an herbaceous annual that occurs in vernally mesic chaparral, cismontane woodland, valley and foothill grassland, and vernal pools. Woolly meadowfoam blooms from March through May and is known to occur at elevations ranging from 197 to 4,380 feet AMSL. The current known range for this species in California includes Butte, Lake, Lassen, Napa, Shasta, Siskiyou, Tehama, and Trinity counties.
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There are no CNDDB occurrences of woolly meadowfoam within 5 miles of the Study Area. However, the seasonal wetlands/vernal pools within the Study Area may provide suitable habitat for this species. Woolly meadowfoam has potential to occur within the Study Area.

3.2.4.17 Sylvan Microseris
Sylvan microseris (Microseris sylvatica) is not listed pursuant to either the federal or California ESAs, but is designated as a CRPR 4.2 species. This species is an herbaceous perennial that occurs in chaparral, cismontane woodland, Great Basin scrub, pinyon juniper woodland, and valley and foothill grasslands; serpentinite (rarely). Sylvan microseris blooms from March through June and is known to occur at elevations ranging from 150 to 4,920 feet AMSL. Sylvan microseris is endemic to California; its current range includes Alameda, Butte, Contra Costa, Fresno, Kern, Los Angeles, Napa, San Benito, Tulare, and Yolo counties. Occurrence confirmed but possibly extirpated in Los Angeles County.

There are no CNDDB occurrences of Sylvan microseris within 5 miles of the Study Area. However, the nonnative annual grassland within the Study Area may provide suitable habitat for this species. Sylvan microseris has potential to occur within the Study Area.

3.2.4.18 Veiny Monardella
Veiny monardella (Monardella venosa) is not listed pursuant to either the federal or California ESAs, but is designated as a CRPR 1B.1 species. This species is an herbaceous annual that occurs on heavy clay soils in cismontane woodland and valley and foothill grasslands. Veiny monardella blooms from May through July and is known to occur at elevations ranging from 197 to 1,345 feet AMSL. Veiny monardella is endemic to California; the current range of this species includes Butte, Sutter, Tuolumne, and Yuba counties, but is believed to be extirpated from Sutter County.

There are no CNDDB occurrences of veiny monardella within 5 miles of the Study Area. However, the nonnative annual grassland within the Study Area may provide marginally suitable habitat for this species.

Veiny monardella has low potential to occur within the Study Area.

3.2.4.19 Tehama Navarretia
Tehama navarretia (Navarretia heterandra) is not listed pursuant to either the federal or California ESAs, but is designated as a CRPR 4.3 species. This species is an herbaceous annual that occurs in mesic areas in valley and foothill grassland and vernal pools. Tehama navarretia blooms between April and June and is known to occur at elevations ranging from 98 to 3,314 feet AMSL. The current range for Tehama navarretia in California includes Butte, Colusa, Lake, Napa, Shasta, Tehama, Trinity, and Yuba counties.

There are no CNDDB occurrences of Tehama navarretia within 5 miles of the Study Area. The seasonal wetlands/vernal pools within the Study Area may provide suitable habitat for this species. Tehama navarretia has potential to occur within the Study Area. 232
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3.2.4.20 Slender Orcutt Grass
Slender Orcutt grass (Orcuttia tenuis) is listed as threatened pursuant to the federal ESA, is listed as endangered pursuant to the California ESA, and is designated as a CRPR 1B.1 species. This species is an herbaceous annual that occurs in often gravelly soils in vernal pools primarily on substrates of volcanic origin. This species is known to occur in the same type of vernal pool complexes as Sacramento Orcutt grass in Sacramento County; however, these species have not been observed coexisting in the same vernal pool. The median area of pools occupied by populations studied by Stone et al. (1988, as cited in USFWS 2005) was 1.6 acres and ranged from 0.2 to 111.0 acres. Slender Orcutt grass blooms from May through September and is known to occur at elevations ranging from 115 to 5,774 feet AMSL. Slender Orcutt grass is endemic to California; the current range for this species includes Butte, Lake, Lassen, Modoc, Plumas, Sacramento, Shasta, Siskiyou, and Tehama counties.

