HomeMy WebLinkAbout84-45 MOOSEBERRY/BURREU GPA/REZ (2)M
Butte Co. ' Board of Supezvisors
applicant _ 'presentative". .
�wnxEss. 2-5 County Center Drive
OrovIl le, CA Q 965 -
PHONs:
538_7371
Various:
Property ewner
liLDRESS. _ :
_
General Plan Amendment for the amendment to
the Open space Slement of the Butte County General Plan
on property zoned: N/A located Countywide
Various Countywide
identified: as AP town/area;
GENEM PLAN DESIGNU—ION
PAU
F -APF IM PAID: $'`mow RECEIPT NUMBER:
APPLICATION ACCEPTED;
RECEIPT NUMBER: �-- r --
REZONING PETITION SIGNATURES CHECKED`PERCENTAGE
MAILING LIST `PREPARED:
-
MAIL -OUT NOTICES WRITTEN:
NOTICE MAILEDNUMBER..
LEG:AL DESCpTPTIOII PREPARED
PUBDYCATION NOTICE WRITTEN'
DISPLAY AW PREPARED 144"
ria 2 �- RCS
NEWSPAPER PUBLICATION 0 C P G S'- R_`j DATE of PUBLICATION. aALL.
.
INITIAL STUDY PREPARED; --r'
EN'fIRONMENIAL DETERH0ATIOH: Categorical Exemption; FILED;
Negative Declaration FILED«,
Mitigated Negative Declaration FILED:
— Environmental Impact Report CERTIFIED.
Other.
STATE CLEARINGHOUSE.NUMBER:
APPLICANTIR£PPMENIATIVE NOTIFICATIOFN OF ENViRONMENIAL DETERMINATION
PLANNING COMMISSION HEARING(s)
BOARD OF SJPERVISORSr REARING(s).
RESOLUTION NUMBER',(GPAs) ADOPTED.
ORDLUNCE: NUMBER: - ADOPTED:
NOTIa OF DETERMINATION (Appendix fi; :FI ED
�1
B �
u to t^�cin Board of�nrvisors .Item on. which a draft Environmental
impact Report has beenprepared and General Plan Amendment. Adoption of
a new Energy, Natural Resources, and Recreational Element of the .Butte County
General Plan to be effective County-wide. The :Element contains goals, policies,
and implementation measures that will guide the development of energy and
natural resources in Butte County and
promote recreational opportunities
throughout the County. (File 89-44 A .& B) (DR14)' (Continued closed from
March 12, 1992)
,Staff said this -item- was continued closed to allow stafftune to
provide the final motion.aff said a letter foie the California. Ener Commission was received d yesterday and
staff has not had chance to review the material. Staff requested this meeting be
continued. Staff asaid the letter looked generally favorable.
Chairman Ostrowski said he was in favor .of continuance;
y q copy
Commission and static said they would provi
de copies.
m' d1e Cahfommmia Energy
Commissioner L ch requested a cn of the letter from
P
Commissioner Lambert noted that Commissioners Lynch's
comments were incorporated,
and asked if the figures and other suggestions made by the ComLnission.`were in the,
-- comments?
Staff said they were in the process of putting everything together and will be sent to
the -Com, mission as a new updated comment sheet. -Staff said "these figures swill be'in time
pacet that goes forward to the Board. 'In answer to a question by Cormriissoner Lynch,
staff said they have not received information on pestitides at this timer Staff
recommended this hearing be continued to May $4,: 1992
it was moved by Commissioner Lynch, seconded. by Comnmissioner Nielson; and
y y this hearing closed to Iv.wjr 14 1992 ,at 100-30 aim.
utmarumousl carried to Continue
,
a
Bu to nty JBoard of S
Item on which a &M, Environnxental
U and
Impact <ItePort has been prepared neral plan Am n rium Ad
4 e �, option of
a new Energy} Natural Resources, and Recreation Element of the Butte County.
General Plan to be effective County -wide, The Element contains goals; policies,
and implementation measures that will guide the development of energy and
natural resources in Butte County and promote recreational opportunities
throughout the County. (File 89-44A L& B) (DRH) (Continued closed from April
j 9; 1992)
Staff Commission it i d,sacisfiedr from the
State Ener Commission. Staff
. g1'' said the Energy'
e progress made to this point; Staffsaid there is no
reason not to send this item forward to the Board,
Chairman Ostrowsld said he would re -open this hearing on a limited basis to receive
Spec ific information from Mr. Camenzind regarding his request to table the Energy,
Natural Resources, and Recreation Element
Louis Camenzind Jr. said the Element should be tabled or denied. He said this item
should be tableduntil the County has sufficient funds
to implement they policies designed
in the General Plan amendments'. He said the way the policies are wztten, it would put
the miningindustry try at ;a completestandstill in .Butte County, He saidthere are enough
law's' on the boots today, i.e., environmental laws, State and Vederat. laws, etc.
