HomeMy WebLinkAbout84-20 PUD-CODE AMENDMENT 2 OF 3s
a
r
2'. Cluster Belt with Graduated Densities -
is a good idea. Creating
Creating to
"belt' ring
a, probably is not.
Clustering on portionsof the feidinger and Sweet
Nectar parcels could provide,
the a rural -residential transitio
the agricul ural side of the Greenline on
impacts
while minimizin the
on agricultural operations. This
the
concept would serve
policy of the Greenline while relieving the oviners
some of its
economic detriments, I . of
an opportunity for a' buffer betweennurbantandtagrculturalide
Uses.,
bel' er, problems can be .expected with an that:
Concreates a belt along the entire length,
of'thE Greenlinen
locayt�'ons varyy along that line. What is appropriate
ation
at one
may not be appropriate at another.
segments of the line example, some
are presentl straddled Por
uses" It would be premature to designate
the
on a tr4nsgticu'lelt
agricultural side >of the line in oGther
such �'_ras •
segments' may not lend themselves to transitional
of problems
uses becau
of drainage, traffic circulatiari, Water supply or
other facilities. y
Even in
areas that seem appropriate for
transitional uses, i,t- May be
owner interest is lacki.nY• premature toimplement them if
Creating a belt alo
Greenline could the
unnecessang entire
rily accelerat e development.
Even if such a belt were created, there would be
problems with using a uni f orm wi.d.th
, Look at the exhibits t
the staff report (Append' B hereto o
tion belts cut how the
trans . -,
-across property lines, street and
zone without regard for actual existi g
conditions on the
That is questionable plannin " if th
'elastic
Yt should be ust b e a "belt"r
enough to conform�t m
o local
conditions.
A better solution would I be to adopt the clusterii
concept without adopting a rigid belt concept., g
mechanisms
exist in the P. More suitable
Orm of an AR' desighation and po
zoning. these
are explained in Section IV of this submit
3• ransi.tion Belt with Graduated Densities. This
third concept s fewer
merits,and`mure'faults than the`
second. Admittely, it would reli_e.vc�
Heidingers and Sweet
Nectar Enterprises of some ai' the economic detriments of
Greenl,ino by allowi.ing somewhat the'
'smal er arcels
marketable at hIgher unit prices. y
benefits a However, the MIC
Ppear to be marginal"
r
w
v
T'erhja ,s the
indis.erim nate commitment ofeltl andstolruran.the conce pt is its
without 1
residential uses,
regard' to agricultural viabili.t Y • Unlike r the cluster
concept, which would concentrate'residential
id areas and comii
C
4�.
IV ,
SOLVING THE PRIO,BLEM
WITHOUT';MOVING THE GREE NLINE
Prime agricultural 'Land ought to be preserved. That is
'
why there were agricultural designations in the county's
general plan and zoning ordinances - even before the Green -
line. However, those designations yielded too easily to urban`
expansion. What the Greenline did was to create an abrupt
and permanent line of,"demarcation. Conflicts were bound to
arise when Such dIsparate� uses were placed side by side without
specifying transitional areas. All the more so 1when small
parcels:,, poorly suited to agriculture but.well suited to
transitional uses, were nonetheless lumped together with
commercially profitable agri"businessland.
The Greenline has become a rallying.'point for some, a
point beyond which no residential planning can occur, whether
transitional or otherwise. They have created a Eine that
cannot be moved without specific findings - findings that
..,.4f
would be nearly impossible to make.
But, in fact, neither the general, plan as, a whole, nor
the Greenline policy in particular, need prevent intelligent
transitional planning. I In other words, the problem of the
He linger,and Sweet,-Nectar parcels can be resolved without
moving the.,Greenline. The mechanism for `doing so is a
combination of the Agricultural-Residential (AA) Land use
•g Development (PUD) zoning.
desx nation and Planned Unit.
The Greenline policy specifies that agricultural
residential, uses ma occur on the agricultural side of the
Y
Greenline (Land Use Element, page 73 paragraph D'(4) (c)
Appendix D hereto). Since the agricultural residential
designation allGws lot sizes>between.one and forty acres,
the Commission has the flexibility to, create a transition`
or"buffer area ;on the agricultural side of the Greenline
(Land Use Element, page 49, Appendix`E hereto).. combined
' PUD 'ordinance this flexibility would allow precise
w1.txY a e Y
_
plannning, both fog clustering residential' uses and for
making 'permar-el" commitments to agriculture .
