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HomeMy WebLinkAbout77-47B 100 1�( Jtt the 90neral, and speciris pl,�zij a. 110;ve r u► riot 2 to the enactment oC Assembly Hill 1301, the, o was no requirement that the r quiatory ordirlance:3 be 4 consistent with local planning. Therefore, the .5 general, plait remained only an idealistic _statement: 6 of policy which might or might not be carried out:: 7 and was often adopted merely to colnpl,y with state S and ,federal laws. The heal decisions were made in 9 a sometimes arbitrary manner of case;--by--case 10 amendment of zoning ordinances and by the approval 11 of individual zoning variances and subdivision map I 12 applications. 1a "In its 1,971 session, the California 14 Legislature passed Assembly Bill 1301, a bill 15 which was pare of a package formulated by a select 16 Assembly .subcommittee to curb the abuses ;of the 1.7 Subdivision Map Act in rural areas. One of its 18 provisions requires that all zoning ordinances of 19 a' local: government be consistent with its general. 20 or specific plan." 5 Pac.L.J. at pp. 68-69' 21 footnotes omitted. 22 "Although the plan -consistency requirement 231 limits the discretion of local governments in ,the . 241 regulation of subdivisions i nions by prohibiting them , 25 from approving subdivisions which violate 'their 26i general pans, this is a beneficial lhprovision in 27Ii( that it forces local p governments to develo COURTFA - STnNTQACeilrCi[.vtk. �.. '� S I workabl ommulti.r:y pl.ann j.)r ►:l ar1l�or t,n t11 m, 2 Additi.or)al..l.y, the reop ' ,ui.ts 7.rac;7 3 governments fr Lly approving 4 Subdivisions which violate basic principles and 5 policies adopted for the public at large It 6 could also limit corruption on the part of local 7 planning commissions and legislative bodies by 8 requiring them to adhere to a general plan which 9 was formulated and FJopted prior to the submission ., 10 of any individual subdivision applicatl6n." Id., 1 11 at p. 69 12 The correspondence attached as Exhibit A to this 13 memorandum sets forth respondent's request for an extension J n Y 14 of- time pursuant to Government Code section 65302.2. The r ?' 15 extension which was granted expired on September 20, 1975. 0 16 Respondent has failed to request an additional extension or 17 complete its generalplan during the past year:. Th 1 s. 18 failure do comply with state law clearly demonstrates W 19 respondent's total lack of understanding concerning the 20 importance of the P general plan requirements and warrants. the 21 relief requested b the People. Such relief will,ensure q y, 22 pr OM Pt compliance b respondent U P y p nt and avoid further violations zj 25J of state law. L/241 B. The Consistency requirement s y 25A s' the ,above Pacific Law Journal note indicates,, 26the Legislature was specifically aware of the failure of 271 cities and counties to comply with the � p y state planning laws COURoFIA-ER SU TI: Or CA-LIrOOMA SYd ilk iaBv A iii . 6. A 1 requiring the lso OC 4 enernI planS. `h n(! isi,� ti vn 2 solution woo to roquire adopL.ion of: mondiatary ganoral [Rano 3 by a date certain except in the c,15o of cyt eine hardi llip. 4 In addition, the Legislature specifically required that 5 major ;land use decisions be made in a manner consizLent with 6 the general plan. The entire focus oE land use planning was 7 tied to the condition precedent of the adoption of a complete and adequate general, plan. 9 The follow ng sections of 'the Government Code 10 clearly show the legislative scheme which ties all major 11 land use decisions to the general plan: 12 Section 65860: 13 ''(a) County or city zoning ordinances shall be 14 consistent with the general plan of the county or city 15 by January 1, :1974. A zoning ordinance sha.l].. be 16 consistent with a city or county general. pian, only if: 17 i) The city or county has otficially adopted 18 such a plan, and 15' "(ii) The various land uses authorized by the. 20 ordinance are compatible with the objectives, 21 policies, general land uses atad programs specified , 22 in such a plan. 23 241 Section 66473.5, 25 "No local agency shall approve a 'map unless the 26 legislative body shall find' that the proposed' 27 I subdivision, together with the provisions for its COURT PM,4n 1 STATC or CA O r cANtA j ,•.: STO 11� tHCV B.T2t - O$► � - �, _.• - 1. 9n an(-) improvemenL, is con loLerit with the car!nara:l, plan required by ArLiclo S (coiijrtr„nc:;xng with Section 65300) of ChapLcr 3 of ,Division I of 4 this tittle, or any specific plan adapted pursuant 5 to Article 6 (commencing with Section 65450) of 6 Chapter 3 of Division I of thxa title 7 "A proposes, subdivision shall be consistent with a 8 general plan or a specific plan only if the local: 9 agency has officially adopted such a plan and the 10 proposed subdivision or land use is compatible 11 with the objectives, policies, general land uses 19 and programs specified in such a plan,” 13 Section 66474: 14 "A legislative body of a city or county shall: deny 15 approval of a final or tentative map if it makes 16= any of the following findings:. 17 "(a) That the proposed map is not consistent with 18 applicable general and specific plans, 19 "(b) That the design or improvement of the 20 proposed subdivision is not consistent with 21 applicable general and specific plans, t 22 all 23) Respondent does not have a general plan containing 24 ,� the re 65302. The u�.red q elements set for complete in GoVernment Code section 25� I failure to adopt a and adequate plan completely tel subverts the p , •667 : S 26 p y pur ose of sections 65660 27 it and 66474 of the Government Code which were designed to COURT RAPE C� R I } STATC 6 CALIYPN.N A 5To. 113 kKv o ;xr �fit 31 "1 5, 61 7 10 11 121 forc(-s count P.5 111— Butto to make land UP., declicions based' A on complete::,lid a(lcquato gancrol plarioi In the abse0c; of on order or this Court; respondent will continue to make land use decisions in the absence of the general plan requLred by state law. All zoning ordinances and all parcel and sobdivisi.on luip approvals would be subject to challenge and should be set aside. It is a clear abuse of respondent's discretion to attempt to make major land use decisions in the absence of an adopted complete and adequate general plan. C. Findings and Internal Consistency I The People believe that it is unnecessary for tbis • 13 Court'in order to grant the reques d relief to go beyond 14j respondent's fa),Iure to adopt the required general plan 15 elements.. . . The factual and legal questions raised,concerning 16 the methods utilized by respondent in adopting findings, -the b 171 failure to adopt findings addressing all elements of is respondentls�purportedplan, and, the internal 19 inconsistencies of that plan are issues this Court will only 20 have to reach - if it concludes that respondent's general plan 21 can be accepted as a plan whenfour ma,ndatory elements are 22 i, missing. The I People submit this Court may not accept 23: respondent's plan without seriously undercutting the entire 24, foundation for proper land use decisions. 25 The subject of consistency and findings has been 26'faddressed in three opinions by the Attorney General:. 56 2,7: Ops',Cal.Atty.Gen. 404 (1933),t 58 Ops.Cal.Atty.Gen. 21 cousl"r PA PIM 5TAT5 OF CALtraft,41A STD. 113 o;;Cv P-1— 9. --------------- 1975), .-.--.� ..-....—�.+.v...sxs+we�rr .Raaenaetpyi e � . a� 11975), artd Ops cal,lltty.Cen. 129 (916). r'or purposes 2 of this litigation we would ca.11, the Court's attention to 31 the analysis requiring respondent. Eindi.ns to address consistency with each of the general plan elements. 59` 5 Ops.Cal.nt:ty.Gen., at p'. 1,32, 58 OE> .Cal,Atty.Gen. at p, 25. 5 respondent's .Findings aidress only consistency of the 7 Bartram rezoning with the County's land use element. Such a finding fails to satisfy the legislative intent that genera] 9 plans be consistent integrated statements ot;,policy to which 10 major land use decisions would be compared. See Government 11 Code sections 65300, 65300.5, 65660, 6647:3.5, and 66474. 12 The people agree with the City of Chico that the Bartram rezoning is inconsistent with those elements of , 1.4 respondent's plan which have been adopted. Respondent: has 15 S totally failed to address these inconsistencies andb doing V;1 ,V 16 so subverted the entire G ` _ purpose of the general an and plan a the IV 17 consistency requirement. In view of, respondent's failure to 'U 18 adopt the mandatory elements a remand for additional l9- findings would serve no useful purpose. As previously, 20 stated,+ the general plan must be complete before any legally, 21 adequate findings could be made. 22 xlI 20 i REMEDY 2`i The People believe that the most important I 251 question .tore this Court to consider is the appropriate 26; remedy in this action. The City of Chico has only sought ,to 271 enjoin further approvals involvan the g Bartram rezoning COURT PAPER STo 113 +wry asp f� 10 a. peridir'iri pret ration by rO-,7pondent or a ►RL,)Iete argil t. adr� ua r, � N pls n. PC-opl:e have: I broader rallo-f which 3 wr bo;lieve is legally required I;nd Xs a Ort1 t' ..c acal necessity, 41 Pire t, as we have discussed above, the general rt; 5 plan iu a necetisary condition procrdent to the valid 6 adoption of zoning ordinance and subdivision and tract map C 7 approvals. Second, limited county planning staffs cannot: be 8 expected' to revise and amenda general, plan and prepare an 9 environmental impact report at the same time as they process 10 requests for zoning changes and map approvals. 11 This issue normally arises in litigation when 12 I local government recognizes its responsibilities and enacts N` .3 a "freeze" while it completes its planning. In the inst'afit J 14 case the state has mandated respondent to plan. It has 15 failed to do so. This Court is being requested to grant a. 16 remedy to the People which has been judicially approved in 17 other planni contexts. The California Supreme Court in 18 the leading ce,,,e of Miller, v. Board of .Public Works, 195 19 Cal. 417 (1925), set forth the following which is more true. 20 today than it was in 1925: "It is a matter of common, knowledge that a 22 zoning plan of the extent contemplated in the 251 instant case cannot be made in a days Therefore, t 241 vie may take y judicial notice of the fact that it 25 will take much time to work out the details oT + ?6; such a plan and that obviously it would be 27 destructive of the plan, if during the period of V COURT PAPER STATC OF CALWORNIA 'I - =5TO 113 IRFV 4.I21 �I On ^1 ry K j i.to inc '3tioti, pryrtilo oer,,tjn(j to ade the a 2 operation thereof should be perinittvd to enttgr ' 3 upon a course of construction which rni:ght progress $1, so far as to defeat in whole or in part the b ultimate execution of the pian." Miller, sup ra at 6 P. 495. 