HomeMy WebLinkAbout84-45 MOOSEBERRY/BURREU GPA/REZ (3)r:
BU-tteian v B_12arff. •Sup
_d oervisors - Item on which,4�r Draft Envirohtnental
Impact Report has been prepared and QeneraI Plan Amendment. Adoption of
a new Energy, Natural Resources, and Recreation Element of the Butte County
General Plan to be. effective Countywide. The element contains goals, policies
and implernentatiort measures that will guide the development of energy, and
natural resources in Butte County and promote recreational opportunities'
throughout the County. (File 89-44A & B) (continued open from February 2$
1991).
Staff said this iteni'Was c
1,ontinueri to allow time to ;receive comments from the Cities, and
ark Districts.,
Staff submitted comments received. from the City of Oreville Staff
sum the Comnussro.n accept', comments Today on the EIR, close that portion of the
,> ggested
hearing, and send •the continents and ETR back to the Consultant ,for a response to those
comments. Staff, .sla itecl the .hearing be continued to Tune.
The hearing vias opened, to the public.
Melody R.Kercheval, PG&E, submitted a letter dated April 9$ 1991, listing 11 concerns
PG&E has with the draft Energy, Natural Resources and Recreation Element. She briefly
discussed the need for transmission li,ies and substations beingallowed to allzones. She
discussed recreational facilities being developeii in, conjunctiowitty PGr iE hydroelectric
plants.
C- F i s?
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Commissioner L'�rch asked staff about the laws regardingtransmission lie,
n
Staff said it is not the intent of this element to supplant any existing laws; controls and
rotections, ut, to coordinate them, so everyone the Element front
w act like a Gear ngilou hat will
b ry P
be expressed by the various agencies. ,Staff said se
to gather the data and make it avaiiable.
. i would happen if PG&1 r wants power to go frrom the
Coramissroner Lynch asked what
Table fountain: Substation to El Dorado County and it involves the construction of a
new transmission line, with PC &E dealing With the Public 'Utilities Commission to
determine the best placeto put the lines; does the Element have any say? PIe said
according to staff the project would Comer back to the County, Planning Departmetit for
input:
Staff said this is correct: Staff said when the County rias looking at an inter-tie several
years ago there was extensive documentation as 'to the different routes the lines could
y aeon,
takes and the Plana ing Department e6mmented extensive. on this docutrent
;1
Commissioner I.yYich rvantecl to snake sure `'the 'Co
nuaiis5ioia and PGCE are intelrpretin ,�
the la*: the same, He wanted to male sure tlrnt'he understood correctly, 'drat the, fits:
d dSr,on' for tyratism ssionr`X neS iswith'the C'l`1C with moat fibzri the County: Staff skid
.thi& t5 ddtrdct+
ti' ti'!fririautlri t�luxtpi1
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�.ommrssioner d.ambeit, slteti if'.the O en S .ince act of the .1�ement was rewired?
Staff said the Natural Rdsource Element is also a required Element:
Commissioner Lambert suggested that Open Space be added to the docume
nt's title;
Staff said Open Space could be added to the title, but it is understood
replace the Open Space Element as well. - that this 'will
Commissioner Lambertsaid ,she. Wm Still concerned with the definitions of Land T
and Transfer of Development Rights. rusts
Staff said the information. received today concerns tht: environmental documen
other concerns should be, handled wit
h the Element discussions. tan ,F the
xp �� tt . �t '
Commissioner
ane explanation anatyons t Bland truststaff to "
the con, ulta�nt to address these .concerns
regarding and transfer .of development rights":
,Staff said they would be happy to.do this.
Commissioner I aunbert discussed the floodplain areas in Butte, ?`eherna, and Glenn
Counties, that' she; had talked about a_t a previous „meeting. She asited when these are
would be addressed? as
information fron the Consul
Staff :said they are requesting
egulations g g . areas taut on the. status and
;r 'rlambertt that in oavda ;3atte Coun p, Sacramento
were of concern to Commissioner,
tY nto WVer,fl lain are
Feather River >~loodplain ares' P � and including the
The Chairman
F
Closed the
environmental o
t•tion of the hearing.
Staff said requested a motion be made to close the comment ;poriioi� of the EI 2 a
of the hearing and for the C=ommission to direct staff to send comments to the+
P
Consultant for a ,response -to those comments:
er
unanrmousl carried to ,;1 Nelson, seconded bJt Contiiussiorier, Lambert and
It was removed by Cornm�ssionP.r. N
y ose the public coeniment portion nn the erivirUnmental
documents and Send ;them to the consultant for a ?`espouse.
Commissioner Lambert was concerned
with the lack of response to this Element:
Commissioner L,Ynch ryas concerned with comtients from 'the Cities, mostly from Gridle
arid -Oro lle, He said there needs to be a to examination of the S hb
p
lines.. He said articularly with the City of Gridley, tr�here there' are se eral lam Influence
the city boundary line and sphere. of influence ;line are tht same.. p s where
:
male food sense to him. He said the'County needs to take a ,looksa �"the sphere of
1hhoonce l%ties for possible changes.
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Comr iissioner Nelson said the sphere lines are the lines of commitment to development
over a certain period of tame He said if the actual development of Gridley over, the
next 20 Years is within the Sphere, and he yid not see �.riy reason to move the line. Hesaid the sphere of influence is to show the area that is untended for development and; '
show where development will occur.
Chairman Matson. said he thought the, 'Paradise sphere of influence went to Sterling City.
Commissioner _Lynch said ,on the .northeast side of- th rridley- City Sphere of Influence
line stops at the Gridley City limits,
Commissioner
ssioner Nelson said it was not nee this line. essarily bad if the City does not plan to develop
past
Staff suggested that the Commission, if these should be reviewed, send a recommendation
to LAFCo for the review,
g g , ' . id the Sphere of Influence for
Led Cage, Paradise. Planning Commission ��,'
.Paradise only
goes to Hupp Coutolenc Road on Skyway. She ,smd she has the same concerns regarding
tile iphere of inas Commissioner Lynch. She said there should be an, item.
discussing the Spheres of Influence on the, Pla<irng Commission agenda in the near
future, before the General Plans_ are adopted.
Commissioner Lynch said he wanted the Commission to approach LAFCo for
amendments to the Sphere of Influence before a change is made to :the General Plan
g
means.I� said hee�thou disagr
especially p P � ht it meaee n the Citth Comiy
u el bu on what= the sphere
ty p he County is still
More, input within it', sphere. angel nit the sphere area; and the City has
responsible, for Use 'Permits and zomin ch
Y
Cemrnissthnnks Weillsa�in flee €uturee intent of expanding a sphere is to say what
tY, . � g
'happen, that it will develop as part of that city, He
did not want to lead the process along:
Chairman 11Ia,Mon recognized Ivlr Gan ott and asked .iii i to spew.
Harold Galliott discussed the sphere maps of Gridley and the possible placernent of a
prison ift .Butte-ounty, He, noted that he is against a prison in Butte County, tie said
that Gridley and Biggs is tightly constrained by their Sphere of Influence, He did not
,feel the spheres should go too far beyond the city limits,
Commissioner La7mhert said it was her opinion that the Sence give the
pheres o£ Influ
Commission and County the dtyls intention of where they will: d4 relo in 'the future,
She !believed the s`hetes were designed 'to give djtdt ion of where growth will, occur,
AtI"fx't ItoCli 'i'
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i
Butte -COULIty Board`of Siip�rvisors � Item on which a Draft Environmental Impact Report
has been ' re ared and ��
P p .t�reneral 'Flan Amendment, Adoption of a new .anergy, Nab-*al.
i Resources and RPi-reation Element of., the Butte County General Plan to be ,effective
d contains goalspolicies an
guide the development ofd implementation, incisures that will
Colin �Yide. The Elemen onergy` and. ,
natural resources in Butte County and remote
recreational opportunities throughout the County. p
from January, 10, 1991) g Y (File 89-44 A & B) (Continued open
Shaft said the Comnussion has held. a number of Public heap• ngs, received oral and written
stihirt'�itted a memo
closed, study sessions: Staff said this was' an open heari11 jig today, Staff
+i�,tz�i�ontsy and
mo dated February 13, 1991 into the record..
C i ).Mmissioner Lambert suggested that this hearing be continued. She asked staff to ask the press
toinake more of the public aware and she requested staff contact the cities and recreation districts
ag,a n for comments because of the importance of this document:
SeXff said they would re-contact the cities and recreation districts for comments.
pp id this
Staff said.
C`azuane for whatha ens in the tand Use Element and -)cher Elements of the
nty.
d��ument will set the t
C'mmissioner Lambert ,asked that staff also contact the E
V '
arm Bureau, Cattleman's. Association,
AM iother agriculture related agencies.
