HomeMy WebLinkAbout84-45B MOOSEBERRY/BURREU GPA/REZ (4)81
of
Closed heaxing -Joseph Eufteli -
►Spobery/doe'
appeals the Planning �omm�.s^
Burrell General Plan ;amendment
(258!}'
sign`s denial of Donna
(item on which a draft environmental
imgact report has been Pre -
pared) from Qrchard and field ;crops
to ayricultural.residential om
located on
property; zoned A -t (agricultural -�-
both 3es of uir Avenul;R south
five acre parcels)
of Beil Ro'Ad, West of A]amo
s.
Avenue, Chico (file 84 -At) ,
(frota 12/j/86) (CONTINUED TO
r
FEBRUA l6o 1987.)'
t,
L
w
F, COUN`L C SUP RVI S txNUTRS r hoar 2 19$7 ,
,B
Donna Mooberr /Joe Burrell
et
(item on which a draft Env;iror;menba' General Plan A
Prepared) mehdment.
from Orchard and Field'Cro s pact Report has been
Residential on prdpsrtY zoned A-5
Parcels) located on both p to Agriculture
(Agri'
culti.ipal -- 5 afire
Road west of Alamo sides of Muir Avenue
Avenue, north and east of, south of
Pacific Railroad ;Railroad and north of East Avenue the Southern
�t5) , Chico,
<Flca 84 -
AI Beck d` _11
scusaed the mitigation measures.
standards rather than SR -S2 He re R -S2 for #� He
Ue requested SR -81 road:
quested that t=6 say „ of the waY the area was;
all parcels*'. He felt it was im radtica2moa11 parcels" to
Year sto� P instead of •,�
rm He stated that there were underground
to design for }
area and he suggested g a lOp
ggested a 20 YeAr, storm deaf ground systema in this
gn. ;
Staff stated that Rolls, the Be11 Muir area throe Anderson, and Rolls
siesi ned Yearn ago. Under did a study that included
g to IO yearn, this is what C ground system$ are usuall
'that it is a hico is ems Y �
underground or 'Policy consideration, whether the g now. Staff st ood
System above- grounc! .gYstem. Y want to have .an
,you could increase thin carr in _If You have .an above
Y g tri, t ground
'Chairman y of the ditches.
rman �ercr^uae stated' -that the Rolls, - �
not fcsri the Purposes of Anderson
infra:structure and Rolls study was
outfall from rural areas soutl,,,est and out
y but was for the Purposes of
to t}te river. '
Staff stated that Rolls ,_<Ander�son
;be a little hit of develo'm
And ' Ral1s assumed that there would
.more development Pent:, but the
There .ire a Pipe sizes will accommodate
zMa'I.ler pipe because Pailn,t at which
You can not have a a
Pipe is f,•+; You can not get. in to maintain it.
i mum
Al. Beck felt that a lt)0 f
g - ... Year . 1`he rain
tared that tine maximum usually oworked ch to
t'he:�nitgation measured is Plan for. He
'ghat the septics trete ecce for connection to 20 Fears Item,�t8 of
acceptable, commUnity sewer, Ne ;felt
off o bed, ause t_ambert,
Ccmmidsloher stated that the
Y could leave the last sentence
the
Y have to ;dorrtpjY with the h! trate
l Beck disc will ha at'udy
used Pressurized
or a'h�fected to alb, Water syateina compared to wdll,s on #9r,
for this ;a;rea' does,+�olice patrol,. i'uttin
g in a ane -time fee t
aye suPPosed to Provide the benefit that gee
plrovide. It is customer bersefi,t assassmentaecs
the conatriict an of roadway 'improvements f+or districts to
but the Maintenance co, #or
c?mes
g
# 4, of their gas tax money,
ChW3 rma t Vercruse asked if there was an object ,_nn. to changing the
;w,= fJ rtg. Instead of "forming a district" •'thy rlicanta would not
;ar test any future assessment needed in order to provide adequate
zsav*v ce lievel8.rr
A-1, :beck stated that an long as 'those service. levels are related to the
eniefitd that the 'peopl'et in What area receive, then he would have no
�zb,��ezti.ons, otherwise tl' ere wouldbe a legal a�,jection;, taxing them
�Fotr^ benefits they don't receive. The wording as it starts out in
a-_=Ibe.r 2 pro rata share, is reasonable.
C-Im- rman Vercruse was looking for appropriate language that we know
S t the people recognize that ibfrV\structure.will be needed and
,ice levels will have to be paid for and that they will not protest
�e:,aing to pay for them. r
Mrd Seck felt that these should be listed, because a drainage system
ahA�-, +to be maintained. One of the biggest problems is non-u maintenance
of -e-tiirface drainage channels.
r
Mr,.a5choenfeld, Cussick..tieighborhood Council, Arid they concur with }
+ of the impacts identified in the report and with many of the
gni. i,fzation measures suggested, they did not agree With the mitigation
Me --,azures; on traffic that suggest solutions that are vague as. to
x;3.rsncing and timely implementation. To proceed with this proposal or
rya other in this part of the Chico area without a well conceived
gp1iementation plan. acceptable t.o all. parties Is an invitation, to
deer-a.dation of the property 'va.lues and the quality of li.fe. He was
pppexsed to the, pro36at for the above reasons and because it would
term!` rye prune class soil from potential, ag,. use.. They oppose this
pticlpsasal as it would not -deal with existing dubstanda.rd land division. ,
p t' erns. They recomnfbnd that the Commission ruleagainst this
prtia'r+S7sal as ill advised. He stated that there are many bowling alley
;ehapied, lots. These lots do not lend themselves to an efficient use by a
r sfelt
a
helandshouldbe put'totag.huse, sHeufelt ethat athis drest
of
pr6jdct was
ps~esrxa `� u r e:. 1
man Vercruse stated that they had asked (staff to 'research the
's determination on the Bel.] Muir area and its status with the'
Cre&hilne policies. If the' 8611 rluir area wain intended to be
:CnZ�Ldered as part of the Greenline and coria under the-jurisdiction'of
Vit mire policies then all. 'of the points ho, Just raised are well
takomh& Howeverr, it was her recollection at the time of the
oonder•ation of the bell Muir, tares that it was cheated as a study
area: and `was not to be considered in the same light as other! seam
uest r ly of the dreenlihd, The board Made a motion clarifying that
P ct s'it1,0h in 1983 and sent this gell hulr area back t, the. Planning,
`� CO ITY l''�t +i1 G co *tY aN Mz ar s �" Sapte�tbat , �+, 98Ei
C{tipueasian for a General 17lars cpolic s did noturban
apply With
The Bell Mulr
stipulation that the Greenline p
area had been identified as a study area, and by a majorXity vote the
SQard could 'relocate that line only for Bell Muir when certain-
considerations Were taken, to include traffic and drainage
a;pec,ifical'lY. SheWouldlike this clarified
'Mr.. Schoenfeld stated that if this is the case, then their points are
not valid. He still would ask this Commission to deliberate on the
matter of the land division -of this .area:
JOe Burrell, 2947 Nord Avenue, stated that it was his understanding
re:garding depth and width of frontage towards the street, that if a
lot is 300 ft, deep it must'have'100 ft. of street frontage, a 3•-1
ratio.