-Staff' said the Natural Resources andRecreation Elements are mandatory Elements of
the General Plan, Staff said the Ener Element is the
Energy only optional part of the
Element. Staff noted it is the State Energy CommissionRs :funding that is paying for the
General Plan .Amendment. Staff, said the Countyhas a responsibility to the Energy
Commut
ission and. to the- public and the County needs to comply with State laws.
Mr. Gainenzind discussed adopting. a General Plan and its laws, Resaid there are only
% mandated Elements in the 1
P an, Le,, Land iJse, Mousing, Circulation, Open Space,
Safety, Conservation, and Noise. He did .not dunk the Natural Resources Element was
mandated;
Staff said an Open Space Element is mandated and this dorumrntwill serve that
purpose,
Mr. Camenzind said mining i not "open space".
The hearing was closed.
Commissioner sLambert said it is time to :move fotward with thus project and there will
be b ortunities foo the public to comment at the Board level,
Bl�`f'TE PIA tG COMN ISSIt 1 itI�TU7,Z�5 MAY, lld 1992
r ,�
13�1ite COUntV $tlarri of C,r,�...► '
,.orS - Item on which a draft Environmental
LIPPact Report has been prepared and _General Plan Amendment Adoption of
a new Energy, Natural Resources, and Recreation Element of the Butte County
i
l general Plan to be effective County -wide. The Element contains goals, policies,
and implementation measures I that will guide the development of energy and
natural resources in Butte County and promote recreational opportunities
throughout the County. (Fits$9-44 A & $) (DRH) (Continued closed from
February 13, 1992)
a Staffsaid the document has been discussed, in some length, and the Commission, if
ready, can at this point, adopt a motion or viotion of Intent to move this hearing.
forward to the Board. Staff said it Was up to the Commission whether there are any
reasons, on a narrow basis, to re -open any part of this hearing:
Commissioner Matson'said there is nothing new and he did not re
this hearing, commended re -opening
j Staff said there Was a comment made by the Commission, at the last hearing
regarding
up -dated information on deer herds. ,Staff said, with a closer reading of that section, it
talked about information available "such as" the items listed. Staff did not remove those
' references because; is informational data. that will be used, 'however, staff can. add
this
other- information as it, becomes available:
Commissioner Lynch discussed the section that_refers to 1977 information for figures on
pesticides. Ike said it should be omitted and new information should be used Which is
available from 1990. 'lie said he talked to the Agricultural, Commissioner"s office 'and
there should be available information through them. or the State. Fife also did not feel
had requestethere Was d. allref to open any dart of this discussion. Commissioner ]Lynch said he
�i references to Transfers of Development Rights deleted.
Staff said on Page 2, 113 and 1.6, in, the right hand column the references to Transfer of
Development Fights has been deleted.
Page , a p
Cqt g ssiotter Lambert noted a correction on Pa e. 2 last � aragrapli right-hand side,
f
Chane ''Made'' to "made"; and on Wage 5, delete the penod after. ''habitat" in the 3rd
paragraph on the right-hand side, Commissioner T,ambert said on Page 6 3rd pao
ragraph
it refers to developers shall be educated". She: said it was her understandingthat the
word '"educated" had been changed to "informed",
Chairman 08troWski requested staff to change the word "educated" to 'bf6rmed on Page
Commissioner Lambert said on Page I L the setbacks mere cut drastically. She said ishe
Was riot against the r Affibers, but feit the Commission should ask other agencies such as
c,
Air Pollution, Agricultural Commission, Agricultural F.xterMion, etc. their opinion on these
setbacks.
Staff said, in 'past years, the Commission decided a 100 ft. setback adjacent to an orchard
was appropriate.
Coinmissiorier Lynch said the Commission set a precedent in Durham on a rezone
adjacent to a'working orchard for a 100 feet setback. He said the setback ':rill be at the
expense of the developer; He said the suggested wording for "not less than 50 feet with
a hardship" was to allow some leeway.
Staff asked if it was the intent, of the Commission that all hardship cases be: reviewed
by the Comanission. Staff said this would mean on a Parcel Map, a requirement of an
80 ft. setback would have to come before the Commission. Staff suggested deleting the
words "by the Commission". -
Commissioner Lynch wanted the wording left in. He said anything less than 100 ft.,
setbacks would have to go through a variance process.
Staff, said if this becomes a policy of the County, the implementation of this policy
should be the responsib li;y of the agencies administering various sections of the County
Code, Staff said there are- other agencies,- that have projects Ahat do not come before _-
the Commission, that impose setbacks & standards; because it :is the policy' of the County.Staff said policy statemeint`r should not become ordinances on their own. Staff suggested
that, at this ;point, the Commission should not determine what process will be used. If
the Commission wants the "hardship issue" to come before the Conunission, let the policy
read that way, and the unplementation will come later.