,g _
S5r�. , said the Citizens Advisa Committee has been making their co
ry � comments directly to the
�' will be one more meeting of the Citizens Advisory Committee.
c00tultant. Staff said there r
C
gel � issio asked if the Committee's ;comments carne to the Commission and could he
�. or�iinissioner Felson
:Stiff said they would provide him with copift
conra:rrtiss
ioner Lynch asked that staff also contact the area Chambers of Commerce,,
'The hearing was opened to the public.
Beitg Vassar said the Concerned Citizdtis for Responsible government group understands the
docuitient will go back to the consultant and staff said this Vas correct, She said the group was
opposed to the document, She said the document has mandates in it that the County can not
stffisrd to implement, Ms. `Vassar submitted
nt for the record against this
i p said that there are.only two pages oh air quality 'and only eight pages on water
tied a whiten sta
document. She
quality in this document and she did 'tot think this Vvas sufficient. g p g '
Ms, Vassar askdd that when the
Commission votes on this document 'that there lie a call call vote.
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Darold Galliett subritYt:ed a set of type$,xomments that has been isubmitted previously in a rough
draft. Re said he feels this document will write, a blank cher
k a ainst the
ro e
g r owners of Butte
C. unty. He said foo many ideas and too .little thought has gone into this document. He said one
t(ihIng, that bothers him is the Commission's use of the word "shall" throughout the entire document,
"e said the County can not afford to do many of the things mandated in this document;
G"hariie Stump, 'T'own r'of Paradise Planner, said the Town of .Paradise Planning Department
! received the document in May, 1990 andcommented on the document on May 29, 199Q
tat: explained that the next step is to sendthe comments back to the consultant for a response
j
to comments and a final draft of the document and, EIR,
Cbmatissioner Lambert said. she would like to see this continued to solicit more comments. She
s*4d they.need to know the definition of "transfer of development rights". She said the Commission
needs, to understand what a transfer of development rights is if this procedure is going to be used..
ane was concerned with the lack of information, regarding ;floodplain areas. She said she would
Like .to see comments from the Citizens Advisory Committee:
. -
'noted,that the Cttizert.4Advtsoy Committee ivos asst ed, by the Board, to work directly with
the consultant, but that, their comments will be available to the Commission before the close of
these hearings;
It vvas moved by, Commissioner Lambert; seconded by Commissioner Lynch. and unanimously
moved to continue this item as the last item in'the 9:00 a.m. time slat on April 11, 199.1.
Staffsaid the tapes of the meetings, and public and. Commission comments will now be forwarded
toy the, eonsultant ;for preparation of their :response to comments and to make changes that were
,directed by the Commission.
Commissioner Lynch asked if the comments would be incorporated into the document?
.Staff said the consultant will make comments on the infoi::ation received; but the only changes
to the document will be the ones directed by the Commiss�nn:
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13(J' tg ICQUNT"Y P'',
STUDY 8RgSTQN - Eutte Counfy Board ofu ervsars Item on'w
hick. a Draft
Environmental Impact Report has been prepared and Sxeneral '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) (Continued from: December 13, 1990 And. January 10,
1991)
The study session started with mage ,2-35 of the document,
Se.ism`ic Hazards
Commissioner. Lambert, asked about there not being anything`'in the implementation section.
Staff said this is addressed under the State requirements under the Alquist Priolo Act.
Soil Stability
There was a briefdiscussion on the update of soil stability maps.
5.3-3, Staff suggested that "should" be replaced by "shall i
Commissioner Lynch asked on 5:1-3 if the word ".shmid"' might need to be changed to "shall'?
Pte said that the Commission denied a use permit request for a church east of Oroville:
because of seismic, safety
Staff .said, one of the concerns is that almost all of the County zones allow public/quasi
public uses, ix, schools, churches, etc., through the use permit process. Staff said changing
this to "shall!' might require the County to do wholescale rezonings. Staff said the only j
known active fault in, Butte County is in the Cleveland: bills area:,
N .
Commissioner Nelson discussed talking seisYnic activity into consideration when putting
requirements on buildings,
Comtnissione'r Iaynch said there should be more stringent building codes in earthquake areas:
said that. when talking about known earthquake areas it would trigger`the Alquist-Priolo
'Staff` �� ,- y ... ,�, . _
Act r ulatlo;dis. Staff said what the ndt;d is the clarif'i'cation of what an ac�,ve fault area is
so' that it reads properly Sfaff said 'they would work on changing the wording so it is clean
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Soil Stability continued:
Commissioner Lynch asked if there should be something in here onsite development where
it should be on stable soil instead of landfills. He said if developments are in a land fill
area the soil needs to be made stable first.
Staff said while processing tentative parcel mapsand subdivision maps, in areas of certain
soil tyjpes, the applicant is required to provide soil analysis. Staff said the building codes
.require engineered fill for building permits in such cases.
Chairman Matson said if a person is using a septic tank, they can not develop on a 30% or
more slope .area and this will limit where people can develop.
!.Commissioner Lynch was concerned with building on a land fill.
havesaid
the building codes are always evolving and being updated, and, therefore, the codes
standards that reflect current technology.
Commissioner Nelson suggested there be a sentence added to recognize this as a problem.
B'ire Hazards
;Staff said the Butte Cou
my Fire Department .is currently, looking at revisions to fire codes.
Chairman Matson asked'if staff has heard the results of the forest service meetings last year
where they talked about access roads and clearances?
Staff said the County has received the Fire Safe Standards that have been adopted by the
State .Board of Forestry, but they have not been submitted to the Office of Adnunistrative
Law and the County has requested an extension of time to duly 10 1991, in which to send
the County standards to the State to see whether or not the County standards are going to
comply.
Commissioner Ostrowski discussed what is considered flammable vegetation. He said when
any vegetation gets hbt enough, it Will burn. He suggested in 54,1(b) that the word "pir►e"
be eliminated as there are other types of needles in the County,
Commissioner Nelsen said he thought the intent of this is to "talk about vegetation such as
hfanzanita, etc.
Commissioner Ostrowsk ' said the, statement should b6 clearer.
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Staff said this is handled under the Open Space Section.
Commissioner Lynch,discussed the difference between having; a 30 foot fuel break around
a dwelling verses a 30 foot cica once around landscaped vegetation. He said if there is a 30
foot break from the edge of landscaped vegetation (such as a lawn), there is less chance of
afire spreading froma wildland area into a house.
Staff said the document should riot be that specific, that the County should allow the Forestry
Department requirements to prevail so that as their regulations are modified, the County
policies will still be, in compliance. Staff said the Safety Element identifies the high. fire
hazard areas.
Commissioner Lambert said she did not have a problem with the policy section. She said
under the implementation section it inight be better to say a 30 ft, clearing.
i
y gg g wording
from fire re lotions. ¢
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Staff said the should su. est that the consultant et ,,he latest wordin from CDP as
Commissioner2ga Lynion said,in Secf on 5-4,2(a) that there has been a lot of comment from CDF
about 2,500 gallons of water storage protection. He said there should be some statement o.£ {
accessibility of water to a driveway, He: said it does absolutely no good to require water that
is not accessible ible to a fire truck which could be the case with some swimming pools. He said
also it should be noted thai these water sources also provide theappropriate
used by, CDF in case of a dire. - _.fittings to be
i �
Staff said the 'Nvording to cover this concerncan be added.
Commissioner Lynch said it should state "within 20 ft, of a driveway, that is usable by a fire
truck", otherwise the 'water is of'no use: to the'Fire Ike artment,
P Hes said they need to notify
people .of the requirement, for a, water tender fee at the ;time development occurs,
Staff said on (a) the "should" needs to be changed to "shall", on. (d) the problem is whether
or not the County is going to require two routes out of a high fire area. Staff said that
having to have two routes out from property -would eliminate development on a cul-de=sack
Staff suggested wording on two-way public road access as defined in the Subdivision "
Ordinance,
I ood Flazards
Staff said this section recognizes current practices.
Ccy mmissY one r
Lynch asked,what the County can do to gest updated FEMA neaps, especially
inthe ]urhacri
area? He said the levee on Butte Creek isnot o►t the PIMA, maps,
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Staff said that the County has the .latest naps as they are released.
Commissioner Lynch said the maps are not updated.
Staff said with the FEMA maps, if there is,a question or a challenge to ❖what has been
identified in the flood plains, it is up to the individual _agoncy to provide all thy, information
and then the Government will look at this information and determine whether or not they
agree with it.
Staff said the ,Director of 'Public Warks has been concerned about this for
some time, particularly the Durham area, and otherparts of the County. Staff said there
have been some private applicants who have been submitting information to FEMA,Staff'
said, at this point in time, the County does not have the resources to provide all the
Information necessary to have the Federal Agency consider changing the, FEMA maps.
Commissioner Nelson said the Commission could put a statement in this document that they
need the most up-to-date maps, He .said. if an applicait feels they are being wronged, they
can ,get the proper information at ?heir own expense,
Commissioner Lynch asked where FEMA gets their information to begin with?
Staff Was not sure of where the original information comes from.
