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HomeMy WebLinkAboutSPA 06-01_PLANNING y SEPARATOR SHEET APN � pJON (� PROJECT NUMBER SPq Glo - O� :tkS'q � � •� � r Resolution No. 07-059 soon A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS MAKING FINDINGS IN SUPPORT OF APPROVAL OF SPECIFIC PLAN AMENDMENT 06-01 WHEREAS, the Board of Supervisors directed the Department of Development Services on.January 9, 2007, by resolution to process a Specific Plan Amendment to the M-1 zone of the North Chico Specific Plan (NCSP); and WHEREAS, the Butte County Planning Commission has considered, Specific Plan Amendment 06-01 for the Department of Development Services in accordance with Chapter 7, Pages 7-19 and 7-20, of the North Chico Specific Plan, to allow as conditionally permitted uses, substantially similar uses in the M-1 zone and has adopted Resolution No. 07-09 recommending that the Board of Supervisors find the project exempt from the California Environmental Quality Act under the General Rule Exemption Section.1 5061(b)(3)and approve SPA 06-01;and WHEREAS, on February 21, 2007, the Butte County Airport Land Use Commission determined that the Specific Plan Amendment to the M-1 zone was consistent with the Butte County Airport Land Use Compatibility Plan; and WHEREAS, a duly notified public hearing was held on March 27, 2007; and WHEREAS, the Board of Supervisors has considered the recommendation of the Planning Commission, a report from the Planning Division, and public comments.. NOW THEREFORE, BE IT RESOLVED,that the Board of Supervisors: I. Finds the project to be exempt from the California Environmental Quality Act under the General Rule Exemption Section 15061(b)(3)based-on the following findings: A. The Specific Plan Amendment does not have the potential for causing significant effect on the environment. No construction is being permitted by proposed Specific Plan Amendment SPA 06-01. Future substantially similar uses will require a conditional use permit and associated environmental review.. B. The Specific Plan Amendment will not allow a new type of land use or an intensification of land use; it will allow only uses which are substantially similar to uses already permitted in the zone. C. It can be seen with certainty, due the limited scope of the Specific Plan Amendment and the future need for a use permit and related environmental review,that there is no possibility that proposed Specific Plan Amendment SPA 06-01 may have a significant effect on the environment and is considered exempt from environmental review under the General Rule exemption Section 15061(b)(3). This section states that C)rQA applies only to projects which have the potential for causing a significant effect on the environment.. I1. Approves Specific Plan Amendment SPA 06-01 to allow substantially similar uses as conditionally permitted uses in the M-I NCSP (Light Industrial) zone based on the following findings: A. The proposed specific plan amendment is consistent with the Butte County General Plan Goals and Policies, Land Use Element Policy 4.3 because substantially similar uses will provide additional opportunity for other industrial and commercial uses in the M-1 zone of the NCSP. B. The requirement to obtain a use permit to establish will ensure "sufficient limitations and conditions are placed on the substantial conformance use" so that they are compatible with surrounding residential and commercial uses. PASSED AND'ADOPTED by the Board of Supervisors, of the County of Butte, State of California, at regular meeting of said Board, held on the 271h day of March, 2007, by the following vote: YES: Supervisors Connelly, Kirk, Josiassen, Yamaguchi and Chair Dolan NOES: None ABSENT: None NOT VOTING: None A E DO , Chair Butt County Board of Supervisors ATTEST: PAUL MCINTOS Chi Ad inistrative Offi r and Clerk of�th�Bo , By: Dep y 1 2 Ordinance No. 3961 3 SPECIFIC PLAN AMENDMENT 06-01: ORDINANCE AMENDING THE 4 M-1 ZONE OF THE NORTH CHICO SPECIFIC PLAN TO ALLOW AS 5 CONDITIONAL USES, SUBSTANTIALLY SIMILAR USES TO THOSE 6 SPECIFIED IN CHAPTER 7, PAGES 7-19 AND 7-20 OF THE NORTH 7 CHICO SPECIFIC PLAN. 8 9 The Board of Supervisors of the County of Butte ordains as follows: 10 11 Section 1. pages 7-19 and 7-20 of Chapter 7 of the North Chico Specific Plan are amended to read as follows: 12 13 1. Site Requirements - Lot Area Required: None 14 - Lot Width Required: None 15 - Front Yard Required: 10 feet minimum, 20 feet average. 16 -Rear Yard Required: None, except where the rear yard 17 abuts an R district, in which case the rear yard shall be not less than five (5) feet. 18 -Side Yard Required: None, except when the side of a 19 lot abuts upon the side of a lot in an R district, in which case the abutting side yard shall not be 20 less than five (5) feet; and except where the side yard on the street side of a corner lot abuts on an 21 R district, in which- case the side yard on the 22 street side shall be one-half the front yard required in such-R districts. 23 -Maximum Building Coverage: 6001 24 -Minimum Landscaped Open Space: 50 of lot area, including parking lot interior and perimeter 25 landscaping. 26 -Maximum Building Height: 50 feet 27 i 1 - Parking Requirements: Off-street parking shall be provided at the rate as required by Butte County 2 Code section 24-240. 3 2. Uses Permitted (1) Wholesale and storage warehouses; 4 (2) The assembly and storage of goods, materials, 5 liquids and equipment (except the storage of inflammable matter or explosives or materials which 6 create dust, odors or fumes) ; (3) The manufacturing, processing, fabricating, 7 assembling, refining, repairing, packaging, and treatment of goods, materials and products by power 8 (oil, gas or electric) , including, by way of example 9 and illustration, but not limited to, the manufacturing, fabrication and assembling of 10 bathroom shower and patio partitions, enclosures and doors, windows and store fronts of aluminum, plastic 11 and fiberglass, or other suitable material, and the processing, finishing, polishing and anodizing of 12 aluminum extrusions and castings, assaying, broom 13 and brush manufacturing, die casting, draying, freighting or trucking yards or terminals, heavy 14 equipment rental or sale, heating and ventilating service shops, jewelry manufacturing, lumberyards, 15 packaging plants, public utility service yards, 16 truck repairing and overhauling and welding shops; (4) Dyeing and rug cleaning plants, veterinary hospitals 17 and animal shelters and boarding kennels, cabinet and wordworking shops, construction and material 18 yards; 19 3 . Uses Requiring Use Permits . 20 The following uses are permitted subject to securing a 21 use permit in each case: 22 (a) Storage of Inflammables; 23 (b) Manufacturing of acids, explosives, fertilizer, glue, gypsum, lime, plaster of paris, pulp and 24 paper, beet sugar, crushed rock, sand and gravel, cement, concrete and/or asphalt batching plants, 25 concrete and clay products; (c) Industrial uses which might be objectionable by 26 reason of emission of noise, offensive odor, smoke, dust, bright light, vibration or involving the 27 handling of explosives or dangerous materials; 2 I (d) Recycling facilities as per section 24-275; (e) Uses substantially similar to other uses listed in 2 this zone. 3 Section 2. Severability. If any provision of this 4 Ordinance or- the application thereof to any person or 5 circumstances is for any reason held to be invalid by a 6 court of competent jurisdiction, such provision shall be 7 deemed severable, and the invalidity thereof shall not 8 affect the remaining provisions or other applications of the 9 10 Ordinance which can be given effect without the invalid 11 Provision or application thereof. 12 Section 3 . Effective Date and Publication. This 13 Ordinance shall take effect thirty (3 0) days after the date 14 of its passage. The Clerk of the Board of Supervisors is 15 authorized and directed to publish this ordinance before 16 the expiration of fifteen (15) days after its passage. This 17 " Ordinance shall be published once, with the names of the 18 19 members of the Board of Supervisors voting for and against 20 it, in the Chico Enterprise Record, a newspaper of general 21 circulation published in the County of Butte, State of 22 California. 23 PASSED AND ADOPTED by the Board of Supervisors of the County 24 of Butte, State of California, on the 27th day of 25 March , 2007, by the .following vote: 26 27 3 I YES: Supervisors Connelly, Kirk, Josiassen, Yamaguchi and Chair Dolan 2 NOES: None 3 ABSENT: None 4 NOT VOTING: None 5 6 Ja e D 14, Chair 7 But e County Board of Supervisors 8 ATTEST: 9 PAUL MCIVn ief Administ ive 10 Officer f the Boaz 11 By /l�/f 12 / 13 j 14 15 16 17 18 19 20 21 22 23 24 25 26 27 4 (0'01 BUTTE COUNTY PLANNING COMMISSION MINUTES February 8,2007 I. PLEDGE OF ALLEGIANCE II. PRESENT: Comm issionersNelson,Marin,Wilson,Leland,and Chair Lambert ABSENT: None ALSO PRESENT: County Counsel Roger Wilson,Deputy County Counsel Development Services Pete Calarco,Assistant Director Dan Breedon,Principal Planner,Advance Planning Stacey Joliffe, Principal Planner, Current Planning Mark Michelena, Senior Planner Carl Durling, Associate Planner Chris Thomas,Associate Planner Tina Bonham, Commission Clerk Environmental Health Doug Fogel Public Health Eric Schroth Agricultural Commission Richard Price III. ACCEPTANCE OF AGENDA-Commission members and staff may request additions,deletions,or changes in the Agenda order. It was moved by Commissioner Nelson,seconded by Commissioner Leland,and unanimously carried to accept the agenda as presented. IV. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA(Presentations will be limitedto five minutes.The Planning Commission is prohibitedby State Law from taking action on any item presented if it is not listed on the Agenda) None V. CONSENT AGENDA Consentitems are set for approvalin one motion.These items are considerednon-controversial.No presentationswill be made unlessthe item is pulled from the Consent Agenda for discussion.Any person may pull an item from the consent agenda. The Chair will ask if any Commissioner or member of the public wishes to pull a consent item for discussion. None VI. ACTION ITEMS(NOT A PUBLIC HEARING} MEXT06-0002(Salerno)- Staff recommends approval Name: Margaret Salerno Project: Extension of Time Planner: Chris ThomasAPN: 072-210-025 �BU PLANNING COMMISSION■APPROVED MINUTES■FEBRUARY 8,-2007;s--PAGE,l ■ Location: on the east side of John Mardon Lane, approximately 1,000 feet south of Old Olive Highway. Proposal: Tentative Parcel Map to divide a 10.48-acre parcel into two(2) parcels(one at 5.48 acres with a house and garage, and one at 5.00 acres which is undeveloped) Map extension requested because road conditions of approval with TPM 04-22 are taking longer than expected to comply with. Mr. Chris Thomas gave a brief summary of project. There are two requests. First, is a request for time extension with an expiration date of 12/9/2011. Staff recommends approval. Second, is a request for an exception to sewage design. Staff requests a continuance on this item. Commissioner Nelson asked if staff wanted the Commission to take action on this item today. Ms. Stacey Jolliffe said they would like the Commission to take action on the time extension. Chair Lambert asked about the new condition from Public Works. Ms. Jolliffe said the new condition would be part of the continuance request. Chair Lambert opened the public hearing. Mr. Eric Schroth said they added a condition on the reconfigured map to have the road paved. Chair Lambert closed the public hearing regardingthe time extension and confined comments among staff and Commission. It was moved by Comm issionerLeland,seconded by Comm issionerMarin and unanimously carried to adopt Resolution PC 07-04 approving the Extension of Time for Margaret Salerno subject to the findings and conditions. It was moved by Commissioner Leland, seconded by Commissioner Marin and unanimously carried to continue open, until March 8, 2007,the Request for Exception for Margaret Salerno. VII. PUBLIC HEARINGS The Chair will call for staff corments. The hearing will be opened to the public for proponents, opponents,comments,and rebuttals. The hearing will be closed to the public and discussion confined to the Commission. The Commission will then make a motion and vote on the item. It is requested that public initiated presentationsbe limited to a maximum of 5 minutes so that all interested parties will have an opportunityto address the Commission.Fol lowingyourpresentation,please print your name and address on the speakers sheet so that the record will be accurate. The recommendationof County staff is indicated below.It is only recommendationand has not yet been considered by the Planning Commission. Copies of the Staff Report are available at the Planning Division Office TPM 05-22—Continued from 12/14/06 Planning Commission meeting. Staff recommends continuance off-calendar. Name: Terry and Ruth Smith Project: Tentative Parcel Map TPM 05-22 Planner: Mark Michelena APN: 041-260-059 Zoning: U Location: On the north and south sides of Oregon City Trail,approximately 1600 feet east of Oregon Gulch Road, at 142 Oregon City Trail, Oroville. Proposal: Application to divide a 74 acre parcel into 3 parcels(21.46 acres,20.06 acres and 32.73 acres) ■BUTTE COUNTY PLANNING COMMISSION APPROVED MINUTES■FEBRUARY 8,2007,■ PAGE 2■ Mr. Mark Michelena said that the applicant is close to getting the easement they need, but would like the project to be continued off calendar until they have the easement. Chair Lambert opened the public hearing. Applicant not present. No one present to speak. Chair Lambert closed the public hearing and confined comments to staff and Commission. It was moved by Commissioner Nelson, seconded by Commissioner Marin and unanimously carried to continue, off calendar,the Tentative ParcelMap for Terry and Ruth Smith. There is a 10-day appeal period on decisions with the Clerk of the Board. B. UP 06-03—Mt. Joy Bible Fellowship. Staff recommends approval Name: Evergreen Development Project: Use Permit UP06-03 Planner: Carl Durling APN: 063-150-022 Location: 15522 Nopel Avenue,Forest Ranch, CA 95942 Proposal: Change of use from lawyer and dentist office to church building. Mr. Carl Durling gave a brief summary of the project. He made corrections on page 2 of Agenda Report the fourth bullet should say 24-16OF instead of 24-150E,on page 6 of the Initial Study the last sentence should read as"The area is designated"Development Permitted",and on page 7 the first paragraph should read as "The collection of fees pursuant to Fish and Game Code Section 711.4 is required,prior to filing a Notice of Determination for the project,unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project,the project will not be operative,vested or final and any local permits issued for the project will be invalid(Section 711.4(c)(3))". He spoke of the new rules and increased fees for Fish and Game and that he is notifying the applicant on how the new rules and fees apply to them. Ms. Jolliffe said they are adding a new Condition 6 that states the church shall maintain trash facilities consistent with section 24-16OF of the Butte County Codeand re-numbering the subsequent Conditions. Chair Lambert asked what the normal setbacks are. Mr. Durling said 10 feet and applicant is at 18 feet. Chair Lambert asked if a new condition had to be added regarding the Fish and Game fees. Ms. Jolliffe said the change in the language of the Initial Study is adequate and the Resolution is correct. Chair Lambert opened the public hearing. Applicant not present. No one present to speak. Chair Lambert closed the public hearing and confined comments to staf and Commission. It was moved by Commissioner Wilson,seconded by Comm issionerMarin and unanimously carried to adopt Resolution PC 07-05 approving the Use Permit for Evergreen Development(Mt.Joy Bible Fellowship subject to the findings and conditions and changes to page 2 of Agenda Report the fourth bullet should say 24-16OF instead of 24-150E, on page 6 of the Initial Study the last sentence should read as"The area is designated "Development Permitted",and on page 7 the first paragraph should read as"The collection of fees pursuant to Fish and Game Code Section 711.4 is required,prior to filing a Notice of Determination for the project, ■BUTTE COUNTY PLANNING COMMISSION APPROVED MINUTES■FEBRUARY 8,2007,■ PAGE 3■ unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project,the project will not be operative,vested or final and any local permits issued for the project will be invalid(Section 711.4 (c)(3))"., and adding anew Condition 6 that states the church shall maintain trashfacilities consistent with section 24-16OF of the Butte County Code and renumbering the subsequent Conditions. There is a 10-day appeal period on decisions with the Clerk of the Board. C. SPA 06-01 - Butte County. Staff recommends that the Planning Commission adopts a resolution recommending SPA 0601 to the Board of Supervisors Name: County of ButteProject: Specific Plan Amendment, SPA 06.01 Planner: Stacey Jolliffe Location: North Chico Specific Plan Area Proposal: A Specific Plan Amendment to the M-1 zone of the North Chico Specific Plan to allow as conditional uses,substantially similar uses to those specified in Chapter 7,Pages 7- 19 and 7-20 of the North Chico Specific Plan. Mr. Mark Michelena gave a brief summary of the project. Chair Lambert asked if the project isallowing acommercial use inthe M zone. Ms. Jolliffe went over different scenarios of how the Amendment would allow the Commission to find a compatible use but would not q)en up the M zone completely. Commissioner Leland asked what the finding is that the Planning Commission is supposed to make. Ms.Jolliffe said it is in the Resolution on page 5 of the Agenda Report and went over what the Commission needs to do. Chair Lambert asked if they are doing this for a specific project. Ms.Jolliffe said there is a project in house that led them to look at this Ordinance, but it has not come before the Commission This Amendment would not automatically mean the project wouldbe approved. Mr. Michelena said that all items have to go to ALUC. Chair Lambert opened the public hearing. No one present to speak. Chair Lambert closed the public hearing and confined comments to staff and Commission. It was moved by Comm issionerMarin,seconded by Comm issionerWilson and unanimously carried to adopt Resolution PC 07-09 approving the Specific Plan Amendment for Butte County subject to the findings and conditions. There is a 10-day appeal period on