Commissioner Lynch said he wanted the issue to come before the Commission. He said
the Board iso not as focussed on .land issues as the Commission.
Staff suggestedpossible wording Such as "the County shall adopt ordinances adding
agricultural setbacks to the Zoning Code and the Subdivision Ordinance'.
Commissioner.
She said he rest of the problem twill bee + n 100
suggestedad 'hese setbacks shall be at least
feet," P handled later,
Staff said this is correct:
It
was the consensus of the Commission to agree with the above suggestlori by
Corxmiissioner Lambert:
LAfitN NCS Cbl 't 's, 0 1 NUT S li t 1992
Id
'I
Commissioner Lynch made a. correction to Page 12 2ndparagraph ,on the right, to
change "Nfilt Vickers" to "Milt McVickers".
There was a correction made to Page 13, 3rd paragraph on the right, to put parentheses
around "NEW". and on Page 15 add ")` to the second paragraph on the right after
"NEW".
Commissioner Lynch discussed the 8etbacks.on Page. 13.
$taf£' said the Commission is dealing with policy statements. Staff said thQ County can
not. always apply policy -to all situations. ,Staff said, on many. )ccasions when. staff :has
}drought projects forward to the Commission, the analysis has referred to more than one
policy, where one policy taken by itself is not favorable toward the project; there are
other policies to take into consideration:
Commissioner Lynch said he was told thatthe policies have the force of law. I3e said
this comment was .made, at a public hearing, by the Consultant. He was concerned that
staff "was .now talking about setting policies aside:
Staff said they look at different. policies for. different situations. Staff said they have to
look. at all factors, choose which apply to that partic-alar situation, regarding the project.
Commissioner Lambert discussed the mining of prime land on page 4. she asked why
the limit to Class 1 & 2_ soils?_ It was her suggestion to omit the Class reference.
Staff said from the standpoint of the LCA contract and some of the policies regarding
preserving prime soils refer to Class I & 11 soils.
Commissioner, ,Lynch discussed the j�urpose of the Class. He said it N as because the
original draft Element said "the C&unty shall enact an ordinance prohibiting mining
acti
vities in areas of prime agricultural Class I and II soilsanti Williamson Act Contract
rand." He said the way it is written would prohibit mining activity in any Class 1 or
Class .II soil : Wberever it exists ,in the County or Williamson Act lands regardless of the
sail. He said his suggested' change was to consider possibilities and under some
circumstances the County would allow; by Use Permit, mining in Class I and u, soils and
leave the, Williamson Act lands out.
Coixunissioner Lambert agreed to leave the statement as re-vvritten.
Staff said, regarding implementation of policies; that in the existing General Plan it
States: "`I�owever, because our desires for the future are so numerous, diverse and
idealis it, some conflicts between policies are unav1.oidable and to be expected. No one
,policy by itself should always determine County action; decision- makers moat consider all
CWNTY l'�Itt Ni NCl tr`S Marc
ButeQ>Zn Board of Supervisors Item on vhich a draft. Environmental
Impact Report has been prepared and r.�. eneral Plan Amen ment. Adoption of
a new Energy, Natural Resources, and Recreation Element of the Butte County
General Plan to be effective County -wide. The Element contains goal$, policies,
mentatiorl, measures that:. will guide the development of energy and
natural presources in Butte County and promote recreational opportunities
throughout the County. (File 89-44 A & B) (DRH) (Continued closed from
January 23 1992)
Staff said that since this meeting has been closed, they have received correspondence
From North Valle}r Center, restating their oral testimony and the Department o'► Fish and
Game, who agree with the provisionsin the original plan and they have received
Commissioner Lynch's written comments,
Comnaissioner, .Matson said in reference to a magazine article that explains President.
Bush. could cut capital gains taxes.. He quoted a paragraph form, the article "Regulatory,
agencies creating laws where no statutory laws Wst, the :EPA has misused Section 404
of the 1972 Clean Water Act which forbids dumping into the navigable: waters of the US"
to create a regulctory of vast wetlands preservation program. He said all of a sudden
farmers have found productive bottom lands declared to be protectE,d wetlands of the
United States. 1 -Ie said he thinks 'that some of the inferences in this subject that are
referred to are inappropriate; just as the article stipuiates.
Staff said the appropriateness of many of the policies have to be balanced against what
existin st2atutes and case law require at, this time. Staff said, at this thine, the regulation
.g
the Comrnission cleals''with .have to recognize the wetlands,
Staff noted that the Uniform Bu.tding Code (UBC) does not contain energy and
con;,ervati.on requirements. Staff, said the building energy efficiency standards that have
been adopted by the Statehave added to the UBC. Staff said the: energy efficiency
standards are in effect throughout the State.