Commissioner Laimbertsaid in Seg -.tion 5.5»3 it says the County shall. insure that agricultural
lands located in flood plain areas are retainedfor agricultural user. She asked what the,
changes were that -occurred over by the Sacramento River, west of Chico, that enlarged the
flood area further to the east? She asked if this involves the FEMA maps?
Staff was not sure if this was the : nvolvemw . ,,f the FEMA Maps or the Sacramento
Floodway, __ _ _ -
Commissioner Nelson said the State was atter, ti,� ':o buy what is called a meander belt,
and they would then lease it back to. the Ind' . `;f i farmers. He said this program. was
Proposed)_ but he does not know if the State w ;this program or dropped it.
Staff asked Commissioner Lambert if she Wasreterring
to enhancement on the levee or
retention areas on the west side of, the.rivet, which allowed the river or forced the river to
flood to the east? Staff said they, believed there was a prohibition and/or restriction
regarding development, in the 'Sacramento floodway+
Commissioner Lambert said .she would like to have this looked into further before making
;such a strong state `hotit in this document,
Commissioner Lynch said that much of the land near the feather river was redeveloped after ,
,the flood of 1986.
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St: ff said They would find out what, restrictions are Applicable in those areas.
Harold Galliott was asked by the Commission, about his Personal knowledge of areas that
have been flooded Ide said he Called the Corp of Engineers and was referred' to the.FEMA
office in San Francisco and was given the name of the consultant firm in Sacramento that
does the preparation L of the maps. He was told the .maps were only prepared every two
years. He stated that he did lose land in the 1986 flood and he leas not reclaimed the lost
land,
Commissicner Lynch asked the name of the Consultant firm that prepares the FEMA maps?
Mr. Galliott saidhe would look in his files and get back to the Commission with a. name.
Erosion Hazards
g
Staff said an Erosion Ordinance would help eliminate mitigation measures re ardin erosion
controlsw g g
Waste L isposal
Staff suggested stedc that in, both places the "should-",be changed to "shall.
Recreation
Staff ;said the FordbaY and After baY areas would, be,promoted as recreational areas.
Commissioner Lynch said on 'Section 6-2,1(b) they should add the Feather River and_ $utte -
Creek;
Staff suggested the say and other a Yate waterwa s". Staff said the Coun
gg y y " , pPropri y ty does .not
;have a Rc *zonal Adcreation Coordinator at this time.
Commissioner Lynch said to be practical the County is not going to get anywhere having a
coordinator at the County level; that would coordinate federal, State, and local facilities. He
said it was hard to, coordinate State, and feaeral facilities.
Corntrssionec Lambert said the County does have to coordinate with iother agencies and this
Abide b State and federal laws in e�ttste aid C.:1nty, She said the County las to
Is a art of l'lannan� i.e. bus lines between cities ,
y , rice. She said it they do have a coordinator, it should.
be under 1?lanning
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Commissioner >L.ynch said the way this document section is• writ#err, it looks like the County,
is going to become the lead agency in coordination of the three levels
Staff said the County needs to be more of a clearinghouse at this point.
Commissioner Nelson said that, ,verything w+is fine in this section except the statemefl, "'the
job of Regional Recreational Coordinator". He thought the County should coordinate, but
not necessarily with a "Coordinator". He agreed it should be under Planning. He suggested
taking out the words "job of".
I
Commissioner Lynch. suggested the Commission omit the first sentence of Section 6-22.
y g (� "coordination shall be assumed by" and, delete "job
Staff said the can Chan a '6-2.2 a to read coordi
of', and this was acceptable with the Commission,
Commsioner Lambert said that Section 6-2.2(c) s►ould also list the Chamber of Commercealongwith the Recreation District.
There was a brief discussion, on tourism:
Lee Cage, Paradise Planning Commission; said the County sho*lid .be very active in the
Recreation Element with the Chamber. of Commerce.
Staff said they need _to rework the wordit4g_;tnchange "Coordinator" t °� bordinatiort".
Commissioner Lynch said that Section 61-3 4, and -5 are all'',going to be expensive.
Commissioner Nelson said the sections will be expensive to the people who are doing the
development:
Staff said the Quimby Act will not cost the County money.
Commissioner Lambert asked if Section 64.5(a) applies, unty-tivide?
Staff said the County does not have .the capabilities to implement the Quimby Act. This
dowment would give the County that capability, Staff ,:aid the City of Chico has adopted
tite Quimby Act and the boundaries include areas of then County that are unincorporated..
Coffiffillssionor Lambortasked if the
r
ty ant to implement the adopted standards
and fees that apply to the Chico Vrbar Area, or the Count want the uinib ,Act
�' Q y 7
Commissioner Nelson said: All& intent in the Chieo tttbai Area is for alae County to adopt
a similar one withir.'the City of Chido
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WLCommissi'.
Act amain er Ly nch said that somewhere inthis document it should state what the Quimby
Commissioner Nelson did not see a problem with putting to a paragraph explaining the
Quimby Act. He said that the Quiraby Act was enabling legislation to allow certain things
tobe done.
Staff said that on Page 6-9 in the white section of the document, there is a paragraph that.
discusses what the Quimby Act does.
,.Open Space
,Staff discussed mapping open space areas to preserve recreational areas. Staff said in this
section the Commission can see ties to other elements as well: Staff said this section states
existing policies that are in the eAsting Conservation Element and Open Space Elements.'
Staff noted that this document does not; mean that everything that is Open Spoce now should
be retained as Open Space:
Commissioner Lynch asked for clarification, if the document would designate a piece of
lend as opeti space along the river and will it be able to develop at 5 acre parcels?
Staff, said in of the property or all of the property is designated Open Space, it
might m{ cart of the property is not able to develop. =-
Commiss:rmbert said: in Section!-2.1(a) it discusses using agricultural land for Open
Space. She said she liked the reference to Class I. and Ii soils:
Commissioner Lynch said if you have undeveloped land; with Class I or 2 soils on the urban
Side of the Greenline,'then according to this section the property should not be developed.
He said they can not have it both ways. He said they can not have agricultural open space
on the urban side of the Greenline.
Staff said the, ageiculturM section would not normally 'be applied into the urban area section
of the Greenline. Staffsaid this needs to be clarified by the coesultant.
Commissioner Lynch asked on Section 7.2-3 what kind of agrdement is referred to? He
asked if this referred to the Williamson Act!
Staff said thiG could also be talking about the transfer of developtnent rights. Where
someone would sell some value in 'their property as developttient. property to the County to
keep the land as open space,.
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Commissioner Lambert said she would dike more information on how developmetit rights
work. She was concerned with entering into agreements from the farmers point of view., _
Commissioner Nelson discussed the enabling legislation being the encouragement for keeping
agricultural land as open space. The. farmer will have the opportunity to not enter into any
kine! of agreement if there' is no benefit to that farmer.
Commissioner . Lynch saidhe would ould like to have the consultant really look at '7-2.4(a)
I' regarding outside of urban boundaries. He said in one place it encourages land owners to
I`
go into open space agreements by passing an enabling legislation and in in place the
document discourages land speculation by passing a law against it.
Commissioner Nelson,said the County parses something like the Williamson Act that allows
{
the farmer to continue farming, and in; return the ;farmer's !arid will, not be assessed as
potential development property within a half-mile of an urban area
Commissioner Lambert said if you have A-10.zoningand 20acres, you have the potential for
2 dwelling units: Unless you, are willing to go into the Williamson Act, you will be `taxed as
urban valued property.
Commissioner Lynch said the only practcal way to discourage land speculation is to ',have the
Assessor. 'there when the land changes -hands 'and the assessment, goes up relative to the new
fair market value of the ]and.
Siaff said another way'would 'be to adopt a General Plan policy and appropriate zoning to
preserve the open space and stick to it.
Commissioner Nelson said if the farmer has made an agreement that he or she will farm the
land; the urban value will '!ot exist and could not be taxed for ;urban development,
rirnberl'and'
Staff said this section talks about limiting road access to timberland as roads add to, erosion
problems, ,Agent this section. is encouraging owners to enter into open space agtoement.
alks about d0 acres and higher
`
Staff said to the x Miber areas the -code t
Staff went back to the Agricultural Section to discuss S acre pards as agriculfurallly viable
parcels or should a 5 acre parcel be considered suburban: resideritial-I Staff asked .if the
Commission wanted to get rid of ;A-5 for agricultural zones and maybe go to AYt 5 instead?
Staff, asked what the Commigilon thought, the lowot screage should be for agricultural
2oningi
,y _ GotiNTY 1?��1t`iN�N� CiJ, .,. a ' � �
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Co,
ffussioner Lambert suggested leaving the minimum for agricultural land at 5 acres until
this could be .changed to a higher parcel site in other places. She said that; it is gelling to
the point. where 10 acres is not a viable agricultural parcel.