decisions with the Clerk of the Bbard. VIII. GENERAL BUSINESS-This section of the agenda is to be utilized by the Planning Commission and Director of Development Services on items of interest,general discussion, or items for which staff has been directed to do research and bring back to the Commission. Items A, B, &C may not always be addressed at every hearing, but will always be listed as part of the agenda. ■BUTTE COUNTY PLANNING COMMISSION■APPROVED MINUTES■FEBRUARY 8,2007,■ PAGE 4■ • A. Directors' Report Mr. Calarco said that both Tim Snellings and Charles Thistlethwaite are attending the Planning Directors conference in Sacramento and they will report on what they learned at the next meeting. B. General Plan/Zoning Ordinance Update Mr.Dan Breedon gave a summary of the Summit Meeting. He went over graphs created from the meeting. He said that transportation was first among concerns. He said the Guiding Principles were going before the Board of Supervisors on Tuesday February 13, 2007. C., Update of Board of Supervisors Actions None D. Legislative Case Law update None E. Planning Commission Concerns Chair Lambert asked what scenario would allow the Commission to have a closed session. i Mr. Roger Wilson said he would find out. IX. MINUTES—. None X. COMMUNICATIONS-Communications received and referred. (Copies ofall communications are available in the Planning Division Office) XI. ADJOURNMENT The meeting was adjourned was9:45 am. Chairman Lambert ■BUTTE COUNTY PLANNING COMMISSION■APPROVED MINUTES■FEBRUARY 8,2007,■ PAGE 5■ BUTTE COUNTY CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: Specific Plan Amendment(SPA 06-01) to the M-1 zone of the North Chico AGENDA TITLE: Specific Plan to allow as conditional uses, substantially similar uses to those specified in apter 7, Pages 7-19 and 7-20 of the North Chico Specific Plan. DDS, MEETING DATE 3/27/07 DEPARTMENT: Planning DATE: 3/6/07 REQUESTED: MarkREGULAR X CONSENT CONTACT: Michel n PHONE: 538-7376 DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: A Specific Plan Amendment to the M-1 zone of the North Chico Specific Plan to allow as conditional uses, substantially similar uses to those specified in Chapter 7, Pages 7-19 and 7-20 of the North Chico Specific Plan. The Planning Commission held a public hearing on February 8, 2007 to consider the proposed specific plan amendment and recommends approval to the Board of Supervisors. ACTION REQUESTED: The Board of Supervisors: 1. Adopt a resolution making findings in support and finding the project exempt from the California Environmental Quality Act under the General Rule exemption Section 15061(b)(3); and 2. Adopt ordinance amending the North Chico Specific Plan to allow substantially similar uses as conditionally permitted uses in the M-1/NCSP (Light Industrial) zone. AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) IN A FORMAT THAT CAN BE REPRODUCED BY STANDARD OFFICE EQUIPMENT ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No X CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No x Administrative Office Review If yes,complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline.) 4/5/s Vote Required: Yes: _ No: Will Proposal Require an Agreement: Yes No x Auditor-Controller's Number(if Date Received by Clerk of the Board: required): County Counsel's Approval: Yes No x Will Proposal Require Additional Personnel: Yes _ No x Number of Permanent: Temp Extra Help Previous Board Action Date: Additional Information Attached: Yes x No Describe: memo Rev. 06/02 SPEAL INSTRUCTIONS TO CLERK Number of originals required to be returned to Department: 1 "Please Note" Department is responsible for returning contract to contractor. Clerk of the Board returns completed Auditor's copy ONLY. Requested Board Action: Ordinance Required X Resolution Required _ Minute Order Required For Information Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Funding Source Source of Additional Funds Requested Estimated Cost $ Contingencies $ (Fund Name: ) (Fund Number: ) Amount Budgeted $ Unanticipated Revenue $ (Budget Unit Number: ) (Source: ) (Fund Name: ) (Rev. Code: ) (Fund Number: ) Other Transfer(s) 1. Complete worksheet below 2. Deadline is one business day prior To normal agenda deadline Additional Requested $ Total Source of Funds $ Annualized cost $ if also planned for next year. Budget Transfer Authorized By Administrative Office Board Action Required for B-Transfer? Yes No Authorized Signature Date BUDGET TRANSFER REQUEST WORKSHEET Transfer Request: AMOUNT LINE ITEM LINE ITEM Transfer $ (No Cents) From To Transfer $ (No Cents) From To Transfer $ (No Cents) From To Transfer $ (No Cents) From To Butte County Department of Development Services 0OT �0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 0 0 0 0 7 County Center Drive c ' "o Oroville, CA 95965 cOUN'�y (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buftecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING* PLANNING March 6, 2007 Butte County. Board of Supervisors 25 County Center Drive Oroville, CA 95965 Subject: SPA 06-01 (Butte County Department of Development Services) The Department of Development Services was directed, on January 9, 2007, by resolution of the Board of Supervisors to-process a Specific Plan Amendment to the M-1 zone of the North Chico Specific Plan (NCSP). The Specific Plan Amendment would allow as conditional uses, uses which 'are substantially similar to other uses permitted or conditionally-permitted in the M-1/NCSP zone, as listed in Chapter 7, Pages 7-19 and 7-20 of the NCSP. Recommendation The Planning Commission recommends that the Board 1. Adopt a resolution making findings in support and finding the project exempt from the California Environmental Quality Act under the General Rule exemption Section 15061(b)(3); and 2. Adopt ordinance amending the North Chico Specific Plan to allow substantially similar uses as conditionally permitted uses in the M-1/NCSP (Light Industrial) zone. Planning Commission Decision The Specific Plan Amendment was presented to the Planning Commission on February 8, 2007. The Planning Commission adopted a resolution, attached, recommending that the Board find the project exempt from the California Environmental Quality Act and approve the Specific Plan Amendment. Analysis No construction is being proposed by proposed Specific Plan Amendment SPA 06-01. The Specific Plan Amendment will allow substantially similar uses to those currently listed Page 1 of 2 in the M-1 zone of the NCSP to be considered, with the issuance of conditional use permit and approval of associated environmental review by the Planning Commission. Specifically, with the proposed Specific Plan Amendment, Chapter 7 of the NCS, Pages 7- 19 and 7-20 would be amended to add section e) "Uses substantially similar to other uses listed in this zone." The Specific Plan Amendment would enable the Planning Commission to consider a manufactured home sales use permit application that is pending in the M-1 zone of the NCSP at a future date, but which is not a part of SPA06-01. SPA06-01 is consistent with the Butte County General Plan Goals and Policies, Land Use Element Policy 4.3 because substantially similar uses will provide additional opportunity for other industrial and commercial uses in the M-1 zone of the NCSP. The requirement to obtain a use permit to establish will ensure sufficient limitations and conditions are placed on the substantial conformance use so that they are compatible with surrounding residential and commercial uses. The Planning Commission found the project to be exempt from the California Environmental Quality Act under the General Rule Exemption Section 15061(b)(3) because, the Specific Plan Amendment does not have the potential for causing significant effect on the environment. No construction is being permitted by proposed Specific Plan Amendment SPA 06- 01. Future substantially similar uses will require a conditional use permit and associated environmental review. By definition of the Specific Plan Amendment, SPA 06-01 does not allow a new type of land use or an intensification of land use; it will allow only uses which are substantially similar to uses already permitted in the zone. If you have any questions, please contact Principal Planner Stacey Jolliffe at 530-538- 6573. Sincerely, Tim Snellings Director Attachments: A: Proposed Resolution making findings B: Proposed Ordinance Amending the NCSP C: Planning Commission Agenda Report dated February 8, 2007, including Resolution D: Minutes from the February 8, 2007 Planning Commission meeting Page 2 of 2 i RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS MAKING FINDINGS IN SUPPORT OF APPROVAL OF SPECIFIC PLAN AMENDMENT 06-01 WHEREAS, the Board of Supervisors directed the Department of Development Services on January 9, 2007, by resolution to process a Specific Plan Amendment to the M-1 zone of the North Chico Specific Plan(NCSP); and WHEREAS, the Butte County Planning Commission has considered Specific Plan Amendment 06-01 for the Department of Development Services in accordance with Chapter 7, Pages 7-19 and 7-20, of the North Chico Specific Plan, to allow as conditionally permitted uses, substantially similar uses in the M-1 zone and has adopted Resolution No. 07-09 recommending that the Board of Supervisors find the project exempt from