HomeMy WebLinkAboutZCA 05-05_PLANNING (2) PA OR SHEET
APN:
PROJECT NUMBER: ZCF �- OS - OS
a �
PROJECT SUMMARY SHEET
FILE NO.: ZCA 05-05
PROJECT TYPE: Zoning Code Amendment
APN:
APPLICANT: Butte County Dev Sery
ADDRESS:
PHONE:
OWNER: County wide
ADDRESS:
REPRESENTATIVE:
ADDRESS:
PROJECT DESCRIPTION: Zoning Code Amendment to change the permitted uses in the AR zones to allow
construction of neighborhood dental and medical clincics in areas to better serve residents in a style and manner
conductive to a residential area.
LOCATED: County-wide
PROPERTY ZONED:
GENERAL PLAN DESIGNATION: Q
TOWN/AREA:
1. Application accepted: 2/8/2005 Amount: $ 0 Receipt#:
2. Assigned To: Stacey Jolliffe
3. Comments sent to: Public Works Director,Environmental Health, Assessor, LAFCo, Agricultural
Commissioner, CDF, Building Manager
4. Sent to Inter-Departmental Review Committee(IDR):
5. Status Letter sent to applicant:
6. Date scheduled for IDR: 12:00:00 AM
7. Comments received from:
8. Rezone Petition Signatures Checked:
9. Mailing List/Lead-in Sheet:
10. Environmental Determination:
Clearinghouse circulation required: Yes No Date Sent to SCH:
State Clearinghouse No. Categorical Exemption-CEQA#
Negative Declaration
�` Mi igation Negative Declaration
Subject to Fish&Game: ivv nvironmental Impact Report
De Minimis: Gen. Rule Ex.—CEQA#
Other
11. Staff Recommends: Approval Denial �pi.�a--,
12. Notices Mailed: Neg Dec Hearing Number of Noti es:
13. Newspaper Publication Date: Neg Dec Hearing O C P G B
14. Planning Commission Hearing(s):
Action taken:
15. Board of Supervisors' Hearing(s):
Action taken:
Board Resolution No.: Ordinance No: Adopted:
16. Remanded to Planning Commission:
17. Type approval/denial letter, send to applicant:
18. N.O.E. /N.O.D./APPENDIX G: Fish&Game Fees Paid: Yes No
19. Take file to Public Works:
BUTTE COUNTY CLERK OF THE BOARD USE ONLY
BOARD OF SUPERVISORS MEETING DATE:
AGENDA TRANSMITTAL AGENDA ITEM:
Zoning Code Amendment (ZCA 05-05) to Butte County Code Section 24-95 to
AGENDA TITLE: allow as co io ally permitted uses, medical and dental clinics and offices
DDS, W1 MEETING DATE 11/21/06
DEPARTMENT: Planni DATE: 11/2/06 REQUESTED:
Mark REGULAR X CONSENT
CONTACT: Michelena PHONE: 538-7376
DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: Zoning Code Amendment to
Section 24-95 of the Butte County Code to allow medical and dental clinics and offices as conditional
uses in the AR (Agricultural Residential) zones with the issuance of a Use Permit to better serve
residential areas. The Planning Commission held a public hearing on October 26,'2006 to consider the
proposed zoning code amendment and recommends approval to the Board of Supervisors.
ACTION REQUESTED: The Board of Supervisors:
1. Find the project exempt from the California Environmental Quality Act under the General Rule
exemption Section 15061(b)(3); and
2. Adopt ordinance amending Section 24-95 Agricultural Residential to Chapter 24 of the Butte
County Code, to allow medical and dental clinics and offices as conditionally permitted uses,
with findings.
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
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA REPORT—NOVEMBER 21, 2006
Applicant: County of Butte Location: County-wide
File#: ZCA 05-05 Parcel Size: N/A
Request: Zoning Code Amendment to Supervisor 1-5
Section 24-95 of the Butte Districts:
County Code to allow medical
and dental clinics and offices
as conditional uses in the AR
(Agricultural Residential)
zones with the issuance of a
Use Permit
G.P.: Various Planner: Mark Michelena
Zoning: AR through AR-10 Attachments:
i
A: Proposed Ordinance
Zone Date: N/A B: Planning Commission
Agenda Report/Minutes of
October 26, 2006
C: Minute Order from Board of
Supervisors (0503-012)
EXECUTIVE SUMMARY:
The Department of Development Services was directed by the Board of Supervisors to process a
Zoning Code Amendment to Butte County Code Section 24-95 (Agricultural Residential) to
conditionally allow neighborhood dental and medical clinics within the AR through AR-10
Zoning Districts.
The Zoning Code Amendment was presented to the Planning Commission on October 26, 2006,
and the Planning Commission recommends that the Board of Supervisors approve Zoning Code
Amendment 05-05, per the proposed ordinance (Attachment A).