There are two CNDDB occurrences of slender Orcutt grass within 5 miles of the Study Area. The seasonal wetlands/vernal pools within the Study Area may provide suitable habitat for this species. Slender Orcutt grass has potential to occur within the Study Area.

3.2.4.21 Ahart’s Paronychia
Ahart’s Paronychia (Paronychia ahartii) is not listed as pursuant to either the federal or California ESAs, but is designated as a CRPR 1B.1 species. Ahart’s paronychia is an annual herb that occurs in cismontane woodland, valley foothill and grassland and vernal pools. Ahart’s paronychia blooms at elevations ranging from 98 to 1,673 feet AMSL. Ahart’s paronychia is endemic to California; the current range of this species includes Butte, Shasta, and Tehama counties.

There are two CNDDB occurrences of Ahart’s paronychia within 5 miles of the Study Area. The seasonal wetlands/vernal pools and the nonnative annual grassland within the Study Area may provide suitable habitat for this species. Ahart’s paronychia has potential to occur within the Study Area.

3.2.4.22 Butte County Golden Clover
Butte County golden clover (Trifolium jokerstii) is not listed pursuant to the federal and California ESAs, but is designated as a CRPR 1B.2 species. This species is an herbaceous annual that occurs in vernal pools and mesic areas in valley and foothill grassland. Butte County golden clover blooms between March and May and is known to occur at elevations ranging from 164 to 1,575 feet AMSL. Butte County golden clover is endemic to California; its current range includes Butte County.

There are five CNDDB occurrences of Butte County golden clover within 5 miles of the Study Area. The seasonal wetlands/vernal pools within the Study Area may provide suitable habitat for this species. Butte County golden clover has potential to occur within the Study Area.

3.2.4.23 Greene’s Tuctoria
Greene’s tuctoria (Tuctoria greenei) is listed endangered pursuant to the ESA, is listed as rare pursuant to the California ESA, and is designated as a CRPR 1B.1 species. This species is an herbaceous annual that 233
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occurs in vernal pools. Greene’s tuctoria blooms from May through July and is known to occur at elevations ranging from 98 to 3,510 feet AMSL. Greene’s tuctoria is endemic to California; the current range of this species includes Butte, Fresno, Glenn, Madera, Merced, Modoc, Shasta, San Joaquin, Stanislaus, Tehama, and Tulare counties. It is considered extirpated from Fresno, Madera, San Joaquin, Stanislaus, and Tulare counties.

There are two CNDDB occurrences of Greene’s tuctoria within 5 miles of the Study Area. The seasonal wetlands/vernal pools within the Study Area may provide suitable habitat for this species. Greene’s tuctoria has potential to occur within the Study Area.

3.2.5 Invertebrates
A total of five special-status invertebrate species were identified as having the potential to occur in the vicinity of the Study Area based on the literature review (Table 1 of Appendix 3.2-A). Of those, two species were determined to be absent from the Study Area due to the lack of suitable habitat or due to the Study Area being outside of the known elevational range for the species. No further discussion of those species is provided in this assessment. A brief description of the remaining three special-status invertebrates that have the potential to occur within the Study Area is presented below.

3.2.5.1 Conservancy Fairy Shrimp
The conservancy fairy shrimp (Branchinecta conservatio) is listed as endangered pursuant to the federal Endangered Species Act. This fairy shrimp is endemic to California and is found in grasslands in the northern two thirds of the Central Valley (Eriksen and Belk 1999). The historic distribution of conservancy fairy shrimp is not known, but it likely occurred throughout a large portion of the Central Valley and Southern Coastal regions of California. Until recently, this species has only been known from a few disjunct populations in California, including four clustered populations in the Vina Plains area in Tehama and Butte Counties, Jepson Prairie Preserve in Solano County, the Sacramento National Wildlife Refuge in Glenn County, the Tule Ranch Unit of CDFW’s Yolo Basin Wildlife Area in Yolo County, the Grasslands Ecological Area in Merced County, one location in Stanislaus County, three locations in the Southern Sierra Foothills Vernal Pool Region, and two locations near the Santa Barbara Vernal Pool Region (USFWS 2003, 2006). In April 2007, USFWS reported that a single conservancy fairy shrimp was documented in one vernal pool within the Mariner Conservation Bank in Placer County, near the town of Lincoln, California.