Chairman Matson said it would depend on the type of agriculture being done. Where was
j
brief discussion on different types of crops.
Commissioner Lynch said there are advantages to the A-5 zone over ,SR -5 or other
residential zones on what.can be done. He said you are much more unlimited in agricultural
pursuits in an A-5zone. He said he has 2 acres of orchard on his property and is in an A-
5 zone. fie said he would not like to have his zoning changed, He asked staff what could
be done in an SR -5 zone that can not be done in an A-5 zone?
St
aff did not have an answer for this withouf reading both ordinances.
Commissioner Nelson suggested that they leave the acreage at A-5 for now. fihis was agreed
to by the rest of the Commission.
.Water Resources
Staff said this section `would limit develoP menu in areas of high erosion p6lential and would
t',quire regulations to prevent erosion.
Commissioner .Lynch said he would like to see somewhere a law, whether in the General
flan, vehicle Code, or Criminal Code, that had the ability to make it a icnminal offense for
people using recreational vehicles of any kind up the sides of levees and up slopes beyond
A, certain ;grade' level. He said more damage is done regarding erosion by this kind .of
p than anything else.
operation
Chairman Matson said the problem would be in enforceinent.
Wildlife Rabitat
Lecreation
Commissioner'L.ambert had a problem with Section 7.6-4 rThe County shall allow limited
recreational uses in designated fl
oodplains as long as the recreational use does not interfere
with the flood capacjty of the river", She discussed the large area that is designated as a
floodplain that goes half-wdy into town on the west side of Chico full of orchards and
there isuenou enough, re reatjoning the County shall allow recreation -She said
g p y
g p al uses in the floodplain now
iso allow �j cle trails, lukjn trails hrarse.
Staff said, this would a' ' i .
�!' 1; , trails,. etc
Li i.. Ab, 1. 1uV.li�:L. L1J.cRBin
�L:�.7
Commissioner Lynch suggested they add a phrase "do notencroach on private
Staff said the County is trying to promote recreation on both, Public and private development.
Commissioner Lynch said the County nerds to have some protection for private land in this
p
section so one e.son developing his private land for recreational u8es wvill not encroach on
his neighbor's private land.
Staff said they do not vivant to take away private property rights;
Commissioner Nelson said that this would be an allowable use, note necessarily sr..mething that
will be done. 1=Ie said if a privatedarty owns property and, wants to develop a recreational
use this section means it is "allowed",
Commissioner Lambert suggested that the "shall" be changed to "may"
Commissioner Lynch said that the way he understands the section, because the County sal ;ill
allow limited recreational .use to the .;designated floodplain,Ai private person with a
recreational vehicle could use_ it within that floodplain, whether he Minis nis zhe property or not,
Commissioner Nelson said he interprets this sectioir as "it allows recreational use, like the
establishment of a park, within a floodplain".
Drainage and P7ood Controls
Staff said they are looking at ;limiting development in Critical watershed areas,
Vuel b•;si
in high fire aras and doing evaluations on the effects on water supplies.
Commissioner Nelson said Section 7.7.7 addrettes what he vva8 concerned about earlier'
Staff said this will go back to public hearings where it will he opened. to the public for
additional comments, then back to the consultant for are-sponse to eomnients,. Staff said the
r
nei-t hearing is scheduled for February 28, 1991 at"9t00 aim,
1 t'S"Z~E e.oC31+7 ' PLANNagG "pL .±x SZON
f - �
Butte County Board of Supervisors' - Item on which a DraftEnvironmental Impact Report,
has been prepared and D rah Pian Amendment. Adoption of a new .Energy, Natural
Resources and Recreation Element of the Butte County General Plan to be effective
� County-wide. The element-containsandanaturlah. ies resouc es implementation
ButtehCounty measures
and promotat e.
guide he. development, ment of energy �,
i recreational opportunities throughout the County. (File 89-44 A & B) (Continued open
i
from November 8, 1990)
ta'said this hearing was continued anticipating that the study sessions would have been
�eomleted and._ the comments received from the consultant. Staff said as this has not been
kacc plislted, there is a study session set for January. 24, 1991, and asked that this hearing be
Tonfm,ued to February 28, 1991.
conarnissioner Lynch asked if the Commission could. have a study session today on this item?
Stall zaid yes.
It was moved by ,Commistloner Lynch, seconded by Commissioner Ostrowski; and unanimously
care d to table this item to the last hearing in the 9;00 a.m. time slot for further discussion.
Butte Courily Board of Supervisors - Item on which a Draft Environmental Impact Report
has been prepared A-rid+General Plan Amendment. Adoption of a new Energy, Natural
Resources and Recreation Element of the Butte County General 'Plan to -be effective
County-'aide. The element contains goals, policies and implementation measures that will
guide the developmentof energy and natural resources in Butte County and promote
recreationah opportunities throughout the County. (File 8944 A & $) (Continued open.
from November 8, 1990) -
on ""hued front earl tw in the rrieeting,
141r Pk: )ted that this was a continued open hearing and that the Cornu issiott was holding study
s+eps ont separately. ;
Tbe. Commission decided to 'hold part of the study session :today
11aff discussed the overlay zones for deer herds, Section 4.6-1 through 4.6-8, and asked if the
omn ission had any comments on this section
Chairman Matson asked.. if staff had received the report from Lime Saddle?
,Stsfl" said no, they would like to make a,copy for the file.
00 tnissioner Lynch discussed an overlay zone: for critical and pori-critical deer herd ranges.,
�tSUNTY. 1«'Ni 0'.MrSJ�b$�
r
-
r ;N
1
T
Staff said maps of wetlands come from the State and updates w"
individual rojects. ,
P
Il probably be handled on
Commissioner Nelson explained the State rules and State programs :and how they are managed.
Staff said on Section 4,7 Air (duality, much of this is being done,
Commissioner Ostrowski asked on Section 47-3, what is being suggested t
gg o reduce vehicle travel?
Staff explained the department#'s involvement in it Congestion Management plan.
Commissioner Lynch said: there needs to be coordination between 'public-
planning, w e e n transportation and
Staff >aid that the Butte County Assoeiartion of Governments
transp irtation, works closely with Planning.
� (BCAG), which handles
'Corihmissoner Lambert said this is taken care of in S, 4,14(a)..
K t)t,eral ftesources
Stag mid most of this section is prescribed by State and Feder
to implement those latus on a local basis, al laws, and these policies are tools
The hearing was-opened to the public, -
Louis
Commission has #h said
there to talk about the natural resources Camenzind sacci he was
option to a es "section. He said the
eo le should be allow approve, disapprove, or do nothing on this section. ' He said he
Would. like to see this s d ode put
Id, He sAtd with the financial problems of the
County
p County,
Whenthe County has ,financial p resources in this Coun He said there ort should add
all mineral. resources to Section 4,1
ms, Ile asked how the County, was going to ,implement policies
�' problems? ;
1
i
Chairman Matson said 'this document is desi ned
g for
Implementation
the future. i
Commissioner Ostrowski Lord Mr. Camen7.ind that tfhe i
of fossil fuels as a resource. Cotrimscion has recognized. the omission
Mn Camenzind said part of the problems with air quali is the `
ty time of year when the almonds
g d particulate that is put into then air,
are beth harvested and the ,deist ari
Commissioner l�elsbn said the tlhings `that Mx
Y
i As vercicle em ssi+ons.Camet>zincl is making reference fo, refers to
,agricultural emis'stons as well
eJi7LI,klJurc4Lt!E L' Ci W l�F 7 + I�
u�
STUDY S , SION - Butte County 'Board of Supervisors - Item on which a Draft
Eng ironmenfal Impact Iteporf' has been prepared and General Plan Amendment. Adoption
ofa. 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
from November opportunities throughout the County. (File 89-44 A & 13)
(
Stta$f said,the. '
e t,ommission ended with Page 2-14 at the. Last study session.
5"iYtC
CItiairman Forbes said the suggested deletions of 4.8-8 a, b; & c from the Citizens ,Advisory
Croitiimtteee. (C.A.C.) was a good idea._
o--missioner Matson discussed some of the timber revenue funds being used for some of these
eto t of measures:
, Ea`ff" discussed how the funds could be dispersed or controlled.
if.' and the Commission discussed timber.preserve policies. Staff said =ng
ns are reviewed
by+ :the ;Planning Depa.=tinent and Public Works Department. Staff said Department
racks at the General Plan, zoning, etc.
Commissioner Matson noted the problem. with the situation on Humbug Road AvEtere the State
os errides the County regulations.
Commissioner Lynch asked staff it a road'is inadequate for logging, does fhe Planning Department
fe9l this to the Statell
Staff said that .Public Works would send this information to the State with its comments. Staff,
sw .Public Works handles the roads.
C,oritmissioner Ostrowski said. on Page 4.4-1 tliere is a broad `general policy statement. Pie asked
if &6, Commission either agrei s with this oar not?