PLANNING COMMISSION COMMENTS AND RECOMMENDATIONS
Attachment B includes the Planning Commission Agenda Report, including staff analysis and
meeting minutes of the October 26, 2006 meeting. The Planning Commission recommended one
modification to the proposed zoning code amendment:
■ BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT■
■November 21,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 1 of 3 ■
• To allow medical and dental clinics and offices as conditional uses in the AR
(Agricultural Residential) zones with the issuance of a Use Permit.
ACTION FOR CONSIDERATION: The Planning Commission recommends that the Board
of Supervisors take the following action:
The Board of Supervisors, following public hearing and discussion, adopts the following
findings with regard to the proposed ordinance amendment to allow medical dental and dental
clinic and offices as conditional uses in the AR (Agricultural Residential) zones with the
issuance of a Use Permit:
I. The Zoning Code Amendment has been the subject of staff study and public comment,
and has been prepared for the purpose of allowing medical and dental clinics and offices
as conditional uses in the AR zones.
II. The Board of Supervisors finds the project exempt from the California Environmental
Quality Act under the General Rule exemption Section 15061(b)(3).
III. The Board of Supervisors approves Zoning Code Amendment 05-05 to allow medical
and dental clinics and offices as conditionally permitted uses in the A-R (Agricultural
Residential) zone based on the following findings:
A. The proposed zoning code amendment is consistent with the Butte County
General Plan Goals and Policies, particularly Land Use Element Policies:
3.3 Small businesses in the home can provide self-employment and a degree
of financial independence for the residents. Similarly, offices and
commercial uses in residential areas can sometimes provide convenient
service to area residents. Some offices and services can be compatible
with residential uses if sufficient limitations and conditions are places on
the business activities.
3.3.a. Allow home occupations and compatible types of commercial uses
were approved of in residential areas.
4.3 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.
■ BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT■
■November 21,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 2 of 3 ■
4.3.d. Designate retail and service commercial areas in close proximity to
residential development.
B. Medical and dental clinics and offices are desirable in the Agricultural-Residential
zoning district to provide health services to residential areas not located in
proximity to office/commercial areas.
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■ BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT.
■November 21,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■ Page 3 of 3 ■
1 Ordinance No.
2 ZONING CODE AMENDMENT 05-05: ORDINANCE AMENDING SECTION
3 24-95 REGARDING CONDITIONALLY PERMITTED USES IN CHAPTER 24,
.4 ENTITLED "ZONING", OF ,THE . BUTTE COUNTY CODE
5
6 The Board of Supervisors of the County of Butte
ordains as follows :
7
Section 1 . Section 24-95 of Chapter 24 of the
8 Butte County Code is amended to read as follows :
9
The following permitted uses, uses requiring a use
10 permit, and administrative uses shall apply to all
zones AR through AR-10 . Uses that are unique to a
11 particular zone and site requirements for each zone
12 will be listed separately.
(a) Uses permitted:
13 (1) One (1) single-family dwelling or modular home per
parcel .
14 (2) The use of a single-family residence as a small
family day care home, licensed family care home, foster
15 home, or group home for mentally disordered or
16 otherwise handicapped persons or neglected children.
Said homes shall serve six (5) or fewer persons and
17 shall be subject to all applicable state regulations
and limitations .
18 (b) Accessory uses :
19 (1) Those uses and structures normally associated with
a single-family residential use and are in conjunction
20 with or incidental to the residential use, including
but not limited to a garage, workshop, shed, garden,
21 private swimming pool, private tennis court, gazebo,
spa, etc .
22 (2) A guest house as 'defined by section 24-305 . 175 of
23 the Butte County Code.
(3) Second dwelling unit subject to the requirements of
24 section 24-280 .
(4) Agricultural uses, including the keeping of
25 animals, subject to the animal maintenance requirements
of sections 24-255 . 1 through 24-255 . 15, inclusive, of
26 this Code .
27 (c) Uses requiring use permits . The following uses are
permitted subject to a use permit :
i
1 (1) Duplex dwellings, multiple residences, and
multiple-family dwellings subject to the density
2 allowed by the general plan, and bed and breakfast
inns .
3 (2) Golf courses and country clubs, including but not
limited to accessory uses such as driving range, pro
4 shop, cocktail bar, restaurant .
5 (3) Public and quasi-public uses .
(4) Commercial poultry farming and livestock farming,
6 nurseries and plant gardens .
(5) Veterinary clinics, kennels .
7 (6) Medical and Dental Clinics. and offices
(67) Sales tract office.
8 (*8) Mobile home parks subject to the density of the
9 general plan in the AR, AR-1/2, and AR-1 zones only.
(d) Uses requiring a minor use permit . The following
10 uses may be permitted subject to the requirements of
section. 24-41 :
11 (1) Large family day care facilities subject to the
requirements of section 24-265 .
12 (2) Bed and breakfast home.