The life cycle of conservancy fairy shrimp is reliant on the ephemeral conditions of its vernal habitat. It inhabits a variety of different landforms and soil types, and is often found in large, turbid pools with low conductivity, total dissolved solids, and alkalinity.

There are no CNDDB occurrences of conservancy fairy shrimp within 5 miles of the Study Area. The seasonal wetlands/vernal pools within the Study Area may provide suitable habitat for this species.

Conservancy fairy shrimp has potential to occur within the Study Area.

3.2.5.2 Vernal Pool Fairy Shrimp
The vernal pool fairy shrimp (Branchinecta lynchi) is listed as threatened pursuant to the federal ESA.

Vernal pool fairy shrimp may occur in seasonal ponds, vernal pools, and swales during the wet season, 234
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which generally occurs from December through May. This species can be found in a variety of pool sizes, ranging from less than 0.001 acre to more than 24.5 acres. The shrimp hatch from cysts when colder water (10°Celsius [°C] [50°F] or less) fills the pool and mature in as few as 18 days, under optimal conditions (Eriksen and Belk 1999). At maturity, mating takes place and cysts are dropped. Vernal pool fairy shrimp occur in disjunct patches dispersed across California’s Central Valley from Shasta to Tulare counties, the central and southern Coast Ranges from northern Solano to Ventura counties, and three areas in Riverside County (USFWS 2003).

There are 12 CNDDB occurrences of vernal pool fairy shrimp within 5 miles of the Study Area. The seasonal wetlands/vernal pools within the Study Area may provide suitable habitat for this species. Vernal pool fairy shrimp has potential to occur within the Study Area.

3.2.5.3 Vernal Pool Tadpole Shrimp
The vernal pool tadpole shrimp (Lepidurus packardi) is listed as endangered pursuant to the federal ESA.

This species inhabits vernal pools containing clear to highly turbid water, ranging in size from 0.001 to

89.0 acres. Vernal pool tadpole shrimp are distinguished from other vernal pool branchiopods discussed in this document by a large, shield-like carapace that covers the anterior half of their body. Cysts hatch during the wet season and the shrimp reach maturity in a few weeks. This species matures slowly and is long-lived, relative to other species. Vernal pool tadpole shrimp will continue to grow as long as the pools they occur in remain inundated, and in some instances can survive for 6 months or longer. The geographic range of vernal pool tadpole shrimp extends from Shasta County to northern Tulare County in California’s Central Valley, and in the central coast range from Solano County to Alameda County.

There are four CNDDB occurrences of vernal pool tadpole shrimp within 5 miles of the Study Area. The seasonal wetlands/vernal pools within the Study Area may provide suitable habitat for this species. Vernal pool tadpole shrimp has potential to occur within the Study Area.

3.2.6 Fish
Four special-status fish species were identified as having potential to occur in the vicinity of the Study Area based on the literature review (Table 1 of Appendix 3.2-A). However, upon further analysis and after the site visit, all four species were considered to be absent from the Study Area due to the lack of suitable habitat and/or because the Study Area is outside of the known geographic range for these species. No further discussion of these species is provided within this assessment.