Coi�Lmissioner
Lynch started the discussion on his written; comments, lie said most of
his c P
dmnnents are self' exlanatorr x,. ` e believed, that the documeftt needed to have a
disclaimer added as shown. on his sununary under 2 = 2 'new).
i
fE, Cr?uN"',,L'rx:,(�3rS5ONi�tt�'Eeb�ua lF4�
i� JE
vested interest_tr 'the `accesS in anX ilcklu[t ii►vuiv►uiY 4uvc10c. 4v...�...,u.�•v.,.
Commissioner Nelson gave his reasons for not agreeing with Commissioner Lynch on 2 -
2 (NEW). He said if the public; wants to establish a greenway or do something for the
public good through someone's property, this addition says that can not be done and he
could not go along with the addition. - -le said if the public wants to buy a, piece of park
land_ or something like that and maybe e.cpand on it; and he thinks the public Wis a right
i
pof property, if, it is reasonable.
.o go in and condemn that piece,
Commissioner Lynch said Commissioner Nelson was determining in legal terms a
negotiated access, and it may be a,
forced access if it goes through condemnation
proceedings and someone is paying for the access. The public agency is going to have
to go o court, to prove that this is for the public good; He said the purpose of this is
because ,of the concern if the. County owns a piece of land, i.e., riparian habitat, to a
good i"fishing hole, and under one of the Elements proposed` it is determined that the
public .has a right of access to that fishing hole, which could mean that the public has
to cross a mile or sL. across someone's private property to get: to that fishing hole. He
said if the County ��7ants to negotiate an easement to do that he would agree, but even
thou there should be ublic access to recreational. spots, does not mean 'the public has
a, vested' right: to go across someone s private land 'to get to that spot.
Commissioner Nelson said iti this -8the intent of this new, section, he would concur;
2 S. (b) [ADD] No facilif the type named in this section shall 'he pernutted within
10 feel a of an exi ting co enem on_facilit�t_
Commissioner Lynch said on Page 2 - S (b) (add) he said this should be added, He _said
the CornmLosion ,needs to look carefully at this. It was the consensus of tliie Commission
to add, this.
' arkn s ace re uirements shall be flexible
2 W 13. (112-612) [N 1W] Individual and tot p g p a
inmod tte Savin existing_' 'n .trees
10%n id red a par
of re u�red 1 ndscaein n-site to be dey
elo ed e;c�sti
shall be cos s p It a o.
- 14.g_ublie -t rklft (3,12-15) [,A I D� 'Within established teal;
e gment�
On Z - 13 Commissioner 'Ly,ich wanted to add 3.12=12 regarding paxking places; It was
the consensus of the Corritliission to .add. this, �Coinmissioner Lynch said 14 (3. 2•
w ... _.
,r
Irk
Comm �iutxl�tJx�s l., .r I•<
r, rs
! 15was addeu
and .pertains to thefirst addition he suggested. It was the consensus of
the Commission to add this;
2 - M (4.2•4 (a) Trust ands [DELETErChe Coun d esn't need this.
---� o
Commissioner Lynch suggested deleting this Section. He
said this is .regarding rusts'
and the transfer of development rights.
Commissioner Ne
'
lson said that trusts have bden used'
on several occasions; and if there.
,is a need, it should be encouraged: - .He said there are, times when a trust. is the only way
to. hold a piece of property, it was the consensus of the Commission to investigate this
58Ct10II.
2 - 16 (4.2-4 (b ; '
t Rigbts [I�ELE'TE,j
< ) ;Transfer of Develonmen
` Commissioner Lynch suggested dettting this section rights, regarding the transfer
of development
Commissioner Lambert agreed with keeping the .section an trusts, but agreed gr with
Commissioner Lynch on deleting the section on the, transfer of development rights.
Commissioner Lynch said the Commission has asked for information on both of these
Subjects in ,the past and' has not :received the informati4�n to date, He said it �i�as his
belief that iEransfer of
developme�at rights would just .*nak:e work for the courts,
s am ool•oo',E deasson said a Genesi. Plan is never Implemented 100%, a General flan
Chairman Ostrowski suggested changing the word "develop" to investigate`;
Cominissi to Lynch was not that concerned with the trusts but raid want i
to delete
Commission., of de,Vel6pment rights, and this was the consensus of the
reference to the transfer
2 16 (4,2-4 (b) (NEW) l'Qoun ' shall enc
A cul iral (" m w -ria. a coo,Deraticin of all agencies_
-- –. ��s att—e Ah 0ncoura in nrnri„
inciudin g-g----'Ve existing smaller n�rcel�
cre and d tn. arahtin� hwner/an lcat;,ri n
r nter y tnitP g--...