the California Environmental Quality Act under the General Rule Exemption Section 15061(b)(3) and approve SPA 06-01; and WHEREAS, on February 21, 2007, the Butte County Airport Land Use Commission determined that the Specific Plan Amendment to the M-1 zone was consistent with the Butte County Airport Land Use Compatibility Plan; and WHEREAS, a duly notified public hearing was held on March 27, 2007; and WHEREAS, the Board of Supervisors has considered the recommendation of the Planning Commission, a report from the Planning Division, and public comments. NOW THEREFORE,BE IT RESOLVED,that the Board of Supervisors: I. Finds the project to be exempt from the California Environmental Quality Act under the General Rule Exemption Section 15061(b)(3) based on the following findings: A. The Specific Plan Amendment does not have the potential for causing significant effect on the environment. No construction is being permitted by proposed Specific Plan Amendment SPA 06-01. Future substantially similar uses will require a conditional use permit and associated environmental review. B. The Specific Plan Amendment will not allow a new type of land use or an intensification of land use; it will allow only uses which are substantially similar to uses already permitted in the zone. C. It can be seen with certainty, due the limited scope of the Specific Plan Amendment and the future need for a use permit and related environmental review, that there is no possibility that proposed Specific Plan Amendment SPA 06-01 may have a significant effect on the environment and is considered exempt from environmental Page 1 of 2. review under the General Rule exemption Section 15061(b)(3). This section states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Il. Approves Specific Plan Amendment SPA 06-01 to allow substantially similar uses as conditionally permitted uses in the M-1/NCSP (Light Industrial) zone based on the following findings: A. The proposed specific plan amendment is consistent with the Butte County General Plan Goals and Policies, Land Use Element Policy 4.3 because substantially similar uses will provide additional opportunity for other industrial and commercial uses in the M-1 zone of the NCSP. B. The requirement to obtain a use permit to establish will ensure "sufficient limitations and conditions are placed on the substantial conformance use" so that they are compatible with surrounding residential and commercial uses. PASSED AND ADOPTED by the Board of Supervisors, of the County of Butte, State of California, at regular meeting of said Board, held on the 271h day of March, 2007, by the following vote: YES: NOES: ABSENT: NOT VOTING: JANE DOLAN, Chair Butte County Board of Supervisors ATTEST: PAUL MCINTOSH, Chief Administrative Officer and Clerk of the Board By: Deputy Page 2 of 2 ■ s • 1 2 Ordinance No. 3 SPECIFIC PLAN AMENDMENT 06-01: ORDINANCE AMENDING THE 4 M-1 ZONE OF THE NORTH CHICO SPECIFIC PLAN TO ALLOW AS 5 CONDITIONAL USES, SUBSTANTIALLY SIMILAR USES TO THOSE 6 SPECIFIED IN CHAPTER 7, PAGES .7-19 AND 7-20 OF THE NORTH 7 CHICO SPECIFIC PLAN. 8 9 The Board of Supervisors of the County of Butte ordains as follows : 10 11 Section 1 . pages 7-19 and 7-20 of Chapter 7 of the North Chico Specific Plan are amended to read as follows : 12 1 . Site Requirements 13 - Lot Area Required: None 14 - Lot Width Required: None 15 - Front Yard 'Required: 10 feet minimum, 20 feet average. 16 -Rear Yard Required: None, except where the rear yard 17 abuts an R district, in which case the rear yard shall be not less than five (5) feet . 18 - Side Yard Required: None, except when the side of a 19 lot abuts upon the side of a lot in an R district, in which case the abutting side yard shall not be 20 less than five (5) feet; and except where the side yard on the street side of a corner lot abuts on an 21 R district, in which case the , side yard on the 22 street side shall be one-half the front yard required in such R districts . 23 -Maximum Building Coverage: 600 24 -Minimum Landscaped Open Space: 50 of lot area, including parking lot interior and perimeter 25 landscaping. 26 - Maximum Building Height: 50 feet 27 - Parking Requirements : Off-street parking shall be 1 provided at the rate as required by Butte County 2 Code section 24-35 24-240 . 3 2 . Uses Permitted (1) Wholesale and storage warehouses; 4 (2) The assembly and storage of goods, materials, 5 liquids and equipment (except the storage of inflammable matter or explosives or materials which 6 create dust, odors or fumes) ; (3) The manufacturing, processing, fabricating, 7 assembling, refining, repairing, packaging, and treatment of goods, materials and products by power 8 (oil, gas or electric) , including, by way of example 9 and illustration, but not limited to, the manufacturing, fabrication and assembling of 10 bathroom shower and patio partitions, enclosures and doors, windows and store fronts of aluminum, plastic 11 and fiberglass, or other suitable material, and the processing, finishing, polishing and anodizing of 12 aluminum extrusions and castings, assaying, broom 13 and brush manufacturing, die casting, draying, freighting or trucking yards or terminals, heavy 14 equipment rental or sale, heating and ventilating service shops, jewelry manufacturing, lumberyards, 15 packaging plants, public utility service yards, 16 truck repairing and overhauling and welding shops; (4) Dyeing and rug cleaning plants, veterinary hospitals 17 and animal shelters and boarding kennels, cabinet and wordworking shops, construction and material 18 yards; 19 3 . Uses Requiring Use Permits 20 The following uses are permitted subject to securing a 21 use permit in each case: 22 (a) Storage of Inflammables; (b) Manufacturing of acids, explosives, fertilizer, 23 glue, gypsum, lime, plaster of paris, pulp and 24 paper, beet sugar, crushed rock, sand and gravel, cement, concrete and/or asphalt batching plants, 25 concrete and clay products; (c) Industrial uses which might be objectionable by 26 reason of emission of noise, offensive odor, smoke, dust, bright light, vibration or involving the 27 handling of explosives or dangerous materials; 2 I (d) Recycling facilities as per section 2468 24-275 ; (e) Uses substantially similar to other uses listed in 2 this zone. 3 Section 2 . Severability. If any provision of this 4 Ordinance or the application, thereof to any person or 5 circumstances is for any reason held to be invalid by a 6 court of competent jurisdiction, such provision shall be 7 deemed severable, and the invalidity thereof shall not 8 affect the remaining provisions or other applications of the 9 10 Ordinance which can be given effect without the invalid 11 provision or application thereof . 12 Section 3 . Effective Date and Publication. This 13 Ordinance shall take effect thirty (30) days after the date 14 of its passage. The Clerk of the Board of Supervisors is 15 authorized and directed to publish this ordinance before 16 the expiration of fifteen (15) days after its passage . This 17 Ordinance shall be published once, with the names of the 18 19 members of the Board of Supervisors voting for and against 20 it, in the Chico Enterprise Record, a newspaper of general 21 circulation published in the County of Butte, State of 22 California. 23 PASSED AND ADOPTED by the Board of Supervisors of the County 24 of Butte, State of California, on the day of 25 2007, by the following vote : 26 27 3 I YES : 2 NOES : 3 ABSENT: 4 NOT VOTING: 5 6 Jane Dolan, Chair 7 Butte County Board of Supervisors 8 9 10 ATTEST: 11 PAUL McINTOSH, Chief Administrative Officer and Clerk of the Board 12 BY 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 4 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT—FEBRUARY 8, 2007 Applicant: County of Butte Location: North Chico Specific Plan File#: SPA 06-01 Parcel Size: N/A Request: A Specific Plan Amendment to Supervisor the M-1 zone of the North District: 3 Chico Specific Plan to allow as conditional uses, substantially similar uses to those specified in Chapter 7, Pages 7-19 and 7-20 of the North Chico Specific Plan. G.P.: Various Planner: Mark Michelena Zoning: M-1/North Chico Specific Plan Attachments: A: Resolution recommending approval Zone Date: March 28, 1995 B: Resolution from Board of Supervisors C: Draft Ordinance D: NCSP Area with identified M-1 zone EXECUTIVE SUMMARY: The Department of Development Services was directed, on January 9, 2007, by resolution of the Board of Supervisors to process a Specific Plan Amendment to the M-1 zone of the North Chico Specific Plan to allow as conditional uses, substantially similar uses to those specified in Chapter 7, Pages 7-19 and 7-20 of the North Chico Specific Plan. Staff recommends that the Planning Commission adopt the attached resolution recommending approval of Specific Plan Amendment 06-01 per the draft resolution(Attachment A). PROJECT DESCRIPTION: A Specific Plan Amendment to the M-1 zone of the North Chico Specific Plan to allow as conditional uses, substantially similar uses to those specified in Chapter 7, Pages 7-19 and 7-20 of the North Chico Specific Plan. e BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■February 8,2007 ■North Chico Specific Plan Amendment-SPA 06-01 ■Page 1 of 6■ BACKGROUND: The Department of Development Services (DDS) received an application for a proposed