3.2.7 Amphibians
A total of three special-status amphibians were identified as having the potential to occur in the vicinity of the Study Area based on the literature review (Table 1 of Appendix 3.2-A). Of those, two species were determined to be absent from the Study Area due to the lack of suitable habitat or due to the Study Area being outside of the known elevational range for the species. No further discussion of those species is provided in this assessment. A brief description of the remaining special-status amphibian that has the potential to occur within the Study Area is presented below. 235
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3.2.7.1 Western Spadefoot
The western spadefoot (Spea hammondii) is not listed pursuant to either the California or federal ESAs; however, it is designated as a CDFW Species of Special Concern (SSC). Necessary habitat components of the western spadefoot include loose friable soils in which to burrow in upland habitats and breeding ponds. Breeding sites include temporary rain pools, such as vernal pools and seasonal wetlands, or pools within portions of intermittent drainages (Jennings and Hayes 1994). Spadefoots spend most of their adult life within underground burrows or other suitable refugia, such as rodent burrows. In California, western spadefoot toads are known to occur from the Redding area, Shasta County southward to northwestern Baja California, at elevations below 4,475 feet AMSL.

There is one CNDDB occurrence of western spadefoot within 5 miles of the Study Area. The seasonal wetlands/vernal pools and nonnative annual grassland within the Study Area supports potentially suitable habitat for this species. Western spadefoots have potential to occur in the Study Area.

3.2.8 Reptiles
A total of three special-status reptiles were identified as having the potential to occur in the vicinity of the Study Area based on the literature review (Table 1 of Appendix 3.2-A). Of those, two species were determined to be absent from the Study Area due to the lack of suitable habitat or due to the Study Area being outside of the known elevational range for the species. No further discussion of those species is provided in this assessment. A brief description of the remaining special-status reptile that has the potential to occur within the Study Area is presented below.

3.2.8.1 Blainville’s Horned Lizard
Blainville’s horned lizard (Phrynosoma blainvillii) is considered a CDFW SSC and is a relatively large (to 105 millimeters in snout-vent length), dorsoventrally flattened, rounded lizard found historically from Redding, California, to Baja, Mexico (Jennings and Hayes 1994). This diurnal species can occur within a variety of habitats including scrubland, annual grassland, valley-foothill woodlands and coniferous forests, though it is most common along lowland desert sandy washes and chaparral (Stebbins 2003). In the Central Valley, the species ranges from southern Tehama County southward. In the Sierra Nevada it occurs from Butte County south to Tulare County, and in the Coast Ranges it occurs from Sonoma County south into Baja California (California Department of fish and Game [CDFG] 1988). It occurs from sea level to 8,000 feet AMSL and an isolated population occurs in Siskiyou County.

There are no CNDDB occurrences of Blainville’s horned lizard within 5 miles of the Study Area (CDFW 2022a). However, the nonnative annual grassland within the Study Area may provide suitable habitat for this species. Blainville’s horned lizard has potential to occur onsite.

3.2.9 Birds
A total of 21 special-status bird species were identified as having the potential to occur within the Study Area based on the literature review (Table 1 of Appendix 3.2-A). Of those, 16 species were determined to be absent from the Study Area due to the lack of suitable habitat and/or due to the Study Area being 236
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outside of the known geographic range of the species. No further discussion of those species is provided in this assessment. A brief description of the remaining five species that have the potential to occur within the Study Area is presented below.

3.2.9.1 Northern Harrier
The northern harrier (Circus hudsonius) is not listed pursuant to either the California or federal ESAs; however, it is considered to be a USFWS Bird of Conservation Concern (BCC) and a CDFW SSC. This species is known to nest within the Central Valley, along the Pacific Coast, and in northeastern California.

The northern harrier is a ground-nesting species, and typically nests in emergent wetland/marsh, open grasslands, or savannah communities usually in areas with dense vegetation. Foraging occurs within a variety of open environments such as marshes, agricultural fields, and grasslands. Nesting occurs during April through September.

There is one CNDDB occurrence of northern harrier within 5 miles of the Study Area. The nonnative annual grassland represents marginally suitable nesting habitat for this species. Northern harrier have low potential to occur onsite.