---_ t-not h
lar er
r ,
It was thn consensus oi` the "Commission to add this section,
2!16 433 _ ,.
C (0 mow) �. Aftet a brief discussion it was the Con1tn155i6ii's consensus
to add this section, adding to the end:.. of the first 'Se, ntence ".Qr ! t� her medicinal trPPS ,
ti.i4]itYivV 1 ✓.r # W� N ,....wi„ ' (=va-i• YnVwa. ,k(rwrv.n
_,
ENERGY
3 - 11 (3.5-4) Cogeneration fagila_,ties. ADD ,.,nor shall nein Seri idug- uses b
permitted within 1000. feet. of existing facilities -
3 - 29 (3,112-12) Landscaping commercial development ADD Individual parking
ace size and number ofate ving spaces required shall` be flexible (within +/�Q%a� to
accommodsa-existing, trees on-site to be developed
( ) i.e.. Butte CountX "ransit
3 � 30 3.�2-1"i NEW Existi;�g transporiatlon facilities
should evalua°,� .r utas and schedules to maximize ridership .for both occasional riders
and commuters; Connections and stops should connect with inter -County itransit
Cr hou*�.d 1;�erever nossi le. and connections should also be made to Butte C< lle
3 - 30 (3.12-20) NEW founty should require off pavement CHP approve +lchool
y e i y hnc�l district that serves the development area,
1 _..
re ues ed b sc
NATURAL Ui\t"fL RESV U RCEs-
4 - 14 (42-1 (b) NEW The County shallre 'ire a ricultural easement tack
in. new, developments adiaceist to agricultural uses existing_or potential eks
These metba
shall be at least 100 feet but in ca1. ses oi' real hardship may be reduced by planning
Conuriission action to _ no less than SO feet. These setbacks shall be entirety at the
expense of the new dyelopment and not at the expense of adjacent agricultural land
4 - 15 (4.2-4 (b) DELETE see summ., ary
4 - 26 (4;3-3 (b) ADD Implement a .requirement that:
any--ld proposed for
-and pop
timber harvest: be surveyed for presence of WesternYew Trees and requirement that
provision be made for harvest. car preservatof ew trees for medicinal or r oa tion
purposes;
p�� g
Commissioner Matson said regarding Page 4-20, first paragraph on the top left hand side
Where it states "Individual Counties can request the Board of :Forestry adopt additional
rules and regulations for the Contract timlie to
put, specifically in the implementatiber harvest plan". He- said he would
on ;section, that "County shall. request Board of
Forestry to adopt: Couhty rules and' regulations", He said this suggestion was because of
the trouble the County had on Humbug Road; where the road conditions were ignored,.
Chairman dstrowski suggested a change from "can`' to "shall" under the policy
,� . p Cy section on
Page 4-2L nor later.
Staff' said they would make the change to "shall" and make sure the change is consistent
throughout the document.
Q - 40 (404-11 & (a) Mining in gregas d prime agriculhiral soils REWRITE �i�tX
hall c nsider carefull, the mos and iron f.a.11ow�`ng mining activities ih areas oe t)rime
grctlt��ra -land; rrsaintenance of a .,ic
gr f rad `roduction should he fir t c ora `i n
4 » 47 (4.5.2) NEW rnd�+aster:: h 1 of e extorted from ttie nuntti,
><31 tJ C,OttN�Y PLr�Nl 2 G comil:TS'Fyt+ i "
t .
3, ButteC,ounty Board of Su rvisors . Item on which a :Draft Environmental
y
Impact Report has been prepared and General Plan Amendment Adoption of a
new Energy,..Natural Resources, and Recreation Element of the Butte County
General Plan to be effective County -wide. The Element contains goals, policies,
'and implementation measures ;that will guide the developmW of energy and
!. natural resources in Butte County and promote recreational opportunities
i
throughout the, County. (File8944-A&B) (DRH,) (Continued' open from January
9, 19.92).
Staff said that the reason that this hearing was continued was to allow the public time to
review the document. Staff passed out comments from the Environmental Health Dept.
S`aff said that she received a call from Fred Brooks from the Recreation Dept. at Chico
State and was told that his comments were delayed and would be sent as soon as
possible. Staff said. Mr. Brooks concern was primarily with the specific language on how
various improvements would be funded.
' Chairman Ostrowsk sryid that the Commission received a memo from the Butte County
Citizen's for 'Responsible tand Use Committee dated January 22, 1992.
.The hearing was opened to the public.