manufactured home sales business in the M-1 zone of the North Chico Specific Plan. The application was processed and staff review of the project began. A mitigated negative declaration was completed and circulated for public review. During the preparation of the draft agenda report, DDS noted that the proposed use was not specifically listed as a permitted or conditionally permitted use in the North Chico Specific Plan. DDS had intended to process the application for manufactured home sales as substantially similar to other uses permitted in the M-1 zone of the North Chico Specific Plan, namely `heavy equipment rental or sales.' Allowing uses within a zoning designation that are substantially similar to other uses already allowed in that zoning designation is a somewhat common planning practice. It is enabled, for instance by Butte County Code Section 24-65, Applicability of Zoning Regulations. The regulations set forth in this article shall govern land use within areas or districts so zoned. All uses of land within a zoned district not specifically authorized or permitted by the regulations are prohibited unless they have been found to be substantially similar to other permitted, conditional, or accessory uses by the director of development services or designee, the planning commission, or board of supervisors. Upon further review, and in discussion with other departments, it was discovered that the language of the North Chico Specific Plan allows only the uses specifically listed in the text. It does not allow a determination of substantially similar uses. The North Chico Specific Plan specifically addresses land uses allowed within specific zoning districts; it incorporates the Butte County Code only "(i)f specific development standards have not been established, or if an issue, condition, or situation arises or occurs that is not covered, provided for, or clearly understandable in the Specific Plan. (Chapter 7, Page 7-3). North Chico Specific Plan allows determinations of similar uses in the M-2 Heavy Industrial Zone (because it incorporates by reference the Butte County Code for this zone), and in the C-1 Light Commercial and C-2 General Commercial zones. In the C-1 and C-2 zones, Chapter 7, Pages 7-16, 7-17 and 7-18 allow "additional permitted and conditionally permitted uses that are similar in character." However, language allowing flexibility to permit or conditionally permit uses which are substantially similar to other uses allowed in the zone was not written into the M-1 zone. Therefore, staff is recommending additional language to this effect. A specific permitted use listed in the M-1 zone of the North Chico Specific Plan is a heavy equipment rental and sale yard. The Department of Development Services believes that use, being commercial, is a similar or like use to the applicants manufactured home sales and could be allowed through a use permit process. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ February 8,2007 ■North Chico Specific Plan Amendment-SPA 06-01 ■Page 2 of 6■ GENERAL PLAN ANALYSIS: The proposed amendment is consistent with the following Land Use Element programs and polices: 4.3 Commercial Services The purpose and function of commercial facilities relate directly,to the marked demand for such services. The public derives the most value for its investments when individuals are encouraged to enter the market place who are willing to compete in offering goods and services in relation to "supply and demand". 4.3.a. Encourage a full range of commercial services at the regional, community and neighborhood levels. 4.3.b. Coordinate future commercial facilities with existing and proposed transportation systems, utilities and other public facilities. 4.3.c Designate sufficient land for commercial facilities to fulfill the needs for services and employment. 4.3.d. Designate retail and service commercial areas in close proximity to residential development. Manufactured home sales provide necessary options in purchasing. Allowing them to locate in the M-1 zone of the North Chico Specific Plan, with the issuance of a use permit, provides an opportunity to designate additional land for necessary commercial services in or near the residential markets they serve. PROJECT ANALYSIS: • Commercial uses are allowed as conditionally consistent in the M-1 zone (Section 24-170) of the Butte County Code. • North Chico Specific Plan allows determinations of similar uses in the M-2 Heavy Industrial Zone (because it incorporates by reference the Butte County Code for this zone), and in the C-1 Light Commercial and C-2 General Commercial zones. In the C-1 and C-2 zones, Chapter 7, Pages 7-16, 7-17 and 7-18 allow"additional permitted and conditionally permitted uses that are similar in character." , • Language allowing flexibility to permit or conditionally permit uses which are substantially similar to other uses allowed in the zone was not written into the M-1 zone. • Commercial uses (C-1 and C-2 zone) are listed as conditional uses in the M-1 zone of the Butte County Zoning Code. • A specific permitted use listed in the M-1 zone of the North Chico Specific Plan is a heavy equipment rental and sale yard. The Department of Development Services believes that use, ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ February 8,2007 ■North Chico Specific Plan Amendment-SPA 06-01 ■ Page 3 of 6■ being commercial, is a similar or like use to the applicants manufactured home sales and could be allowed through a use permit process. • The ability to locate commercial uses near or adjacent to, residential areas will provide a necessary service to local residents. • If proposed Specific Plan Amendment SPA 06-01 is approved, the Planning Commission would be responsible for approving, conditionally approving, or denying future use permit applications for substantially similar uses in the M-1/NCSP zone pursuant to Chapter 24-45 of the Butte County Code. It would utilize section 24-45.10 specifically as the criteria for granting the future use.permits: The Planning Commission, on the basis of the evidence submitted at the hearing,may grant use permits required by the provisions of this chapter when it finds that the proposed uses of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, welfare, and safety of the county. ENVIRONMENTAL REVIEW: The proposed Specific Plan Amendment SPA 06-01 qualifies as exempt from the California Environmental Quality Act(CEQA). 1) No construction is being permitted by proposed the Specific Plan Amendment SPA 06-01. Future substantially similar uses will require a conditional use permit and associated environmental review. The requirement for manufactured home sales business to obtain a use permit prior to construction would ensure that proposed Specific Plan Amendment SPA 06-01 would not have the potential for causing a significant effect on the environment. Therefore, it can be seen with certainty, due the need for a use permit and related environmental review, that there is no possibility that proposed Specific Plan Amendment SPA 06-01 in question may have a significant effect on the environment and is considered exempt from environmental review under the General Rule exemption Section 15061(b)(3). This section states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. . BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ . February 8,2007 ■North Chico Specific Plan Amendment-SPA 06-01 .Page 4 of 6. Attachment A RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT 06-01 WHEREAS, the Planning Commission has considered Specific Plan Amendment 06-01 for the Department of Development Services in accordance with Chapter 7, Pages 7-19 and 7-20, of the North Chico Specific Plan, to allow as conditionally permit uses, substantially similar uses in the M-1 zone; and WHEREAS, the Planning Commission finds the project exempt from the California Environmental Quality Act under the General Rule exemption Section 15061(b)(3); and WHEREAS, a duly notified public hearing was held on February 8, 2007; and WHEREAS, the Planning Commission has considered direction from the Board of Supervisors,public comments and a report from the Planning Division: NOW THEREFORE, BE IT RESOLVED,that the Planning Commission: 1. Recommends that the Board of Supervisors find the project exempt from the California Environmental Quality Act under the General Rule Exemption Section 15061(b)(3) subject to the following findings: A. No construction is being permitted by proposed Specific Plan Amendment SPA 06- 01. Future substantially similar uses will require a conditional use permit and associated environmental review. B. The requirement for manufactured home sales to obtain a use permit prior to construction would ensure that proposed Specific Plan Amendment SPA 06-01 would not have the potential for causing a significant effect on the environment. C. Therefore, it can be seen with certainty, due the need for a use permit and related environmental review, that there is no possibility that proposed Specific Plan Amendment SPA 06-01 in question may have a significant effect on the environment and is considered exempt from environmental review under the General Rule exemption Section 15061(b)(3). This section states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. II. Recommends that the Board of Supervisors