7 In Flutter V. Adams, 180 Cal.App.2d 51.1 (1960), a 8 city council's passage of a resolution to freeze building 9 permits in the area of a proposed urban renewal area was 10 challenged. In rejecting ;the developer's attack the court 11 explained the basic need for interim controls pending final 12 adopt -ion of a plan such as' respondent's general plan. 1.3 "It is difficult` -'for us to conceivehow an 14 intelligent integrated p1an can be formulated if, 15 while it is under study and planning, the area is 16 in a constant state of flux with new building 17 construction and improvements and the resulting 1a change in property values and appraisals. it {' 19 seems to us that the intelligent approach is that 20 adopted by the council in the form of the 21 resolution adopted here. Its object was to keep S 22 the stratus quo for a little over one year. Such 5 ' 23 an objective is a reasonable one in, view of the 24legitimate objects of the over --all program. The 25 good -faith of t_he council in carrying out the 26 program' has not been challenged." Hunter v. 271 Adams, s_tipra, .180 Cal.App.2d at 520. COURTPFPER — STATC Cr CALW44NIA 12. ear I ITh(-qsl�s are also rloar In r�r':*tinU developers' 2 claims* olr economic hardship dur Ln�f t-lio planniwj prc)cess, 5 The following discussion from I-InAro Rea tt- v CounLy of iii 4 thoraco, 222 Cal .App. 2d 503 51.7--:8 (1963)f is 5 representative: 8 "At; the present time we consider only the 7 tempo: ary consequential hardship which plaintiff 8 will suffer by this stop-gap ordinance, which r 9 holds ons va�an:t-.and-unused � .and5"-i n-status gur > . 10 for the very brief life o>hr grd,inanc�.�. No r �. - l:l T evidence in this case points to any loss impelling 12 us to hold that the limits of. "he police power 13 have been exceeded. 14 "For it is well settled that within those 15 limits same uncompensated hardships must be borne 1.6 by individuals as the price of living in a modern 17 enligil-itened and progressive community. Except four 18 the payment of this inconsiderable price of 19 temporary inconvenience and even hardship, afar 20 greater toll would be exacters not only from the 21 public generally, but particularly' from the class 22 to which plaintiff belongs; the land. developer, in 23 the delays, hindrances and perhaps prevention of - 24 construction of all public betterment projects.." 25 The People submit that the harm, hardship, -arid 26; uncertainty caused by allowing respondent to continue making 27� major land use decisions without an adequate general plan 3OURT PAPKR l sr�Yr be C"LI/ONNI� ry STO 113 14EV. 0.721 13, 0 Oar, l I l Lar 0caed, any adverse a.mpaci� or- t -he roiquao,, trie.1 re].icr- 2 Until respondent adopts a comfp.i.et e and adec3:ui,Lol general, plan 3 no one in 8LIttC County can rely on zoning, and snap approval$, 4 CONCLUSION 5 For, the reasons set Forth above, the People of the 0 State of California rpquost this Court to issue a '7 preliminary injunction preventing the County of Butte from enacting any zoning ordinances and from aiprovng ary tract- 9 or subdivision maps'until such time as the County has 1-0 preparedand adopted ars adequate and complete general plan :1.1 in full compliance with state law. 12 DATED : -�EP 7 # 1976 13 Respectfully submitted, y 14 EVELLE J. YOONGEK, Attorney General of the State of- California 15 LARRY C KING Dep,fty Attorney General_ 1s' 17 �y 18' LARRY' C. KING Attorneys for Intervenor 19 - 20 21 22 2 24 25� 26� 27 �� GOURrPAPER iE zlr*ATi: GK-.CAUIro"NIA _5Y6 113 I 1.4. oar I �f -.01 - Chick (Calif.) Enterprise -Record. Monday, Sept. 27, 1976. Pane P t�'� 1976 AN TN'DF.PE%D;_'1'T NEIVSPAPEP af,iiii?�niA li— Ptblt,hed every evening except. „Sumdac at 74� Broadway, Omco. PJDt15s �ll.r L. Calif. 55925 lay The Enterprise c.: Publt,hin, Co. � ,_ Cil All Pe art 3=its ' .� All Deg=..rfr:ens —`� Of2ce iz Par dice—Phone &Tf-4L5 _-A E. 3 a�cel . Edakr and Pul lmher Ganey Keibsl. Geurµl N.1 -anger Bill Lee. Executive Editor Zoning Sail Developments Threaten Average Citizens of Entire County , The recent rush of ever -widening developments in the zoning suit by the City of Chico against Butte County are making more and more apparent the extreme lengths to which more ` -no -growth" groups will go to force their'selfish will upon the general public_ T What started out last spring as a simple difference of opinion over a piece of property far north of the city limits, has mushroomed in recent weeks into a super -expensive i taxpayer -financed controversy involving numerous levels of government^ countless fax -salaried lawyers aad—worst of all --a shutdown on development and construction` threatening the economic and family well-being of 3 thousands upon thousands of average citizens'throughout the entire county:. The vrigbal issue concerned some 200 acres off The Esplanaot- <n the Shasta Lrni_:_ area north (if Chico. 'Ten years ago, the county hicluded the property in the Shasta Union Drainage District with the promise that develop- ment would be allowed in the area. Since then, the proper t ty owners have been helping pay the more than half million slotiat costs of the drainage district and' waiting for the day when public need for homes would enable proper development. Present population and housing -need cir- cumstances prompted the owners earlier this Sear to seek development zoning approval. In view of their original assurances and their decade of heavy drainage district' } paymerts, they felt the process would be automatic. It hasn't turned out that way. Rather,) with the camp,s-do_-dolCity Planning Com- mission (along -with a similarly -loaded Citizens Advisory- Committee,) seeking to impose -1eirselfish and unrealistic restrictions on ALL property rand often moui.'iing dxtremist enuironntental prmpaganda as a reason). in- timidated oity officials. 3ohied in resolutions and recommendations aimed at forcing county. officials to deny the development zoning of that property far outside the city limits. The county supervisors. however, courageously- said No}" to that city power play. The super isors voted to approve reasonable residential zoning for the property.. That action infuriated the no -growth power -wielders in city officialdom. Frustra:rd iiii their cenfesseed desire tom. "control the destiny arI character of this communitv," beth inside and outside City lirnit_s. they initiated the la v suit :against then cuunty. ri ith pertinent discussions of the purposes and iizancei of the suit taming place in secret meetings behind closeddoors, the city- officials approved the spending of tai moneys that zoomed fro;n St.0ilt1 to6.- ''l over the space of a days to hire a Sacramento lawfirm to handle the caz,e, In commenting on that decision by the city, we predicted. Tri -an E -R editorial that a court battle could indeed be waged by the city's no owth forces, and we said: ;'The legislature has so loaded the lawbooks with tion is apparent in the ottice's aamission tnat some 50 per biz:irre andloosely-drawnstatutes and regulations con- cent of thestate: s counties and rZr per cent of the citi3s are cerning environmental, ecological, demographic,similarly lacking in these `"elements." ethnic and other -such matters_ that a shrewd attornev could bring suit against a mosquito and find a court How did it ha-gen that Butte County bas thus been wiling to consider it and willing to issue'a temporary "singled oat" for`such a harassment action? A folios up restraining order against the vagrant skeeter. news item revealed that a local outfit capitia itself "It is a sor.y commentary on our times that the Safeguard Environmental _Ag.ney tSEPA) "assisted" tete court calendars today are overflowing with frivolous attorney- general's environmental lawyers iu the Chico harassment suits of this type brought by nw>y, arrogant m :iter. Little is known about Safeguard except that it too and. nit --picking individuals and agencies who believe is Chico State oriented, is primarily the in .trurnent o€ a they are somehow endowed with a divine right to rule sharp and tireless activist named Patrice Porgaas, zmd others. This and the class-n^tion Field of lav amount to claims to number a sizable -membership, no evidence of a bonanza far fee -hunting: lawyers_ And in most such which has ever been revealed. It has a tie-in of sorts x th cases. the poor taxpayer unfortunately ends up finan- CANTE on 'the .campus and the campus -oriented Hume En-' cine both sides, and financing the court as well. vironrnenW Council (BEC): "P -it even if the city's outside hired attorney does manage to bring a case against the county -and even if In addition, the news item on Safeguardalsoalso irclude i.a. _ he shouldeventually win it (lots of judges are confirmation by City Councilman Dave :viurrav4' frightened' stiff of environmental activists and campus -based candidate when he ran for office—that he extremists toda ' . the victory for the city would be and other city officials had worked with the AG's en - empty one.. ant b ,sically an unfair one devoid of equ - vironmental branch on the intervention action- ty.Un-'_,r "This is because the city's action—stemming from ordinary circumstances, the attorney generals t intervention might be laughed off as another example of a aggressive finagling by campus -dominated forces of governmental bureaucracy using a 16 -inch caution to kill a the we -know -better category—actually amounts to scvaliaw (as a matter of 'fact, some of ratty_ Con: another attempt taforce city control on people who live outside the city limits_ This is wrong. it w^old put Founger's sanctimonious lip -service rhetoric on the vL- "local ' count*) residents in the oppressed position of being tues of control'' have been hilariously incompatible with the do -2s -we -say action of his office)_ t dominated by city officials and agencies In which they have had no choice of selection. This is contrary to the But the state intervention turns out to be no laughing basic concepts of representative self-government andmatter because it has brought about a total shutdown on demacracyi" pianvin- and zing ptracedures pertains to n ew da4 elui.- Events since= tl'.i1se editorial comments in ,lune nave men) and construction throughout the entire courmy. developed vary much along the pre��':icted tile. The city's -This action dates back, of caursw to a threat voiced w1girai lave suit shortly was joined by a second suit filed ly in the running when spokesmen for the city, voiced an by %P organization calling itself Friends of Butte County_ --or else" warning to county officials that a total county Little is known about the size or membership of this shutdown would be imposed unless the s'=,er*.isers i vjid ort; ipization except that it too stems chiefly from the no- reverse their decision on the 2W -acre zoaing matter. It is growth element at Chico State ( students say some only natural to tie the AG "contacts' mentioned by Coun- professors actually have soughtclrssioom contributions to cilman Murray to'this development. help finance the anti county suit). The seriousness of the situation 1��omes gravely ap- On the heels of that action came initial hearings during' parent when one realizes that the shutdown could prevail which a change of venue to the Colusa Superior Court was for a very long time. Court litigation often iakes months.: ordained (further increasing legal and travel costs for city even y ears. Completion of a county general plan satisfac- and county taxpayers. naturally).z the bargain, costly tory ra the w -hilus of environmentalists in the attorney deposition proceeding have been going ov (and several of . general's office could take months (the city staggered the depositions we have seen thus far revealad:fissions by- none for several. Bears and' spent more than .