(�b� onmenf and neighborhood,",aieoae ptobto, h is than they need to add the phrase `"compatible With
otMr _
Staff said that Section 4.4.3 would take care of compatibility with other uses;
Csdrnintssioner `Lambert asked on 4.44 if should: be prepared wou'14 be, better wbrded shall be
prepared and dues the Coitiinission need to say wito will prepare the document?
�Staf.f, said that 4,4.8 talks about an economic andlysis.,
��tJ��,� Git�Cl�t�'Y F�1NN7t`EG„��OMM�SaTbN Ni�NC7��S l�eceit�er �8�,_;L9�b �;,..
Bufte bounty Board +R.f fiupervisors - Items on which a Draft Environmentalj; npact
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 8944 A'& B) (Continued open from September 13, 1990)
Staff. stated that they would have little, if any, continent on this project because it is
the project of David Hironimus, who is absent today.
Staff said they were privileged to have at the meeting today'Mr. Jeff Evans from the
California Energy Commission.
Chairman Forbes asked if the Oammission had any questions or comments for Staff.
There were none.
Chairman Forbes opened the hearing to the public,
There was no one from the audience who wished to speak on this project:
+ i p y r i e
Chairman I"orbes temporarily closed the hearingand, confined the discussion to th
Commission And Stalff.
Staff stated that were . he comments on the documents so they can
forward them to hConsultant gathering
to n ut'together in final draft form. 'i ne document
P
the re onses to those comments, Staff requested that although the a comments and
y , preliminary rY hearing has been
the Cnmmtsston has. today �s in
relimina rat form wtt out
sP - � g ,
closed to;''';e public at this time, that it would be re -opened later. Staff asked that,
the Com ,ission continue this hearing to January 10, 1991:
Ccznnussiooner Qstrowsid asked if this hearing was to be continued, would the Study
§ sion regarding this hearing also be, continued?
Comrnlssioner Ostrowsk asked if this hearing was to bs eontinc.ed,
ry g rdng +his hearing also becontinued:
would the Stun Session re a
Staff' :Said they did not beiieve the Commission would be able to
completey Y • ..: ' . : ' p Staff
their Stud Session without Mr. Hsronttntts resence. �
requested that the Stud Session be continued to the December 13;
1991 Pilanning Commission meeting,
Chairman Forbes re•opened�, the public portion of ` this fiearing and
asked it there were any questions or Comments from the audience.
9'
TY A� oi rsiutEs:,er �t
There were none:
On motion of Commission Lambert, 'seconded by Commission Ostrowski it was
unanimously carried to continue this hearing open to 9 a.m. January 10, 1991.
Z. Butte County Board of SuE?P i ors - 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., no element contains goals, policies .and
implementation measures that will guide the development of energy and natural
resources in Butte County, and promote recroation opportunities throughout the
County. (Pi.le :89-44 A, & B) ($turfy session) (Continued from October 25, 1990)
Staff, said they have asked Jeff Evans feom the California Et f rgy Commission 'to join
Staff at the staff table because this Element will establish policy regarding a resource
that the California Energy Commission is responsible for. Mr. Evans has, been
waking closely with Staff on this project. Staff stated that Mr. Evans has comments
that would be appropriate for the Commission to hear:
Mr, Evans said that in reviewing the policies of the draft Environmental Report, the
California Energy Comrrussion would ask the Commission to keep in mind whether
or not a policy gives clear direction to anyone, whether it be Staff or citizens, with
respect to development of energy resources. Ho said the C E C has been concerned.
with "advisory permissive language" that tends to retain flexibility in the decision,
making process but serves to be vague and open to interpretation. He said this often
causes mishiterpretation and conflict. He pointed out some examples of this
"language" to the Corruxaission. Mr. Evans suggested to the Commission that they
keep the language 'In the ;Element specific, clear, and more directive.
r
�1k�.`�F_ �aUT7'�''Y I�2�N1�xNG �C�2t1�t�.�SIC1N ,l+'X�NLiTES � No'�rember $} 1:590 ,,
�I
Commissioner Lynch also expressed concern about the language in the Element that
was "muddy" and unclear and it said should be cleaned up or deleted.
Commissioner Lambert asked Mr. Evans if there might be a problem. with deleting
too much out of the Element.
Mr. Evans said that was up to the Commission to decide and would depend on how
the Commission followed up with ordinance work, other amendments, or how the
policies 'were implemented.
Staff said that the General. Plan would 'set the policies and that amendments to the
Ordinance would accommodate and provide for the General :Plan policies.
Commissioner: Lambert said that the General Plan was to be general and the zoning
ordinance was to be more specific m to how you implement the General Plan which
gives the, different :designations and what shall be allowed.
Commissioner Ostrowski said that at this time the Commission would be
concentrating on the broad policy statements and the general implementation of the
plan.
There was a discussion between Staff and the Commissioners regal ding biomass and
the Use:.Permit process.
Commissioner Lambert said that for the sake of clarity, she would like a. list of
definitions that explain such things as what is biomass, what is open space, co-
generation, natural, resources, etc. as it is used in this Element:
Staff stated that the definitions are in the text of the General Plan, but perhaps they!
C
ould be put into dictionary form. Staff said that perhaps the Commission could
consider in the introduction defining what thea believe to, be the definition of the
terms used in the Element.
Staff stated that the Commission needs to give direction to the c
onsultant
Chairmati.Forbes said that the Commission needs. to look carefully at the language
used to see that the, language says just exactly what the Commission wantstt to say.
Commissioner. Lynch noted that the language needs to be consistent throughout the
Element.
Commissioner t?strowski tuggested the consultant be, ditected to look for any other
ambiguous phrases that could be made clearer in the text:
'xY?V�it�NC
CQ
1+tMSION: rifll�tJ'TE5 ' N+avesttbe fl! _.8'g n'
CITE ...�.� w
y.
t _ Butte
County Board of Supervisors, = Item on which a Draft Environmental Impact.
Report has been prepared and eneral 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 89-44A
& B) (Study session)
Staff ,stated' that this was a study session on the `Draft Element.
stated the discussion on the policy summary -goals and
rececStaff objectives. Staff said the input
ved .from the pu li indicates that these` policies are too restrictive..
#1. - No problem
#2 NoP roblem
#3, #4 -No problem
Staff skipped to the issues and policies section.
Biomass Projects -
Stalf said that General industrial is construed to mean the M-2 zonrs. Staff said the
Commission might want to consider the L-1 (Light Industrial) and M-1 (Light Industrial)
zones as well.
r y g gg .
Conimis,ioner rich a reed o+vith this su - estion with`a Use; Permit,
Staff said the ndid issue to discuss ;is to allow Biomass projects in agricultural zones.
Commissioner Ostrowski said that ,Biomass generator plants help air pollution and are a
source of fuel.
Commissioner Lynch, said that to say the plants 'are not allowed is too restrictive. 14e said
they could require a use permit. He said Biomass generator plaiits near'the location of what
is being used in the plant would be more economical.
Staff recomniended it say, ",..such facilities shall not be permitted on prime agricultural soils
as defined by the Williamson Act unless the County makes the finding that ;locating the
facility on prime soil will not be detrimental to eitisting or potential agricultural uses and
surrounding lands, or is nOtessary for the economic transportation,of fuel."
Chairman Forbes said he thought the public .discussion notes of July 12, 19 Q, might work
he-m 810MAss facilities may be permitted, on prime 6g6cultural soils providing the; plant
facilities wilt ,not be detrimental to the agricultural t�.>es and surrounding land uses."
Bud C'0 Y��1tVNxi�G �r?I�NIiS,` 4
1
Commissioner Lynck suggested they add# "or ,compatible with olheer agricultural processing
capabilities." He discussed schools not being within 1000 feet of a Bio &lass plant. He said
! it works both ways. He said he did not see .how #3.42c could be applied. 'He said if a
Biomass plant is allowed for power, you will need to be in the proximity of the power lines.
He said he did not like the use of "should" in this section.
Staff noted that this section 'refett ao transmission corridors, not power lines. Staff said that
"Should" means advisory.
Commissioner Lynch did not see the need for Section #3.4 2c. He said if you have a walnut
huller a mile from major transmission lines or 2 miles from a more major transmission Line,
who tells the applicant which lines to hook up to?
Staff said that in that case PG&E would have the final say.
Commissioner 'Lynch said they would have a hard time interpreting this section.
•p p things considered in Looking at Bio Mass plants:
Staff, said. this is setting u Policies for thin to be c.
Commissioner;fJstrowski asked if a Biomass;and Co -Generator, .could be located :in other
zones rather than agricultural zones?
Staff said yes..
Chairman. suggested for. the purposes ,,ii` :this discussion they note that some; of the
Commission Lead questions regarding,} 3 4 2c. :He said in- the, discussion, for 34, there is a
suggested revision "T"ne County rapt' ;evaluate the need to locate. 13' r a;r;s facilities in
agricultural, timber, industrial, ands commercial zones during the enviccrniriental review
process:' He, said if it is agreeable 1viti,\ the Commission this statement would ,replace the
existing 3.4 Z a. It was the consensus, of the_Commission to use this wording.