approve Specific Plan Amendment SPA 06- 01 to allow substantially similar uses as conditionally permitted uses in the M-1/NCSP (Light Industrial)zone subject to the following findings: ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ February 8,2007 ■North Chico Specific Plan Amendment-SPA 06-01 ■ Page 5 of 6■ A. The proposed specific plan amendment is consistent with the Butte County General Plan Goals and Policies, Land Use Element Policy 4.3 because substantially similar uses will provide additional opportunity for other industrial and commercial uses in the M-1 zone of the NCSP. The requirement to obtain a use permit to establish will ensure "sufficient limitations and conditions are placed on the substantial conformance use" so that they are compatible with surrounding residential and commercial uses. B. Uses that are similar in character are listed as a permitted use in the M-1 zone of the Butte County Code. C. The M-1 zone through a conditional use permit allows uses listed within the Light Commercial (C-1) and General Commercial (C-2) zones. DULY PASSED AND ADOPTED this 8t' day of February, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Nina Lambert- Chair Planning Commission County of Butte, State of California ATTEST: Tina Bonham, Secretary Planning Commission County of Butte, State of California . BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT. •February 8,2007■North Chico Specific Plan Amendment-SPA 06-01 . Page 6 of 6. Resolufion No. 07-011 i RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE INITIATING AN AMENDMENT TO THE M-1 ZONE OF THE NORTH CHICO SPECIFIC PLAN TO ALLOW AS CONDITIONAL USES,SUBSTANTIALLY SIMILAR USES TO THOSE SPECIFIED IN CHAPTER 7, PAGES 7-19 AND 7-20 OF THE NORTH CHICO SPECIFIC PLAN WHEREAS,.a private company, D.R. Technicians has made application for a use permit, through an appropriate application, to allow a manufacturing homes sales use in the M-1 zone of the North Chico Specific Plan on January 24, 2006- and WHEREAS, said use is not currently permitted within the zone of the North Chico Specific Plan; and WHEREAS, the M-1 zone currently allows wholesale and storage warehouses; ....the manufacturing, processing, fabricating, assembling, refining, repairing, packaging, and treatment of goods, materials and products by power (oil, gas or electric), including, but not limited to, the manufacturing, fabrication and assembling of bathroom shower and patio partitions, enclosures and doors, windows and store fronts of aluminum, plastic and fiberglass, or other suitable material, and the processing, finishing, polishing and anodizing of aluminum extrusions and castings, assaying, broom and brush manufacturing, die casting, draying, freighting or trucking yards or tenninals, heavy equipment rental or sale, heating and ventilating service shops, jewelry manufacturing, lumberyards, packaging plants, public utility service yards, truck repairing and overhauling and welding shops; and dyeing and rug cleaning plants, I of4 - veterinary hospitals and animal shelter and boarding kennels; cabinet and woodworking shops,construction and material yards as permitted uses; and WHEREAS, the M-1 zone currently allows as conditionally permitted uses the storage of inflammables; manufacturing of acids, explosives, fertilizer, glue, gypsum, lime, plaster of pans, pulp and paper, beet sugar, crushed rock, sand and gravel, cement, concrete and/or asphalt batching plants, concrete and clay products; industrial uses which might be objectionable by reason of emission of noise, offensive odor, smoke, dust, bright light, vibration or involving the handling of explosives or dangerous materials; and recycling facilities as per Section 24-275 of the Butte County Code; and WHEREAS, said manufacturing homes sales use is beneficial to the County in providing essential goods and services and substantially similar to other uses allowed in the zone; and WHEREAS, in the future, the County wishes to consider substantially similar uses to those currently allowed in M-1 zone of the North Chico Specific Plan; and WHEREAS, the North Chico Specific Plan incorporates by references certain sections of Butte County Code, including: Development standards include the County zoning ordinance requirements, as well as general development standards specific to the NCSP area (Chapter 2, Page 2-5); The zoning regulations are intended to be identical to the existing zones currently used in other areas of the County, except as amended by the NCSP (Chapter 7, Page 7-1); Any changes or amendments to the Butte County Zoning Ordinance will automatically change the requirements of those identified zones; Changes may include, but not limited to, a change in the title of the zone, a change in the development requirements, a change in the uses of the zone (Chapter 7, Page 7-1); It should be noted that other requirements of the Butte County Zoning Ordinance,beyond 2 oN the specific requirements of the individual zones, still apply (Chapter 7, Page 7-1); If' specific development standards have not been established, or if an issue, condition, or situation arises or occurs that is not covered, provided for, or clearly understandable in the Specific Plan, then those provisions provided for by the Butte County Zoning Ordinance that are the most applicable for the most similar issue, condition, or situation, as determined by the Development Services Director, or designee, shall apply(Chapter 7, Page 7-3); and WHEREAS, the C-1 (Light Commercial) and C-2 (General Commercial) zones in the North Chico Specific Plan allow additional permitted and conditionally permitted uses that are similar in character(Chapter 7,Pages 7-16, 7-17 and 7-18); and WHEREAS,the North Chico Specific Plan does not address development regulations and design guidelines for the M-2 (Heavy Industrial) zone, therefore, uses and development standards of Butte County Code Section 24-180 (M-2 Heavy Industrial) shall apply(Chapter 7, Page 7-1); and WHEREAS, the proposed addition of substantially similar uses to the M- I zone would be subject to the issuance of a use permit as established by Chapter 7, Pages 7-19 and 7-20, of the North Chico Specific Plan; and NOW, THEREFORE,BE IT RESOLVED by the Board of Supervisors to direct staff to initiate a Specific Plan Amendment to the North Chico Specific Plan to allow substantially similar uses in the M-1 zone of Section 7 of the Butte County Code with the North Chico Specific Plan 3 of 4 s PASSED AND ADOPTED by the Butte County Board of Supervisors on this 9th day of January, 2007,by the following vote: AYES: Supervisors Connelly, Kirk, Josiassen, Yamaguchi and Chair Dolan NOES: None ABSENT: None ABSTAIN: None JANE DOt.AN,CRFV B e ounty Board of Supervisors ATTEST: Pa M osh,Chief Administra 've O fic and Clerk of the Board By: 4 of'4 Attachment D North Chico Specific Plan Area with Identified M-1 zone North Chico Specific Plan Boundary M-1 M-1/OS M-1 1 2 3 BUTTE COUNTY PLANNING COMMISSION MINUTES 4 5 February 8,2007 6 7 I. PLEDGE OF ALLEGIANCE 8 9 II. PRESENT: Commissioners Nelson, Marin, Wilson, Leland, and 10 Chairman Lambert 11 12 ABSENT: None 13 14 ALSO PRESENT: 15 County Counsel Roger Wilson, Deputy County Counsel 16 Development Services Pete Calarco, Assistant Director 17 Dan Breedon, Principal Planner, Advance Planning 18 Stacey Joliffe, Principal Planner, Current Planning 19 Mark Michelena, Senior Planner 20 Carl Durling, Associate Planner 21 Chris Thomas, Associate Planner 22 Tina Bonham, Commission Clerk 23 Environmental Health Doug Fogel 24 Public Health Eric Schroth 25 Agricultural Commission Richard Price 26 27 III. ACCEPTANCE OF AGENDA - Commission members and staff may request additions, 28 deletions, or changes in the Agenda order. 29 30 It was moved by Commissioner Nelson,seconded by Commissioner Leland,and unanimously carried to accept 31 the agenda as presented. 32 33 34 IV. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA 35 (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on 36 any item presented if it is not listed on the Agenda) 37 38 None 39 40 V. CONSENT AGENDA Consent items are set for approval in one motion. These items are considered non- 41 controversial. No presentations will be made unless the item is pulled from the Consent Agenda for discussion. Any 42 person may pull an item from the consent agenda. 43 44 The Chair will ask if any Commissioner or member of the public wishes to pull a consent item for discussion. 45 46 None 47 48 VI. ACTION ITEMS (NOT A PUBLIC HEARING). 49 50 MEXT06-0002(Salerno)- Staff recommends approval 51 1 Name: Margaret Salerno Project: Extension of Time 2 Planner: Chris Thomas APN: 072-210-025 3 Location: on the east side of John Mardon Lane,approximately 1,000 feet south of Old 4 Olive Highway. 5 Proposal: Tentative Parcel Map to divide a 10.48-acre parcel into two(2)parcels(one at 6 5.48 acres with a house and garage, and one at 5.00 acres which is undeveloped) 7 8 Map extension requested because road conditions of approval with TPM 04-22 are taking 9 longer than expected to comply with. 10 11 12 Mr. Chris Thomas gave a brief summary of project. There are two requests. First, is a request for time 13 extension with an expiration date of 12/9/2011. Staff recommends approval. Second, is a request for an 14 exception to sewage design. Staff requests a continuance on this item. 15 16 Commissioner Nelson asked if staff wanted the Commission to take action on this item today. 