"the hearing; Was closed. l
Cba i anon Vercruse statedthat• If they .are to 1 k l ng about ,encourag(i ng
lsage -Tot development, she sees 1.t as a buffer betwean snore,intense
urban uses and ag, uses She has:a problem with the mi'n(mum.County
standards that we have for large lot divisions;. She eesllized that
they are bblancing the cost of Infrastructure and the Intensity alone
arit.h needed''linprovements, but she felt that the County's minimum
standards arm not adegUtite for' a large- area of ` i acre 1 ots . She
"anted to know If there Was a way to 'suggest stranger standar-ds. She
discussed the problem with not having a specifid plan, but she would
1 lite to su�ggett, that pr I or, to appr•ov i ng anything that they have i u
mind stronger- standards,
Staff stated, that for the road standards, they couid attempt to find
something in between the two standards that were recommended. Staff
.wanted to know if they were lookin for mnre width# or sldewslks?
Ch6lrman Vercrus'e fait road standards 'for the potentlal number of
parcel splits for private drives is not adequate. In terms of the
drta`l nage, +t-hey have not seen a drainage P an. She Is looking far
aahere they czars go in terms of procedure tore qu1re spme of the
standards. Is It passible. to 'Ind)Ude ispj'cific pian at;. a condit'lbh?
Is
:it post i b l e to i no l ude a dra I nage p l,6'n .�Ss a band I nt I C!n!
Sta tated that they could l nc l ude a dra l `r?aoe c6ri
plan as a d i t i on,
but
fItsraIsds a 'number of Issues as to who, 1s
who It respot7slbla to :pay for
It, going to prepare It, etc. The County has entered "Irito a
contract where the ret I dents_ agreed to `ply :a ci�rta 1 n ampunt fo,
,, �xpE!!'173 l On r t We u l o 66
necessarybefore a draihage plan caulci b re as
certa i n amount of work and th i. would be an
p p r+ed to Grow what the
,development :pattern would be: There are At numberi of wAya to lmplemant
mitigst,i 6fi measures, i i.d. , form a district, have ,�► dell Mul.r planning
Area with polity statements; draft a nets tone with standards, etdO
.�
UT's$ CAIFI37'lC T'TaAi KING G[}I�PI of , N MZNtJTE5 epirEmiaet �4 ►x 19 6
rviboirman 'Vercruse did not want to create another new zone. Still
Dere is no overall comprehensive plan for the. Bell Muir at -ea
,5iiyAff stated that if they have direction from the; Commission as to
Ui�ot road standards they went, and what drainage standards they want*
t-o-OY would be a long way toward knowing how those portions of thea
im,fra'structure would work; and the layout of the houses, layout of the
pt;-j,va.te drives, the amount of
�property private drives are
4--1-pings that they do not know at this timevoted to rivet_
�C.omm 1 ss loner Waiter stated. that "as; Far as I ang 'harrow 1 ats" tyre
1aoncerned, once they are treated ycu can .hot "eI '1 m 1 rete them As far
as 'the overall project is concerned, he read the lEIk and looked at the
ores. Ho felt that this 1was a checkerboard EIR He did not f"eel` that
*.he E I R had Much va l I d l ty
H t cone 1 us I on is that the pry i thbry uta of
°t,he 1 and f n the subject SPOI I ant I.on area I s orchard and F I e I..d crops .
"e; r
ThezOh I ne of th I s area at th I s time, woU l d `comprom t les the ash
P t at I on that I s I n lex I stence.w The presbnt ust! "o f thou I and Is r tt.
MROst .." g I +ca l 'and pe)r use l and part i s"I or' s pot torr I's of
ti ectlonsdof the a1ollcatlbn area,
'd C+
M d
PP rens wou l create i '1 I og i cal drivel opmert,
and gro..,s i nadegUac I es I n the ,cost. to the Vi6r f butt pHoperty owners for,
C it,hse:I"mpr-ovements. requlredc HIV`r•aeommendat,,Ion' Is th' st th�sy recommend.
rs that the .whole ,pro�jsct be cis^c
�,p the Board; of Supervl ao
l~oir+mXasior►'er Lambert agreed andshe was riot ready to do a General
Main amendment on this site. She felt that they needed to hook, at thea'
ftM�Ire area; more needs to be done. We need to have drainage plans,.
ae"r plans, and need to know where they are going: in this area, and
:hry "felt that a sPecifi._c plan is
.. -exactly -what they need. She felt
than it wag an AC, use primarily: and a productive uaey It i$ good
She felt that they needed some, time to develop a specific plan
the area, and with the Greenline consideration coming forward next
ez^, they will have time to brim these things forward using what the
aPPI!cants: have provided. We need the time,to find out who is going.