�1 to City Council members- that spine of the) were conte up with tis recently -adopted general plan., a docu- `astonishingly ig , .ant of the city's so-called sp nreOf in-; ,. trent not viewed too highly to the opinion of mann ncia- fluence ` boundaries in such )natters, were grossly ury campus citizens)_ familia_ wiful, the county plait they charged county officials with violating, didn't know what sort o` zoning earlier or The fact is that developments and construction project current city general plan data recommended for _lie dis- previously authorized are still' :n the process of building in puted pion -city area, and so forth. The shocking depositions the county. But the negative impact of the suit -caused - clearly establish that these members cf the Citi Council shutdown will be felt painfully when current projects are were- operating on an emotional basis 'of preferential completed and no new ones' have bear, authorized. In the p,'ejudice, :rather- than cita rational' basis of factual .:a.*gain, countless citizens already are being hLrt by knowledge). having their planning and zoning regi 16_w -,shelved" and t delayO by the shutdown. The most recent development ra this app. Bing matter occurred a fin tnight ago when a lawyer frown the En_ T,% i,, a partial recapitulation and summary of the past, vironmental Protection Unit of the State Attorney present and future circumstances stemming from tilt" ef- 1 General's office filed papers intervening in the suit on, fortis of the no -growth groups --most of thein campus - behalf of the city. The attorney general's intervention was oriented, as shown above—to force thea; will upon the based—a tie bad _prei'icted—on cont -rations that since the average citizens of the community through pressure U= c- courty general pian lacks some of the state -required: tics and legal acrobatics. The taxpayer cosi of the legal gobbledygook factors (element, for '-seismic sdi ety, actions themselves already are mounting on city, ecam v, noise, safety and scenic highway;.;,• mind vow iter. the and state levels—they undoubtedly will go much higher. ccunty has :been acting illegally. Th--- future ecanorme anL- employment impact could be brutal as could he depressing effect -on tete housing The gimrr�itk aspect of the attorney general's interver- availabil;tyandcostpictures. The leaderstif?t:ena-g owth _ i forces-- most of them permanently secure in they r Nva, liveled comfort—clearly have no concern for the pain hvwu g Inflicted ,on the people by their selfish actions, All that 1s left for the average citizens of the country, it seems, is the hope that at someplace along the lhie a coufageous, common-sense judge will throw up his iriraa'is in disbelief and hand down a summary judgment tossing the case out of court, "Enough! Enough!" might say such a judge, "I've heard enough high-falutin rhetoric from you hordes of tax - fattened lawyers and you campus -based egotists using all th s unrealistic philosophical foduer as a gimmick to forcer YO ur selfish and elitist ideas on your fellowmen, even on those outside your jurisdictions, f'm smart enough to know that much of this gibberish legislation of recentyeurs was adopted by lazy and disinterested state lawmakers merely bending to the pressure of self-interest groups can the tlicoi,y that anybody claiming eovironrnental virtue niust be right and proper. As for you, Mr. Attorney General, you. ought to be ashni„ed of yourself, letting the muscle of your department be applied in this absurd harassment of We hold -working citizens of a community rather than using all the power available to you to do something about the rising critav rate in our state! Now get out of here, all ow you' This court has too much Important business on the c:c,l it dar to waste any more time listening to self-stylvd aristocrats intent upon controlling the lives; c,f othvlz ; ria extortion, This court refuses to be party to your spheming!” Don't hold your breath, but in this land of ours --even in this era of the triumph of gobbledygook and pressure groups ---we can still hope for a judge here and there who will fake the side of the people and protect them from the , shrowd manipulations of the n -better elitists, Let US pray; 1 1. The general plan recognizes and asserts the 2 need to balance pl.ann.ing county -wide in both incorporated ' 3 and unincorporated areas, and to coordinate planning with 4 other public agencies, and the cities within the county, 5 (Paces 1.0, 1:.1., 1.3 .1.4, 5.17, 6.7, 7.2, 7. 3.) ' 6 2. The generalplan provides for the establish- 7 ment of functional relationships between elements, and states that. each component must be considered in �is vela - 9 tionship to all others. (Mages 1. 2, 3. 3.) 10 3, The plan, is designed to preserve a'gricultural. 11 lands and to prevent the parem ,lure development of vacant 12 l.an.d. (Pages 3.7, 5. 0, 5.5, 5-.11, 5.12r 11.3, 1.9.4, 14.5. ) 13 The plan states: "The, provision for more -land for. growth ; 14 than can be absorbed within a reasonable length of time can •, 15 be dangerous, especially in the agricultural areas. There 16 is always a tendency for isolated property to be developed 17 for urban use and, lay- so doing, causes many insuperable 13 problems for the neighbors," The adverse impact of such use 19 of band is then described. (Pages 3.7, 3.0.) Every of fr 20 should be made 5o preserve those areas where conditions a 21 conducive -to sound agricultural. development. (Page 5.11.) 22 "Areas of prime agricultural land should be precisely zoned 23 for agriculture or included in the California Land Con 24 servation Act to protect Agriculturists from the intrusion 25 and development of subdivisions which would be detrimental 26 to Agricultural technology, as well as increased assessment 27 of land because of unwise development of small parcels 28 located too far from urban; centers." (Page 5.12.) The plan 29 sets forth a detailed list of policies and recommendations 30 for preservation of agricultural land, provision for urban 31 growth outward from existing urban arras, and prevention of 32 scattered urban development. (Page 5.12.) -1l- . fit' •d+ � r 1 4. The general, plan states that the amount of 2 commercially zoned land in the County appears to be well in 3 excess of current and expected needs (Page; 5. 2.) It 4 ,further provides that full urban development of only those 5 residential areas now partially developed within the Count} 6 would accommodate anticipated needs to the year 2000, 7 5. The open space element of the general plan e , 8 contains the recommendation that all prime agricultural l.aiid J should, be designated as agricultural on the land use plan 10 map., (Page 14.5. The open, space el.cmeizt then 15r_avi„des 11 that agricultixral zones should allow only open space uses 12 described in the plan and necessary related strut --uses, with 13 minimum parcel sizes of 5 ,to 100 acres. 14 Notwithstanding the objectives and, policies noted ` 15 above, and more particularly described on the referenced 16 pages of the general plan, the County adapted Zoning ordinances 17 rezoning prime agricultural land to commercial and residential 18 uses, in an area outside t)1e urban service area of the City 19 of Chico as most recently defined by the Local. Agency Formation 20 Commission of Butte County; permitting the land to be developed 21 into lots of 8,125 square feet for single and multiple - 22 family dwellings,,professional and business Offices, and 23 comme'rc:ial, uses including retail stores and ,shops, restaurants, 24 offices, hotels, motels, automobile sales, theaters, and 25 other uses. 26 The rezoning of the Bartram properties is not consistent Policies , general land uses and t?rograms 27 with, the "objectives, olives 28 set forth in the �Y general plana and; ;more particularly, the. 29 rezoning is inconsistent with the open space element of the 30 general plan. The land use element is inconsistent with 31 other elements of the general plan in violation of Government 32 Code §65300.5. -1.2- i ".14ri k✓ �r F MdkE.id 4� 1 ,}.r.,,, � DANT►' r5r,,ACKSTOCK CCounseloutCounselU t t : County j IW(i1ini0(:raLi0ti 13uiLc'tj,nJ II C)rov11,1.(", C*,. -Tl o r riiGx 9`a�a a TeJ.QPhOne; (�16) 53-1-4-521 76 �. si " BEFORE VIE DIHI`,CT OIf OF 9 PLANNING AND RESEARCH 1 COUNTY OF BUTTE, ) n y FOR APPLICATI j . L. M3,N S J.. MM OF MME as c 14 The County of Butte hereby requests, Purzsuant to 15 Government Code section 065302.2 that the Director of I � %- the 16 Plann .ng ana RG5--r,.CGh et-a d the ci Ito j - 17 i ,Butte's adoption of the mandatory elements of .ts general la plan uo to and including March '1.5, 1977. The request Lor 19 this extension of time is based,on the extreme hardship that ,. 2O' would result from the continued prosecution oi" actions filed 21 against the County by the City of Chico 'and the People of 22 the State of California in that; the requested judicial 23 remedy would stop the adoption of all zoning changes and the 24 approval o.t subdivision and parcel: maps until adoption of 2-0�. plan. mandatory elcr�ent,� of the general pl 26+ This request sets forth the terms and conditions " r i 2r ► which the 1 County of Butte believes will, insure pro.apt and " •�rx4r�c•s•,r� . i raw ordorly cojnpli,-nc(,, with 'sLat-.e 1,111cl whilo alloyling minor larlel dooirton!' to ho 1; 3 would mitigate arl(I nolilli-QI.-Eare wiLh Ule, 4 necessary planning curt,'onLly'urid orway, The County of, 6juLtQ 5 believes that extreme hlardship will result if it -,11ay not 6 lawfullyi approve minor Subdivisions needed for new housing 7 projects in that high unemployment and a housing shortage 8 presently exist in Butte County. The possibiliLy ex'st,s I I 9 that the SuPeciOc Court would riot allow even Minot pro'ects, 10 to be approved by the County in the absence o1- a complete 11 and adequate, general plan. 12 Extreme uncertainty will result if continued 1. I litigation occurs in Butte county. The County is concerned 14 that the pressures of such litigation and resulting hardship 15 would force it to adopt its -Missing mandatory elemen,-s 16 without the mount' of public participatio anti systematic, 17 interdisciplir ary and ccimgrehen8ive planning effort it wo m I U d 18 otherwise desire which would be contrary to an orderly and 1911 proper planning process. Public interest will be served and 20 hat4shi-O avoidej b7 the granx-in" Of an extersion o= tz;re r 21 the County of )3utt,-- on the following terms and conditions= 22 Condition No. I 23 A. The Couhty'shall devote the equivalent full time 24 effort of members of the Planning department in 25 evaluating and revising the Proposed elemer,ts and 26 complying with other applicable state statutes. 271 8. The County Planning COMIMISsion, or, a subconiii-tee OU'At p.iacii 2. :�t��i x e;ncleavr7r to schedf y pu4, l ic i a to Obtain «^tj%j;nut�: t:icttal rt�a!'t ir.i N � 3 4 ��t:acir t. Xtt GtGfi:;t� II three hour.inq wi.t1, brj hold J.11 t}IFr vK�r,ksit:; b,)o;�ti��yl•.i�i� 5 centers t G r, o Lv tt)e county tao obt ai,rt I)LIblic it1t)ut on t.hc Proposed ci,r_ments and dr,, -jet t nv rontaent a� �.mpc3Gt. report. 7 C. P`OtiOOs of the time and place of such hearingsF3 shall be Publicized iri the appropriate n� � 1 »Wa8 papr:rS e"it1d to all nf:eres Led parties requesting such notice. 10 1ns�ent7� U '., Efforts shall be made to obtain the G�'il.Js �i.s tance 11 of the State office of Noje C ontrol and stratde l2 f pep�tL�t rtGt`t 1 °f Mines and Geology in the 13I preparation of the noir? I�nl Seismic safety elements. The County Should also 4 ' seek the assistance of the state and local F agencies with expert se in the subject matter of the lG ;i Ole ttentr being aOOpted, 17 >>E. The t i etatj]e for adoption of the mi-ssing elements 18 19�C shall attempt to insure maximum disclose re and opportunities for Public input. The County y shall 1 proviue a r i nii, �.t � of 3J Gals for puul: c cnviGw of 21 the Proposed elements and draft environmental impact 22 report before final adoption. I I Condition ond tion No 2 2?