? Patrick. Kelly, Chico, said. he feels ignorant of the issues that are going on, He said he
has concerns and did not :know if the Commission is addressing those problems. He said
he is concerned about fires and with the -small roads that lead ;into the mountains where
there are houses.
Commissioner Nelson said the fire problems are being addressed in 'the Energy, Natural
Resources Element page 238. He said the Commission is trying to address.. those
problems.
Howard Galliett read his letter from 'the Butte County Citizens For Responsible Land
Use. He said the committee disagrees with many of the things that appear in the
Energy; Natural Resources Elements He said the understanding is sketchy' and that the
j 1 Po P l rty , y ,'v be devised before
impact is so rent u n ra owners that a different s stein has
these statutes in effect are adopted, He said the financial interests of the public are
going to dictate some changes:
Cindy Shoves asked that a condensed report of the Energy, Natural kesources Element
be made available to theP ublic. She stated that a summilrized repi rtwould be easier
for the public, to understand.
O�f Mt ii ''
Tom Barrett, 'North Valley Center for Appropriate !Technology said 4 ,bviewed the
draft Element and sees problems with the Energy part of the Element. He said the
goals promoting energy conservation types. of existing and proposed development is not
addressed in the policies and implementation measures. He said the objective for goal
TV is to adopt an Energy Conservation Ordinance. He said the Energy Conservation
section has basically been eliminated and it stated that t!Ie County should adopt the
Uniform Building Code -and adhere to energy conservation measures contained within.
He said the Uniform Building Code does not have any models or any energy
cons►,rvaton elements to it, ever. though the Energy, .Natural Resources Element .refers
to using it, He said the City of Chico implemented a Residential Conservation
Ordnance and feels that Butte County should also, He said the main goal of the
Element sftould 'reduce the Bost and hardship of the 'people' of the community+ �3e said
the 18lement fails to include energy conservation in existing public facilities. lie said the
Energy Elefnent: could be condensed into 2 or 3 different recommendations. !rte said the
Subdivision Map Act, Section 66473.1 requires similar things that are discussed in the
Element. "He &-, id it doesn't promote production of energy or renewable resources.
commissioner Nelson said the things that are being addressed in the Element are more
�L
energy ordir,mce related.
Mr Barrett said this Element should promote the use or sufficient use of energy, energy
conservation and the use of renewable energy resources. He said the Subdivision Map
Act ,requires all homes to be oriented to maximiZ6 the effect of solar for heating and
. the Subdivision Nia r�. uirements.. � p � actually -
cooling.s sterns. He d he -has seen Very few laps -in Butte County- that ac uses
Bill ,W-ils4 n said the Corftimi n does not respect 'the r;hts of the pvoperty owners. He
stated the Cdunty does" not °need any more regulati6ns.
Rod Weyand, manager of Feather River Re.. Ation and Park District, asked the
Commission to get the Energy Element expcdited. He said the only concern he has is
that he- doesn't thine that the Element is complete: He said we need an Element ar!l
have needed one for several years, lite said this one can be worked on later, 'but it does
need to be adopted: l`Ie said the one' area hie Wvould 'like to address concerns is thf: topic
of Regy ionat Count" Coordinator .for Recreation, He said the Recreatio7 Distracts should'
be part of than t bordina6on, lin, said if should be more of a eommittee oriented type
situation,, ':
The public he2u`iing was Closed.
Chairman 0stroWski said the Commission hasi, sp.ni a lot of time hearing this element
but how the,
V. need drscussron on tha conde6nsed,
doetrnent ;13e mid he agrees, that
version should bd n►ade available for the publ,�c;
(L�.H.c;
44
}yb4}
199
i
r
r
i
Butte County Boprd,Q'.upervsors Item on which a Draft Environmental;
Impact Report has been prepared and General Plan Amendment. Adoption of
a new Energy,'` Natural Resources, and Recreation, Element of the Butte County
General Plan to be effective County -wide. 'The Element contains .goals, policies,
and implementation measures that will guide the development of energy and
natural ,resources in ;Butte County and promote recreational opportunities
throughout the County,, (File 89-44 A & B) (bRH) (Continued open from.
December 12, 1991)
Staff said the final draft copies of the, Element have been ;received and. distributed, Staff,
s-ud there was new language information submitted by the Fire Department this morning.
Commissioner Nelson said he received, a call from John Merz, who attended the last
meeting, stating he had not received a copy of the final draft Element.
Staff said the -document is available in the libraries.
Commissioner Meatson said there aro specific trails, such as in the UpperRidge
Wilderness area; that have bc,: n omitted :from this document.
Staff said there are places. in the document where tables and other items were not putt
into the reprint,
Commissioner .Nelson asked tate `:procedure far obtaining this document as a member` -of
the public?'