17 18 Ms. Stacey Jolliffe said they would like the Commission to take action on the time extension. 19 20 Chairman Lambert asked about the new condition from Public Works. 21 22 Ms. Jolliffe said the new condition would be part of the continuance request. 23 24 Chairman Lambert opened the public hearing. 25 26 Mr.Eric Schroth said they added a condition on the reconfigured map to have the road paved. 27 28 Chairman Lambert closed the public hearing regarding the time extension and confined comments among 29 staff and Commission. 30 31 It was moved by Commissioner Leland, seconded by Commissioner Marin and unanimously carried to 32 adopt Resolution PC 07-04 approving the Extension of Time for Margaret Salerno subject to the findings 33 and conditions. 34 35 It was moved by Commissioner Leland, seconded by Commissioner Marin and unanimously carried to 36 continue open,until March 8, 2007, the Request for Exception for Margaret Salerno. 37 38 VII. PUBLIC HEARINGS The Chair will call for staff comments. The hearing will be opened to the public for 39 proponents,opponents,comments,and rebuttals. The hearing will be closed to the public and discussion confined to the 40 Commission. The Commission will then make a motion and vote on the item. 41 42 It is requested that public initiated presentations be limited to a maximum of 5 minutes so that all interested parties will 43 have an opportunity to address the Commission. Following your presentation,please print your name and address on the 44 speakers sheet so that the record will be accurate. 45 46 The recommendation of County staff is indicated below. It is only a recommendation and has not yet been considered by 47 the Planning Commission. Copies of the Staff Report are available at the Planning Division Office 48 49 TPM 05-22 — Continued from 12/14/06 Planning Commission meeting. Staff 50 recommends continuance off-calendar. 51 52 Name: Terry and Ruth Smith Project: Tentative Parcel Map TPM 05-22 53 Planner: Mark Michelena APN: 041-260-059 Zoning: U 1 Location: On the north and south sides of Oregon City Trail, approximately 1600 feet 2 east of Oregon Gulch Road, at 142 Oregon City Trail, Oroville. 3 Proposal: Application to divide a 74 acre parcel into 3 parcels(21.46 acres,20.06 acres 4 and 32.73 acres) 5 6 Mr.Mark Michelena said that the applicant is close to getting the easement they need,but would like the 7 project to be continued off calendar until they have the easement. 8 9 Chairman Lambert opened the public hearing. 10 11 Chairman Lambert closed the public hearing and confined comments to staff and Commission. 12 13 It was moved by Commissioner Nelson, seconded by Commissioner Marin and unanimously carried to 14 continue, off calendar, the Tentative Parcel Map for Terry and Ruth Smith. 15 16 There is a 10-day appeal period on decisions with the Clerk of the Board. 17 18 B. UP 06-03—Mt. Joy Bible Fellowship. Staff recommends approval 19 20 Name: Evergreen Development Project: Use Permit UP06-03 21 Planner: Carl Durling APN: 063-150-022 22 Location: 15522 Nopel Avenue, Forest Ranch, CA 95942 23 Proposal: Change of use from lawyer and dentist office to church building. 24 25 Mr.Carl Durling gave a brief summary of the project. He made corrections on page 2 of Agenda Report 26 the fourth bullet should say 24-160F instead of 24-150E, on page 6 of the Initial Study the last sentence 27 should read as "The area is designated"Development Permitted", and on page 7 the first paragraph 28 should read as "The collection of fees pursuant to Fish and Game Code Section 711.4 is required, 29 prior to filing a Notice of Determination for the project, unless the project proponent provides 30 verification from the California Department of Fish and Game that the project is exempt from the fee 31 requirement. If a required fee is not paid for a project, the project will not be operative, vested or . 32 final and any local permits issued for the project will be invalid(Section 711.4(c)(3))". He spoke of 33 the new rules and increased fees for Fish and Game and that he is notifying the applicant on how the new 34 rules and fees apply to them. 35 36 Ms. Jolliffe said they are adding a new Condition 6 that states the church shall maintain trash facilities 37 consistent with section 24-160F of the Butte County Code and re-numbering the subsequent Conditions. 38 39 Chairman Lambert asked what the normal setbacks are. 40 41 Mr. Durling said 10 feet and applicant is at 18 feet. 42 43 Chairman Lambert asked if a new condition had to be added regarding the Fish and Game fees. 44 45 Ms.Jolliffe said the change in the language of the Initial Study is adequate and the Resolution is correct. 46 47 Chairman Lambert opened the public hearing. 48 49 Chairman Lambert closed the public hearing and confined comments to staff and Commission. 50 1 It was moved by Commissioner Wilson, seconded by Commissioner Marin and unanimously carried to 2 adopt Resolution PC 07-05 approving the Use Permit for Evergreen Development (Mt. Joy Bible 3 Fellowship subject to the findings and conditions and changes to page 2 of Agenda Report the fourth 4 bullet should say 24-160F instead of 24-150E, on page 6 of the Initial Study the last sentence should read 5 as"The area is designated"Development Permitted",and on page 7 the first paragraph should read as 6 "The collection of fees pursuant to Fish and Game Code Section 711.4 is required,prior to filing a 7 Notice of Determination for the project,unless the project proponent provides verification from the 8 California Department of Fish and Game that the project is exempt from the fee requirement. If a 9 required fee is not paid for a project,the project will not be operative,vested or final and any local 10 permits issued for the project will be invalid(Section 711.4 (c) (3))".,and adding a new Condition 6 11 that states the church shall maintain trash facilities consistent with section 24-160F of the Butte County 12 Code and re-numbering the subsequent Conditions. 13 14 There is a 10-day appeal period on decisions with the Clerk of the Board. 15 C. SPA 06-01 - Butte County. Staff recommends that the Planning Commission adopts a 16 resolution recommending SPA 06-01 to the Board of Supervisors 17 18 Name: County of Butte Project: Specific Plan Amendment, SPA 06-01 19 Planner: Stacey Jolliffe- 20 Location: North Chico Specific Plan Area 21 Proposal: A Specific Plan Amendment to the M-1 zone of the North Chico Specific 22 Plan to allow as conditional uses,substantially similar uses to those specified in Chapter 23 7,Pages 7-19 and 7-20 of the North Chico Specific Plan. 24 25 Mr. Mark Michelena gave a brief summary of the project. 26 27 Chairman Lambert asked if the project is allowing a commercial use in the M zone. 28 29 Ms.Jolliffe went over different scenarios of how the Amendment would allow the Commission to find a 30 compatible use but would not open up the M zone completely. 31 32 Commissioner Leland asked what the finding is that the Planning Commission is supposed to make. 33 34 Ms. Jolliffe said it is in the Resolution on page 5 of the Agenda Report and went over what the 35 Commission needs to do. 36 37 Chairman Lambert asked if they are doing this for a specific project. 38 39 Ms. Jolliffe said there is a project in house that led them to look at this Ordinance, but it has not come 40 before the Commission. This Amendment would not automatically mean the project would be approved. 41 42 Mr. Michelena said that all items have to go to ALUC. 43 44 Chairman Lambert opened the public hearing. 45 46 Chairman Lambert closed the public hearing and confined comments to staff and Commission. 47 48 It was moved by Commissioner Marin, seconded by Commissioner Wilson and unanimously carried to 49 adopt Resolution PC 07-06 approving the Specific Plan Amendment for Butte County subject to the 50 findings and conditions. 51 1 There is a 10-day appeal period on decisions with the Clerk of the Board. 2 3 4 VIII. GENERAL BUSINESS - This section of the agenda is to be utilized by the Planning Commission and 5 Director of Development Services on items of interest,general discussion,or items for which staff has been directed 6 to do research and bring back to the Commission. Items A, B, &C may not always be addressed at every hearing, 7 but will always be listed as part of the agenda. 8 9 A. Directors' Report 10 11 Mr. Calarco said that both Tim Snellings and Charles Thistlethwaite are attending the 12 Planning Directors conference in Sacramento and they will report on what they learned at 13 the next meeting. 14 15 B. General Plan/Zoning Ordinance Update 16 17 Mr.Dan Breedon gave a summary of the Summit Meeting. He went over graphs created 18 from the meeting. He said that transportation was first among concerns. He said the 19 Guiding Principles were going before the Board of Supervisors on Tuesday February 13, 20 2007. 21 22 C. Update of Board of Supervisors Actions 23 24 None 25 26 D. Legislative Case Law update 27 28 None 29 30 E. Planning Commission Concerns 31 32 Chairman Lambert asked what scenario would allow the Commission to have a closed 33 session. 34 35 Mr. Roger Wilson said he would find out. 36 37 IX. MINUTES—. 