� A. 340 zoning ordinances shall be onac4ed unti,Z " 25,� 26 such time as, all mandatory have been a- dopt:ed ,� eletnents ! according to state law with the exception of the r 7 j kolloW .i tick P+rt + _ f KI TO: If Mem orandum dim Dawson, 1) ,Xeotor of planning PROW Bob :raiser, Planner TS suejawn Work ProP;rain for Consultant for Completion of General Plan 'Flement�s ©Ars, October 22, 1976 After detailed review of State guidelines and the ,ex rxtt ng draf+ elements, 7 have some definite ideas concerning the nature Eaw' t, I,Jxx- that should be assigned to a consultant or staff to co:-;lplete the four mandatory general plan elements. P-4--, - All, proposed draft elements must conform closely and comP),'etely to State guidelines. All information and maps must be accur - and reflect the most reliable and up. -to -date data available. Pulfil;lment of contract obligations by a consultant should be determined by County Counsel and the County Plannind3 Director. It appears that l will continue to be the only staff member with significant labor time available for working with a consultant onthis project. 1 am willing and ready to assist a consultant in any way (: can. The only other aszistance we can offer wouldd be duplication, of materials, on our blueprint and xerox machines. All research, map drafting anti typing should bre, handled by the consultant unless specifically agreed otherwise. Draft documents could be printed and bound by the County Print Shop and should be distri- buted by our staff. Preparation of satisfactory draft elements should be completed by the consultant within 30 to 60 days from contract signature. Work activities. will include: contact with federal, state, and local agencies, purchase Of :maps and documents, mapping of hazard areas and noise contours, review Of possiblepolicies and actiors, discussions with County staff, Planning Commission and Board, preparation of draft elements and ElR's for public hearings, and finally, modifying elements per Commission and Board action. The consultant should prepare three separate: documents. The first prepared should be the Safety element, Seismic Safety element, and accompanying Environmental, impact Report. The, Noise element and EIR should be prepared next. The Scenio Highways element and EIR can be prepared last because it requires the least technical work. The'FUR's must meet new State and County review guidelines and should address the economic impacts of policies and regulations. The body of elements should contain only the basic information necessary to consideration of Policies and actions. Other background information and technical data should be briefly summarized, eliminated or placed in appendices or-PIR's. Elements should contain an introduction on the nature of the elements, an appraisal of hazards or problems, a description Of relationships to other elements and planning activt ties, a statement of goals and objectives, a. comprehensive program ofpolicies and actions organized by subject and stated concisely in unambiguous terms. Memo to: Jinn Dawson Page 2 October 22, 1976 To assure the usefulness of data, the consultant shall provide the Plannisoales�cfD2gartm nt with reproducible m la.r masters of all maps at two f p . p my lar 7-5' USG$ topo quads) and 2 miles► (scala of General, Flan 'base map). SEISMIC SAFETY AND "AFETY: Map accurately a:l,l geologic data, activities and hazards. Identify and map related problems of sei,ches and dam failures, inoluding inundation from total 6..:m failure. Map several flood stages of all streams and lakes. Map fire buzards according to .A Fixe Itazard Sovexity Classification System for Califol-rias Vlildlands. Consult ,with County Fire Department on fire hazards and Dr. William Guyton, CS110on seismic hazards. NOISE: Follow guidelines per revisions of this year. Map roise levels of all airports, rail, facilities, state highways) possible transit lines. Provide typical contours for variety of local street and highway situations. Consult with Dr. Fredenburg, CSUC, on noise regulations. SCENIC HIGHWAYS! Provide sign regulations and zoning regulations. Consult, with County Planning and Public Works. 3 4 12 13 • 14 15 17 �Uf1E ��tEM�r ►'l,tR'NVii Cil� AN 1977 AG1C, EMEN C or'0i I.L I X, CAL,,,, 7.`HIS ,AOI "LEIENT, made and entera- d into th:.Ls day of October 1.976, by and between the COUNTY OF BUTTE California, hercina.ftor referred to as the COUNL TY, dad Ch1214 WILL, 1525 Count street, Redding, California, hereinafter referred to as the. T?l,MMER. WITNESSETH THAT tiJ'kMMAS, the COUNTY desires professional planning consulting services in connection with the development of General. Plan Elements and Environmental Impact Reports, and MUEAS, the PL&NNER is qualified and experienced to provide s t ch services, NOW, THEREF01RE, the COUNTY and T'I,,AN►JER agree as follows_: ARTICLE 1: PDAMMER' S SEP,V:I:CT.-',S The PLA, IER shall perform the services as shown in E;-ehib'i.t A of the Agreement. ARTICLE II: FEE For services performed under Article 1 of this Agreement, the PLAMNER shall be compensated on the basis of CH214 HILL, Redding hourly rates prevailing at the time the work is executed times a multiplier as illustrated in Exhibit B, plus direct non: -salary expenses, as defined in this Article, to an amount not to e ticeed 425,000. 21 !� "Salary cost" shall include all of the expenses to the 22 PLANNER for wages and salaries paid to his employees while engaged 23 directly in the work under this .Agreement, including the employer's 4accrual for State and Federal. taxes, and all othtir payroll expenses 2 II wb i c^' •t -ha amnl nunr iq 'A 1 i 2lafir�rl f'n nav nr arnr71a 1 Js a 3 4 12 13 • 14 15 17 �Uf1E ��tEM�r ►'l,tR'NVii Cil� AN 1977 AG1C, EMEN C or'0i I.L I X, CAL,,,, 7.`HIS ,AOI "LEIENT, made and entera- d into th:.Ls day of October 1.976, by and between the COUNTY OF BUTTE California, hercina.ftor referred to as the COUNL TY, dad Ch1214 WILL, 1525 Count street, Redding, California, hereinafter referred to as the. T?l,MMER. WITNESSETH THAT tiJ'kMMAS, the COUNTY desires professional planning consulting services in connection with the development of General. Plan Elements and Environmental Impact Reports, and MUEAS, the PL&NNER is qualified and experienced to provide s t ch services, NOW, THEREF01RE, the COUNTY and T'I,,AN►JER agree as follows_: ARTICLE 1: PDAMMER' S SEP,V:I:CT.-',S The PLA, IER shall perform the services as shown in E;-ehib'i.t A of the Agreement. ARTICLE II: FEE For services performed under Article 1 of this Agreement, the PLAMNER shall be compensated on the basis of CH214 HILL, Redding hourly rates prevailing at the time the work is executed times a multiplier as illustrated in Exhibit B, plus direct non: -salary expenses, as defined in this Article, to an amount not to e ticeed 425,000. 21 !� "Salary cost" shall include all of the expenses to the 22 PLANNER for wages and salaries paid to his employees while engaged 23 directly in the work under this .Agreement, including the employer's 4accrual for State and Federal. taxes, and all othtir payroll expenses 2 II wb i c^' •t -ha amnl nunr iq 'A 1 i 2lafir�rl f'n nav nr arnr71a 1 Js , I VIDirect Ni on. --salary Expense" shall mean call expense ,in,c urrcd 2 by tho PLA�Ti�7;R for materials, supplies, subsistence, transportation 3 outside services, and equ:i.prhe-at rent,-a,l e,xpen.des incurred by PL, NNEM 4 incidental to and reasonably necessarythe '' for'performance of the G work. 6 ARTICLE III: 1'AX`,!L-"NT FOR SERVICES 7 the COUNTY to agrees g • Pay for servicesPerformed by PLA.NNER 8 las she work progresses, based on work actually completed. Invoices 9 shall be submitted by the PLANNER at monthly intervals, Payuden t 10 shall be made monthly on or before the 15th day of the month and 11 shall include ,all invoices received on or before the first day 12 of the month in which payment is made. a 13 ARTICLE IV: C01,1PLETIMM OF SERVICES 14 The PLANER a a ' rees that he will proceed in accordance with a 15 time schedule, to be mutually agreed between the PLA:YNER and the 16 COUNTY. 17 ARTICLE V: TE&MINA IO '' "' .NOF AGREEE4EiVT 18 The COUNTY may terminate this Agreement at any time upon 19 no=tice to the PLS Pte, provided, however, that PLANNER shall be 20 compensated for all work date of t done to the, ermination, computed 21 on the basis of salary cost time., amtxltiplie of �2, ovi.. plus 22 Idirectnon-salary expenses, as defined in Art'clE 11 but . �.n na 23 event more than the maximum set forth in Article II. 2 23 n 23 ' 2. r I All work accomplished prior to any tcz-ination o:C r tai 2 .11gmement shall be given to the COUND TY. COUNTY Or BUTTE By L�111,11f_._ �F G 6 Title 7 Date @-t tvb-e� g APPROVED AS TO PORI 9 10 «i � o- Linty aoun S 6 11 Date: October 1976 12 13 App orarl for fiscal c.arl'rrol, rubjer:E CR2M HILL A. �ut7e a� propr:aAian. 14 Audiiar's 01fice C� BAle 15 16 .; Tit Director of P tnninb 17 Date far- 1976 is - 1J 20 21 G;G 23 24 2 NR 3. SCOPE UV W011I< The P .11yNER will perforM the following tasks-, 2 jw. Prepare scismLc safety, noise) sccn:i.c highways and 3 safety elements of he Butte Cotiaty General Plan in accordance, with 4 State. law and the State, General. Plan Guidelines. 5 2. Prepare anvir'ortmental impact reports for each elemetnt~ 0 in accordance with State. IaW and County guidelines. 7 3. Complete drafts of the above elements and reports by S January 15, 1977 9 4. Attend a -maximum of four public meetings following 10 submission of the draft elements and reps .trs . 11 The consultant: will coordinate his work Nvith the County 12 Planning Department. and other county staff as required, 13 The consultant will. prepare his reports in the form of 14 camera-ready copy for reproduction and distribution by the Country. 15, , 1a 17 18 19 20 21 ' 22 23 2 2 u EXE IBIT �W; 26 I mr, :,to 6. I mr, :,to MEMORANDUM TO; Filo FROM; W. Elosser ' � 1161b DATE; November S, 197E �2 j V111. SUBJECT:: Meeting with Jack. Swing, Senior Noise Control Engineer, Office of Noise Control, State of California PROJECT R10925.A0.12 I met with Swing to discuss the noise element for ;3utte County. Swing said that a memorandum was shortly going to be sent out from the Caltrans laboratory iii Sacramento to.all of the districts telling them that they must prepare CM contours oaae.