3.2.9.2 Swainson’s Hawk
The Swainson’s hawk (Buteo swainsoni) is listed as a threatened species and are protected pursuant to the California ESA. This species nests in North America (Canada, western U.S., and Mexico) and typically winters from South America north to Mexico. However, a small population has been observed wintering in the Sacramento-San Joaquin River Delta. In California, the nesting season for Swainson’s hawk ranges from mid-March to late August.

Swainson’s hawk nest within tall trees in a variety of wooded communities including riparian, oak woodland, roadside landscape corridors, urban areas, and agricultural areas, among others. Foraging habitat includes open grassland, savannah, low-cover row crop fields, and livestock pastures. In the Central Valley, Swainson’s hawks typically feed on a combination of California vole (Microtus californicus), California ground squirrel (Otospermophilus beecheyi), ring-necked pheasant (Phasianus colchicus), many passerine birds, and grasshoppers (Melanopulus species). Swainson’s hawks are opportunistic foragers and will readily forage in association with agricultural mowing, harvesting, discing, and irrigating (Estep 1989).

The removal of vegetative cover by such farming activities results in more readily available prey items for this species.

The nearest CNDDB occurrence of Swainson’s hawk is located between 5 and 6 miles south of the Study Area. There is no potentially suitable nesting habitat onsite. However, the nonnative annual grassland within the Study Area may provide suitable foraging habitat for this species. Swainson’s hawk has potential to forage onsite.

3.2.9.3 Burrowing Owl
The burrowing owl (Athene cunicularia) is not listed pursuant to either the California or federal ESAs; however, it is designated as a BCC by the USFWS and an SSC by the CDFW. Burrowing owls inhabit dry 237
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open rolling hills, grasslands, desert floors, and open bare ground with gullies and arroyos. They can also inhabit developed areas such as golf courses, cemeteries, roadsides within cities, airports, vacant lots in residential areas, school campuses, and fairgrounds. This species typically uses burrows created by fossorial mammals, most notably the California ground squirrel, but may also use manufactured structures such as concrete culverts or pipes; concrete, asphalt, or wood debris piles; or openings beneath concrete or asphalt pavement. The breeding season typically occurs between February 1 and August 31.

There is one CNDDB occurrence of burrowing owl within 5 miles of the Study Area but none were observed during the site reconnaissance. The nonnative annual grassland within the Study Area may provide suitable habitat for this species. Burrowing owl has potential to occur within the Study Area.

3.2.9.4 Loggerhead Shrike
The loggerhead shrike (Lanius ludovicianus) is not listed pursuant to either the California or federal ESAs; but is considered an SSC by the CDFW. The loggerhead shrike nests throughout California except the northwestern corner, montane forests, and high deserts (Small 1994). The loggerhead shrike nest in small trees and shrubs in open country with short vegetation such as pastures, old orchards, mowed roadsides, cemeteries, golf courses, agricultural fields, riparian areas, and open woodlands (Yosef 2020). The nesting season extends from March through July.

There are no CNDDB occurrences of loggerhead shrike within 5 miles of the Study Area. However, a small shrub along the northern boundary could provide suitable nesting habitat for this species. Loggerhead shrike have potential to occur onsite.

3.2.9.5 Tricolored Blackbird
The tricolored blackbird (Agelaius tricolor) was granted emergency listing for protection under the California ESA in December 2014 but the listing status was not renewed in June 2015. After an extensive status review, the California Fish and Game Commission listed tricolored blackbirds as a threatened species in 2018. In addition, it is currently considered a USFWS BCC and a CDFW SSC. This colonial nesting species is distributed widely throughout the Central Valley, Coast Range, and into Oregon, Washington, Nevada, and Baja California. Tricolored blackbirds nest in colonies that can range from several pairs to several thousand pairs, depending on prey availability, the presence of predators, or level of human disturbance. Tricolored blackbird nesting habitat includes emergent marsh, riparian woodland/scrub, blackberry thickets, densely vegetated agricultural and idle fields (e.g., wheat, triticale, safflower, fava bean fields, thistle, mustard, cane, and fiddleneck), usually with some nearby standing water or ground saturation. They feed mainly on grasshoppers during the breeding season but may also forage upon a variety of other insects, grains, and seeds in open grasslands, wetlands, feedlots, dairies, and agricultural fields. The nesting season is generally from March through August.