pay for what! ho•� much infrastructure, and what is going to be
w gas tax, and what is going to be maintained by a
s �daa3i,tained Shy felt
that there were concerns ate circulation:r trsffi,c
dT''a ,
.,nage, sewer Versus septic tanks and Cal Water:
It Baas moved by C&mmiseioner Lambert,, seconded. bs# Comm�,e =}t xier Lynch
And carried fordenial as follows
t
A. lied that, the, requirements of CE4A have been
completed and considered;ing.that an j
Environmental Xmapdt Rdport was prepared, but riot
derti ied as 'complete i and
I•!► �Ihd that the
proposed uenet^al Flan Amendment, is
a ' 1 i T Ol1N'J"t 'IA ING gOMt 1$, N "kt t+itjl`ES "Sepl6
��
of
1
v
not consistent with the policies of then Butti
CountytOlanduse Plan
Ill its entirety iri that the
e is Cit -chard and Field Crops; the
project would have a detrimental impactto
agricultural Uses and the agricultural economy in
the Chico urban area; the project would promote an
illogic al 'checkerboard pattern of urban
develoillogic
pal
more sAeeific information is needed
00 the improvement standards including drainage,
sewer, :road improvements and, a layout. of
improvements; a:comorehensive plain for all
improvements is needed in order to make a finding
that the projects camPlies with the Butte County
Caneral Plan; a.speci£ic plan is necessary to lrsy"
out future development patterns; and
C. Deny the proposed General Plan Amendment from
Orchard and Field Crops to Agricultural
Residen'tiai for that area known as Bell Muir
located. in northwest Chico and more specifically
I defined in the Tell Muir�EIR incorporated by
! refer+cn�^e t Mooberry/Burrell) , _ q
!� I
;AYES. Commissioners F'eabpcly; Lynch;, Lamber'm. , and Walter
itiQEa Chairman Vercruse - - -
ABSENT; No one i
t
ABSTAINED: No one
{
lotion carried
Chairman Vercruse asked if this is denied now, what has to happen in
order, to develop a, speci,f is plan'? staff stated that a plan can b6 �
developed one of two ways-
11it`s a matter: of Who initiates it, wh
funds it, We, acltnowledge that there are
and if we Y s
panning needs in the Coo
unty,
wait until we have our awn reslources and staff it could be,, I
Lang time. We have digausmed the
ppsKibility of allowing private
aipp'l.idants to ,initiate thin process, and it is n.at exactly "clear whit
the agreement would be. What they have discussed is that the
aPPlicA t6 would have to�►
pay for an consultant work' the applicatibh
fees, etc They would pay a portion of the staff time devoted to r
processing the project. Staff felt when it comes to spearheading
meetingc tinct helping to develop goals and pal,'ii ies; that these. oiild
be Provided if the depa3�t-merit made acommitment of the ,staff r4,`OU cQs
tri that
pro,jedt. Staff stated that they Would need 60t of the bovine e�
to sign the application and be in support of j.t I£ they .had,}: rid'
Y
the ot4rtera they could move on 4hd do the entire area. The Elk *-hd thea
els
panded Alternativ,eis section did addj e&bd the. entire bj oclt
N � � BOUNTY P atiirlG
row I SM MIN[tTE3 �..
Uontia kooberr /Joe Burrell
which a draft Environm nd'1 r a� ":general
Orchardland Pact Pte Plan Amendment
nd Field crops to A r Port has beE'ri viten on
A-5 (Agricultural g icultural Residential'
Avenue,
from
Avenue "' $ acre located Property south of Bell Road, west on both sides of M it°ned
the Southern Pacific.Railto andoi Alamo Avenue
84-45) (C°rtinued open north north and east of
P from 8/13/86), °f `East Avenue,
Chico.
(File
Staff submtted,a
memo dated 8/19/86
Al Beck,, Eco Arial sts
of mitigation halysres.stated that the
sewage s He stated thatathlicant would appreciate a
Ystems, He said they needed he mayor consideration definite set
discussed benefit assessment districts, to su is drains e
districts were Nein SSest fundin g and
establish,a benbeingbet eertedeb He stated g mechanisms, He
fee ancourts, that benefit
y the He stated assessment
largest impact, Fie re ueste d the land, that they would have to
Transit plan: � d that this be made � He felt that
traffic was the
Commissioner L part of the chi Urban
traffic. ambert asked Where the i'undin
g was commg from and when, for
Al Beck, stateroa
d that d
Lambert; dinCtissed:, fees have to be on an area
the traffic on Sth ;Avenue: wide basis.
hfr: Commissoner-
Beck stated that 8th .Avenue .
stated that most of 8th AVenut is taking
Pro -
to be specific Pressute off of fast Avenue,
e, fu
is in the County. fte wanted� ge
area concept has to be g mechanisms, road, fees, m tigatibn measures
Rolls did a addressed. Hp also stated iie Stated
dtainage plan for the that that the urba«,
hole area. Rollsi Andurson, and
Chairman 'Vercruse. stated that the that you have. :to look t drainage :in the a
at the overall drains area Was bad. qtr. Beck
Chairman ge. t stated
Vet -cru- stated that she was lookin
Cori 'drain t.
g .for something that showed hoW this
'to the wtes
It,ure was a brief discussion on Ys
°reviewed by the Coirsmssion. a develop,aent
' plan, for
the area and being
COOMissioner Lambert asked tahat drainage' s'
Beck stated that tidCaiiz did' ;o e,- g tudies haste been done,
couple a Ro11s and
done b 'years ago• Chairtif n , then , Anderson
Y Brot�n art Verdruse stated Rolls
Undttt,t,ndin and Caldwell, but it does that there was just a c°
t that Brown and riot ifidlude Bell anothe+ one being
FEolla in carts in I Aldwol ni Moir: It Was' staff's
P Cha.'dsaatoWn, an might inc the:_Ito11s
P one too.
a , Anderson
_ i and
ton L� Un +}�,,+ .no
,.
n aL M
i
t
CommsZ'joner Lambert asked how costly would it be to
indica'�ed the type of drainage or what t prepare a ma
Water. is, 'etc;. Ype of Sewage, P that
g circulation, where Cal
Mr. Beck stated that he had an old map of Cal Water 'hookups.
they have the ,Brown and Caldwell pian now for sattitar .Staff stated that
any storm drainage plan, y sewers.