Commissioner Lynch asked also, if someone wants a document; that; is upco ' g on an
issue like this 'ore, how would they be, notified that the doeurnOct is ready?
Staff said it. was their understanding that Mr. Merz was representing the Recreation
]District and the District was sent a Lopy, and other persons woiilld have to contact the
Planning Department
Commissioner lambert asked what the procedure was for this Element now! She
waisted 'to ktiow if the hearing would be closed and the iCommissioners allowed one or
twoclosed hearings to discuss this matter?'
Staff said they, need .input on errorsthe v� ssions in the document. Stuff said they have
reworded policy statements witb i_ us sections, etc
°i`he 1 e aAbg,Was opened to the ;public:
%.ave Wells, CA"'$ said tin the, latest revision, under Recreation Page 640, policy and
lmplementdtian procedures Zt recogi i overlapping Jurisdictions in the Cour,tty, He
.said`it waw important to note that it fs indicated in this drilft,that, the `County should
sdwd as a regional coordi'vator ',for ,'recreatlanal 'facilities He. said; th,4, might be too 1
y1 q
K
in -ch for the County to handle. He suggested the County might want to form a joint
Council within. the Count,;. with representatives from those districts 'that provide the
recreation services at this tome., with a representative from the County to participate. He
said on Page 6-I11 it, indicates the County shall adopt a County-wide Quimby Act
Ordinance. He said CARD already has this ordinance in place. 'He said all the agencies
should cooperate; in setting the fees, but the Quimby Act is Sometimes vague on how the
fees are set.
Staff said there i11 be a public bearing at the Board of Supervisors on this document
and more time for further public input.
Barbara Vlamis, Butte County Environmental Council, said she has not had much time
to review this document. She submitted a, statement to the: Commission. She discussed
keeping this element open for discussion: with the General Plan. 'Update going on izt the
County at this .time. She had several questions on, the document, On Page 2.10, she
asked if the material that was crossed out was in the Uniform Building Code?
Staff said the measures were much too specific and it was decided by the Commission
to delete them because the Commission did not want to override the Uniform Building
Code.
Ivis. Vlamis discussed Page 2-18 - 4.3 3(a) "warranted", She asked how this is
determined?
--Chairman Ostrowski said this decision should be rrade by the Supervisors. --
L i r
7 � County?
Cominiss�aner Nelson asked who's ,'unstltctton this was under the State o
Commissioner Lynch did not know.
Ms. VlamYs discussed Page 2 20 - 4,4 1 - Mining. She asked how the Countydetermin .s
whether 'a mining act is compatible with ueighbotiq parcels or not,
Chairman 0strowski said the process is:,It plane with conditions attached to the projects,
Staff said this Element is a policy document and the implemepta't on of thepolicies will
follow. Staff said the State Mining land Reclamation Act is alWays in a state of change.,
Staff said; this is 'a statement, and that standards would lie included in the_mining
regulations.
Commissioner Lynch said pWople could not apply general policy statements with a specific
project
Ms: Vlamis thought the document should be more specific about what choices the
citizens have over what is being put in their area.
Would be covered iNithm policy
ordinances., would beto St ff said `thourage at thee, :t blic '1i - Ards
'p g ,
regarding modification or eevocati"n of a permit, could also request the Corrimissit}►n or
Board to initiate the imodifi I 601i or xewcation of the permit.
. lis��".�u.'""'4'
r was Lt s:l ;. d
Y
Commissioner.Nelsen said theolicies eneoura e. '
P i
meet the standards. g$: but the project would have to
Staff said the General Plan is a policy statement, encourages resource use; thein specific
zoning, which designates areas where this should occur:
Ms. Vlamis discussed Page 2.29, and why was the top of the page deleted?
Staff said information from Fish hr,
d Game indicates that dog control ordinances related
to Fish and Game management is something that would be legally available at 'this point:
it" to "Ms.
She asked if the County (here was a language change from"shall do
Ms. Vlamis discussed 2-49 7,5-2 She said
my was trying to keep `the document vague?
Staff said the original wording said the "County shril discourage under strict urban
development". Staff. said the addition wqs to setup
the mechanism as to hove the Coun
ty
would do this by the adoption of an ordinance:.
generation • , g language of "Industrial applications for
Ms: Vlamis discussed Pae 3-11 3.5 4b, the
they be lowed?ie� not rc perrm,tted , She asked under what conditions would
P gmight
-- -
St -food
be compatible and some wf.11, not. a co -generation plants Stiff said same
' a Food rocesssn business iia ht want.,
saad
Commissioner T ambert suggested hawing one more. open public 'hearing because of the
tate deLvery of 'the draft EIR and that some -'of tlae agencies have not had a chan e t
-review, g o
Chairman Ostrowski said there will be ample opportunity for the public to speak at the
Hoard of Supervisors public hearings,
Commissioner Lynch said he was willing to have no more than one more ublic hearing,
but Then he would like to keep the dp
iscussion among the` Commissioners,
It unanimously
moved by Coinnussioner L ch y seceded by Commissioner Lambert, and
Yn
nimoust carried to continue this hearing .open to January23, 1002 at 10:30 a.m.