The Greenline. policy would not, `be violated by th'a.s
procedure 'for three''reasons. First,'the limitation of agri-
�� cultur,l.parcels,to',Orchard and Field Grop uses does not
API areas designated as agricultural residential'
(Land Use Element, page '73, paragraph D () te) .Appendist D
hdtdto), . Second, OVen `if' the Orchara-and Field Crop use
°
nter-Da6 tile, _A011M U n
7o,
P1 arming 'Commission
mom.
Planning Depattmen't
SUB JEct.
'Coriceptual Approaches to the Agricultural Side of the
Greenline, File
DATE,'
No. 83=SZ and 83-77
August 16-, 1983
tACKGROUND
Pursuant to the,Planning Commission°s direction,; the department
has outliryecl
several alternatives for considering the development
of the Heidinger and Sweet Nectar properties west
of ;the'Du.rham-
Dayton Road south of Chir_o. These alternati�es are. described
in
conceptual terms only with little if any evaluation. Because'
there is nothing particularly unique about these
properties,
these alternatives'should be considered universally along the
agricultutal side of the Greenline.
'.
The department does not
endorse or xecomrnend any of these alternatives without more
detailed
q
study and careful considera-tion.
1 Transfer of Development` Ri }its (TDR)
Transfer of development rights (TDR) is a relatively new
Concept frequently discussed and less frequentlyused,.
TbWs are useful when it is desirable to perm-itproperty
owners Co secure the financial
returns of deve).crment
while pre"serving the existing status of the propf�rti.es
U. e,
open space, agriculture, ;�storical landmarks,
ate.). This systW�m includes four basic
e`lements:. the
identification of a transfer area (the area to be
pre-:
served)', a ,receptor area (the area to be developed) , a
Conversion rate (a uniform density used to
determine
the number of transferable units, e.g. 5 acres/dia) and
recorded agreements for trans'£er and receptor area's."
Under the TDR system, eligible parcels of some minimum
side (i.e. s0 acres)' in the transfer area are•-'divided
by the conversion rate acres) which yield the
number of units which
are transferable; it this example`
the number wou).d be four. Fndividuals in
receptor'
areas (i. e. a Low 'Density area) could ;then Purchase these
de.ve:lopinent
rights and develop the property with these
units in addxti.an to ! the, number permitted 'a the
n. receptor
area under the eXxstng policies and regulations.
Development ri<ghts"are marketa'ole uni.ta which become a
pant of the deeds of.i'bath
transfer and receptor, areas.°
The, result is development in the,designafied urban area
p anen
and arm t a r�.cu1';tural r
g p l'Sery a"tion,. Because •the
i -i
s _
3) Where the Greenl ine is indi cated as ap} roxa,n�ntcly
following a lot line, Such
lot line shall be construed to,
be the location of the Greenline.
4) With respect to property that is not subdivi.d.ed ancl
where the: Chico Area Greenline bisects
a lot or, arced
location of the Greenl ne, unless the same is indicated �T��e
dimensions shown Indic
upon the Official, Chico Area ed �1y
shall be determined by the use of the
1
scale ;appearing ori }}r,;
Official Chico; Area Greenli;ne Map.
C ) The Chico Area Greenline shall constitute the boundti1yly
between the "Urban Side
of the Chico Area Grcenl line" and,
"Agricultural Side 'ofthe Chico Area 'GreenlSne!l,
d) A ricultural Residential land, uses ma occur on the
Aricul tura Sz e
o t o Area ,rre n • ti ri, .�., ..