We do not have
Chairman Vercruse asked, is it anticipated that should the: EIR mo
adequate for a General Plan Amendment move forward
this area i will there still bc, as
r
i
a Specific Plan for
stated that they believed that there should be
Area41 , art a Specific
Thele is interest on the. c p y owersplan for the
east Over the same issues that are beingsdiscussed in this
' pro Art to the south and
Impacts, drainage impacts, plan, i.e.
.recommendations as to A committee has been meetingand , traffic
t encouraged thisgroupwhat should happen on contiguous working on
sPecif%c plan, that wasoaconll t ct the Mnobetry/Burrell roup. es. Staff has
feels that it is group; Staff felt that a
g, would be advisable, but staff a1;;O
also involved in it.
unfair to these applicants unless the test. of the committee
. 3
that this area is dist'
Qlairman Vercruse Stated that if they d :consider this a
i distinct in a number of was s Part of a larger area,
Y 1 Particularly that t
h2.ch makes a diffed Possibly in the future, on the west side of the had`been
Up to this point an
in hoa
urban, perhaps rnrt -asa.as otherlook at it as ,a a Creenlir►e,
tl. it this area was different
p puffer between ag, and
pk'o`erties' to Ltte east and south. She felt
iStaff stated that it is different, but w%?.l still be de°e
nfrastructure zequitL1.nents. Tt doe P ndent upon t
the other area. It s not have a P he
is totally dependent on East Avenue.
'that is outside b'
Al Beck commented on 'the specific plan stating that he a`
Mould be 'better to have a
infrastructure nd Larger area and a more d'ree definite, idea ofhwhatstaff
that
t
Ads are s part of the specific plan regiiremer►thts,, other
Chairman Vercruse asked sit the General
i ghat Happen
the documentation in the EIR and the specific en6 nPlan is a
applications acm3n approved based on'
Ming through3 there would .`hey stand? process and they get
staff stated that if' the
project was approved as
rafot they
far an Urban Reserve that would re a re certain oth
be�c�ote they start to iievelo q i..
pzapased, unletis 4here was a
It was going to ha P: then they would hava et things to nccur
ppet�. lost, the ability to say how°
Approved of inco
Chairman Vercrus� asked gbas ons � possibility Yf, a General ,Plan 4hie
parotin p
staff stat
ndment Were
g f, the conditions the Urban Reserve conie'We
Stated that this mi ht be .0"sed as we71 As the m tiga�.ion, measure§.
--
►t 11_. _
t _
c
w,
de p p
Beck stated that the applicants have aid for this application because
pending on dnather: area meant several ypars+af waiting;, He did not want the s+
people e,o le in the area to have to wait for a �Peclfic plan ,to develop.
Mr.: Beck discussed sewer and wells. He did not feel that with one dwelling unit
per acre that there was 'going to be B
a problemwith sewers,
Chairman Vercruse stated that the County needs to look at how much cumulative
•
effect are they going to tolerate from septics within an area before they want
to commit to upping the density to making it worth putting sewers in, that one
acre, lets are the breaking pointo that 5 acres are
fairly safe. Between the l ,
acre and the 6 dwelling units per, acre, where do
going to tolerate aid how man you decide how much are ;you
y within an area are o g g
rolx=ission has never been asked to decide that,, and t isnsomethingtol lthe?$oard�s
will have to decide when they face the Nitrate Action Plan. There was a brief'
discussion on types of soils "suitable for septics.
MathOW Webber asked the Board for some costs and the eng
thin abut .infrastructure and draina e, etc, ro�tineer did a lot o'f
therare some estimated costs for improveinentsintheareafy
and the
e rangefinafromH
$8,000 an acre to
$40,000 an acre. He owns 2 acres in the area and he is, at
minimum, looking at $16,000, He did not think that anyone had mentioned water
line costs and fire hydrant costs, etc., and. these things have ;not been brought
to light.
0hairman Vetoruse stafvd that the costs are paid by anyone wishing to develop
their land, not necessairly those that live there; these•are development costs,"
Assessments:oud te:'district wide and the boundary lines would have to be.
proposed; Benefit assessment districts can be established; and if lCf abject it
;goes to a vote. TheBoard could establish a benefit assessment- district and.
determine :boundary lines, if lex
object to being of the people within those boundarin lines
the ballotand vote, _
td,iAed then it would require the Board to put,thv. 'measure on
:
fir. Wabbdt stated that on these costs, considering the acreage that at the
present time is, available; are running between $25,000 and'$35 Q00 for a l acre
.rot, He was concerned abaft the cost with another $8,000 to $41,000 tatked. on.
`Commissioner Lambert asked which costs are borne by the developer attd which
+Costs are area wide:
Chairman Vercrusepfe t, that
some of the mitigations that are identified he
could be broken a re
and some would have to be included tiit�allatgeroarearne at "Tjie tthe hings of development;
larger area. would be sheriff Protection, fixe Protection, things that road dee a
:ould not cover the #nirasttii6tutd needs In this, area :on their own. it Mould
have to be nc).uded in a Chico Urban area study Other things such as drainage
reuire
q' merits and deVdldptent: standards could be Parcel by parcel,;
Commissioner Valtdt asked Which costs Would Rt' Nabber,have to ps)r when 'he Is
riot going t develop► he is already there:
f.. UbUk3T5 PNl +CdJ15aiC3N ;Irr. AiigUSG 18
Chairman 'Vercruse, stated: those things that were est kished far, the Chico Urban
Area as per CATS study, development fees, road fees He wouldnot have to pay
;anything unless he tried to something with hi,s property, but anybody doing
;anything, i.e. for school fees„ if a bedroom was add(„rd then they would pay
,tchool fees;
tommisslitner Lynch stated that if it's development fees then the developer pays
as it's deve7oped; if, it's a benefit assessment district then everyone pays. He
felt that they needed to understand that,, that the only +-ime it is going to be
the developer is when .it is set up as a developer kind a a fee for whatever
Purpose.
Al Beck felt that certain fees, such, as fire fees, that are standard for
+everyone. Fire hydrants have been ,looked, at 'as being. shared by everybody, He .
wtated that benefit assessment people have to :now what they are paying for.
Udte was a brief discussion on who pays 'what benefit assessments, and, the need
,:o ,know what is necessary for development: of x acre parcels.
Qgirman Uercruse stated that they have not had to face tf!a questionof funding.
mechanisms. This Cc; omission has never seen a presentation on benefit assessment
4iistricts
50TXiissioner Lambert discussed the, concern for drainage on the particular site.
there development is occurring, but questioned where the drainage goes
twiltimately if not perhaps impacting the neighbor down stream,
fir,. Beck stated that this is why staff talked about the need for a specific
plan.. you could approve only so many lots before you had to start being
concerned: with downstream-influences Tte Comrnissiori has to decide +whish
standards have to be requited for development of 1 acre lots. which things are
.enefit assessments and areawide like fire, sheriff) drainage4, and fire
the residents deride that:. they don' L grant to accept
tkae-s
.decision of the en if iBoard of Supervisors,; they; will require G ' a3t&. lie stated,
that when you gt” for the benefit assessment. district you hays ::o set ap a
svecific valtidfcr. each parcel; you have to specify the exact cast per yetcr��
j' and you establYsh a base core and go' from there
Co 18sioner "Walter asked,, tf -you propose I y p p ose
a benefit assessment district and
someone does not want. to develop, is he still going to have eco pay for whatever,
twid changes are requiraO
M.r: Beck. stated nb,. the r eveldper will pay. 'There was a discussion on who pays
What fees..
dtaimissioner Lynch asked that assuming that, they approved the zoning change's on
the basis that there were going to bd some, benefit assessment districts and hien
the eo le in the area voted down the districts, could the toning be conditioned
upon the, approval of the benefit assessment districts?
Staff stated that they do have conditional toning. At this point in time they
are talking about the Genetal Plan, Even if the General Plan changed the,
eatisting zone, A-S conforms either way. ft. taould be at the tonna& level when
the possibility of more development could be, proposed.
U'� CCIUNT7 l'LI, iNlkr; 0011 1aSfQ2 ` trPU'i�E3 -� Ai�gitn � 27 1 180,
Q t
Chairman `Vereruse stated that if the General Plan
zoning that exists
now is in conformitywith that designation,
goes through the
�i8nation.
Commissioner L
ynch hated that when ou
are talking about
8 assessment districts it se
would almost have to come before t Y get to the Point oa see rezone, and you
P
Cies like the ssment clistrict
he rezone afiherwi�ie the
Doris Shell, 2715 Rodeo rezone is inetfdctive,
st,;,ted that she has listened to developers and about septic tanks, ;and she sees houses bean
seem to be going though g built out in P heard
from her, the road 8 tit, process. She sees this area that don't
septic tank. has not changed, the 1 acre parcels down the
She felt that the street
y have a well Out in -front, t
was because they were on the a y were being put uPtn'and wanted to know 3fhey vita
8
side Of the Greenliite.
Chairman
erc sae8tated that the reason the
Y have not been through a Y are dif`fat"I t is because t
8 rezone a they came
Probably had their parcel map filed for same time or the.
parcel split Pplication. They have
in
,Pand have- a
sittfn zone that conforms, Thor Y Just went through a
sittingAs smaller parcels for some time without y nyadevelo meatI§ could have
:people have to do is.get a buildin been`
g Permit: development All those
Doris Shell dr
of all scusse'
•
at once: d paying the development. fees ovea a period of
years instead
Al Beck stated that road fees are usually .sheriff are ongoing fees: Some fees are zPaid
teor up front, Fire and drainage,
Y _8 term maintenance fees-,
- �o�mnissioner
Walter brie El discussed .police protection or Zack of it,;
uss
.Toe Burrell did hot agree that the
had no flood ctMtrol Property drained to
problens dura the middle. die said they
-�g the Iasi big storm.,
e Turner stated that
this 'wasntt true, that some of the
in
ie
to the subject area: Properties do drain
Marsh y. Site also state
Wiemer was concerned about the traffic: on Muir and.
densit concernd with '
area. d that there is a drama e
8 problem in thee Muir aid 33e11
Commissioner latabert asked about the.meetin s in
there Ate
groups contiguous to the south and easttthat hgve been
he atdaff stated that..
Staff stated that the. meeting.
-origin and destination egoing to Contact the Co110ge for a
to Esplanade and will°re study on this portion of Last,: traffic county an
port at the next meeting. Aventae from Highway 32 east
. r
rItigation measures he and Conimissione'•
Chairman /ercruse stated that s
g g
�te1s .
g back a rap-ort,. amber!, w 11. o throe h the
Yne Turner 'stated th brie
at there tsasi a lot of traffic oniiuir Avenue►
E
- Bb C,
1NU
k
K
Donna Mooserry/.Toe Burrell et al General Plan Amendment. {.item on
which a graft Environmental Impact Report has, been prepared) from
(7rchard'aid Field Crops to Agricultural Residential on property zoned
.A`5 (Agricultural -,S acre parcels) located on both sides of rluir
Avenue, south of Sell Road, we^t of Alamo Avenue,, north and east of
the Southern pacific Railroad dnd "north of .East Avenue, `Chico.
84-45) (Continued from 6/25/86(File
)
Staff stated that the consultant has rewritten the RIR documents and they Ware
submitted to the Commission The
included and the consultant's recoprimary changes are that all the Costs are
mmendations,,.. mitigation measures and off-site
improvements come to $8,40Q+ per acre.
full uzban storm drainage or sewage disposal.dkf theses not ntwoditems Provsionof
the per acre figure would inflate to 41 000,included
has been rewritten as requested by the Commission and staffvhepact analysis
area of impact as being located west of Esplanade, north staff
Lindon identify the
highway 32. Staff included all
projects applied for and not denied within the'
last .two
years- taing through the cumulative analysis the Commission will find
that.. the proposed project ,represents 479 of th
the vehicle e dwelling units and only 157, of
trips. The consultant was present to answer questions.
Commissioner Lambert Wanted clarification on the 477 of total dwelling units and
15� of vehicle trips: Staff stated that when you take all the projects that.you_d
have been applied for in the last two
toasts you will have and hoot much trafficayou willCgenerate andan count-up houtmof those ing
g se
traffic generated s, but a lot of
ro acts there will he some catnmerc�,al with no dwelling omit
`ri P g P y "�
Comms%il over halter stated -that ata rah 7 Says Land use conflicts between
use no��uralists and residtnts are mitigated by Greenline setbacks, agricultural
restricting,ment ..
Wanted tto know what as meantbyto 7 'SO a m. :to 10:00 Pimill) and he
setbacks
Staff stated that the consultant had su
development andlor limiting the placementetifed s such
things As tltisterdd feet of
the tenter ok which may move them closer to the front of the lot rather than''
the Greenl
Cohimi'ssiot
of the lot;'
z Walter di
residents. scussed the differencelie. felt be
tween Agridillturalists and,at the agriculturals.Ves would also bo residentsCh
t:attrtthat some might be; but not. all.
p g :.
Staff stated that in referrn back to the document xt does read, 'new urban
�develo ment wathin 2t�Q seat of the greenline be set back the maximum feasible
di tance eonsistent,with the applicable zoning teaquirementg '► it'doet only
&PpIy to the hew itban, uses, y
Z
LUT to 1l1rt,1SSIf?!}friUyl/
Ails t l� � X�38.�►
f 0
could develop standards in"the -i P .
Commissioner Walter discussed clustered develo went. Staff s:tated::that the
part of the planning y
implementation section of the do'cuipent, whereas
g policies would apply to later -development, which might
include: retricting the development within 200 feet of the rear lot Ti
it bumps he against the Greenline, or in
residential dwellings Within
feet of the road in front of them, clustering With n 7S feet line when
leaving the backs of the 100
properties open,saa ,and
Of a cul-de
Commissioner Lambert stated that restricting, farm equipment use from 7.30 a.m.
to, 10:00 pdm. is a concern:
Chairman Vercruse stated that ;she would like to continue this it for input and
review of the new document. She raised the issue .of Whether , em forE„
Be11�Mu3.r area' would have to meet the finding requirement in the no
greenling
language last time, it was staffts opinion that it would, this was still on the a g Staff stated that
g. side of the rdenline. Also staff stated that they
would review the original records and report to the Commission regarding the
appropriate finding,
Chairman Vercruse felt that the policy needed to be changed, because it was not
the intent to include this in the Greenline findings. She felt that the
Commission could not. meet the findings and this process is futile in light, of
those findings.'
Commissioner Lambert .felt that this was set aside as a study area, but on the
agricultural g andnlino had all the requirements'as any other
popertyonthe da Agri othere of the of the Gree `
aline.
Chairman Vercruse stated that her understanding was that yes it was on the
agricultural side, but that it would. not remain su if certain problems Were
addressed and 'solutions Mere found The commitment, therefore, to keeping it
therewas not
present and this is why it Was identified as a -study area: There:
was a discussion on changing poliey language: She felt that 'they 'Were. spending
a lnt. of money for nothing if this project could not meet the findings,
Commissiorer Lambert stated that they had the.same options as any, applicant.
Chairman Vercruse discussed the`traff'ic and drainage problems in the area.
The hearing was opened to the public:,
Al Beck wasresent to address w XR: He thought t
p het Was 3 n the f; that this Was a
s ecial stud Ar P y
ea and that -the alicants did have ave a `chance, He fey
dial not have a chance :based ..Oft some of the interpretatelt that th
ions.'of the Greenl,irie
policies" fie discussed the use of agricultural easements to that new parcels
that are created have a notice on the :deed that states that they a -t neat to an
Agricultural use and that they ate going to be subjected
fie stated that with the improvements made in the 91R he feltnthat3°thesbasictj o+
requirements have been met;. He discussed street im roveinents.
only 'funding that .cat the
an 'be eorrsidered iot such, thiflgapaS traffic hHOL ave'fto beelt hAt -
wide, The Chico Urban Area, Transit Study is trying to address this':, fie
discussed the drainage systems, if the ehtire area deveed to lots of
lopone
y
acres, d, but the lime is about 1.1
acre or less a urban drainage 's stem waixld be nee'de
BBCf:..
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Chas tmn Ve'ircruse. stated tb4t she was having trouble with the EIR. When the
I tae was drawn &.Nd thestudy area was designated, "her understanding of the
;)rooess was. that, they took input regarding Bell Muir during the Greenline
s_
process, the area could have gone either way. Commercially it is not
s;tipportable as commercial-agricultural., and there was not the support in t;hn
agricultural community to snake a commitment to keep it in agriculture; blit
$ecause the parcels were .large, and because of the planning problems, draining
pzoblemt, narrow roads, good soil, etc., there was not a strong feeling that
this should develop either. When the line was adopted it was said that if this
�.xea could urbanize, it was not to big precluded from urbanization, if certain
Xtbings were addressed. The things that were talked about that needed to be
zonsidered'were s drainage plan for the areas and a trafficplan for road
improvements for the area. This is a planning, area. The idea was that there
eras a need for specific planning for the area. This is not addressed in the
i
OEM,
-
Staff stated that after the 11pntification of this as a study area, the Board of
Supervisors initiated an act16n,to possibly consider a General Plan Amendment,.