13 (e) Uses requiring an administrative permit. The
following uses may be permitted subject to the
14 requirements of section 24-40 :
(1) Home occupations subject to the requirements of
15 section 24-270 .
16 (2) Temporary uses as listed in section 24-300 .
(3) A temporary mobile home subject to the requirements
17 of sections 24-295, and 24-295 . 10 .
18
Front Side Rear 1
19 Zone Lot Lot Yard i Yard ; Yard
20 District Area width isetbackISetbacklSetbackll
21 �AR See 65' 201 * �' 5' i
1 i
section 1
22 ( 24-75
�AR� 3A acre �65' 20' * 5' I 5'
23 1AR-1 1 acre 130' 20' * 10' 10' �I
24 -� 1 p
AR-2 . 5 2 . 5 I 130' � 20' * � 10'
acres I
25 AR-5 5rca es lr 30' 201 * 10' u 1' 0'
26 pR1— 10 130' 201 * i 10'
I27 acres
2
I
* Minimum front yard setback shall be twenty (20) feet
1 from the edge of the ultimate right-of-way from all
2 public or private roads except where the road is
classified as a federal aid road, in which case the
3 setback shall be twenty-five (25) feet from the edge of
the ultimate right-of-way.
4
5 Section 2 . Severability. If any provision of this
6 Ordinance or the application thereof to any person or
7 circumstances is for any reason held' to be invalid by a
8 court of competent jurisdiction, such provision 'shall be
9 deemed severable, and the invalidity thereof shall not
10
affect the remaining provisions or other applications of the
11
Ordinance which can be given effect without the invalid
12
provision or application thereof .
13
14 Section 3 . Effective Date and Publication. This
15 Ordinance shall take effect thirty (30) days after the date
16 of its passage. The Clerk of the Board of Supervisors is
17
authorized and directed to publish this ordinance before
18
the expiration of fifteen (15) days after its passage. This
19
Ordinance shall be published once, with the names of the
20
members of the Board of Supervisors voting for and against
21
it, in the Chico Enterprise Record, a newspaper of general
22
23 circulation published in the County of Butte, State of
24 California.
25 PASSED AND ADOPTED by the Board of Supervisors of the County ,
26 of Butte, State of California, on the day of
27 2006, by the following vote :
3
1
2 YES:
3 NOES:
4 ABSENT:
5 .
NOT VOTING:
6
7 ,
Curt Josiassen, Chair of the
8 Butte . County Board of
9
Supervisors
'
10 ATTEST: PAUL McINTOSH, Chief Administrative
11 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—OCTOBER 26, 2006
Applicant: .County of Butte Location: County-wide
File#: ZCA 05-05 Parcel Size: N/A
Request: A Zoning Code Amendment to Supervisor 1-5
Butte County Code Section 24- Districts:
95 (Agricultural Residential) to
allow medical and dental
clinics within the AR through
AR-10 Zoning Districts.
G.P.: Various Planner: Mark Michelena
r
Zoning: AR through AR-10 Attachments:
A: Resolution recommending
approval
Zone Date: N/A B: Minute Order from Board of
Supervisors (0503-012)
C: Draft Ordinance
EXECUTIVE SUMMARY:
The Department of Development Services was directed by the Board of Supervisors to,process a
j. Zoning Code Amendment to Butte County Code Section 24-95 (Agricultural Residential) to
allow medical and dental clinics within the AR through AR-10 Zoning Districts. Staff
recommends that the Planning Commission adopt the attached resolution recommending
approval of Zoning Code Amendment 05-05 per the draft ordinance (Attachment A).
PROJECT DESCRIPTION:
A Zoning Code Amendment to Butte County Code Section 24-95 (Agricultural Residential) to
allow medical and dental clinics within the AR through AR-10 Zoning Districts.
GENERAL PLAN ANALYSIS:
The proposed amendment is consistent with the following Land Use Element programs and
polices:
■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■ Page 1 of 6■
3.3 Commercial Uses
Small businesses in the home can provide self-employment and a degree of financial
independence for the residents. Similarly, offices and commercial uses in residential
areas can sometimes provide convenient service to area residents. Some offices and
services can be compatible with residential uses if sufficient limitations and conditions
are places on the business activities.
3.3.a. Allow home occupations and compatible types of commercial uses were
approved of in residential areas. (Grammar remains as adopted.)
Medical and dental clinics will provide necessary health services as well as "convenient
service to area residents. " The requirement to obtain a use permit to establish medical
and dental clinics will ensure "sufficient limitations and conditions are placed on the
business activities"so that clinics are compatible with surrounding residential uses.
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.
Medical and dental clinics provide necessary public health services. Allowing them to
locate in the AR zone, with the issuance of a use permit, provides an opportunity to
designate additional land for necessary public health services in or near the residential
markets they serve.