�th the noise element of general plans. The head man in Sacramento is Mo<,L atano. Since Caltrans is under- c staffed it will probably be some time before these contours I i are available. In the meantime we cat indicate in our noise element that the contours are not available and that the county will do certain things with them when they are available,, Swing would like to have a copy of the Attorney General's opinion on Butte County. Noise'exposere levels: He said it would be nice to have carefully drawri contours a so that one could know exactly how many people are opposed -to various levels of noise. However, they realize that this is difficult or �, impossible to do for many jurisdictions and that it is not really necessary. The statement on noise exposure in the noise clement can be in general terms such as "Xt appears that most people exposed to high levels of noise live along highways and railroads." If some rough calculations of the numbersof people can be made, that would be good, The regulations on noise insulation are in force and have been for over one year. He gave me a copy of the regulations. In cases where residential development ,is projected to occur in noisy areas, a mitigation measure is require higher levels of noise insulation in those dwellings. This is particularly true for apartments, schools, hospitals► etc. There is no prohibition against permitting residential developments to occur in noisy areas as long as the interior noise in the dwellings is adequately mitigated. For highways, a rough rule of thumb is that if the volume doubles the deci-,,l l levels will increase about MB. There is not much that can be done to mitigate these noise levels. At higher speeds most of them are c:.used by Lire noise and in automobile tires they have achieved the state -of -the -.art in noise reduction. The only place left for noise reduction would be with truck tires. He expects that not much will occur of great significance. They are writing a model noise ordinance. The ordinance should be released early next year;. He gave me a draft of • t. the ordinance and indicated the areas that would probably receive the most revis-'ion. We ;can select the sections that are pertinent to Butte County and forget the ones that are not. The noise contours that. we have for Butte County for highways were computed under the method/701,. This gives the maximum r noise that would be expected from trucks. It is a good f �indicator of maximum noise levels and will indicate whether r iod�.. .•.»"':i.i wwiw.r.iv/ Y—•w.w1=«w «,K�.4.i,aw.... ..«•w.. « ,: F• ^.irwa +«'MYi«iiw. '.ti w�i« RNrimmrerbemmeaa®vua.un .—..�.._...�.��- ° .., w... r+i....._w"9�:ri1..,,;'�.5_ ryw.w.....a ..,. .« •..... disruption of sc pools or sleep would be l,i. - y to occur. It in considerably higher than what the CNBb would be The noise sensitive properties: The regulations ae,ine certain types of buildings as bei.nr, noise sensitive and we must consider them as such. We have a free choice as to Whether to designate any other sites as noise sensitive. other possible sates that would be considered would be mobil home parks (they are often in nonresidential areas and have 'poor ;noise insulation), churches (if they have night meetings or schools), or some subdivisions where the people desire great amounts of quietness. A school or hospital or any of these types of structures-. would not necessarily have noise problems if they are adequately insulated and designed. Onsite monitoring of noise at noise sensitive properties is not necessary. We must use our judgment in deciding which ones should he monitorei4 If the 20 -year comprehensive plan indicates that there is likely to be little change in the level of activity in the vicinity of- these properties, then no monitoring is probably necessary,. However, if future changes are likely to occur, the monitoring should be done in order to define a base lane condition,. Of primary importance is to identify these noise sensitive properties and make .sure that the conditions do not get considerably worse around them in the future. The monitoring is only needed in areas outside the 60`dBA contour. The count' q n oise elementt needs to consider only the unincorporate d` part of the county. Most of the county noise elements are done this way and Swing feels this is satisfactory. Vie do not need to consider noise within the city limits; this. is assumed to be considered by the city's noise element. For the Western Pacific railyard in oroville, it may be easier to do onsite monitoring then to try to compute the } noise contours using the method'in the Wiley ,book (Swing i i +.r.::y-.`C'w�+Y n l/nVY"fM.r�'IFMrw++Vh6 r4V.• ,. w.+as. .Y MCIM•"".+1+wY "H"Mhh'.•r�:rn..!wreh wi . . ;..r _f. k MEMORANDUM liy P, F. T0; Fide FROM; W. 13, Landrum DATE: 29 November 197E SUBJECT: Telephone Conversation with Jack Swing, Senior Noise Control Engineer, State of California PROJEM; Butte County Noise Element, R -10425,A0,12 On 211 November 1076, 1 discussed with Jack the method we were using to develop noise contours for the county, I stated that we were only considering roads and highways with traffic greater than or equal to 5, 000 AD*r. , and rest homes with more than 111 residents, Jack indicated that 5, 000 ADT was a low number for significant noise generation but was a good cutoff point., and that the rest home limitation was reasonable. Noise estimations for low- volume hl,ohways are not as exact; it was therefore suggested that single event exposures be mentioned, It was agreed that it was only necessary to monitor a few specific noise sensitive areas where development in the future might produce noise problems; however, noise readings should also be takers to indicate current, background levels at various places in the county; 9 mentioned to Jack that we were taking measurements at the Oroville switching yard because we felt the modeling technique wouldnot take into account the maintenance facilities that were contiguous to the switching area Jack felt that this was a good approach. 1 related that we would' request noise contours from Caltrans and in the meantime I would obtain traffic figures from them and develop contours using a methodology supplied by Swing which estimates noise levels for those typical State highway sections where the methodology can be applied, ,r. city of Oroville Page 2 We are unable to acquire the noise contours for the Oroville Municipal Airport from Lampman 4nkjineera„ng Associates, La;mpman has moved its offices and discarded many of its tiles, Most of the people who worked on the Oroville Plan have left the company. Those still with .the company do not have -the necessary data to develop the contours, Will you please see what can be done about acquiring this data for without it we will not be able to satisfactorily complete our No.i,se Element: We are severely limited in time because of our agreement with the office of the Attorney General so your prompt action will be greatly appreciated. Sincerely, James Lawson Planning Director Jq D'60 LU � DRAFT a Iv (date) Department of Transportation State of California District 3 703 B Street P.O; Box 911 Marysville, California 95901; Attention: Mr, McMillan Gentlemen; Butte County is preparing the Noise Element of the County General Plan. Government Code, Section 65302 (g), as amended by Senate Bill 860 (effective 1 January 1976),, requires than 1. "The sources of environmental noise considered in this [noise3 analysis shall include, but are not limited to, the following: a; Highways and freeways.!' 2,; "The noise exposure information„shall be presented in terms of noise contours expressed in community noise equivalent level (CNEL) or day -night average level (Ldn) 3, "The contours shall be shown in minimum increments of 5 d13 and shall continue down to 60 dB 4,. "The state, local, or private agency responsible for the construction, maintenance, or operation of those transportation, industrial or other commerical facilities specified in paragraph 2 of this subdivision [1. ;above] shall provide to the local agency producing - the general plan, specific data relating to current and projected levels of activity, and a detailed methodology for the development of noise contours given this supplied data, or they shall provide noise contours as specified in the foregoing statements.'' We are hereby requesting the required noise information for State Highways 32, 70, 99, 149, 162;0191 within Butte County. Sincerely, bgtNMee James Lawson Planning Director December 8, 1976 .� Rough draf, f Fire Protection Require tom; VW d r F County of Butte, Sub -division Ordinance & 8tandards #974, Resolution Establishing Standards for Urban, Rural Commer- cial and Private Subdivisions, page 19 C. FIRE STANDARDS. 1. Application. a. For tentative subdivisions and tentative land divisions within a Fire district oraublic mutual locally p � y formed or pri- vate water service jurisdiction having water capable of ado- quately supplying fire hydrants.: 2. Requirements o J a. Fire flow.Mini Land Use mum va u Flora 1. Rural:, residential with a lot den- 500 GPM 410 800, sity of two or less per acre pri- marily for recreational and retire- ment use. 2. Lot density of less than one single 500 GPM 411 800, i family residential unit per acre. 3. Lot density of one or two or three 750 GPM 4" 500, single-family residential units per acre. _ -4. Lot density of four or more single 1,000 GPM 6,r SOp, family residential units per acre. 5. Duplex residential units, neighbor 1,500 GPM 6" 500, hood business of one story. 6. Multiple residential., one and two 2,000 GPM�! 6 300 stories; light commercial or light industrial. 7. Multiple residential, three stories 2,500 GPM 6" 300' or higher; heavy commercial or heavy, Indus",vial o b. Duration. The minimum fire flow requirements detailed in 2a above shall be sustained for a period of at least two hours. Minimum fire flow requirements are in addition to the area averagedaily demand. c. Pressure. The water utility shall maintain normal. operating ,pressures of not less than 40 p.s.i.g. nor more than 125 P-s-i-ge at the service connection, except that during per- iods of _hourly maximum demand, the pressureatthe time of peak seasonal loads may be not less than 30 p.s.i.g. d. Main size. The distribution system shall be of adequate size, and so designed in conjunction with related facilities to maintain the minimum Ei flow,and ressure r ired. 1n no even , owever, s oulfd ue minimum pipe size �� new mains be less than six inches in. diameter. Spacing. X -n no case shall fire hydrloali spacing be more than 800 ;feet :from hydrant to hydrant.. ;f. Location. Firo hydrants shall be attached to the distribu- tion system at locations designated by responsible fire pro - taction agency. g. Materials and hydrants. Six. -inch fire hydrants shall be A W.W,A, approved with one 4�" and one 0-21-1 WSJ' connections. Four -cinch fire hydrants shall be &.W.W.A. approved with one 2�," NST connection. All fire hydranto in altitudes of 2,500 :Deet or more shall be dry barrel-ttype. Each hydrant shall be fitted. with a properly sized inlet T: bury and gate valve., Each hydrant gate valve shall be supplied with ,a: -i 8" valve box with metal cover, set to finish grade installed to allow operation of gate valve. All hydrants, valves, fittings, pipe,and installation shall be approved by responsible fire protection agency. h. Construction. Fire hydrants shall be installed in accordance with Butte County Public Works standards S-21 and S-2,2 (appendix ( ), and the local utility. I Shut-off Valves. The distribution system shall be equipped with a sufficient number of valves so located that no sin- gle case of accident, breakage or repair to hydrants or distribution will necessitate the shutdown of pipe length greater than 1300 feet., 3. Land Divisions; four parcels or less. 1 Requirements Property owner and/or developer shall be responsible to provide fire hydrants and water mains, to the most distant' parcel of 10 acres or less, in accordance with requirements of paragraph, 2 above. When topography or easement conditions preclude additional land divisions, fire hydrant may be installed at the dis- tance indicated in paragraph 2-a above from the most dis- tant parcel. 