There are four CNDDB occurrences of tricolored blackbird within 5 miles of the Study Area but there is no potentially suitable nesting habitat onsite. However, the nonnative annual grassland within the Study Area may provide suitable foraging habitat for this species. Tricolored blackbirds have potential to forage onsite.
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3.2.9.6 Other Protected Birds
In addition to the above-listed special-status birds, all native or naturally occurring birds and their occupied nests/eggs are protected under the California Fish and Game Code and the federal Migratory Bird Treaty Act (MBTA). The Study Area supports potential nesting habitat for a variety of common birds protected under these regulations.

3.2.10 Mammals
Three special-status mammals were identified as having potential to occur in the vicinity of the Study Area based on the literature review (Table 1 of Appendix 3.2-A). However, upon further analysis and after the site visit, all three species are considered to be absent from the Study Area due to the lack of suitable habitat and/or because the Study Area is outside of the known geographic range for these species. No further discussion of these species is provided within this assessment.

3.2.11 Critical Habitat and Essential Fish Habitat
There are no Critical Habitats mapped within the Study Area. The Study Area is not Essential Fish Habitat.

3.2.12 Riparian Habitats and Sensitive Natural Communities There are no riparian habitats present within the Study Area. Five other sensitive natural communities were identified as having potential to occur within the vicinity of the Study Area based on the literature review. These include Northern Hardpan Vernal Pool, Northern Basalt Flow Vernal Pool, Northern Volcanic Mud Flow Vernal Pool, Great Valley Cottonwood Riparian Forest, and Great Valley Willow Scrub. Upon further analysis and site reconnaissance, the seasonal wetlands delineated by Rincon onsite could be categorized as Northern Hardpan Vernal Pool. The seasonal wetlands onsite fit the general description of Northern Hardpan Vernal Pools.

3.2.13 Wildlife Movement/Corridors and Nursery Sites
The Study Area is located in close proximity to residential development and subject to some disturbances from offroad vehicle use. The Study Area does not fall within an Essential Habitat Connectivity area mapped by the CDFW and is not identified as a critical and noncritical winter and summer range, fall holding areas, fawning grounds, or migration corridors for mule deer (Odocoileus hemionus, CDFW 2022b). Therefore, the Study Area is not expected to support critical wildlife movement corridors or potential nursery sites. However, a variety of common bird species were observed within the Study Area during the site reconnaissance and other wildlife species also likely move through the Study Area.

For the purposes of this analysis, nursery sites include but are not limited to concentrations of nest or den sites such as heron rookeries or bat maternity roosts. This data is available through CDFW’s Biogeographic Information and Observation System database or as occurrence records in the CNDDB and is supplemented with the results of the site reconnaissance (CDFW 2022b). No nursery sites have been documented within the Study Area and none were observed during the site reconnaissance. 239
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3.2.14 Regulatory Setting

3.2.14.1 Federal
Federal Endangered Species Act
The federal ESA protects plants and animals that are listed as endangered or threatened by the USFWS and the National Marine Fisheries Service (NMFS). Section 9 of the ESA prohibits the taking of listed wildlife, where take is defined as “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in such conduct” (50 Code of Federal Regulations [CFR] 17.3). For plants, this statute governs removing, possessing, maliciously damaging, or destroying any listed plant on federal land and removing, cutting, digging up, damaging, or destroying any listed plant on non-federal land in knowing violation of state law (16 U.S. Code [USC] 1538). Under Section 7 of the ESA, federal agencies are required to consult with the USFWS if their actions, including permit approvals or funding, could adversely affect a listed (or proposed) species (including plants) or its critical habitat. Section 10 of the ESA provides for issuance of incidental take permits where no other federal actions are necessary provided a habitat conservation plan (HCP) is developed.