PROJECT ANALYSIS:
• Medical and dental clinics are conditionally permitted uses in the R-1, R-2, R-3, and R-4
zoning districts. Medical and dental clinics are permitted uses in commercial zoning
districts. Substantial residential populations exist outside the R-1 to R-4-and commercial
zoning districts, especially outside the larger urbanized communities.
• The AR zones currently allow the development of single-family homes and accessory
facilities as permitted uses. With the issuance of a use permit, the AR zones currently allow
duplexes, golf courses, country clubs, commercial poultry farming and livestock farming,
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 2 of 6■ 6
plant nurseries, veterinary clinics, kennels, public and quasi-public uses and mobile home
parks.
• Quasi-pubIc uses (conditionally-permitted in the AR zone) are defined in section 24-305.450
as "A use operated by a private nonprofit educational, religious, recreational, charitable,
fraternal, or medical institution, association or organization, said use having the purpose
primarily if serving the general public, and including, but not limited to, such uses as
churches, private schools, universities, community youth and senior citizen recreational
facilities, meeting halls, private hospitals, public utility facilities unless preempted from local
review by state or federal regulations, private schools, daycare centers, fraternities, sororities,
and the like."
• Veterinary clinics and private hospitals (conditionally-permitted uses) and medical and dental
clinics (proposed conditionally-permitted uses) are quite similar from a land use planning
perspective and are likely to generate similar environmental effects.
• The ability to locate medical and dental clinics near, or adjacent to, residences will provide a
necessary service to local residents.
• Medical and dental clinics are desirable in the Agricultural-Residential zoning district to
provide health services to residential areas not located in proximity to office/commercial
areas or R-1 to R-4 zoning districts.
• If proposed Zoning Code Amendment ZCA 05-05 is approved, the Planning Commission
would be responsible for approving, conditionally approving, or denying future use permit
applications for medical and dental clinics in the AR 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 Zoning Code Amendment ZCA 05-05 qualifies as exempt from the California
Environmental Quality Act(CEQA) for either of the two following reasons:
1) No construction is being permitted by proposed Zoning Code Amendment ZCA 05-05.
Future medical and dental clinics will require a conditional use permit and associated
environmental review. The requirement for medical and dental clinics to obtain a use permit
prior to construction would ensure that proposed Zoning Code Amendment ZCA 05-05 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
. BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 3 of 6■
no possibility that proposed Zoning Code Amendment ZCA '05-05 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.
2) Medical or dental clinics are quite similar to uses already allowed with a use permit in the AR
zones including private hospitals and veterinary clinics. Section 24.65 of the Butte County Code
states " 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." The director of development services has found
medical and dental clinics to be substantially similar to other conditionally permitted uses in the
AR zone. Therefore, medical and dental clinics are already a conditionally permitted use in the
AR zone even without proposed Zoning Code Amendment ZCA 05-05 .
it
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■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■ Page 4 of 6■
RESOLUTION -
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL OF REZONE 05-05
WHEREAS, the Planning Commission has considered Rezone 05-05 for the Department
of Development Services in accordance with Chapter 24, Zoning, of the Butte County Code, to
allow as conditionally permit uses, medical and dental clinics in the Agricultural Residential
zones; 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 October 26, 2006; 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:
I. 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 Zoning Code Amendment ZCA
05-05. Future medical and dental clinics will require a conditional use permit and
associated environmental review. The requirement for medical and dental clinics to
obtain a' use permit prior to construction would ensure that proposed Zoning Code
Amendment ZCA 05-05 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 Zoning Code
Amendment ZCA 05-05 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.
B. Medical or dental clinics are quite similar to uses already allowed with a use
permit in the AR zones including private hospitals and veterinary clinics. Section 24.65
of the Butte County Code states " 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."
The director of development services has found medical and dental clinics to be
substantially similar to other conditionally permitted uses in the AR zone. Therefore,
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■ Page 5 of 6■
medical and dental clinics are already a conditionally permitted use in the AR zone even
without proposed Zoning Code Amendment ZCA 05-05 .
II. Recommends that the Board of Supervisors approve Zoning Code Amendment ZCA 05-
05 to allow medical and dental clinics as conditionally permitted uses in the A-R
(Agricultural Residential) zone subject to the following findings:
A. The proposed zoning code amendment is consistent with the Butte County
General Plan Goals and Policies, Land Use Element Policy 3.3 because medical
and dental clinics will provide necessary health services as well as "convenient
service to area residents." The requirement to obtain a use permit to establish
medical and dental clinics will ensure "sufficient limitations and conditions are
places on the business activities" so that clinics are compatible with surrounding
residential uses.
B. The proposed zoning code amendment is consistent with the Butte County
General Plan Goals and Policies, Land Use Element Policy 4.3 because allowing
medical and dental clinics to locate in the AR zone, with the issuance of a use
permit, provides an opportunity to designate additional land for necessary public
health services in or near the residential markets they serve.