4,. Land Use Changes. Property owner and./or developer shall be responsible to improve fire protection to meet the requirements of para- graph 2 above. r2- ; i—1FRd4AAWPRMIPIIP'Au.41AIP1'D®IY1�IY'Mne..,..,. _. ,. ' ' . %a rj December 14, 1976 Department of Transportation - State of California, District 'S 703 l Street P 0 i3ax 911 Marysville, CA 9.590 Attention: Mr . McMillan Gentlemen Butte County is preparing the Noise Element of the County Gone -al Plan, Government Code, Section, 653112 (g) , ,as amended by Senati, Bill. 860 (e;ffactive 1 January 1076), requires that: 1. ',The sources of environmental noise considered in this [noise) _analysis shall include, but are not limited to, the following i ,Hi ghwa s and freeways , r► 2. 'The: noise exposure information shall be presented .'The germs of noise contours expressed in community noise equivalent level ;(CNEL) or day -night average !eve1 (Lcid . of S. "The contours shall be shown its minimum increments of 5 dB and shall continues doim to 60 dB.11 Q • "The state, local, or privvte agency responsible for the: construction, maint,(nance, or operation of those. transportation, iatdustri.al or other comme'r,cial facilities specified in pa.ra,gva.ph 2 of this subdi.visi.ory (1, above shall provide to the local agoncy producing the general plan, specific data relating 'to current awl proj e c* ,gellevels of activity and a detailed methodol.og,r for the development of noise contours ,given this supplied dal;,., or they shall provide noise contours as specified in the+ foregoing sta.tements.,r City of Orovillo Page 2Decemhnr 14 1976 We are unable to ac -quire tilts nOise contours for the OroVJ1.16 Municipal, Airport from Lampinan Pn,gi)loering Associates. Lampman has mov0d its Office$ and discarded many or its files. Uost of - the I)OO Flo Who worI-acl on the Orovil to Plan III" xeft the company. Those still with the crwnpany do not have thO Ilacessavy data to develop the contours t Will.you please SOO what can he chile about aaqu�.ring tha;s data, fox` it}'Out it we Will not be able to satisfactorily ooh pl,ete our Noise Blement? We are Severely limited in time b0c4uscz of our agreement wit)' the office at the Attorney Coneral,, so your prompt action will bo greatly approciatod. Sincerely, LJL ma Lawrence J. Z,awson Director of Pl.annin, V Section IV FIRE HAZARD SUB -ELEMENT CONTENTS Title Pa e A. INTRODUCTION 1 , State Mandate SSC 1. 2 Objective 3. Planning_ Relationships Z a. Land Use Element Lt� b. Conservation and Open Space Elements 'M "Z• c Housing Element d, Circulation Element M. -�"5 B. EXISTING CONDITIONS a 1 . Method of investigation 2. Findings a . Hazards b. Fire'Protection Services C. Fire Protection Effectiveness tp C. ACTION PROGRAM TZ ~Irk 1 ♦ Policies 2: Implementation D. ENVIRONMENTAL IMPACTS IL 2 Ada n ►ri ,, C-000- -�;,, •r is''�° i-%,}+r+'t1?it'f'--�O�/�i"AIt-c� 'fin �U1Qt� [ Section IV r FIM: I•IA7ARD SUB-ELEMENT _i "i A INTRODUCTION 'a 1 . State Mandate fug Government Code, Section 65362.1 requires that the Safety Element of all city and county general plans include a Fire Hazard sub-element; "A safety element for the protection of the community from fires and geologic hazards including features necessary for such protection as evacuation rotates, peak load water supply requirements, minimum a road widths, clearances around structures, and geologic hazard mapping in areas of known geologic hazard." 9 2. Objective c The objective of this sub--element is to reduce the loss of life, injury, property damage, destruction of natural 'resources,, and socio-economic disorder which may result from fires in the unincorporated areas of 'Butte County. 3. Planning Relationships The immediate impacts of a fire include loss of valuable timber and destruction of homes and other structures and property. There may also be injury o.r loss of life. Secondary impacts include a reduction in recreational value of the land (with associated economic impacts) and erosion. Erosion results in siltation of lakes and rivers, increased flooding potential, a reduction in water quality, and a reduction in desirable fish populations, A, nr."' A signIrIcanL hazard to life and structuress from wildland,firo, docs not exist anti I a inti I d I and area Is developed . So, not only does Introduction or human activities into wildlands Increase the occurrence al' Piro, but It also increases the necessity for rapid suppression of those fire,,, The numerous programs designed to reduce fire losses Include both structural and non-structural approaches. Structural measures Include the clearance of brush around structures, construction of development areas, both residential and commercial, clearance around roadways, and building spacing, Wildland firo zoning, subdivision regulations, grading ordinances, and land acquisition are examples of wildland fire management. or non-structural measures. Those General Plan elements directly related with the Fire Hazard sub - element are the Land Use Element, the Conservation and Open Space Elements, the Housing Element, the Circulation Element, and certain sections of the Geologic Hazard sub -element. a. Land Use Element The Fire Hazard sub -element contributes to the development of standards and polilcles, regulating the type, location, and Intensity of sand use in relation to the hazards of wildland fires. The sub -element can identify the need for open space near urbanized areas for use as recreation facilities, agricultural land, and wildland preserves. Land use controls can also prohibit some types of activities: structures of human occupancy, storage of combustible materials, and developments that may obstruct and endanger life and property. b. Conservation and Open Space Elements Fire protection is a means of preserving our natural timber resources and watersheds for open space for recreation, agricultural uses,, and wildlife preserves.. All structures of human occupancy are prohibited in open space areas. r. Housing 'Mement ` Hazardous areas restrict the types and density of constrwuetion, d, Circulation Element I The use of roads for evacuation and emergency equipment routes necessitates that the road system be kept clear of obstacles and other hazards, B. EXISTING CONDITIONS 1, Method of investigation Information on existing fire protection services, responsibilities, and effectiveness was taken from the Butte County Local Agency Formation Commission (LAFCO) report, Fire Protection in the Unincorporated Areas of Butte Count , (July 1975) r Areas of varying fir -e hazard severity were identified according to the State ;Division of Forestry procedure described in the April 1973 report, A Fire Hazard Severity Classification System for California's Wildl'ands, The procedure allows delineation of areas of moderate, high, or extreme fire hazard based on natural factors in wildiand areas (mostly those undeveloped areas in the mountainous east half of the County). According to the Division of Forestry report, vegetation, weather, and ground slope are the most significant factors which determine the intensity of a fire and the severity of the hazard. The type of vegetation, its density, and its condition (moisture content, size, etc.) largely determine fire intensity and rate of spread. Conditions contributing to`a high intensity fire include a high density, low moisture content, and a high proportion of large-sized wood. Critical weather factors include wind, temperature, relative humidity, and precipitations Wind has the greatest effect on the rat, of fire spread. Ground slope influences the rate of fire spread and ,. J Impedes miinls efforts to control the fire. Generally fires'burn rnore rapidly LIP.SlOpe than downslope, find the rate of spread Incretises with an Increaso in slope. Steep slopes also restrict accessibility, Increase travel time to fires, and limit the type or equipment that can be used to control the fire, I The Division of Forestry procedure illustrated In Figure IV -1 divides fuel (vegetation) , weather, and slope Into three classes. Each clasg Is assigned a severity factor. Multi -plying the severity factors In matrix form results in a range of values from 1 (light grass, mildest weather, 0-110 percent slope) to 256 (heavy woods, most severe weather, over 61 percent slope) , These values are divided into three fire hazard classes - moderate, high, and extreme. As stated in the Division of Forestry report, "The resulting class designation is logical in relation to expected fire behavior and potential fire damages. Three classes were also a practical number from the standpoint of specifying different conditions under which land use and development should take place in the wildlands. Figure W -1i FIRE HAZARD SEVERITY SCALE* MODERATE HAZARD HIGH HAZA R I D =1 EXTREME HAZARD *Severity Factor 'Values Are Shown In Parentheses 4. �-111="XFMkm.V 'Wi CRITICAL FIRE WEATHER FREQUENCY I IIIII (2) (8) SLOPE SLOPE % SLOPE (FUEL LOADING 0-40 (1) 41-60 (1.6) 614- 1, 0-40 111"60 61+ 0-40 '41w60 61+ (1) (1.6) (2.0) Light (Grass) (1) 1 1.6 2 2 3.2 4 8 12,8 16� 61.4 102.4 128 204,8 '1256 Medium (Scrub) (8) 8 12.8 —167-) (-16--) 25,6 32 —32 51 2" Heavy (Woods -Brushwood) (161 16 2S, 6 3Y MODERATE HAZARD HIGH HAZA R I D =1 EXTREME HAZARD *Severity Factor 'Values Are Shown In Parentheses 4. �-111="XFMkm.V 'Wi M Findings a , {"ic�7.clrC.is The Bunte County fire hazard danger has dramatically increased In recent o years. With the growth of population, t1ge increased affluence anc,Ileis+ure time, there has been an increase In the number of people both residing and recreating in the wildlands. Many homes, cabins, camps, resorts, businesses, and other urban types of useshave located in high fire hazard areas. Increasing urban expansion into the wildlands of Butte County in the last 20 years has increased the problems of protecting life and property; From 1955 to 1975, the permanent population of the mountain -foothill area of Butte County more than doubled. Summar and weekend visitors have also increased significantly. -�w The development of Oroville Dam has been accompanied by land use pressures and the intrusion of urban -type development into adjacent wiidland areas; t The increasing demand for recreation places great numbers of people In the Lake Oroville wildland area, especially during holidays, weekends, and vacations. There is also some increase of urban -type -land uses in the watershed areas along mountain slopes and within canyons - areas of increasing hazard and difficult fire control. Fire occurrences are more frequent in the valley than in the mountainous areas. As shown in Table IV -1, between 1969 and 1973,,an°average of 650 fires per year occurred in the Local. Zone (valley) compared to 410 in the State Zone (foothill* . The greatest proportion of the Local Zone fires - So percent - were grass fires. Most Local Zone fires occur in the more populated areas ofChico, Durham, Richvale, Biggs, Gridley, and Oroville and along; the main roads connecting these communities. Table IV BUTTE COUNTY REPORTED FIRE INCiDENCE'S, 1969-1973 y LOCAL ZONE FIRES Veaetatlon Structural Vehicular Improvement Refuse Total' 1969. 241 93 75 1111 100 5'G1 1970 245 103 50 50 108 551 1971 3113 155 73 30 49 650 1972 385 138 94 38 45 70 1973 429 153 96 60 4455 _78 0 Totals 1,643 642 388 222 350 3,245 Average 329 128 78 44 70 6119 STATE ZONE FIRES Equip. Play Elect. Lightning Cam fire Smoking Debris Arsoh Use Railroad W/Fire Power Misr„ Undet. `T'otaI { ' 1969. 