those areas deli. na;ted fo r.ic_i�ltural t�rs7Cj „+•;n1 ii .h
t'
on
a ;" ic�'al C aco Area: enlMag. '.�'"
e xce t as rovided for inin su&,c tion d cif this
section all land
use on the ArScilltt l e o __ t e Chico
Ares reenline s all consist solel of A;,rcu:Mural uses_
as.provi e y t e ,. 1'an
an _11-A' ron,�,.esi -nation
xJ� uses on the Urban Side of the Ghzco G eenline
Area
shall be guided by the policies of the Land Use Element and "
the applicable Urban
land use designation as contained in
the Land Use Element.,
E. ESTABLISHMENT OF. CHICO AREA LAND USE POLICIES r+
In
1
order to minimize or�elim nate the adverse effects �w hath
premature and inapproprirate conversion
to urban/suburban land
uses are likely, to cause to ;the agricultural lands in the Chico
Area of Butte
County, the following policies are hereby adopted'
as part of the i:and Use Element of the butte
County General
Plan, applicable to the Chico Area of Butte co
1)t shall be the policy of `Butte County; to conserve
and protect for Agricultural bse the lands "
; �.he Chico
Area that are situated'on tjh Agriculture' r of the
Chico Area Greenl ine.
2) It shall be the policy of Butte Gour rommadate
future urban/suburban growth that occurs
-,Co Area
of Butte County on lands situated in the tic ; of the
Chico, Area Greenling.
_.
F RESEIt�ED
a_..D
G ZdNING'REGULATIpNS
a) Iri order to carry out the purpose's4of this Po' licy;
propext es located :on tags' Agr cu1tura7�' "the
�+
ISof < �Chl:
Argy Greenling shall subsequently;be zoned or rezoned in
accordance with this
x.
polacy as fo,lxoris:
1) .All.areas which are zoned. A-S _ A-10 A.�20, A'-40 or' A-160
con the effective'd to o xs o is s ha-TT .so zoned.
A11 areas which are Toned A-2
this on t e effective' ate of
oZ
p icy sha11 sUbsequeritly be rezoned to A-20. ,
.
.:
i 13
e
'%. Orderly Development: GovGr'r:ment agencies,
and the public at arge have invesed sut,tantialEltea io es
of money' in Butte County's existing system of road
ties and other s, utij
public Facilities. --
Ment and the level of services, utl�zationlof
existthi8Lnvast
Facilities is desirable recoI'Llgnizing that all clesignatgd'
land far .cieve:Iopment is
not immediatEly available for uae.
hand owners have plans for the timing of development
their land
on;
which are to be respected.
Po1�c�
a. Encourage annexation toexistin
districtg cities and Existing
S.
b Promote the Full utilization of site$ served b3
existing public `acilities.
Encourage development in and around exst5;ng com-
c munities with public facilities.
0- ',RESOURCEMANAGEMENT
J. Agricultural Land Cra han o
—_� : - Almost 21% of the County's land,
mostly irrigated `sites ori good soils in
the valley and law
(oath ls, was devo ed to orchards and field crops in X97w
.Cropproduction from this
and Provided an a7.
land was valued at over 1201000,000
vera a .6°0
g ? / of the wage•-and-salary employ-
ment in the County in 1977•
The .importance of agriculture in
the local economy is further evidenced and enhanced by the
cremendaus'public
investment in advisory servvices irri anon
systems, .drainage facilities
and rural roads. Residential
and commercia7� development in commercial
conflicts witln''certa crop areas creates
taxin agricultural activita,.es and induces'
LL
pressures and conversion of nearby crop land to non-agricultural uses. Urban growth into
agricultural lands
al:;o results in permanent restrictions in' thea potential for
crap`production. To
counter th's', agricultural zoning has
been used extensi ely � n the`
This is less evident close tomthE urban areas,whereeocount9,i
the
9.
ears developments and official actions have taken p18Ge
iI
which has made a(;ricaltural toning
impractical, unwise, and
at times ari'v..ndie financial 'burden upon iridivduaT citizens.
,Poi:
a• Mai n.tait agricultural cro P Production as a major source
a food, employment an
m,.
LL.income.
•��,
b. Retain in an .agricultural designation on the Land Usea,
Map`areas where location; natural.eoriditons
+
_
and water
a<�i1'ability make lands well suited 'to orchard
and
field crop' use, while considering for non-agricultural
use,area.s where urban
encroachment has made inroads
into agricultural areas'and'where past afica
tons have
planned areas for development:
e. Allow a wide.range'af.
agricultural and riecessa
accessory ,uses in cro'
d• Maintain P. production areas.
minimum parcel, sizes in des Hated a'rx
Lural areas by 'fallOwing co
prehensive zoniriggprinciples.,
LL
e. courage urban Expansion toward' the1East
soils. productive
+. Allow rural residential `development as"a buffer be-.