C. Medical and dental clinics are desirable in the Agricultural-Residential zoning
district to provide health services to residential areas not located in proximity to
office/commercial areas or R-1 to R-4 zoning districts.
DULY PASSED AND ADOPTED this 26th day of October, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: -
Chuck Nelson- Chairman
Planning Commission
County of Butte, State of California
ATTEST:
LYNN RICHARDSON, Secretary
Planning Commission
County of Butte, State of California
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 6 of 6 ■
DRAFT . .
ZCA 05-05 - staff recommends approval
Name: Butte County Board of Supervisors
Project: Zoning Code Amendment 05-05 Planner: Mark Michelena
Location: County-wide
Proposal: Zoning Code Amendment to Butte County Code Section 24-95
(Agricultural Residential) to allow neighborhood dental and medical clinics within
the AR through AR-10 Zoning Districts.
Mr. Michelena gave a brief summary of the project. He said that that they need to add the word
"conditionally"before "allow neighborhood".
Commissioner Lambert asked for clarification on the difference between dental/medical offices, and
dental/medical clinics as well as veterinary clinics and veterinary hospitals.
Mr. Michelena did not have a strict definition.
Commissioner Lambert asked if one type has more activity than another.
Ms. Jolliffe said that the code defines a hospital, but not a clinic.
Commissioner Lambert said she wasn't sure if they cared'as far as what was before them.
Commissioner Leland said he could see an opponent if someone was proposing a hospital and the
code only allows for a clinic.
Mr. Thistlethwaite said typically that clinics are more open to the public with walk-ins and has
medical equipment such as x-ray that you wouldn't ordinarily see in a doctors office. Hospitals are
primarily intended where you have beds licensed by the state for care over a period of time where
clinics are intended for patients to come in without an inpatient type setting. He said that as these
projects come in staff will review them and make recommendations to the Commission.
Commissioner Lambert said that at this point the wording is for clinics.
Mr. Thistlethwaite said yes and that he would construe that to include offices as well.
Commissioner Lambert said that would not include a hospital.
Mr. Thistelthwaite said that is not part of the amendment today.
Chairman Nelson spoke of veterinary clinics calling themselves hospitals.
Mr. Thistlethwaite said he was sticking with humans and that state requirements would be different
for humans than animals.
BUTTE'COUNTY PLANNING COMMISSION,.P.MINUTES}OCTOBER 26,2006 y
t i PAGE,94 r,
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i
DRAFT
Commissioner Lambert was concerned about how large the facility is and should they define the size.
Mr. Thistlethwaite said that is why it is a conditional use in the zone because the Commission needs
to review these individually and then determine compatibility.
Commissioner Leland said that since it would be subject to a Use Permit that the language could be
broadened. He thought that the word clinic meant anything that involved the treatment of patients.
He asked what language is used in the authorization text for the Residential zones. He thinks they
should use the same terminology.
Commissioner Lambert agreed they should be consistant.
Ms.Jolliffe said that all the R zones allow as conditionally permitted uses medical and dental clinics
and offices. Which may be the preferred language for the Commission to use.
Commissioner Leland said they would have the benefit of being consistant.
The hearing was opened to the public.
The hearing was closed and comments confined to the Commission and staff.
It was moved by Commisioner Marin,seconded by Commissioner Wilson,and unanimously carried
to adopt Resolution PC 06-50 approving ZCA 05-05 Butte County Board of Supervisors subject to
the findings and conditions and the changes to the executive summary language 3rd line adding
"conditionally allow medical and dental clinics and offices"with the recommendation to send to the
Board of Supervisors for a Zoning Code Amendment.
There is a 10-day appeal period on decisions with the Clerk of the Board
■BUTTE COI�3VTY PLANING COMMISSION■NM UTES OCTOBER 26,.2006 - _ -12
-a-rPAGE 10-m__.
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- Page 1 of 1
Michelena, Mark
From: Reeves, Marion
Sent: Tuesday, October 03, 2006 3:25 PM
To: Michelena, Mark
Subject: RE: Zoning Code Amendment-Medical and Dental Clinics
Hi Mark
Here's the info
0503-012 Changes to Permitted Uses in Agricultural Residential (AR) Zoned
Areas - discussion regarding a possible change to Section 24-05 "AR
Through AR-10 (Agricultural Residential) Zones" of the Butte County
Zoning Ordinance .to allow construction of neighborhood dental and
medical clinics in areas to better serve residents in a style and
manner conducive to a residential area - action requested - DISCUSS
AND PROVIDE DIRECTION STAFF. (**3123) (***00)
MOTION: I MOVE TO DIRECT STAFF TO PROCEED WITH AMENDING THE AR ZONE TO
CONSIDER SMALL MEDICAL (AND DENTAL) CLINICS UNDER USES REQUIRING A
USE PERMIT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
From:'Michelena, Mark
Sent: Tuesday, October 03, 2006 2:28 PM
To: Reeves, Marion
Subject: Zoning Code Amendment- Medical and Dental Clinics
Marion,
Good afternoon. I was wondering what the official action taken by the Board (January/February 2005) regarding
initiating the zoning code amendment to add medical and dental clinics to the Agricultural Residential zone. Did is
specifically state the AR zone?