63 5 28 - 17 59 31 n.dfa. n.d,a. n.d.a. 39 n,d,a, 242 1970 16 9 85 396 113 45 n.d.a. n.d.a. n.d.a. 325 n,d.a, 989 1971 5 7 46 27 62 35 21 33 8 30 30 294 1972 8 7 20 23 36 10 5 26 7 22 33 206 1973 12 6 29 21, 57 27 —3 _ 38 1-. 36 60 30 Total 104 34 208` 1184 327 157 29 97 30 452 123 2005 . Average 21 7 42 97 65 31 10 32 10 90 25 407 TOTAL FIRES IN LOCAL. AND STATE ZONES, 1969.1973 5,2$0 ANNUAL, AVERAGE IN 'LOCAL AND STATE ZONES 1,056 Note: n.d.a, = no data available ' J Although there are fewer fires In the bru; li-acovered foothill% thkin In the valley, there Is a disproportionately high number of liras per, unit of population, This condition is probably due to the MON 1` D7arclOus natural combination of dense vegetation, dry weather, and steep topography which contribute to rapid fire spread, The number of fire Incidences In the foothill areas is expected to increase along with an increase in recreational. activities and residential use, (r-valuation of Fire Hazard Inspection Procedures In Butte County_, California, U.S. Forest Service Research Note PSW-145, 1967;) r+ 01 Figure IV-2 shows the Fire Hazard Severity Zones identified according to the Division of Forestry classification system. The zones were delineated by combining maps of the -critical fuel, weather; and slope factors, The Severity Scale shown in Figure IV-•1 was then used to define moderate,, high, and extreme hazard zones, Fuel classes (grass, scrub, and woods/brush- wood) were identified using a Department of Water Resources vegetation mar from an unpublished 1971 study on Butte County's economic resources, Critical Fire Weather Frequency classifications were determined from the Division of Forestry report. Slopes of 1i0-60 percent and 61+ percent were plotted from U.S. Geological Survey quadrangle maps,. These maps are on fife at the Butte County Planning Department. b, Fire Protection Services R�eduo ion o fire`damaRo nand lois,of live depends upon firefigh ing``�ery ces, �n&Upo gutati n +which p e ent tazardoGs sit`ciations,,froom-clevelnpfh%,, Fire protection for Butte County is provided by several agencies. The cities of Chico, Oroville, Biggs, and Gridley have fire departments.` Two unincorporated Y P rated areas of the County, and EI Medio (south Oroville), have formed fire protection districts;-. The foothill and mountain areas -- designated "State Zone" - are protected by the California Division y p g P areas of of Forests Fire protection for the remaining unincor orated the valley - designated "Local Zone" - is provided by the Butte County C. f•Ire P.-Otection rs'ffe cti vera res Fire protectw'vn service Is nd4qucte In tire" cities of C111C arovliie, Biggs. and Gridley, .,end to the tw,z , pec al fire protection districts, Paradise and FI Medlo, yn the remairil�g unincorporated areas, the quality of service Is described in the 1gj5 LAI°.,Cid µeport "Quality of service is Baa for areas within a 5 mile radius of the 11 Dire statlons�,, and where .;sere is an adequate water supply and ,7 few exposure p ^obiem ;,. 1 F, r the most part this includes areas a within the valley, S vera1 kj: y areas without adequate fire protection include the west side of Chi.:c?, Southgate Industrial Park, the community of Honcut, and sc,14e ed res'dences in the outlying areas. Structural fire protection for- tine mountainous' communities is either marginal or non-existent. Arias receiving Marginal protection include the Upper Midge, Cohoiset, Clipper Mills, Forest Ranch, and Stirling Clay. Areas with no, str iJctural fire protection include Said Rock/Berry Creek, l=eather Falls, Forb?stown, Jarbo Gap/Concow/Yankee Hili, i and Pentz/Cherokee/ Uutte College Adequacy of protections based nn fire company equipment and manpower, response time, and water supply is summarized in Table IV-2 for the unincorporated areas of Butte County. C. ACTION PROGRAM 1,. Policies �Bxposures - valuable physical property (houses, barns, vehicles threatened by a fire and requiring protection. )directly , C r .._...RJTI®tlIY7t10iwim•ami��rslra�oiii�nmwnr ,.. _ .. _.. ..__ `r.'ible ].V-2, AUCQUAC( t)f j"iRC1 jgt0,rj-�CrIl1N iN hU'r'rC t.OUNJ-Y UAWIC016f4114MIT) Alti:A;i j ijo APIR)nI Q0rlLA9CYt' Att`A1 .1375r1NbTim ..,.,.., ;.,.w•:..�r•..+.. 51'1F1sVf1 EI1tIA1J1A! .,.._.,e.,..�..-,.�., c�0N �,.,r.�«A.,....,. County 111ro D+rzt: Aroars 1. Chi,Co/Oueh4m A BUD ac:tttonU i MajOrity of aLoa N. Chico - Excollont N.,0111blo wvat of N. Chico u Durham 2 Voluntour Co. withth 10 minututa Durhtim - 6K for simple ilwy " *. Moderate good, Rymalnjur for first engine - firefl. Itomainaox - None to extreme east; OK for simi,lo ILv(tl adequate, only.. 2. Richvald/ a BCFD ataticns + Same as Abova Richvale - 2 hydrants Negligj;bltt Alchveia - .7ood near piggii/Gridley 2 Volunteer Co. Hemaindar - Very limited hydrants, Romai•(Wor - oK for simply fi;rus only. 3. oroville/ I BCFD stations + Same au Abovo Scattered hydrant; Mostly moderate Adequate• nor hydrantu Palermo/ A Volunteer Co. systems with areas of Other areas - OK for Bangor high a extremis simple fires only. Volunteer Piro Company Areas 4. Cohasset i'Vol.unteer Co. same as Above None except 2 storage Nigh u extreme Marginal tanks. 5. De Sab14 2 Volunteer Co. Saone ss above Paeadiae pities - Mostly high Marginal Excellent. Remainder limited. 6. Clipper Mills l Volunteer Co. Varies -- generally None except hydrants Mostly high Marginal beyond adequate in Merry Mtn. Village village area. Lndependence Protection Districts 7, Paradise 7 stations + All areas within Cood hydrant system None Vcry good Volunteers 4-1 minutes for 3 engin excellent. a. El :Media 1 station + All areas within Good hydrant system tions Pair to good volunteers 2-10 minutes for 3 engines - good; mountain Communities. 9. Fotost Aanch State + varies Insignificant High Marginal 1 Volunteer Co. 10. Stirling city State + Varies insignificant High Marginal 1 1 Volunteer Co. 11, Jarbo Cap/ State only None Insignificant High None Concow/ Yankee bill 12. Pent:z/ ' State + Durham 15,2=5 minutes from Butte College - Moderate to extreme Marginal Cherokee/ & oroville Stations Durham & OroVille Excellent.. Remainder L Butte College nearty stations None. 13. Bhtd'Aook/ State only None Tnaignificant High 6 extreme None Berry Creek. 14, Feather State + N.D.A.3 N.D.A. High N.D.A. Falls l tlolunteer Co;. 15. ForbLsholdn State only hone Iasi ni iic<Znt High None Mountain Areas State Div. of Varies Insignificant High a extreme None to marginal Forestry' _ See�Flgtire iV-3. 2CiassiELcatlon according to F,ho Statn Dla.sion bf Farestcy rNporke A Eirn Ftnzard Severity Classification SYsten Coe C.itifornia's Wt.ldlnrdl, April 1773. Sce suverlty zonas on Figura iv-2. No data avzllablu. Source,, Butt& Co-)-ty Lejent Agrncy FormtFion Commis:;ton,' Piro Prew ction in the Unicoeporati~d Arras'ct Butte Ccunty, July 191r). Rk,roriurtiineiAtLuna for new Elru :ntAklonn f .ire frnm r.1T9 rupert. , r t Interwnepartmehial Memorandum TO: Jim Dawson, Director of Planning FROM: Bob i;a ser, Planner 11 suo.jecr: C112NI hill Progress on New General Plan Plements DATOE January 4, 1977 On October 26, 1976, the Board approved a contract with the firm tof CI12M Kill to prepare the safety, Seismic safety, Noise, and Scenic Highways Elements of the Butte County General Plan, CH2M Hill is to be compensated for work and expenses up to a maximum of $25,000. Drafts of the elements and environmental impact reports must be prepared by January 15, 1977; The County must then print and distribute copies', hold publichearings, and adopt the elements by Manch 15. CH2M Hill personnel have been here several, times to interview local officials, conduct field work, discuss policies and review drafts, Their progress appears to be generally satisfactory, and drafts should be ready by January 1.5. 1 am especially satisfied with their progress in two aspects of the assignment. They have Put considerable effort into contacting Stateagencies to discuss element requirements and data needs. Their technical expertise and research is more than satisfactory, especially in the fields of geologic hazards and noise. However, tho clarity of their writing has not as yet matched their technical efforts, although the final drafts are the only writing that can rightfully be judged. Several paragraphs of draft material, were borrowed from the earlier drafts by Planning Department staff and students. When the drafts are completed, the Env.ronmerxtal Impact Report must be reviewed and accepted by the Environmental Review Committee or Director: A notice of completion will then be filed and copies of all drafts will be printed, distributed and publicized. There is normally a 45 -day review period for draft Ms before the Planning Commission can take action, but we have received verbal approval from the State Office of Planning and Research for a shorter review period of 30 days. A shortened review period will be requested in writing when the draft EIRs are sent to the State Clearinghouse, If the draft EIR is accepted as complete by Tuesday, January 18, the Planning Commission cannot formally act until. 30 days later, or Thursday, February 17. however, they can hold hearings and informally consider changes in draft EIRs and elements. Indeed, one of the conditions of settlement with the Attorney General is that: i if Demo to dim Lawson January 4, 1977 Page 2 The County Planning Commission, or a subcommittee thereof, shall endeavor to schedule public hearings $a as to obtain maximum public participation. At least throe hearings will be held in the various population centers of the County to obtain public input on the proposed elements and draft environmental impact report. Consequently, we have tentatively scheduled public leavings for January 31st in Paradise, February 3rd in Chico, and February lath. in Oroville. Notices of the time and place of these hearings will be placed in display ads in the appropriate newspapers Hearing notices and copies of drafts will be sent to the Commission, Board, LAVCO, County Departments, Cities, some special districts, adjacent counties, some state and federal agencies, schools, news media, Chambers of Commerce, Boards of 12ealtors, and other groups and individuals who request them. Draft material will be presented and explained at the hearings by CH2M Hill and Planning Department staff. oma ,a. Jim Lawson, Director of Planning FF(Oht� 1lob Oaiser, Planner 11 3UaJt7CT; CH2M Hill Progress on New General Plan Elements DATE,. January 4, 1977 On October 26, 1976, the Board approved a contract with the firm of CUM Hill to prepare the Safety, Seismic Safety, noise, and Scenic Highways Elements of the Butte County General, Plan. CHM Hill is to be compensated for work and expenses tip to a maximum of $25,000. Drafts of the elements and environmental ,impact: report's must be prepared by January 15, 1977. The County must then print and distribute copies, hold public hearings, and adopt the elements by March 15. CI42M Hill personnel have been ]-.ere several. times to interview local offi,cia.ls, conduct field work, discuss policies, and review drafts. Theis progress appears to be generally satisfactory, and drafts should be ready by January 15. I am especially satisfied with their progress in two aspects of the assignment. They have Put considerable effort into contacting, State agencies to discuss element requirements and data needs. Their technical expertise and research is