Cogeneration Projects',
y g oothe `it mea He said this needs to be
Commissioner Lynch discussed Co- enerators in other zones ,
M,2 p p g ds.
allowed in the Ivi 2 bane witl►out a use perm r t, State standar
Staff said you need to require a use permit pursuant to the bazardoiis waste and other
standards reoulring a public hearing'-
Staff
earing:Staff said. in 5,5-3 ffieywooldL suggest striking the w cial
word cornmer
Commissioner Lynch suggested this be also allowed in zones other than residential:
Staff said the plants �:ould be in seine residential areas. St was the to
to word this
section the same as the change for Biomass aboVe
Hydroelectric Projects;
Cometiksianer' 0 , trowslCi said that the public has stated that this is ii duplicate eriforceirient
of control, that this `is already regulated by the State or Federal government.
t T Ct�tlt+T 6 P " i4it NC t✓r� rrtxs§,x 9 N�11t�CF�S - :pr1 ohpt-
Staff quoted "Transmission lines shall be 'sited to avoid seasonal or permanent wetlands,
riparian, habitats supporting rare or endangered plant and animal species in areas of water
fowl concentratioih." Staff said there are a couple of power line easements in the County that
are doing a good job of protecting some vernal pools because people can not build under the
power lines. The Commission might want to talk about where disruption of the soil or
habitat would be an effect.
Energy Conservation;
Staff said there was a question on tot design. Staff said it was generally not needed at this
time becatns
e of the relatively targe lots being created in most of the County, but might be
needed P,-S the County grows.
Commissioner Lynch said the Commission should look at 3.12-3 carefully.
Commissioner Ostrowshi said this section ignores topography.
Commissioner Lynch said this section will allow solar houses whether or not they are in the
setbacks and variances will have to be granted.
Staff suggeted that this section apply to new rots of anew subdivision only.
Commissioner Ostr6wski asked about ,the tree planting in ##3.124 and whether the trees
were planted by the County or a private iindividual,
Staff
these trees are y times there are trees -planted by the County or City 'near the sidewalk,-
usually maintained by the private, property owner,
Commissioner Lynch did not think therewas a need for an Ordinance on street tree planting:
Coinmission.er Ostrowsksaid this section needs a lot more thought':
Commissioner Lynch said under 3.12-5 that most of this should be covered under building
codes. He said there was a lot: of wording in this section that 'did ,not need to be there. He
suggested saying ":..current practice in any energy conservation, domestic construction should
be implemented...?".
Staff verified that the Commission did not want the element to set building codes.
Commissiorier Lynch was concerned -with 43.12.7.
Commissionet Ostrowski was concerned with the W-Oding on the width of the street in
x#3.12-3.
�r
rr
8d�T", 9 vrur'iYwxsd tom4tsv 0lC Wt*NiITW4 - ICartbbdr 1..5 ���il
Butte County Board Qf Supervisors - Item on'Which a Draft Environmental Impact
Natural R ources Report has been nd. Recreared aGeneral Plan Amendment Adop tion ofa. new Energy;
jon Element of the Butte County General plan to be
effective County -wide. The element contains goals, policies and implemen}ation
measures that will guide the -development of energy and natural resources in Butte
Countyr and promote recreational opportunities throughout the Countyi
(Natural
R,esources) (File 844A & B) e
(Continud open from August 9, '1990) '
r
Chis discussion will then o #o the ' ' y among the Commission members..
Staff said i{ would be appropriate to discuss comments
g Citizen's Advisory Committee and, subsequently, to the
consultant for a response to comments.
It was decided that the final part of the document had not been discussed by the public in,
open hearings.
The 'hearing was opened to the public.
Betty Vassar said this meeting is for the discussion on the Recreation and Open 'Space
sections. She requested that the Palermo hearing be opened first and this hearing continued
as they were waiting for Mr. Gahiett to arrive.
This was acceptable with the ,Commission and this hearing was co
meeting. ntinued to' iter, in the
The Commission resumed the hearing ,for the Energy,. Natural Resources and Recreation
Element that was started, earlier in the meeting.
The hearing was opened to the public,
Betty Vassar said this las{ part a€ the Element
Sp
ace had the most concern to the citizens of thisCoun tions
p he said that open s and Open
Hazardous Waste,
cre ` space refere-
conceT ed about reeto, 10-460l lack of sahat most: people do i. '-S 'Want 160 acre zoning. She was
People at the meeting, She suggested that the document be
shelved until staff
and a qualified consultant could revise the document.
Of rollOr'Ginllthis Coked about the rec section of the ele
Harold
i reatYon
i . p rnent. He said there ise lot
n y for recreational development He said he would lilt' .to se the
Featlyer River mentioized along with the Sacramento River. He said the County, should
protect scenic Coutes,'He discussed the cost of building and maintaining hike paths. He
suggested that developers be required to provide land within or adjacent to their
P t}'s
development fdr recreation and open space. He discusser the open areas of the Coun 1e.
in,
public lands f loodp gins, etc. He said 67% of'the County is ripen land. He said
the County should consider protection of water wa s:
yiie said the last part of the element
the agtxcultural section, should be in the front of the document and the tiitiber and wildlife
should be separate sections
BU ' '1; �OUNfiX g Ate tzNG 1r0I�IM S'SIt3I >_Di t7'�Ea - Se atembek i �
�!..Al
f
Ralph Westeaman"said there was an article in 'thy graville Mercury regarding copies of t
element not being available for rehe
view. He asked what the distribution was of the 75' copies
Paid for by the tax payers? p
Staff ave `
g Mr. Westerman a brief rundown of the distribution, ie., State Clearing, house,
Cities; Libraries, Schools, Board, Commission, and an g
{ element. y public agency interested ,in this
!
Mr. Westerman said he has not heard of an comments lr;
y back from this distribution.
Staff said the bulk of the preparation of the daeument is paid for by a"State rant not b
i
grant, y the
y re waiting for comments from the various agencies.
citizens. Staff said the a
Commissioner Lambert was concerned that there w
i
committee :set up by the Board. ere no comments from the advisory
Staffsaid these comments would be incorporated into the document. Staff said that
comments would go to the consultant and be incorporated into the .docurhent any
Staff �
{ suggested that the Commission hold a study session for a discussion be the
Commissioners on this document.-
It was moved by Commissioner Lambert, seconded by Chairman Forbes, and unanimous)
y
study session on (Jctober 25, 1990 at :10:30 a.m.
"
'tarried o sold a
It. Was moved by Chairman Forbes, seconded by Commissioner ' mbertj and unanimously
l
cat ried to continue 'this hearing open' to November $ 1990 at
, 9;00 a.m.
Staff suggested that the November 8th meeting be held to what is on the agenda now, to
. ' , y p ff
said if there needs 'fo be :another hearing in Roven�ber the will publish for No 15th-
and Chairman Forbes said this vas agreeable,
j
Betty Vassar wanted the Commission to set a.8
pecific Time for their committee "to me�ef wrath
staff and Chairman Fobs said she would have to discuss this with staff. 4
i
PLZNNG CC�1`IS`CC?Ittl'S S`eperriho,."'�',",� 9D
M
t
w
Rut e County Board "of Supervist�rs - Rein 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 nieasures that will
guide the development of energy and natural resources in Butte County and l�romr,�
recreational opportunities throughout the County. (Natural Resources) (File 8944A &
B) (Continued ; open from '7-12-90)
Staff said, this is an ongoing hearing. Staff noted correspondence received from Steven Sayer,
'Phe hearing was openedto the public.
Darold Galliett presented the Commission with a:28 page docurIilent he prepared along with the
citizens for Reponsible Land Use Committee regarding, ;the Natural Resources Section of this
proposed Element. He said the proposed poh'icy statements are' on the left and the committee's
comments are :on the right. l*ie said the More the committee reads the documeiii- the mord`
concern they are with the hroadness of the terms and the wide use of "no" in the document. 14e
said they were concerned with the proposed parcel sizes. He discussed. what is prime land. He
said the Countyshould not try to take over State functions that'ihe County can not afford. Re t
disagreed with the environmental "buzzwords" used such as "clear cuttin and
g prescribed burning;
etc. He said the document should be more positive instead of negative. He felt there was torr
much concern for migratory deer herds, ;He discussed the,.- robletns with free roaming dogs, lZe
said`the County needs to know ,more about earthquake faults before they regulate where people
can or cannct builda Home. He submitted extensive comments on fire hazards.
. . .