Thank you.
Mark Michelena
Department of Development Services
Planning Division
I Ordinance No.
2 ZONING CODE AMENDMENT 05-05: ORDINANCE AMENDING SECTION
3 24-95 REGARDING CONDITIONALLY PERMITTED USES IN CHAPTER 24,
4 ENTITLED "ZONING", OF THE BUTTE COUNTY CODE
5
6 The Board of Supervisors of the County of Butte
ordains as follows :
7
Section 1 . Section 24-95 of Chapter 24 of the
8 Butte County Code is amended to read as follows :
9
The following permitted uses, uses requiring a use
10 permit, and administrative uses shall apply to all
zones AR through AR-10 . Uses that are unique to a
11 particular zone and site requirements for each zone
12 will be listed separately..
(a) Uses permitted:
13 (1) One (1) single-family dwelling or modular home per
parcel .
14 (2) The use of a single-family residence as a small
family day care home, licensed family care home, foster
15 home, or group home for mentally disordered or
16 otherwise handicapped persons or neglected children.
Said homes shall serve six (6) or fewer persons and
17 shall be subject to all applicable state regulations
and limitations .
18 (b) Accessory uses:
19 (1) Those uses and structures normally associated with
a single-family residential use and are in conjunction
20 with or incidental to the residential use, including
but not limited to a garage, workshop, shed, garden,
21 private swimming pool, private tennis court, gazebo,
spa, etc .
22 (2) A guest house as defined by section 24-305 . 175 of
23 the Butte County Code.
(3) Second dwelling unit subject to the requirements of
24 section 24-280 .
(4) Agricultural uses, including the keeping of
25 animals, subject to the animal maintenance requirements
of sections 24-255 . 1 through 24=255 . 15, inclusive, of
26 this Code .
27 (c) ,Uses requiring use permits . The following uses are
permitted subject to a use permit:
i
1 (1) Duplex dwellings, multiple residences, and
multiple-family dwellings subject to the density
2 allowed by the general plan, and bed and breakfast
inns .
3 (2) Golf courses and country clubs, including but not
limited to accessory uses such as driving range, Pro
4 shop, cocktail bar, restaurant .
5 (3) Public and quasi-public uses .
(4) Commercial poultry farming and livestock farming,
6 nurseries and plant gardens .
(5) Veterinary clinics, kennels .
7 (6) Medical and Dental Clinics and offices
(§7) Sales tract office.
8 (7-8) Mobile home parks subject to the density of the
9 general plan in the AR, AR-1/2, and AR-1 zones only.
(d) Uses requiring a minor use permit . The following
10 uses may be permitted subject to the requirements of
section 24-41 :
11 (1) Large family day care facilities subject to the
requirements of section 24-265 .
12 (2) Bed and breakfast home.
13 (e) Uses requiring an administrative permit. The
following uses may be permitted subject to the
14 requirements of section 24-40 :
(1) Home occupations subject to the requirements of
15 section 24-270 .
16 (2) Temporary uses as listed in section 24-300 .
(3) A temporary mobile home subject to the requirements
17 of sections 24-295 and 24-295 . 10 .
18 _
- ------- -- - -- -- - -- --- Front Side Rear
'[
19 ;Zone Lot Lot Yard Yard Yard
20 District' Area Width Setback Setback Setback
AR See 65' 20' * 5' 5'
21 [sec
tion
22 _ _ 4-75
5'
AR-� ---y -� acre -65'- -- -5' -
23 AR-1 _ I 1 acre 130' 20' * -
24 AR-2 . 5 I 2 . 5 130' 20' * 10' 10'
25 - - - -- I acres ; ---- _!. - - - - -
!AR_5 _-_ 5 -acres ! 130' ! 201 * 10' `10'
26 !AR-10 10 130' I 20' * 10' 10'
27 acres
. 2
1 * Minimum front yard setback shall be twenty (20) feet
from the edge of the ultimate right-of-way from all
2 public or private roads except where the road is
classified as a federal aid road, in which case the
3 setback shall be twenty-five (25) feet from the edge of
the ultimate right-of-way.
4
5 Section 2 . Severability. If any provision of this
6 Ordinance or the application thereof to any person or
7 circumstances is for any reason held to be invalid by a
8 court of competent jurisdiction, such provision shall be
9 deemed severable, and the invalidity thereof shall not
10
affect the remaining provisions or other applications of the
11
Ordinance which can be given effect without the invalid
12
provision or application thereof .