`M
ween urban ewe .o%t is an yn
w
^
i 30. .,
i
{If
•
a) in order to carry out the Du:rposes of this polzc y ,
ltural Side of the Chic o
'
properties located on the agricu
Area Greenline shall subsequently be zoned or rezoned in
�
accordance with this policy as Follows:
which -are oned A-5 'A=10 on the effective
14
vill
1) All areas
wat t �s oT�ic
date of this olicv are deemed cans stent. -
Z) All areas Which are show as agricultural Res ide;ntial
%Map hereafter be rezoned.
on -the Area Greenline shall
conL4itionally c-onsi stent zone, as
a
to a consistent zone .'or a`
listed as of Mar, ch 1, 1952, in the Agriculture
the same }sere
Residential Land Use 'Designat:ion a£ the Butte County ;General
be, by the Butte County
Plan. Rewoning shall accomplished
Board of Supervisors in the manner prescribes b}' �.aw:
spec
6
3) .after the effective date of this policti•► e�ccpt as
she agricultural
f'ie'd in this <subsec4ion (a) , na proPert.,' ,on
Greenline sha�l�b.e' re_oned to an A-2,
'Side of the Chico Area
district ca ss�._ic� io
4-5, or A-10 zoning n.
of theshhllo
4) All 2 ands lc�'cated on the �,gricu];tur21 Side
affected bt• she above (a)
i
Area Greenline that are not
hereafter be zone=d or rezonau, consistent ��ith this policy.
Bo
Such <zoning or rezoning shall be done by the .Butte Count'
of its d scz•etiota _dnd, in
of Super�risors through the exerci-se
�
rescribed ,by `7 law.
the manner p � A-4.0•, and a, -1b0
b) All `references to a-?, a=S, - I A-�O,
an:
.,.
tanin;g districts-, as. 'i:e11_ as _references to to consistent
designations appliMble to the
ion,
con3itionally 'consistent
`� g � sh111 be dee^
Agri cultural Residential 'Land use, Desi�na� ion,
tee°ms as
to mean those sage zoning dis tr6C.t rtny.and
24, tho Bute Cgtm2 Code as the sane
'
defiledin Chapter of
- ..^' on, time.
read on �7arcl 1, 1092 ane as, an.end.ed rrorr txcre t A
she rgr-
c) Any 'existing leGal lot of record laca�ed
h'
. Greenli.ne �� xch, as :a result
...
cultural Bide o;. 'the' Chico Area
the of this` policy, does nor �canFaYn With the mi
of adoption
,.on�n ais tract designation assign',
T11 size required by the - g c lot and shall be
a
by this policy shall be, a noncon.oxn n�
th e restric ions of r.�nconiornir
.
Q
entitled, to the benefits zrxd
] o,ts as estabT �'shwd by lal�f.
d).'Nozhng' containd in this pnlic shah be deeneci �o
pxahblC 'the application' of theoraculturl�Tical�:ura]:d�na
(Butte C'aunLV Ordinance ,i txmbor Z.4.) , or' tie
ordinance (5ec•ti.on.s 4-S'4 and � �-�5 of Ch3pt_er
segregation
2; of the Bre, .te Co ,tjt_v Code) . as t}ie carne r:���- noty era s t ;or
her�`2fter be ar-ndZd
lrater-epartm°etd�ennorandam
To. Board of
Sti
uperva sors
F'oM< Planning
$OBJECT; Code Amendment
PUD (Planned Unit Development) suggested Motion
: DATE: February
22 1984
If it'is
the intention o!E the` Board. to approve the subject
Code Amendment
then the suggested motion is as follows:
A. Find
that the requirements of CEQA have been met andadopt
a Negative
Decla- aSion re'gaxdng environinerttal impact; and
B Find
that the zoning -ordinance amendments conform to the
Butte
County General; Plan.; and
Ci Adopt
an, ordinance repealing Section 2:4-126 PA -C (Planned
Area
Cluster) zone and add Section 24-126 PUP (Planned Unit
Deveiopment)
zone.