Ralph Westerman, 3306 INfilkey Way, Bigby'., said the people this afternoon have talked fora long
time: and he hoped he would bt granted the same privilege. He said the document only, talks
About air quality ,for and and a half pages He said air quality is one substance needed along With
water, Arid food for human Ilfe, He did not feel this problem was address adequ tely in the
document. He discussed different "nMethods of air pollution control, He said that the County
should encourage agri
Butte County Board Su
of pervisors - Item on which at) raft Environmental Impact Report
has been prermred and ,re eral `Plan Amendment. Adoption of a new Energy, Natural
Resources and Recreation Element of the Butte County General flan to be effective
Caunty-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. (Energy Section) (File 87-44B)
(Continued open from June 2$, 1990)
Staff said that an important part of this process has not been mentioned which is the Cifizen's
appointed, by
the Board of Supervisors. Staff identified the members for the
tiCo�mi�n�ttee (CAC) app �o'-
Chnunission (Jerry Tlughes, Gordon Mathews, Tom Wrinkle, Myron Openshaw, Randy, Vasquez,
I Cxerte Murray, Jeff Monaco, David, Mienberg, Jeff Monaco, Bill Helmer; and Craig Carter). Staff
5aii there have been some comments on the preliminary draft EIR an
d Draft Element received
from CAC. Staff said There r ill be these
documents, Committee meeting before the final comments nre
submitted to the Commission _
Chairman Forbes clarified for the audience that the Butte County Citizens for Responsible Land
p y County -wide,
Use were comprised of members from the_South Oroville area only, and not Count -wld
Betty Vassar .said the Members of the .Butte County Citizens for Responsible Land Use were
property owners and the CAC appointer:. by the Board of Supervisors had members that do not
own property ;in the unincorporated portions of the County,
Chairman Forbes recognized the work submitted by Harold Galliett on alis section of the Element.
+the p complete this doLumenta Staff said the Commission will. hold public
he n stStaff oulfor d ubl�c �n of CAC will also comment. All comments will be sent to the consultant
8 p p
to be responded to and incorporated info the'final draft document before being brought back, then
mmission: for their recommendation to the Board.
the whole thing will carne back to the ;Co
C'otnmissiorier Lambert questioned splitting the hearings on the hazardous Waste, open space and
agricultural ions of the element will roll together to mei w
Staff said the policies of all sect' g q erns
t State re urem
for this elententa
The hearing was opened to the public.
lldrold Csalltett submttti.d copie. of hi a h this section of the element. H'e
p s technical information o
stated that the Committee for Responsible Government did not have enough copies of the
a
Flenjont and the cost'is too high for an individual to copy the document, ,lie suggested that if the
County' can. not provide whole Copies of. the element, they should provide copies of at least the
policy sections £ar the public. He said that some of the information in the elerrle;tt is incorrnplete
and other Parts are inc,�nsistent. He said that it will take approximately 6 months to 1 year to
,... word " " ` _ g
finalize this element Srle recommended that "thea shall in the document be changed to
"shout, or. �tiita . He said the p , o con'sxder fossil reel
Y'
Ener Element �s irtcosn lets and deeds
p,At�rfG �t�MNiSSDN NLS1tt5 Jtitl �r 199U ;
y`
Rv "�
generation. He felt the General Plan was being used wrongly for this County. He said it seems
i
there is very little consideration in the element to the economics of enforcement, compliance withounty needs to look fi
the element, etc. He said the Ct this whole element regarding costs to the
property owners. Tde stated that policies are not ordinances or laws and. A
v id
implementation through ordinances only. He discussed the County spending $100,000 OU ef to this
gee
dement at a time when the County does not have the mone
.his written comments on the other sections of this element. Mr C'ahrett went on to summarize
r
Louis Camenzjnd, Jr, was not in agreement with the whole process as lie stated at the previous
.meeting. Ill also requested more copies of the element be available to the public: He said there
no morjey in the County toimplement this el
trttement. He urged the Co
mm'issiot to take their~
� �e reviewing this element and not railroad the public info anything,
Staff briefl;r noted the problems with the County'
s print shop at this time and told the public of
Urge the copies would be contracted outs Staff said there should be copies available with
Wyth a cost of approximately $23=25.1)0.. in it Week
TOJU Wrinkle as, a member of the CAC appointed by the Board said he was upsei that the County
,did not notify ,the GAG of this hearing. 1fe said that many of the matters brou t. u b
allett were talked about at the CSCeetn s.lie ! P. y Mr.
CA
1
Egiven to the consultant, were incorporated in o ties dolcument c�r1e of CaC s eommenis that were
,Staff noted that the CAC has received espies of the document,
Comnyissioner Lambert asked staff to invite the Committee to attend the next meeting.
erry Parker, State of Cals"irarnia Energy Commission, discussed the ttinding :for the Element
Mrough grants. She said the State warits to see the Committee`s catnments. Slid discussed
extensions on the gran finish this element. Sh'a 6196 commented on the use of the word "shall"
AN being preferred by the State.
Camenzind asked that the Surface Mining, Committed einoticed by mail 04" the neat;
l~�earng,
Commissioner Ostrowski pointed out to the audience that both the'words',shall^ and "shciuld� are
Used within this document.
Comtnir, iorA, lambert agreed with the Energy ColUmission that the document sh6p '
grid no`l *9hotiId" or the doct merit is meaningless. ld s,iy *stYall";
y p ,
.irnmissiorier Lynch coni 1
aitrieinted Mr. Gall-io on his written comments.
73
.ski.:.
Bette County Board of Supervisors - Item on which a. Draft Environmental Impact Report
* h<<s been prepared and General Plan amendment. Adoption of a new Energy, Natural
Resoukrceg P Butte County General Plan to be effective
County-wide.The element contains ntad Recreation i st goals, of
policies P
es and implementation measures that will
guide i.he development of energy and natural resources in Butte County and promote
recreational opportunities throughout the County. (File 87-44B)
The Commission, �;vaived the ;reading of the Staff Findings. 'Staff requested the Commission set
ffiree more hearings on, different sections of the Element. Staff suggested that today's hearing be
used to hear comments on the overall scope of the Element Staff introduced Michael Clayton,
e =nsultant on this :protect to the Com Puss ion.
Ificbael Clayton prepared .a flow chart for the Commission. Hediscussed the basic process for
&-velopment of this element. I. Identify preliminary issues, ;goals and objectives with County and
CEC staff: 2. Refine issues, goals and objectives with CAC, 3. Review ewsting information and
dolletiA ecificand analyze new goals and bjecti data.
andel poC� es and imonduct e le enfationlon- r ' Conduct CAC woritshop for
gP p ograms. 6, Prepare Adnlrnistrative
Arai t Element for County staff, CAC ar�d CEC staff. 1.. Revise Element and issue Draft Elemeni.
S. $
]'old ublic hearrn son draft eletnc nt. 9. Revisi. Draft �.lement and issue final Element... A.
P &
Hs>i�l public hearings and final Eletazr,n4. IL Adopt final Element, 12. Implement ,Element
umomfort ble because it int isntnconsidicat4.4 dct ntawith his ut the, nderstandirr cultural'tion of. pf resources made him
g orical 'and geographical
definitions.
The; hearing was opened to the public.
Betty Vassar said the citizens are concerned with this document and the actilon the, Commission
might take: She said this document is 600 pages long and there were not enough copies available
for people to buy, She said she had to pay, to copy the document, She requested that there be
more copies made available.
RA,J?h Westerman discussed the open space part of the Element. He no theamount of land'
in the' County covered. by water, timberland, agricultural land and open space. He .said that no one
objects to an Opeii Space Element in general, but they do abject to class*ihcation of agricultural
land, He objected to zoning a ricultural'land ti
g nder; a Chapter of O e
g n S ace,.... e
,
p p_. , p �� said i.hat
zord g by soil types is just another overlay zone in the County
Nancy Weinzinger said that in the General P!'- `the K►ord "shall" means mandatory: She ,quoted
secdons of the Elements, Timber section, where shall was .used, i.e., "the: County 'shat creast; Old
l njs COUNTY `I? mxitw °Co1�S�i;LS.5nu T'AX'ES iltifid 2$, 1 '0;0,
states the County sh
; new position of County Forester", She _esfimated it would .cost $3;p'�0,000 to do this,. Another part
ty all continue to inventory timber land", She. said flus was a service already
xprovtded by the state.
Think the Public,u that he has reviewed the mining resources and o
171arold Galliett said
t
then elements. He did not
p p
int has been adequate. He said the Element needs more detailed work done'
on it. He said the document was extremely restrictive. He said this document will have a
°tremendous impact on the growth of this County. He agreed with having different hearings on the
,different sections of this proposed Element:
dl Hazeltine, Mosquito Abatement, said he submitted his comments thinking the Commission was
tm the environmental review process only. He said he has a prior commitment on August 9 and
ccan: not be at that hearingHe sahe id he was not given a cotoncerned. W'py of he Draft Element to comment,
'd: he hada ubmttted letfer addressing public health part of what the Commission is doing.,Ile
ssa d he would like to be involved in the review process. -matters of shol'd issues of environmental effects. 1e
MArAolas Iviorstc ,said he has :lived in flus County for 17' years.. and owns 2P100 a�crr�; He,
agpposed to this Eluent because of its eneralizations: said he is
g He felt this Element leads to a-;lo-growvth
piiiry for Butte CQunty� E[e was totally opposed to this Eleni.ent.