38 39 None 40 41 X. COMMUNICATIONS-Communications received and referred (Copies of all communications are available 42 in the Planning Division Office) 43 44 M. ADJOURNMENT 45 46 The meeting was adjourned was 9:45 am. 47 Department of Development Services ��T TF rx Building Division 0 0 0 .0 7 County Center Drive o 0 Oroville, CA 95965 0 _ _ = 0 ?1 530) 538-7601 (530) 538-7785 FAX 0 r �! FACSIMILE COVER SHEET DATE: 1-24-07 TO: Chico Enterprise Record FROM: Gwyn Benedict SUBJECT: Publishing for SPA 06-01 on 1-29-07 Number of pages (including this cover sheet) 3 Fax Number (530) 877-1326 If you do not receive all of the pages, please call (530) 538-5260 as soon as possible. Special Instructions: Please confirm receipt by return Fax at (530) 538-7785. By: Date Fax Received Time: I Comments: k Thank you, Gwyn Benedict KAplanningWormMax cover 07 05 COUNTY OF BUTTE FIELD • NUMBER OROVILLE, CALIFORNIA PURCHASE ORDER F 07-240 S Chico Enterprise Record U Attn: Donna PP.O. Box 9 PChico, CA 95927 Issued By Department DDS/Planning Division I E R DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O.# 1/24/07 NOTICE OF PUBLIC HEARING 40-001-53 To be published in the Chico Enterprise Record Monday, January 29, 2007 To be published in an 1/8 page display. Thank you. Please furnish this office two copies of the affidavit of Publication. SPA 06-01 Butte County Planning Tina - 538-5260 7 County Center Drive Oroville, CA 95965 TOTAL I,the undersigned, hereby certify that,to the best of my knowledge,the services or articles specified above have been performed or delivered or,where authorized,are hereby contracted for and that there is a Budget Appropriation for the same. F 07-240 Date: Department ea or Authorized Deputy SUPPLIER NO. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV.DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 Submit WHITE,CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD Butte County Department of Development Services �vTrF TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive ° Oroville, CA 95965 a (530)538-7601 Telephone �+ •� (530)538-7785 Facsimile ADMINISTRATION * BUILDING* PLANNING Date: January 24, 2007 To: Responsible and Trustee Agencies Subject: 8-Day review of the Agenda Report for Specific Plan Amendment (SPA 06-01) Please review the enclosed/attached agenda report. This review should focus on your agency's area of expertise and jurisdiction. Any comments must be received within 8 days, ending January 31, 2007. If you have any questions regarding the enclosed agenda report and attachments,please contact(by 1/31/07) either Mark Michelena at 530-538-7376 or by email at mmichelena@buttecounty.net, or Stacey Joliffe at 538-6573 or by email at sjoliffe@buttecounty.net, between the hours of 7:30 a.m. and 4:30 p.m., Monday through Friday. Thank you. Sincerely, Mark Michelena Senior Planner bAL o '� ��;,' ���� ..tr --.. : `r. ° -� �, � •t,w 7� � S 1a' `• .• Tai' ��. � Q G. ' EWAIW IP Ln j Residential Single Familty i;', �YII ..._a.....� _ �+ L . �� -� ate...-r.�. .f`•— - .r +' .may `• _ `F ,moi' �' Gtr r...ct�. fir ; 4 k. , 10 _ X111 �-� •�+\\ �. , . _�_ _ ___. s � — . \, � 'act• • • Butte County Department ofDevelopment Services TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR �vT oTFo 7 County Center Drive o 0 Oroville,CA 95965 0 0 (530)538-7601 Telephone o _ •�- o (530)538.7785 Facsimile o - o hftp://www.buffecounty.net/dds c01U Nty December 26, 2006 Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 Subject: Specific Plan Amendment (SPA 06-01) Resolution of the Board of Supervisors of the County of Butte initiating an amendment to the M-1 zone of the North Chico Specific Plan to allow as conditional uses, substantially similar uses to those specified in Chapter 7, Pages 7-19 and 7-20 of the North Chico Specific Plan BACKGROUND: The Department of Development Services (DDS) received an application for a proposed manufactured home sales business in the M-1 zone of the North Chico Specific Plan. The application was processed and staff review of the project began. A mitigated negative declaration was completed and circulated for public review. During the preparation of the draft agenda report, DDS noted that the proposed use was not specifically listed as a permitted or conditionally permitted use in the North Chico Specific Plan. DDS had intended to process the application for manufactured home sales as substantially similar to other uses permitted in the M-1 zone of the North Chico Specific Plan, namely 'heavy equipment rental or sales.' Allowing uses within a zoning designation that are substantially similar to other uses already allowed in that zoning designation is a somewhat common planning practice. It is enabled, for instance by Butte County Code Section 24-65, Applicability of Zoning Regulations. The regulations set forth in this article shall govern land use within areas or districts so zoned. All uses of land within a zoned district not specifically authorized or permitted by the regulations are prohibited unless they have been found to be substantially similar to other permitted, conditional, or accessory uses by the director of development services or designee, the planning commission, or board of supervisors. i f Page 1 of.2 • 0 Upon further review, and in discussion with other departments, it was discovered that the language of the North Chico Specific Plan allows only the uses specifically listed in the text. It does not allow a determination of substantially similar uses. The North Chico Specific Plan specifically addresses land uses allowed within specific zoning districts; it incorporates the Butte County Code only "(i)f specific development standards have not been established, or if an issue, condition, or situation arises or occurs that is not covered, provided for, or clearly understandable in the Specific Plan. (Chapter 7, Page 7-3). North Chico Specific Plan allows determinations of similar uses in the M-2 Heavy Industrial Zone (because it incorporates by reference the Butte County Code for this zone), and in the C-1 Light Commercial and C-2 General Commercial zones. In the C-1 and C-2 zones, Chapter 7, Pages 7-16, 7-17 and 7-18 allow "additional permitted and conditionally permitted uses that are similar in character." However, language allowing flexibility to permit or conditionally permit uses which are substantially similar to other uses allowed in the zone was not written into the M-1 zone. Therefore, staff is recommending additional language to this effect. A specific permitted use listed in the M-1 zone is a heavy equipment rental and sale yard. The Department of Development Services believes that use, being commercial, is a similar or like use to the applicants manufactured home sales and should be allowed through a use permit process. REQUEST: The Board of Supervisors of the County of Butte direct the Department of Development Services to prepare an amendment to the M-1 zone of the North Chico Specific Plan to allow as conditional uses, substantially similar uses to those specified in Chapter 7, Pages 7-19 and 7-20 of the North Chico Specific Plan. If you have any questions, please do not hesitate to Planning Manager Chuck Thistlethwaite at 530-538-6572 or Principal Planner Stacey Jolliffe at 530-538-6573. Sincerely, Tim Snellings, Director Attachments: A: Proposed Resolution B: Aerial Photograph with Zoning and Surrounding Uses Page 2 of 2 "DRAFT"LEAD IN SHEET f4(:)-7--(3 (Sf A 0(0-0a� PROJECT NUMBER: AP#(s): itl APPLICANT: aWkgmgW �yvlceg OWNER(S): AJ_-A,I REPRESENTATIVE: PROPOSED REQUEST: (by counter planner) FIS REQUEST: (by project planner) tib t!t CPiI 4 in 0 d c_ �� u S1 , uAk,jai Uf ,4411 07 /"Skd /Ot. C6RI A-'-- 7, BAP& 7—(f Q A .tics; LOCATION: (by counter planner) FINAL LOCATION: (by project planner) S EXISTING ZONING: Cf GENERAL PLAN DESIGNATION: SIZE: �- SUPERVISORIAL DISTRICT#: 3 DATE RECEIVED: l/q 107 COUNTER PLANNER'S INITIALS: ASSIGNED PLANNER: /Via td" Date Prosect Assigned: IDR Date: 30 Day Complete: Tentative Hearing Date: COMMENT DISTRIBUTION LIST Project Number: County Offices and Cities: Planning Division X Assessor's Office-Mapping _ BCAG X Environmental Health _ City of Biggs _ ALUC Building Manager _ City of Chico _ APCD X LAFCo _ City of Gridley _ Butte Co.Farm Bureau X Agricultural Commission ____ City of Oroville _ Chico Airport Commission X Public Works/Land Dev _ Town of Paradise _ Chief Administrative Officer X County Counsel Fire Protection: X California Department of Forestry El Medio Fire Protection District Domestic Water: S.F.W&P.Agency(OWID) _ Butte Water District Del Oro Water Co. California Water Service Co. _ Thermalito Irrigation District _ Other Utilities: _ PG&E North-Chico _ Pacific Bell _ Chambers Cable TV PG&E South-Oroville Viacom Cable TV Irrigation District: Biggs/West Gridley Water _ Durham Irrigation Dist. Paradise Irrigation Dist. Richvale Irrigation Dist. — Table Mountain Irrigation Dist. Sewer: L.O.A.P.U.D. _ Sterling City Sewer Main Skansen Subdivision(CSA 21) Drainage Districts: Sacramento&San Joaquin Drainage Dist. _ Reclamation District No. 833 Drainage District 200 _ Reclamation District No.2054 Reclamation District No.2056 State Agencies: CalTrans Dept.of Water Resources Dept.of Fish and Game Federal Agencies: U.S.Forest Service — U.S.Bureau of Land Management Other Districts,Agencies,Committees,etc.: