HomeMy WebLinkAbout84-70 GENERAL PLAN & REZONES 5 OF 5If traffic studies are conducted, summarize the results
and append the stud y
Describe the following by
use of maps
Major and minoir street systema
The proposed width of streets.
Proposed street construction standards.
C) Street names and house numbering systems.
() Other public or,private transportation £aciUt es such
as bus stops, pedestrianwalkways, horse ''riding trails,
etc.
XV.
Public/Private Services and paca l.ities Section
General Plan Analysis
The County General Plan includes many sections which relate
t�, services and facilities. The provision of adequate services
and facilities is important
an planning consideration in
Bute 'Gaunt,, and is incorporated as a separate section for
this reason. The relationship of the project to services
and facilities ,should 'also be discussedowever, this sec-
. h
tion Will be primarily a description of project implementation.
Imlnietita'tion Standards for Development
Describe the t.Ypes of services and facilities to be provided
as part of the project and the agencies providing these
Services and facilities. This section should also describe
the sta,nda,ds approximate cost, and, metho=ds of financing for _
-Construction, and provisions ens for continuing maintenance 'far
Wl at,8L supply, sewage disposal, solid waste disposal; storm
wa.41`GT drainage, local utilities, 'Mosquito abatement, public,
schools, police and fire stations and other pertinent public
bLdIdi cgs.;
M s t The mapped portion of the S ecfic plan includes ti-,e
£oll0� ifi, Maps �s should be placed at the end of pertinent
p
sec•, a
t�. _n� or appended. .
Vicinity h1ap (8-1/2 11)
z.
General Plain (8-1/2 x 11)
3.
Zoning; (8-11/2 x 11) ;
r6se4t landi use ntap showing natural contours and existang
Structures and roads.
.'
Informa tion maps supplementing text,ncluding'upon-sp'aceoi'
conservation 6 sei.smi:c, public safety, noise and scenic highway
features.
..12_
(ENcerpts from the Govemment Cade)
SFECIh IC MAN LAW
` Article 8. Authority for and Scope of Sp'ec' 'c' Pians
65450. The planning agency may, or if so directed by the legis-
Specific plan
lative body shall, prepare specific plans based on the general ,plan
and. drafts of such regulations, programs, and legislation as play in
I ts Judgment be required for the systemc�.,c execution: of the general'
;pian and the planning agency may recommend such plans and measures
to the legislative 'body for adoption.
(Added by Stats. 1965, Ch 1880.)
6.%5 0J. A specific planneed i�at apply' to the entire orea covered
Area of plan
by the general plan. Thelegislative body or -the 'planning agency
ray designate areas within a city or a county for which the
development of a specific plan will be necessary or convenient -to
the implementation of the general plan. The planning agency may,
err, if so directed by the legislative body shall, prepare specific plans -
ior such areas and recommend such plans to the legislative body
'.for adoption.
(Added by Stats. 1971, Ch. 1446.)
65451. Such specific plans shall 'include all detailed regulations,
iContenits of play
conditions, programs, and proposed ,legislation which shall be neces-
sary or convenient for the systematic implementation of each element
of the general plan listed in Section 65302, including, but not limited
to, regulations, conditions, programs, and proposed legislation in
regard :'to the followings
(a) The location of housing, business, industry, open
i,c.>:cntion and regulation
space, agriculture, recreation facilities, educationalbf
buildings acid
facilities, churches and related religious facilities,
Imp uses
public buildings and grounds, solid and liquid waste '
ON
t,a disposal facilities,, together with regulations estab-
lishing height, bulk and setback limits for such
buildings and facilities, including the location of
areas, such as flood plains or excessively steep or
Unstable - terrain, where no building will be.perm, itted
in the absence ofadequate precautionary, measures
being taken to reduce the level of risk to that
comparable with adjoining and surrounding areas.
(b) The
location land extent of existing or proposed
1 amtioin and stmt ads ;
streets and roads, their names or numbers, the
for transpollIdtiazti
tentative proposed to pros-
widths with reference
facilities
pective standards for their construction and main
terionce, and the location and standards of con-
struction, maintenance and use of all other trans-
portation facilities, Whether pub! it orprivate.
41
Copies of specific; plans shall be mode available to loco
agencies and the general public,, i
(b) Notwithstanding any other provision of law o'
mental impact report or;negative declaration need be filed pursuant
to Division 13 (commencing ' with Section 21000) of the Public
Resources Code for any residential project, including any land su
division or zoning change, which is undertaken Pursuant to and ,n
conformity with a specific plan for 'which an environmentalimpact
1980* n suGheen certified under such provisions after January 1,
report has b cc -esu the environmental impact 1
plan shall rcohstitute co p t report for the specific
Y g e with the provisions of Division '13
s Code.
(commencing with Sections 221000) of the r `
ever, if, Otter adoption of the specific plan, an eventual spec fieri
in Section 21166 of the Public Resot!rces Code should occur, the
Provisions of this subdivision shall be inappl cable to projec.: under
taken pursuant to (or in conformity with) such specific plan unless
and until the city or county which adopted the specific plan re ares
and certifies a su p p
SLID environmental impact report for the
specific plan in accordancewith the provisipns of Div,
13 (corer"
mencin9 with Section 21000) of the Public
Resources Code:' Where
such a supplemental environmental impact report is prepared, the
exemption specified in thin: subdivision shall be applicable to projects
y subdivisipursuant
n a af. Secfianp2 i • J
by su subdivision
ur( ) nt to the s eCific plop rifler the notice required
has .been filed for the specific plan as reconsidered bylic ctheesuC le
mental environmental impact report, pP
p An action or proceeding alleging that a public agent has
cvrithout having previously to Y
Y
-PlanP 1 p (or in conform►tY with) a specific:
shallppct report for the specific pl Plan, Where radopteupui ed acct environmental
be commenced within 30 days of the Public rig ngtsbd ci s Win',
to atarry out or approve such project in accordance with the specific
plan.
(c) Subdivision` (b) of this section does not supersede Section
21080,7 of the Public Resources Code, but shall provide an alternativ
procedure, e
(Added by Stats. 1979, Ch. 1207.)
Article 9, Procedure for Adoption of Specific
Plansand Regulations
65500. BFfore i'ecoFnmending to the legislative body that it ad
a specific flan or regulation or any amendment to a specs( is at04
or regulation) the plahntng commission shall hold at least one
by c±D�i90Y9i9iE4�1.
nlngi
public�hearng. Noticeof the time and'.place of said hedginghal1 '
be given at least 10 calendar clays beforF! the hearing in the follows y
manner: ng
N' (# the matter is befarer a coon
lion, file notice shall be publi8hedpatnleas once i
a :new once, of
general,' circulation in
circulated tri fihe coon published .,and
be posted in at least three publi l janc, it shrill t
C county P $ in the
M 4
(b) if the matter is before a city planning commission,
-
the notice shrill be; published at least once in a
newspap er of general circulation published and ci,r-
or if there is none it shall be
culated in the city, ,i ,
in at least three .public pluses m the city
posted give
in addition to notice by publication, a county or city may
It may deem necessary'
notice of the hearing in such other manner as
or desirable.
Any ring may be continued from time to time•
An hearing,
Stats. 1965, Chs 1880.)
(Repealed' and added by
Majority praval
G55tll. The recommendation of any specific pian or regulation,
to a specific plan or shall be by
or of any amendment ategulation,
resolution of the planning commission carried by the affirmative
of its fatal voting members.
votes of not less than a majority
(Repealed and added by S'l'ats: 19659 Ch,, 1880.)
Submission to legislative
of an specific plan, regulation, or amendment
655Ci2. A; copy Y p
to this article shall be submitted to the:
body
recommended pursuant
legislative body and shall be accompanied by a statement of the
for such recommendation.
planning commissions reasons
(repealed and added by Stats. 1965, Ch. 1880A
Adoption after notice
3. Upon receipt of a Copy of any proposed specific plan or
6550regulation or amendment of such plan or regulation, the legislative
- and hearing by
Iegislative body
body may by ordinance or resolution adcot the plan or regulation.
specific plan or regulation, the legis-
the i
Before adopting proposed
body shall hold at least one (1) public hearing., Notice of the
in the time and manner
time and place of said hearing` shall be given
' ' notice of the hearing by the planning
or for the giving of
commission, as specified in Section 65500. or city may ,give
to notice by publication, a county
In addition
h� r manner as m. necessary
notice of the hearin , in such otit may dee
g
u:
or desirable.
Any hearing may be continued from time to time•
ted, shall b e designcited as a
Such plan or reg ulation as adop
specific plan or regulation.
(Repealed and added by Stats. 1965, Ch. 11380.)`
Changes rev by
6550. The legislative body shall not matte any chnnge,ar additian
plan, regulation, or amendment thereto
corrimissi'
in any proposed specific
recommended b the planning commission until the proposed change
leen the comrni>sion for a report
or addition has referred to planning
p as een filed with ithe iegisl�ltive body
the report h b.
and a copy of
po fortydays,'
011- to of the planning corYimission t od s mQht�beIgnat d by
longer Y
afteIr fhdI reference, or such p
the legislative body, shall be deemed to lie approval of the proposed
change or addition. it shall not be riecesso�ry for"the planning
hold q hearing on such proposed change or
corrirnission to public
raddif ion. -
(I epealea and tidde by Statsa 1965, Ch.' 11380 i�
44'
�..,.�
6550510 If the city does not have a planning commission, the only
or
Prucediure Wthrruf
come�issidin
procedural steps 'required for the adoption of a specific plan
to a specific plan or ;regulation shall
regulation or any amendment
be those provided. in this article for action by the ,legislative body.
(Repealed and added by Stats. ,)659 Ch. 1.880.)
6550. Nothing ih this art applies to the adoption or amend•
Application to other'
ordi►�aa�ces
men{ of an ordinance b the legislative body, whether or not it
y y g r
relate to the subjects mentioned in Article 8 of this ch ter
may
except ordinances expressly adopting or amendit, .i a specific 'plan
initiatedpursuant to this chapter.
(A:mended by Stats;. 1970, Chi, 15900
65507, When it deems it to be for the public interest, the
an ordinance or resolution
Adoption ao initiative
of legislative body
legislative body may nitiafie and adopt
r a s ecific Ian or an amendment thereto. The legislative
.5tab'lishing P p
y sal to establish such specific plan
body shall first .refer such l�ropo
arrjendment thereto to the planning Gommissidn for a report.
or
Before malting a roport, the planning cornmission she!! hold at least
The commission shall report within
one public hearing. planning
y be
days after the reference, or within such longer period as mabe
legislative body. Before adopting the proposed
designated by the
amendment, the legislative' body shall hold at least one public
ploy or
hearing. Notice of the time and place of hearings held pursuant to
be given in the time and manner provided for the
this section shall
of notice.of hearings by the planning commission as specified
giving
in Section 65500.
(added by Stats. 1970, Ch. 677.)
r.
,Article 10: Administration of. Specific PI`ans and Regulations
65550. The egislative body may determine and estab lish admin-
Loral rules
istrative rules sand procedures for the application' and enforcement
assign or delegate such
of specific plans anis regulations and may
duties to -the planning or other°
administrative functions* powers;, and
be necessary or desiraEyle, .
agency as; may
,(Rep eared -and added by Stats. 1965, Ch. 1880.)
65551. The legislative body may create adminisfirative agencies*
provide for other
Administtation
boards of review* cpeal,; and adjustment, and
officials, and for funds for the compensation of such officers,
employees, and agencies and for the support of their work,
1880.)
(Re pe' led and added by $tats. 1965* Ch
65552 No street'sholl be improved and no sewers or.co`nnactiat7s
street
rrWity
Pulalic °rlb if plan
vo►ith sac
or, other! improvements shall be laid, or authorized in any
for which the legislative body has adopted a
within any territory'
specific street; or highway plan until ;,the mattew has'!n referr<;d
such
#o the planning` agency for , a report as to conformity with
highway plan and. a' copy` of the report has been
specific: Street' or
`ng conditions
g ..
filed with tfle le islative body unless one of the follows
app lies:
45
(a) The street has been accepted, opened or t)os other-
wise receivedthe legal status of a public stl,eef
prior to the adopt of the loin.
i
pr � p
�
(b) it corresponds with '.streets shown on the plan,;
(c) It corresponds with streets shown on a subdivision
mop or record or survey approved by the: Icgislatvc;;
body.
(d). It corresponds with streets shown on 4 I subvdivis on
map previously approved by the planning commission.
Such report shatl be submitted to the iegisiorive body within
for (40) days after the matter was referred to the planning agency.
(Repealed and added by Stats: 1965, Ch. i880.)
IPubllo works conformity
with street or highway
65553. No street shdil be improved, no sewers or connFlcttons. or
other improvements shall be laid or public building or works including
Pim
school buildings constructed within any territory for which the
legislative body has adopted a specific pian regul0ling the use of
open -space Find until the matter has been rc furred to the planning
agency y for a report as to conformity with such specific plan, a copy .
of the,repoet has been filed with the legislative body, and a finding
made by the legislative body that the proposed improvement, core-
nection'or constntction is in conformity with the specific plan, Such
report shall be submitted to the legislative body] within forty, (40)
days after the matter was referred to the planning agency. The
requirements of this section shall not apply in the case of a street
which was accepted, opened, or had otherwise received the legal
status- of a public street prior to the adoption of the specific plan.
(Added by Stats. 1970, Ch 1590.) ,
Map corsister with
66473. 5, No local agency shall approve a map unless the legislative
applcablerlo
body shall find that the proposed subdivision, together with the
provisions for its design and improvement, is consistent with the
general plan required by Article 5 (commencing with Section 65300)
lon 1, of thisf specific- 450) ofaC adopted
of chapter 1. or
Chapter 3
shat to � tic o S (commencing with Section
pursuant ..
of Division ) of this title.
A proposed subdivision shall be consistent with a general plan
or ,a specific plan only If the local agency Lias officially. adapted
such a plan and the proposed subdivision or land use !s Compatible
With the b.166tives, policies, general mlan uses, and programs seci-
fied in such a plan.
(Added by Stats. 1970, Che 1590.)
Grounds of denlal
66474. A legislative body of a city or county shall deny approval
of a final or tentative map if it make�� any of the follavving findings:
(a) That the proposed map is nOt consistent with appli-
cable -general and specific plans.
(b) That the design or improvement of the proposed
subdivision is not consistent with -applicable general'
and specific pians.
(ir) That the site_ is not physically ,suitable fors the type ;
of development.
G6,
(d) That the site is not physically, suitable far the
rr proposed density, of development. the proposed
k (e) That the designof the subdivision c*
improvements are likely to cause substantial envi-
ronmental damage or substantially and avoidably
injure 'fish or wildlife or their. habitat.
(f) That the design of the subdivision or the tYpe of
improvements is likely to cause seriouspubsic health
(g) Thalemsthe design of the subdivision or the type of
conflict with easements, acquired
improvements wil
by the public at' large, for access through or use
of, property within the proposed subdivision. 1n this
connection, the governing body may approve a map
If it finds that alternate easements, for access or
will be and that these will be
for use, provided,
substantially equivalent to ones previously acquired ;
by the public. This subsection shall apply Y to
of record or to easements established by
easements
judgment of,a' court of competent" jurisdiction and
to legislative body
no authority is hereby granted a
to determine that the public at large has acquired
easements for access through or use of property
within the proposed subdivision,
(Amended by Stats. 1975, Ch. 24.)
66474.0; A legislative body shall not :deny approval of a final map
approved a tentative
Subs tent ial comp Hance
of final map•
pursuant to Section 66474 if it has previously
• map for the proposed `subdivision and if it finds that the final map
is in substantia compliance, with the previously approved tentative
map. -
(Amended by Stats., 19751 Cha 24.)`
`•i 65474.5. No local agency shall approve a final subdivision mo for
. usiness and
8
Approxi of Paa:d'
Projects
any land project', as defined to Section 11000.5 of the
Professions Cade, unless:
(a) The local agency has adopted a specific plan coven
Ing the area proposed to be 'included within the land
projecfi.
(b) The local agency finds that the proposed land proms
' with the provisions for its design and
jec#, together
improvement, is consistent with the specific plait
far the area,
This section shall apply to land projects for which terata-
five ��naps were approved on or after November 10,; 0969•
(Added by 5fiats. 11574$ "Ch. 1536,)
tsirs and Professions Cotte
Excerpts from theBses
11 1000,4,i A "land project'! is a subdivision or subdivided lands'within
this state which satisfies all of',th� folCowng conditions:
(a) 'The' subdivision or subdivided lands contain 50 or mare
parcels of whi h any 50 are both
47,
NEW
0 Not improved with residential, industrial, cora--
mercial, or institutional buildings and
�
(2) Offered for sale, lease, or financing for pur'�
poses other than industrial', commercial, instl=
tutional, or commercial agricultural uses.-
Lan project
(b) The subdivision or subdivided lands are located in an area
in which reside less than 1,500 registered voters within the subdivision
or within twomiles of the boundaries of the, property described in
the final pubi'ic report.
(c) Not constituting r;, 4i�rnmuntty apartment project as de-
foned in. Section 110040 a project consisting of condominiums as'
defined in Section 783 of the Civil Cade, or a stock cooperative as
defined in Section; 11003.2.
For purposes of subdivision (a), lan& owned or beneficially
controlled by substantially the same entities or interests shall be
deemed to be part of the same subdivide -d lands or subdivision.
(Added by Stats. 1969, c. 763, p. 1526, Section 2, operative
January 2, 1970.)
Exemptions From Land
11OW.6. A subdivision which would`otherwiso be treated as a Iand
Projects
project under Section 11000.5 shall not be so treated, if the subdivider
submits evidence satisfactory to the commissioner that any one of
the following conditions exists
(a) Al lots within the subdivision are to be offered for sale
only to 'bkiilders or developers.
(b) The lots are not to be offered by means of substantial
direct mail advertisiq, and overall soles promotion costs in connec-
tion with the sales thereof are nominal. For the purposes of., this
section,soles promotion casts shall be deemed nominal if they include
a conventional real estate brokerage commission which commission
shall not exceed similar commissions for similar services in non -land'
projects in the area where such services are rendered or a comparable
area as determined by the commissioner plus an allowance of not
more than 10 percent of the projected selling price of all of the
lots for overhead and advertising..
(c) Other characteristic's of the subdivison render, such freat-
ment unnecessaey in order to provide protection to the public, as
determined in accordance with reasonab le _regulations adopted by the
commissioner to carry out the provisions of this chapter.
(Added by: Stats." 1969, c. 7639 p. 1526, Section 31 operative
January 2) 1970.)
48,
Fast Avenue, File
84-70, Rezone notion
A. Find that the
Planning Commission considered a variety at 're.zone
proposals on,
the subject properties, held '�,��ngs att,(j ticGeptcd
public input
and determined that ttie recomRended zoly"Llip Etre
su ita`Iale+ for
these propert .es given the high traffic vt.):Lutttes and pronxi .1-
ty to Highway
99 and the Mall.
B. Find that the
requirements of CEQA Dave been completed rtttil considered and
recommend the.
Board of Supervis rs adopt a Nt egative Deo;I,t7raG ma; and
C. Find that the
proposed project toeets 'the requirements ot thO Butte 'COutlty
Code Sections
24--33, 24-28, and the Butte County Cenerti;l. i?last pages 50, 511
`
and 53; and
1). )? ecommend that
the Board of Supr?rvisors adopt an ordiixtttioe rezoning as
proposed the
properties designated on the; attacked map f'eom A-2 and }i-1
to N -C; A-12 to R-1; and C --C to R.-2) G,ntA
a
a
k
l'
I
7rh day of February, 1985 by
the following vote:
i� :iYLS: Commissioners Lynch,
Ve27cruse, Lambert, Walter, and Cha'?,rnan Avis
.r
•,5
fl
NOES • No One
h
ABSENT: No One
5
ABSTAINED: No One
7
ALAI AVIS, CHAIRMAN
- T
Butte .County PlannIng_Commission
8
ATTEST'. B. A. ' KIROHER
Director of Planning
1Q'
By
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