'the Board theci directed staff go out with an RFP for this and two other areas.
s When staff brought the cost back to the B�^ard; the Board opted to not take any
aiction. As a result of this the applicants decided that they would take it upon
Y
t1tmselves :to initiate the actiono using the RFP that was originally prepared.
i 7b.d EIR was prepared along the lines of the original RFP:
X1, Beck stated, that one reason for the map that they submitted shows that there
ate some largo parcels surrounded by development 'that has. steadily encroached.
` to AlSoL discussed development cost:
s C-ommissioner Lambert ;asked: if they were talking about a total area of 270 acres
car if it is morel
j, Staff stated that when the Board initiated a General Plan Amendment for this
I-_rea:, the 'Board used roads, for the boundaries. The private application being
considered here is approximately 270 acres-within the road boundaries that are
caot contiguous, because the applicants paid fot the EIR and the applicants felt
Oat these poopleL who contributed to the cost of the ETR should :be included in
the General Plan. Amendment. In the EIR process, One of the requirements is to
donside7' project alternatives. One alternative vias to consider using the -
56ard4s,suggested General Plan Amendment area which follows. 'roads 0 eto..
t bmm ssi;onet� Lambert asked; if, Servide, areas or districts were formed for the
ifrastr'ucture improvements, wound, it include ,just those who are paying for the
'giaff stated that a district with discontiguous boundaries is going 'to have
spri
abougus tproblems: Staff stated that there are 'A number of "small parcels, and
I of them are developed that were ekeluded from the General Plan
,nendmexlit ,area
LI Ieck added that the people. who contributed to the EIR are concerned about.
inch diaig a lot of lots north of Bell Road where people alroady have a 1,
subdiviadA lot and don t want to pay :foie any More, improvements► This ].units
their chanee of :getting a s''dkvice area. iia felt that they should get'stdndards
for as wide an area as pdssibld
13 TR CO.fi3�1T P .ANN'l �COMr1�55TC t� 1 C1TE du"sie 5 1�18fi, . ,
,.
r:N+e< rr - xi vv
,y
Xli
r ,
abert, Olson, Alamo, stated ,tht .he drove around the area. He stated that it I.
, -
49b 2/3 ag. land t:ha�, p p y p five. He questioned:how many
b t, 1o0kQd health and rochac
anew residences are in t'he ro osal.
staff ;stated approximately 30 within the project area,
JaRobert Olsen stated that the S -R and SR -1 has a It of undeveloped area in it.
Me questioned if the area needed more -residential development.
Joe Burrell stated that out of the 400+ acres there were 232 homes.
Mon Heffren stated the issue was the Greenline. ;He felt that they :needed a
study area. He was in favor of this proposal. i?k; felt that there was a need.
for 1 acre lots in the area.'
Chairman Vercruse stated that she understood that neither the coalition,"farm_
-= 'Bureau, Commissioners, or Board, had made a commitment for this area on the we,t
side,oi the Greenline,, and that is why it was separated but. She asked Mri
iieffren if as a member of, the Farm' rAu'reau Board. of Directors and a participant
In, the erzalition, if'that was his recollectign also; Mr Heffren stated yes it
was.
V,aristShell,
he kocanrnowas
nin favor of the Rod project, She stated that they can hot
w y. eo Road, she said, was 2/3 houses.
Oelsyne Turner wanted good Land in agi. production. She wanted them to protect
the good soil.. .She stated that they were not: bothered with nitrates, but if
this is; allowed to,go ,into one acre parcels there will be problems Frith'
'.crates. She Was ag&L-ist the project.
C'Adirman Vercruse stated that t�,e 'SIRdial not focus on the traffic problems,
drainageproblems:, etc.
tris Shell stated that the traffic problean is worse than it'used to be. She
did not feel that a few more houses Mould increase traffic ghat much.
'MAthev Webberwas concerned with the cost. He stated that construction
equipment would be needed on, `the roads.; who pays for taintenanee of roads; who
,gays for seders, water %fines, 'etc.?
cbaitmAn Vercruse questioned Mr. Kennedy on the EIR. She asked if he was
.addrsssin'g this from the standpoint of proposing a project to mitigate certain
things that were raised in past hearings. Did they approach it .from the
standpoint that they recognized thee documented testimonies and hearings,and
decisions that have br,ert Made up to that point and to recommo-nd specif is
pp g y y documentitn" recognized problems
mitigations for thea 1icants, or were. the you S g
that needed somehow to be rniti ated?
,t✓Ir Kennedy stated that there was an intent In both areas. He stated that
agility }•n define specific mitigation ineasures is limited by the policy.
decisiotvnialcing that needs to take place and the decision that needs to take
paaedraft &R.a i#e Was thereetophear whatothe+t6fibissionld necognize that this
3a... We n_eded from the
dddUbdnt in term'; of specifIt mitigation ineA$utes.
R0'i"i"$ _Ct p12J�'
�ul1TRS -• dune 'N 1p�t36
Chairman Vercruse stated that as outlines here in the
Master Drainage plan for 'the Chico Urban Area sa s ne EIR,'"'"artigipating`in the
fpinpoint,y g• It does not
o Y g is for this area.
<an kind of infrastructure requirement
she needs to know: are the ws She: stated that
what will it cost applicants what doothey wantrton$o withage ttiiet, if they do,
where do they want it to 8071
How is it district, and
going to work? She was disappointed
the the EIR was not done for the whole area.
CamMissioner Lambert questioned that the EIR was paid for by the people
area, but is it not an impartial EIR; rather than an EIR as they have had in the.
past,, done for an a P p e in the
applicant by an applicant?
Staff stated that this was an impartial EIR. It was limited to the a
:property because they Paid for the EIR, applicants
project alternative section, Staff stated the larger
area was cons deree
p y in the ;a
project, and there - application rov'-ded for a
F
was do alternative section tkat discussed the entire project.