more than satisfactory, especially in the fields of geologic hazards and noise. however, the clarity of their writing has not as yet matched their technical efforts, although the fins.:, drafts are the only writing that can rightfully be judged. Several paragraphs of draft material were borrowed from the earlier drafts by Planning Department staff and students; When the drafts are completed, the Environmental Impact Report must be reviewed and accepted by the Environmental Review Committee or Director. A notice of completion will then be filed, and copies of all drafts' will be printed, distributed and publicized. There is normally a 45 -day review period for draft MRs before the Planning Commission can take action, but we have received verbal approval from the State Office of Planning and Research for a shorter review period of '30 days A shortened review period will be `requested in writing when the draft EIRs are sent to the state Clearinghouse. If t] ie draft: EZR is accepted as complete by Tuesday, January 18, the. Planning Commission cannot formally act until 30 days later, or Thursday, February 17. However', they can hold hearings and informally consider changes in draft EIRs and elements; Indeed,' one of the conditions of settlement with the Attorney Genera] is that: a Normo to Jim Lawson N January 4, 1077 Page, 2 The County Planning Commission or a subcommittee t'horeot, shall; endeavor to schedule public hearings so as to obtain maximum public participation. At least threw hearings will by hold in the various population centers ')f the County to obtain public input on the proposed ,lements and draft Environmental impact report. Consequently, we have tentatively scheduled public hearings for January 31st in paradise, February 3rd in Chico,, and February 10th in Oroville. Notices of the time and place of these hearings Will be placed in display ads in the appropriate newspapers. Hearing notices and copies of drafts will be sent to the Commission, Board, LAFCO, County Departments., Cities, some special districts, ad' acent counties, some state and, federal agen,cies,, schools, news, media, Chambers of Commerce, Boards of Realtors, and other groups and individuals who request them. Draft material will be presented and explained at the hearings by CH2M Hill and planning Department staff. rRom Bob Ga iser, planner 1 suoaE�cr- C112M Hill: Progress on New General. Plan Elements bATFtr January 4, 1977 On October 26, 1976, the Board approved a contract with 'the f- Of CI.12NI Hill to prepare the Safety, Seismic Safety, Scenic Highways Elements of the Butte County Gone l plan and nH21vi Hill is to be compensated for Ivork and expenses up to a maximum of $25,000. Drafts of the elements and environmental impact reports must be prepared by January 15, 1977. The County must then print and distribute copies, hold public hearings, and adopt the elements by March 15. CH2M Hill personnel. have been here several times to interview local officials, conduct field work, discuss policies and review drafts: Theis progress appears -to be ' drafts should be ready by January is. generally amaespecial.ly satisfieda with their progress ill two aspects of the assignment. They have Put considerable effort into contacting State agencies to discuss element requirements and data needs. Their technical expertise and research is more than satisfactor, Of geologic hazards and noise. tloweve,eteccariiy tynohshfie elrlds writing has not as yet matched their technical efforts, although the final drafts are the only writing that can rightfully be judged. Several paragraphs of draft material were borrowed from the earlier drafts by Planning Department staff and students. When the drafts are completed, the Environmental Impact Report must be reviewed and accepted by the Environmental Review Committee or Director. A notice of completion will then be filed, and copies of all drafts will be printed, distributed and There is normally a 45 -day revielf period for draft tIRsubeforeethe Planning Commission can take action, but we have received verbal approval from the State Jffice of Planning and Research for -a shatter reviewexiod oy' P 30 days A shortened review period Svill be requested in writing when the draft EIRs are sent to the State Clearinghouse. If the draft EIR-is accepted as complete by Tuesday, January 18, the Planning Commission cannot formally act until 30 days later, or Thursday, February 17. However, they can hold hearings and. i.nfor,mail.y consider changes in draft 1IRs and elements. Indeed, one of the conditions o.f settl'ement iclxth, the Attorney General is that: M Jim Lawson, Director of Plauning F R 0)4 Bob Ga4scro Planrer 11 SUWCCT* CH2M Hill Progres.c, on New General Plan Elements DATF. January 4, 1977 On October 26, 1976, the Board approved a contract with the firm Of C112NI Hill. to prepare the Safety, Seismic Safety, Noise, and Scenic Highways Elements of the Butte County General Pian. CU12M Hill is to be compensated for work and oxpenses up to a maximtm- of $25,000. Drafts of the elements and environmental impact reports must be prepared by January 115, 1977. The County must then print and distribute copies, hold public. hearings, and adopt the elements by March 15. CH2M Hill personnel have been here several times to interview local officials, conduct field work, discuss policies, and review drafts. Their progress appears tea be generally satisfactory, and drafts should be ready by January 15. 1 am especially satisfied with their progress in two aspects of the a.ssignment. They have Put considerable effort into contacting State agencies to discuss element requirements and data needs. Their technical expertise and research is more than satisfactory, especially in the fields of geologic hazards and noise. However, the clarity of their writing has not as yet matched their techni,.;al efforts, although the final drafts are the only writing that can rightfully be judged. Several paragraphs of draft materiIal were borro­ied from the earlier drafts by Planning Department staff and stu,(,,,t�iits. When the drafts are completed, the Environmental ironmental Impact Report must be reviewed and accepted by the Environmental Review Committee or Director. A no -Lice of completion will then be filed, and copies of all drafts will be printed, distributed and publicized. There is normally a 45 -day review period for draft EIRs before the Planning Commission can take action, but we have received verbal approval from the State Office of Planning and Research, for a shorter review period of 30 days. A L shortened review period'will be'requested in writing when the draft EIRs are Sent to the State Clearinghouse. If the draft EIR.is accepted as cOmpipte.by Tuesday, January 18, the Planniiig Commission, cannot formally act until 30 days later, or Thursday February 17. However, they can hold hearings and informally consider changes in. draft EIRs and elements. Indeed, one of the conditions of settlement with the Attorney General is that; Nemo to Jim Lawson January 4, 1977 Pale 2 The County Planning Commission or a subcommittee thereof, shall endeavor to schedule public hearings so as to obtain maximum public participation. At least three hearings will be held in the vatious population centers of the county to obtain public input on the proposed elements and draft environmental impact report. Consequentl.y�, we have tentatively scheduled public hearings for January 31st in Paradise, February 3rd in Chico, and. February 10th in Oroville. Notices of the time and place of these hearings will be placed in display ads in the appropriate newspapers. Hearing notices and copies of drafts will be sent to the Commission, Board, LAPCO, County Departments, Cities, some special districts, adjacent counties, Some state and fedex�►1 agencies, schools, news media, Chambers of Commerce, Boards of Realtors, and other groups and individuals who request them.Draft material will be presented and explained at the hearings by C112M Hill and Planning Department staff, TO ,,dim Lawson, Director of Planning FROM Bob Geiser, Pjat ntier l sut3g.,c;T• CII M Hi.l,l, progress on New General elan El.cments DAM January 4, 1,977 On October 26, 1976 the hoard approved a contract with the firm of CVT%4 Hill, to prepare the Safety, Seismic Safety, Noise, and Scenic, Highways Elements of the Butte County General,. Plan. CH2h Hill is to be compensated, for `work and expenses up to a max mu3tx Of '$25,000. Drafts of the elements and environmental impact reports must be prepared by January 15, 1077 The County must then print and distribute copies, hold public: hearings, and adopt the elements by March 15. CH2M1-fill personnel have been here several times to interview local officials, conduct field work, discuss policies, and review drafts. Their progress appears to be generally satisfactory, and drafts sho,il;d be ready by January 15. I am especially satisfied With thy—*- progress in two aspects of the assignment. They have Put cons- erable effort into contacting State agencies to discuss element requirements and data .needs.Their technical expertise and research is more than satisfactory, especially in the fields Of geologic hazards and noise. However, the clarity of their writing has not as yet matched their technical efforts, although the final drafts are the only writing that can rightfully be judged. Several paragraphs of draft material were borxo'wed from the earlier drafts by Planning Department staff and students. When the drafts are completed, the Environmental Impact Deport - must be reviewed and accepted by the Environmental, Review Committee or Director. A notice of completion will, then be :filed, , and copies of all drafts will be printed., distributed and publicized. There is normally a 45 -day review period for draft EIRs before the Planning Commission can take action, but we have received verbal approval, from the State Offir-o of Planning and Research for a shorter review period of 30 days. A shortened review period will be .requested in writing when the draft EIRs are sent to the State Clearinghouse. If the draft EIR is accepted as complete by Tuesday, .January 18,, the Planning Commission cannot formally act, until 30 days later, or Thursday, February 17. However, they can hold hearings and informally consider changes in draft EIRs and elements. Indeed, one of the conditions of settlement with the Attorney General is that: lje,mo to Jim Lawson January 4, 1977 Page, 2 The County planning Commission or a subcommittee thereof, shall endeavor to schedule public hearings so as to obtain maximum public participation. At least three hearings will be held in the various population centers of the County to obtain public input an the proposed elements and draft environmental impact report. Consequently, we ha'•e tentatively scheduled public hearings for January 31st in P ,Rise, February 3rd in Chico, and February 10th in Oroville Notices of the time and plue of these hearings will be placed in display ads in the approprih,tq newspapers. Hearing notices and copies of drafts will, be sent to the Commission, Board, LAFCO, County Departments, Cities, some special districts, adjacent counties, some state and federal agenc.ies, schools, news m0d.a, Chambers of Commerce, hoards of Realtors, and other groups and individuals who request them. Drat material will be presented and explained at the hearings by CH2M Hill, and Planning Department staff. • /,ma y