4 r3kJ.+ ` bi✓!r".; i lil'r Y.i+'r+ti
71
Butte County - T{em on which a Draft Environmental lmpac{ Report has been
Prepared and General Plan .Amendment. Adoption of a new Energy, Natural
.Resources and Recreation Element of the Butte County General Plan to be
e
effective County -wide, The Element :contains goals, policies,, and implementation
- mt�a;;ures that: will guide the development of energy and :natural resources .in Butte,
K
County and promote recreational opportunitics throughout the County. (t- i.44 59
A B) (Continued open :from October 10, 1991) (DRHj
i
Staff said the projcc t was continued open until this date because they were `waiting
for the completion of the _Final Draft Element and the -Final `Draft`EIR. Staff
said the Final1) f,t I.R, has been received, but the Final Draft Element has not
been received, Staff Mated their recommendation is to continue this hearing open
g g
s
to: tl�e December 1' ;Plann�n Commission meeting at the 1i3Q time period..
Commissioner
Lyncli asked if a whole new Element will be received?
Staff said they think it will be a whole new Element.
Vere was a brief discussion on the format of the Element
The heaving was opened to the public.
14arold Galliett representing the Butte County Citizens for Responsible i,and TJse
stated the advertising for this hearing and project was incomplete. Reeked that
Open Space is a major concern and he does riot believe Open Space has been
mentioned in the advertising.
Sohn Merz, 1641 Oak Park Avenue, Chico, stated he was disappointed at the
filither dela}F in the review of this Element,
He ;said he ants to be ,notified'
When this document is available. He said a riieeting was held in Chico to discuss
the .;update of the entire General Plan, .1:Te said he was concerned because the
Consultants said they would not incorporate: the Energy, Natural Resources and.
t Recreation Element into the General Flan 1Jpclate, but only review it , He stated-
he was also 6oncernect about the format of the Final Draft Element because a
clear; specific document is needed and {
"understand. ypically, (hese are hard to read and
y `text 'of the Element would be ncarptIrated ,into
+Cornnutsstrfier Nelson asked r:f the
;he Ghneral Plan'?
Staff sated thi's Element would be a part of the General Plan, Staff said the
Consul1tants would look at f his Element AIhd incoi j�rarate {he oli statethents and
p cy
the o , jectives, etc. unto the Gt;ne
ral Plan where the in -nation belongs, but 'it
would mot
bP, modified.
odit
i �' + ► ..
6i��
Ralph Westerman, 3306 Milky Way, Biggs, ,sa;s he has been corruing to every
meeting with this Element on the Agenda since July. He: said it has been
postponed every month. He said his suggestion is for the County to bet this
F ' •
document ready, re -advertise it to the public when its ready for the public to
review it,
and then hold a public hearing, on it.
Rod We Yand Manager of 'fhe Feather River Recreation and ;Park Distract, said
he would, like to see this Blenient done. .ETe said he would like to be notified
Y
meetings noadva advance. He said this isan important uld Ike to know the intent of the
g document and, although he
does not agree with all of
District need now.,it, there are some things that the Recreation and Park.
.....
Commissioner Felson said he believed the Commission would be dealing with and
talking about this issue today. He said he wondered if there was any, way to put
the ;intent of the meeting on the Agenda, so that the Commissioners and the
public know what the intent is:
Comnlissiorier i.arrtbert said she {ould -like the project to be on the `Decertibo-t
Agenda knowing that it will be continued to jafivary. She said by the .December
12th meeting it will be known whether the document, has been received.
CoMI'mi3sioner Lynch stated :that although the :itetri has been on the .;Agenda for
the Bast. six months, the Commission has only been able to listen.'to staff, .He said
they;have not had anopportunity#o discuss it, 14e said it is Jimportant for the
Commission to have time to tall:, about the isiies and not hush to the vote.
It was moved bYCommissioner Lynch, seconded by Commissioner L►imbertj ;and
unanimously earned for approval to continue this liå open to the; Decerimber
12, 1991. Phlnning Commission meeting, Commissioner Lynch said the .item Would
be put on the Agenda for the January 9 1992 meetAg and that no action would
be taken until then, provided that all the dbctitnents J,�ave been received by then,
and the Commissioners have had at least two weeks 6' a to review them.
'�,�Li i�: nvLV� `�, i tV•Y X 4F`i,t !fix s'xoN14'iT, Tz8
1
g��J*
No