13
14 Section 3 . Effective Date and Publication. This
15 Ordinance shall take effect thirty (3 0) days after the date
16 of its passage . The Clerk of the Board of Supervisors is
17
authorized and directed to publish this ordinance before.
18
the expiration of fifteen (15) days after its passage. This
19
Ordinance shall be published once., with the names of the
20
members of the Board of Supervisors voting for and against
21
22 it, in the Chico Enterprise Record, a newspaper of general
23 circulation published in the County of Butte, State of
24 California.
25 PASSED AND ADOPTED by the Board of Supervisors of the County
26 of Butte, State of California, on the day of
27 2006, by the following vote :
3
i
1
i
2 YES :
3 NOES:
4 ABSENT:
5
NOT VOTING:
6
7
Curt Josiassen, Chair of the ,
8 Butte County Board of
Supervisors
9
I 10
ATTEST: PAUL McINTOSH, Chief Administrative
11 Officer and Clerk of the Board
12 By
13
14
15
16
17
I
18
19
20
21
22
23
I
24
I
25
26
27
4
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT—OCTOBER 26,2006
Applicant: County of Butte Location: County-wide
File#: ZCA 05-05 Parcel Size: N/A
Request: A Zoning Code Amendment to Supervisor 1-5
Butte County Code Section 24- Districts:
95 (Agricultural Residential)to
allow medical and dental
clinics within the AR through
AR-10 Zoning Districts.
G.P.: Various Planner: Mark Michelena
Zoning: AR through AR-10 Attachments:
A: Resolution recommending
approval
Zone Date: N/A B: Minute Order from Board of
Supervisors (0503-012)
C: Draft Ordinance
EXECUTIVE SUMMARY:
.The Department of Development Services was directed by the Board of Supervisors to process a
Zoning Code Amendment to Butte County Code Section 24-95 (Agricultural Residential) to
allow medical and dental .clinics within the AR through AR-10 Zoning Districts. Staff
recommends that the Planning Commission adopt the attached resolution recommending
approval of Zoning Code Amendment 05-05 per the draft ordinance (Attachment A).
PROJECT DESCRIPTION:
A Zoning Code Amendment to Butte County Code Section 24-95 (Agricultural Residential) to
allow medical and dental clinics within the AR through AR-10 Zoning Districts.
GENERAL PLAN ANALYSIS:
The proposed amendment is consistent with the following Land Use Element programs and
polices:
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■ Page 1 of 6■
3.3 Commercial Uses
Small businesses in the home can provide self-employment and a degree of financial
independence for the residents. Similarly, offices and commercial uses in residential
areas can sometimes provide convenient service to area residents. Some offices and
services can be compatible with residential uses if sufficient limitations and conditions
are places on the business activities.
3.3.a. Allow home occupations and compatible types of commercial uses were
approved of in residential areas. (Grammar remains as adopted.)
Medical and dental clinics will provide necessary health services as well as "convenient
service to area residents. " The requirement to obtain a use permit to establish medical
and dental clinics will ensure "sufficient limitations and conditions are placed on the
business activities" so that clinics are compatible with surrounding residential uses.
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.
Medical and dental clinics provide necessary public health services. Allowing them to
locate in the AR zone, with the issuance of a use permit, provides an opportunity to
designate additional land for necessary public health services in or near the residential
markets they serve.
PROJECT ANALYSIS:
• Medical and dental clinics are conditionally permitted uses in the R-1, R-2, R-3, and R-4
zoning districts. Medical and dental clinics are permitted uses in commercial zoning
districts. Substantial residential populations exist outside the R-1 to R-4 and commercial
zoning districts, especially outside the larger urbanized communities.
• The AR zones currently allow the development of single-family homes and accessory
facilities as permitted uses. With the issuance of a use permit, the AR zones currently allow
duplexes, golf courses, country clubs, commercial poultry farming and livestock farming,
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■ Page 2 of 6■
plant nurseries, veterinary clinics, kennels, public and quasi-public uses and mobile home
parks.
• Quasi-public uses (conditionally-permitted in the AR zone) are defined in section 24-305.450
as "A use operated by a private nonprofit educational, religious, recreational, charitable,
fraternal, or medical institution, association or organization, said use having the purpose
primarily if serving the general public, and including, but not limited to, such uses as
churches, private schools, universities, community youth and senior citizen recreational
facilities, meeting halls, private hospitals, public utility facilities unless preempted from local
review by state or federal regulations, private schools, daycare centers, fraternities, sororities,
and the like."
• Veterinary clinics and private hospitals (conditionally-permitted uses) and medical and dental
clinics (proposed conditionally-permitted uses) are quite similar from a land use planning
perspective and are likely to generate similar environmental effects.
• The ability to locate medical and dental clinics near, or adjacent to, residences will provide a
necessary service to local residents.