Section 7
Section 7 of the ESA mandates that all federal agencies consult with USFWS and/or NMFS to ensure that federal agencies’ actions do not jeopardize the continued existence of a listed species or adversely modify Critical Habitat for listed species. If adverse effects to a species or its Critical Habitat are likely, the applicant must conduct a BA for the purpose of analyzing the potential effects of the project on listed species and critical habitat to establish and justify an effect determination. The federal agency reviews the BA; if it concludes that the project may adversely affect a listed species or its habitat, it prepares a Biological Opinion (BO). Through consultation and the issuance of a BO, the USFWS may issue an incidental take statement allowing take of the species that is incidental to an otherwise authorized activity provided the activity will not jeopardize the continued existence of the species. The BO may recommend reasonable and prudent alternatives to the project to avoid jeopardizing or adversely modifying habitat. If direct and/or indirect effects will occur to Critical Habitat that appreciably diminish the value of Critical Habitat for both the survival and recovery of a species, the adverse modifications will require formal consultation with USFWS or NMFS.

Section 10
When no discretionary action is being taken by a federal agency but a project may result in the take of listed species, an incidental take permit (ITP) under Section 10 of the ESA is necessary. The purpose of the ITP is to authorize the take of federally listed species that may result from an otherwise lawful activity, not to authorize the activities themselves. In order to obtain an ITP under Section 10, an application must be submitted that includes an HCP. In some instances, applicants, USFWS, and/or NMFS may determine that an HCP is necessary or prudent, even if a discretionary federal action will occur. The purpose of the HCP planning process associated with the permit application is to ensure that adequate minimization and mitigation for impacts to listed species and/or their habitat will occur. 240
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Feather River Ranch
Environmental Impact Report
Biological Resources 3.2-27 April 2023
2022-009
Critical Habitat
Critical Habitat is defined in Section 3 of the ESA as:

1. the specific areas within the geographical area occupied by a species, at the time it is listed in accordance with the ESA, on which are found those physical or biological features essential to the conservation of the species and that may require special management considerations or protection; and

2. specific areas outside the geographical area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species.

For inclusion in a Critical Habitat designation, habitat within the geographical area occupied by the species at the time it was listed must first have features that are essential to the conservation of the species. Critical Habitat designations identify, to the extent known and using the best scientific data available, the physical or biological features needed for life processes. Physical and biological features that are essential to the conservation of the species may require special management considerations or protection. These include but are not limited to:
 space for individual and population growth and for normal behavior;  food, water, air, light, minerals, or other nutritional or physiological requirements;  cover or shelter;
 sites for breeding, reproduction, or rearing (or development) of offspring; or  habitats that are protected from disturbance or are representative of the historic, geographical, and ecological distributions of a species.

Migratory Bird Treaty Act
The MBTA implements international treaties between the U.S. and other nations devised to protect migratory birds, any of their parts, eggs, and nests from activities such as hunting, pursuing, capturing, killing, selling, and shipping, unless expressly authorized in the regulations or by permit. As authorized by the MBTA, the USFWS issues permits to qualified applicants for the following types of activities: falconry, raptor propagation, scientific collecting, special purposes (e.g., rehabilitation, education, migratory game bird propagation, and salvage), take of depredating birds, taxidermy, and waterfowl sale and disposal. The regulations governing migratory bird permits can be found in 50 CFR part 13 General Permit Procedures and 50 CFR part 21 Migratory Bird Permits. The State of California has incorporated the protection of birds of prey in Sections 3800, 3513, and 3503.5 of the California Fish and Game Code.

Federal Clean Water Act
The purpose of the federal Clean Water Act (CWA) is to “…restore and maintain the chemical, physical, and biological integrity of the nation’s waters.” Section 404 of the CWA prohibits the discharge of dredged or fill material into Waters of the U.S. without a permit from the USACE. Discharges of fill material is defined as the addition of fill material into Waters of the U.S., including, but not limited to the following:
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