I respond to the questions that are bein rai t.iscussed in depth enough to
he concern is that the alternative was not
before the Final EIR is prepared. 8 sed `this needs to be considered
Chairman Vercruse felt that the ;EIR was done backwards: rather than
a
have that
;the be the alternative the whale EIR. would have been written using the areas and
ive iaould be to limit It to the people who were coming forward;!
numbers would have been different.; p The
ataff stated that the Project was no. the whole area; there; are little;islaniis
and you could t
not re311y look at it as a whole,
1tvmmi5s1oner Lambert; asked°what the
Z1'R was concerned. Y could do at this point as far as the draft
staff Mated that thishearng is'for both the GeneraX PlanAmendme
EIR. They might want to take -the EIR firs"t and ener comments from the And the
{ Y, p g
ht
dequacY. up to a level of
commission today,* which would hel �o bring the document
Chairman Verc"ruse stated that she. Mould like this EIR written to ;include
whole area, to include all the impacts, and would like to see. the IncludeMitigat- the
Measures specific to the area and not dependent upon whatever master tan an
B g p p r
Measures as Outlined sareOrthChico Urban Area, She felt that the Mitigation
inadequate,She would like to see snore documentatidn
Irl terms of impacts related to the density as proposed with these a
pplicants
for -luded in the whale, not:just individually, she Would 1,ikc to see some
Infrastructure proposals] how to sotve the dta�,nage, where to put this
ciuverts' where it Is going to drain, and the cost. She would like topiees.a�id
at,
-would Lost and how much they would have to improve the roads within the area
td bring hem u to County stanriards. if districts a
would like to see those districts proposed as an as Are eeing dfstrictpsriot She
:related to those applicants, She would also like to see pro ectt) h fo.
lines and cost r sewer
Y.
nsisolatedaitdiriOithinth
dest ire addition to thisf the cav not look at
ese boundaries
land because they haVe g this
already coned kdt residentoat deal 'of
ial, use, ria Northwest Chico Rezone that has riot
4rESxi�1 %tTNt ES �r w.,
been infll6d• There is a committee working on the ;area Surroundin' t
y P , g g g his, west
Of the Es lanade who want to reconsider existin zoning because of "the density.
The 'are concerned Vith the impact that is already there should the area
buildout to General .Plan densities.
Chairman Vercruse stated that orae more thing she ':would. .like to s
that nothing should happen here, unless the, urban 'see inc ude is,
influence, of the Chico Urban .Area is"ex expanded to"boundar
take agreement on the part of the City,. She s e Bene, City. sphere of
P iticlude Bell riir, Thi would
City stated that she would like imput
from the Cit on this issue should the Chico Urban Boundary ;Area,,":and.
influence be expanded..
reflects a chat sphere of
Mr, Kenne.dy� felt that this re` le
charge in the project description and
would require some specific findings made by the a
1-0 propose and what has been addressed, QPPlicants as to what they want
Frith the.P:lanning Department and applicah - stated that he will have to work
Commissioner Lambert stated that the Commission had alternatives: ointed o
staff: ane was the possibility of making a decision, yes car no bnnt'her out by
middle-of-the-road approach such as an Urban Reserve, which: has been. used
Is the
gnat, She was not sure that there, was any advantage to an .Urban,Reserve, in the
Restricting development to 5 acre parcels:
Staff stated that the Commission is
use permit, so o"linot considering a rezone, subdivision,
er'methods must be cGnsidered to assure Mitigation Mea ures
are. implemented: An Urban Reserve overlain on the existing General plan
riesignatiot could require the accomplishment of the mitigations before a
of the General Plan or zoning. Staff suggested that if the Commission change
te.commends 'approval of the General Plan Amendment they must include a specific
means to iipplement .the_ Mitigation Measures.
Staff stated .that they would have to look at, the i2FP for the ATTR ff there are
issues that have been raised by the Commission that would amend the project
agreesctiPtY y contract renegotiated and the applicant would. have
continued ito�bparnanheadditional,rnthe costeneS'Laff sug ested t. ,
poen and let us report; back, 8 _ hat,thi be
Tt was 'noted that there was a consensus to follow up on this:
Al Beck stated that one of the concerns of thd, applicants is that the
they paid for. The apP:licants want the information that was necessary to miket
this a complete ETTt for the proposed project, tie stated that the Commission...
'would like to make it for 400 acres; the
Commission wants a; lar elr stud it should rbeathe 'ry ptOJed isCam0 acren4t If the
foe its 8 Yr
hat. pays.
Chairman vercruse stated that if they can not pursue the larger ETR, wouldni it
st 11 .be pertinent to their project area to include the cuarger .91 ,itApacts
"recognizing What is atound thein.
Al Beck stated that those are required by 0E0A and would not be a neinro ect
P j
a�0Il11T!' PNiMC G�tiM3'Sl i ,_ „n W _
Cilli iNtaU_ dune r 986
• L ;
}k 1
l fi:6f15j
Discussion on choosing consultant for preparation
impact report > p
**
$
o an environmetital.
^or the Bell -Muir area
as amended, pursuant to R'SOIUtion 75-57,
THAT
BELL
T9t -Ml xJ p, ApEPACT fiiiE BOAIRD "A'S GIVEN DIRECjIOTV� THAT
AREA BE CO NSIDERED FOR CONTINUED STUD'
CONSIbERATxOIV OF
A AND
THAT THE �GENERATJ PLAN CHANGE AND REZONE ANb
ENVxi2oN SAL r+1riACT S7TUnY'
$Y1+?3FF
_134 CO �tD[icTEb IN-Io�rA E�
4.
583
1
mic tion A.nended; TO TRCLUDE THAT I%T- DIRECT STAFF TO
CGO ,AiiF.l�b ANO
C1t3`1"F1fCTVxTIi E�RTI i�iE'a'f2ICS
TO DO Edi; f OR
MUIm$E BELT,--
s"� STUDY ARF�"s. I
Id iS
Vote: 3
(MOT101 TABLED, SLIRERVI',SORS DOIAN AND CVHEELEIt T-04tiroRi� 7"OGETHER 7J
#rlAitL` It1 C(r�,M j13TI0N5 ON_WI%ji_IS -IN ORDER
'BEST --
iFOR PEOPLE' DEVELOP
ACRE 2'CELS. J -
itWAAL_U
r.3bRS "j' UTE cul17
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