Al Appel man sai& there, is no mention in the Element of human resources: He said there is
n"thingp g y p
powth pl idtn for people to bu a }tome at a;;reasonable rice etc, hie also said this was a -not'
i
i X'ell .end said she was only able to get oner copy of this draft from the Planning Department vhich
she hasp assed on and there are no more copies for sale. She felt the Draft Element needed to
6,0 miore widely circulated
p
She said the Co, mmis' ston needs` to address what is' nrivete property.-
Cdmenzind
d he
7' of the Element land EIR to read and ass o g � !on and he was mailed 1
cap _
member of the Minin _adviso commtss
p n to the other �rtember Re is interest '
w e
n the
�rrri°neral resources int s a mem_ f _ d
his. Coun funds to implemf:nt the policies in this
cfur ent if adopted.
e said that there are no
y _ I
i
y = nen l✓yrn:h, and unanimously
1(was mowed b Comrntsstoner Lambert seconded b Cornmtssto
carried to continue the Energy kesource's part of flus hearing to July 12j 1990 at 10:30 aah,o the
Natural Resources part of this hearing to July►16, 199(1 and the Open Space pi
to August 9. 195rf on of this hearing
90
4
Conntno
,sstrnes 4Ynch asked about a hearing; on the Draft EiR,
y
P eats and written coiinntents are r�,ceed they �vil1 b
forwarded to the consultant then b e
taft' said that after all `they ublic a k }� e
Comm!CommassIon. Staff said these discussion that are'
NNIN 0010 11.'ulld28- 19 6r-..
rev t i� cUUN2'' BCy1D b $UPi�RVI$1C7RS MTNXi;�.S �L�tSt�tnPiiy
r
INS rR T'I0NS T10 A PPT IG'AAi7' FOR GEN,
_...._,._ RArL PLANANIEN1) 1 E NT
n by the owner or other Proof of agency.
I, If applicant, is not the owner, Written authorizatir,
mush be submitted in order for the applicant to legally sign the applicatiute, Apttlications
shall be considered void if not signed by the Owner or,igal ;!gent,
2. All items on application s'lall be filled rri as coat letei•�y
r as possible. Very few tc;nts should
the tern! ''1V/
be marked not applicable . A
.I
3. It is e'er} important that I,Ite application
piinclude ari accutate and. complete description of
,p d
follawtng tnfortit oseabout the
rhe application will not be processed until we ,receive the
e area($) to be amended,
n. Asses
or's parte! nurrtberO (from the tax bills or Assessor's Maps),
b, Street
addresses (it available),
C- pistanb s and directions to named streets; bodies of tater or railroads.
d. Legal description (subdivision. lot member$; fractions drsec tii
Perimeter dimensions). ons or distances and bcaring$ of
eF --: ---- copies of rnat5 tilth area($) outlined (Assessor"s map, subdivision map, zoning
p >� gF ' p ematter ofthe Map.
rria or ma showin Parcels) and a re toducibl
4. Because the California Govern:rient Code requires that local general plans be integrated and
Platt must be consi$tettt wI rn • s to titeY Land f the Butte Couni General
internally consistent, amendment
Ilse 1"latt ivlap(s) o
ntten pohrtes and standards contained in the adopted els `�jcnts of
the plan.
.S- The ``Application for otnefal flan Amendment" is subject to public Itearin'
by both the'Planning Cort�imissron tinct Board o[ Supervisors, 8s and approval
Application
are
tees tnaw
be paid in rash or bv-checkmade;payable to ,`T'reasurer of butte County",
7`, gefore subtnittinl; the attltl catao0, appli0nt is regpe$ ed to discuss with staff all uestio
pp V eriaetlts, County , q ns
q
about a Crratiott re uir
cohsidtrattons. t ' d polio;:
jrocedures site designation etittria and
$- Applicant IS tdtlucsted to be a, coi plete a$ possible in stating the rcasons for the
and-Nduraged to discuss in ti41tin t, application
he proposal`'$ t ottfartrtahce cvt�h thelialicics and criteria of
the Lattii (ise lenttn of the butte COUrIt•
� OMNI Plan,
Inter=Departmental Memorandum
To.Planning
Commission.
From:
David I-Iirommus, Planning Department
Subjeeft
Energy, Natural Resources and Recreation Element
Date:
i
April 1, 1992
RECOMMENDATIONS:
A.
r
Find that therequirements ents of CEQA have been completed and considered in
making this decision and recommend that the Board of Supervisors certl*y the
Environmental Impact R-,port; and
$
Find ,that adgting the proposed Energy, Natural Resources and,Recreation
Element an consistent with the Butte County General Plan, `because
d
- C_.
Adopta Resolutioh recommending the Board of Stipervisors adopt. a Resoiiution
"
to corporating the Energy, Nate rat Resources and Recreation Element with the
.changes recommended by the Plan in Commission into the Butte County
g l
� m
General .Plan, and
DRHtdh
Attachmeints
Planning commission Recommendations
Existing
Commission Recommendation
Page _2 3, Sec. 2.2 Policy Summary;
Page 2-3, Sec. 12Policy Summary,
(NEW) Nothing in this element shall be
construed to allow public access to private
land without the consent of the owner or
unless a negotiated and defined easement
is granted to the public (County). PUblic
access allowed or negotiated shall not
constitute vested interest in the access in
any action involving adverse
condemnation.
i :Page 2-5, Sec 3.4 b), Issue/policy,Page
2-5, Sec 3.4 b), Issue/policy.
Industrial applications of cogeneration ,
'Add) Industrial application of
facilities should not be permitted withinr
ogeneration facilities should net be
1000 feet of a residence or other sensitive
perm tted within 1,000 feet of a residence
land uses such as schools, hos it o
or other sensitive land uses such as
,nursing homes, nor shall new sensitive
Schools hospitals or nursing times
uses be permitted near existing facilities.
.:.nor
shall .new sensitive uses be permitted near
A greater distance may be necessary due
existing facilities, A greater distance rr,�ay
to localized conditions such as prevailing
!--w necessary due to localized .�ond1t1tv,,s
wind direction and speedyWcli
as prevailing wind direction and
s0eed No facility of the type named In -
this
this section shall bP permitted within 1000, '
feet of an existing eogeneradon facility,
Page 2-10 through .2-12., See, 112=6
(NOTE) e�.t^es to Brier saving
no �
policies were. deleted because they were,
weFe
contained within 'the Uniform Buildtnar
Code (TIBC). 'this needs clarification in
that the 13BC does not contain energy and
conservation requirements. However,
building energy efficiency standards . that
Have been adopted;'by the State and are .in
effect throughout the State The 'UBC'
and the Building Entergy Efficiency
Standards are common!Y referred to
rollecti'vely as ''The .Building Code",
- 1
Page 2-13, Sec 3.12-1.3
i
Page 2-14, Sec. 3.12-13.-
Drought- -
.12-13Drought tolerant landscaping shouldbe
required where feasible on public and
commercial sites to reduce energy needs
for pumping groundwater.
Page 2-16. 14 , i. iropleinutation
The County should uavelop a county-widle
zoning overlay system for Transfer
Development Rights (TEIR). The TDR
zone designation would be applied to.
valuable agricultural land threatened by
development pressures. The development
rights 0if this -land could -be, purchased and
transferred to another location where
development is more appropriate;
Page 2-181 See 4.3-3(g) Irnplenentation.
(NONE)
Page 2-13, S'tc 3.12-13, (NEW),
Individual. and totat parking space
requirements shall be flexible to +/- 10%
to accornrnodate saving existing trees on-
site to be developed; existing trees stall
be considered as part of required'
landscaping.
Page 2-14, Sec 3,12-13 - Renumber to Sec
3,12-14:
Page 244, Sec 3.12-15;
Drought tolerant landscaping should be
required where feasible on public and
commercial sites and within established
legal easements to reduce energy needs
for pumping groundwater.
Page 2-16, Sec 4.2-4 (b), Implementation.
(DELETE)
Page 2-16, Sec 4-4 (b), Implementation,
(NEj� - The County shall encourage
cooperation of all agem;ies, Agricultural
Commissioner; etci n encouraging
productive use of existing smaller parcels - -
including, but not limited to, granting
owner/applicator numbers/permits to
owners and renters of 1/2 acre and larger
parcels:
g�te 2-1�, Sec 4.3-3(g) Implementation;
W) The County shall implement a
requirement that any land, public or
private,proposed for timber harvest. be
surveyed for the presence of Western Yew
or other medidinal trees, 'Provision shall
be made for harvest or preservation of
such trees for medicinal or propagation
purposes:
2