lr
I
I,
ALAN S. AVIS
r
A Pro/essOnal Caty Corporailon
7030'9 Skyway
paradise, California 95969-
(016) 8724600
lit t.,oplp refer is
December 19 1983
'hin
Butte County Planning Department
006,V� an
7 County -Center'Drivejaa
,
Oroville, Calxfornia 95965
,C►tna
sPlanning Director
Atntiox: Bettye. Kirc zer,
i.e:
Ae PUA Ordinance
Dear Bettye;'
Enclosed is the proposed PUD ordinance which we discussed at the
hear.ir5g. I believe that this
last; Planning Commission
incorporates all of the various modifications which were
discussed at the .hand use committee meeting and
at the Commission
meeting: I£ 'yotj have any questions, please give
me a call;.
Sincerely yours,
ALANS . AVIS
A professional Law corporation,
Byn
ALAN S AVIB:
ASAeg
Encl.,
.9
AT"J'ACtLMf N.V "A"
(E) 2.
Each PUD plan shall ;provide for a common, area containing trot less than
10% of the project area' for commorci.al and industrial or 15% for
residential.. For purposes of this section, common Area shall, be
defined as that area whi.d'h shal'L be available to and maintained by 'the
residents of, the proposedproject.
APPLYING, POR REZONE TO ;PUP:, ,
3.
g. DalGte.
6.
A statement which describes. Lite org;t►lization o£ any; proposed llooeowoor s
Associ,ati:on, 11sting the intend: d Covenant Cori& tiona attd Resirict Lolls
(CC and R's);
7.'
A statement from the applicant Chad the proposed development conforms .
to; and is cans-lstant with, the general plan;"
8,
Include a, statement that describes the intended height and bulk of. the
structures and 'their relationship to the surrounding areas;
5.
Astatement con:erning any proposed'; phasing of the project, indlcatinp,
.the Sec u
i e�nce and timing of each phase and hoar each .phase would
indepe:ndentl"y constitute reasonable and orderly development of the area;"
k
I
«,
r
ATTACHMENT "All'
(t) 2.
Each PUD plan shall provide for a common .area "containing no,t less than
10/of the project area for commercial and industrial or, '1S% .for,
residential: For purpose's of ,this section, common area Shall be
defined as that area, which shall be available to and maitltainesl by the
residents of the proposed project.
APPLYING FOR REZONE TO PUD;
6
A statement which describes the otg nization of any proposed Home,atvn ,r's
Association, ."listing the intended Covenant Conditions mid Restrictions
(CC .and Als);'
7.
A statement from the applicantthat the proposed dove;loprnent contoj.ms
to, ;and is consistent with? the general pian;
8.
:Include a, statement that describes the intended height and bulk of the
structures and thein relationship to the surrounding atoas;
9.
A statement concerning, any proposed phasing of the project, :indicating
the sequence and timing of each phase and'how each phase would
independently constitute reasonable and orderly development of the area;
I
r
Or
IV. ENVIRONMENTAL IM CTS rr r+ nswers are reaui.red
It 4 y
al "yes:" and ma e a
xp anata.ons a
on. attached' sheet (s)1 YES MA...._-
NO;.
l: EARTH�9ii1 the proposal result in significant;
conditions or inr changes ;in
a.. Uns.table earth
geologic substructures? �"-
displacements, compaction or
suions,
b, Dirpt
avexcavering of the soil`?
in topography for ground suTf, -e
C. Change
relief features?
inQ or' modification of any
d.: Destruc,tiion, cover
unique ,geologic or physical features? ,_..
soils,
e Increase in wind or wEtter'elrasion„0f
either on o^ Off-site?
beach
jon 6r, oildepoition
in depas'itin
f Changes
sands,:ar changes siltation
f
channel of-
ar erosion which may moth'°fy the
0
river or stream or the bed of the ocean or
a
any bay, inl et or lake?
of prime agricuitumal.ly producti�re soils
gj Loss
outside designated urbaxa�rts?to geologic
P ?
h, Exposure of people or p
hazard5 such as earthquakes , iandsl ides , mud-
hazards
sl:.ides g round fatlure or similar' ._._
. will the , proposal result _Ln substantial
Ate,
detexiors�tion of ambient
CJ
a, Air emissions or
air duality?
b. The creation of objectionable odors, ;smoke
- -
.._....-
ra r fumes ?
c. AJ toration of air movement, moisture, or
climate
temperature, or any change � n ;
--=
locally or regionally?
3. WATT. ill the proposaloxe-thetcourseborantial;
a. Changes in currents,
of water movements ineither
direction
marine or freshwaters?; atterns,
iri absorption rates; drainage p
b, Changes
or tie rate ana ampun.t `of surface runoff?,.--w-
c, Need for. oi:i �,site,, sUtface drainage improve-
including vegetation, removal , ,channel,--,
ments ,
i7. at iron Or, cul ve xt ins t;al~ 1 at i an?
or flow of flood
.-
d, Alterations to the course
waters?
e, Change iri the amount of surface water in any
water b o dy ? o r i ' any,
u
Discharge, into $rface waters , n inch uding
c�ua7
alteration.Oof� surf,acetater
but. not l imi-tod to temperature; dissolved
en ar turbidity?
l or�Y g., a
4lteratapn af; the direction or rate of flaw
g
of ground waters?, round w.a.ters;' ,
in the quanta ty o f;.
h . Change
eithor through direst "acldataortis of wash-
an
drawal s or through in;tercOpti.an .of
„ ,; ---
ar�uifer by cuts o e�ccavatons 7;
'of water othexwa
---
Recuctian in the amort
avai labl'e fox p ub�lic Ovate' suppies?�-
water
r o-r to
f people o'r pap Y
E�cposure Of
xe1 ate hazards such as fl'oada ng'? ,%
�.
—,
YES
MAYBE NO
4.
PLANT LIFE. 1Ni11 the proposal result in substantial,
a. Ch, ang in the diversity of species, or nuZbor
of- any species of plants (including trees,
shrubs, grass, crops, and aquatic plants)?
b. Reduction of the numbers of any unique, rano
or endangered; species of plants?
C—
c. introduction of new species of plants into an
area, or in a barrier to the normal rep:len.;�h
merit of existing species?
d. Reduction in acreage of any agricultural crop1
S .
ANIMAL LIFE. will the proposal result in substantial:'
a. Change in the diversity of species, or numbers
of any species: of a.nima:1.s (birds, land anipia, ,s
including reptiles, fish and she'll fish,
benthi.c ovganisms or insects)?
b: Reduction in the Y umbers of any-unique, 'rano
or eIXaang;erod species of an,llllals?
c. Introduction of new species of .animals into
ar, area, or result in a barrier to the migration
or movement of animals?
`
d. Deterioration to existing fish or Wildlife
habitat?;.
£i.
NOISB Wall the proposal. result in substantial:
a'. increases; in in noise levels?°
b. 1~,xposure of people to severe noise levels?
7.
LIGHT ANDGLARE, Wa11 the proposal Produce
'significant— light and glare?
8.
LAND 0818.. Will the proposal result in a
su stantial alteraltion of the present ox planned
land use 0f an area^
9.
NATUR.AL AB80UkCE5 Will the proposal result` in
substantM1a
a: Increase in the rate of use of any natural
resources?
U. Depletion o any non�renewsbl.e natural
res.vurces ?
:"
J.O.
KIST Op UPSET`,�1 the proposal involve:;
a. A risk aT e�cplosaon or the release of ha axd-
oils substances (includ .ng, but not ] amYted t ..
, chemicals or ratiort) In the
oil pesticides di
event of an, accident or- upset co-,�ditians1
b1) ib-lo interference Zvi th''an e iergency
response plan or ome gency evacuatldn plan?
1Jr.
F0 ULAT ON. Wit! t e pi.,op .sal a!' tlxe Xocation,
id`�saribtition' clettsit or-gowt'li rate o the hutnan
populat'
l2 .
HOUSIN(l,' SVi l the proposal afLect exsting dousing,
or create a demand-[or addi opal hbusi rig?
m