• Medical and dental clinics are desirable in the Agricultural-Residential zoning district to
provide health services to residential areas not located in proximity to office/commercial
areas or R-1 to R-4 zoning districts.
• If proposed Zoning Code Amendment ZCA 05-05 is approved, the Planning Commission
would be responsible for approving, conditionally approving, or denying future use permit
applications for medical and dental clinics in the AR 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 Zoning Code Amendment ZCA 05-05 qualifies as exempt from the California
Environmental Quality Act(CEQA) for either of the two following reasons:
1) No construction is being permitted by proposed Zoning Code Amendment ZCA 05-05.
Future medical and dental clinics will require a conditional use permit and associated
environmental review. The requirement for medical and dental clinics to obtain a use permit
prior to construction would ensure that proposed Zoning Code Amendment ZCA 05-05 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
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 3 of 6■
i
no possibility that proposed Zoning Code Amendment ZCA 05-05 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.
2) Medical or dental clinics are quite similar to uses already allowed with a use permit in the AR
zones including private hospitals and veterinary clinics. Section 24.65 of the Butte County Code
states " 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." The director of development services has found
medical and dental clinics to be substantially similar to other conditionally permitted uses in the
AR zone. Therefore, medical and dental clinics are already a conditionally permitted use in the
AR zone even without proposed Zoning Code Amendment ZCA 05-05 .
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 4 of 6■
RESOLUTION -
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL OF REZONE 05-05
WHEREAS, the Planning Commission has considered Rezone 05-05 for the Department
of Development Services in accordance with Chapter 24, Zoning, of the Butte County Code, to
allow as conditionally permit uses, medical and dental clinics in the Agricultural Residential
zones; 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 October 26, 2006; 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:
I. 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 Zoning Code Amendment ZCA
05-05. Future medical and dental clinics will require a conditional use permit and
associated environmental review. The requirement for medical and dental clinics to
obtain a use permit prior to construction would ensure that proposed Zoning Code
Amendment ZCA 05-05 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 Zoning Code
Amendment ZCA 05-05 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.
B. Medical or dental clinics are quite similar to uses already allowed with a use
permit in the AR zones including private hospitals and veterinary clinics. Section 24.65
of the Butte County Code states " 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."
The director of development services has found medical and dental clinics to be
substantially similar to other conditionally permitted uses in the AR zone. Therefore,
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 5 of 6■
medical and dental clinics are already a conditionally permitted use in the AR zone even
without proposed Zoning Code Amendment ZCA 05-05 .
II. Recommends that the Board of Supervisors approve Zoning Code Amendment ZCA 05-
05 to allow medical and dental clinics as conditionally permitted uses in the A-R
(Agricultural Residential) zone subject to the following findings:
A. The proposed zoning code amendment is consistent with the Butte County
General Plan Goals and Policies, Land Use Element Policy 3.3 because medical
and dental clinics will provide necessary health services as well as "convenient
service to area residents." The requirement to obtain a use permit to establish
medical and dental clinics will ensure "sufficient limitations and conditions are
places on the business activities" so that clinics are compatible with surrounding
residential uses.
B. The proposed zoning code amendment is consistent with the Butte County
General Plan Goals and Policies, Land Use Element Policy 4.3 because allowing
medical and dental clinics to locate in the AR zone, with the issuance of a use
permit, provides an opportunity to designate additional land for necessary public
health services in or near the residential markets they serve.
C. Medical and dental clinics are desirable in the Agricultural-Residential zoning
district to provide health services to residential areas not located in proximity to
office/commercial areas or R-1 to R-4 zoning districts.
DULY PASSED AND ADOPTED this 26`h day of October, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chuck Nelson- Chairman
Planning Commission
County.of Butte, State of California
ATTEST:
LYNN RICHARDSON, Secretary
Planning Commission
County of Butte, State of California
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 6 of 6■
DRAFT
ZCA 05-05 - staff recommends approval
Name: Butte County Board of Supervisors
Project: Zoning Code Amendment 05-05 Planner: Mark Michelena
Location: County-wide
Proposal: Zoning Code Amendment to Butte County Code Section 24-95
(Agricultural Residential) to allow neighborhood dental and medical clinics within
the AR through AR-10 Zoning Districts.
Mr. Michelena gave a brief summary of the project. He said that that they need to add the word
"conditionally"before "allow neighborhood".
Commissioner Lambert asked for clarification on the difference between dental/medical offices, and
_ dental/medical clinics as well as veterinary clinics and veterinary hospitals.
Mr. Michelena did not have a strict definition.
Commissioner Lambert asked if one type has more activity than another.
Ms. Jolliffe said that the code defines a hospital, but not a clinic.
Commissioner Lambert said she wasn't sure if they cared as far as what was before them.
Commissioner Leland said he could see an opponent if someone was proposing a hospital and the
code only allows for a clinic.
Mr. Thistlethwaite said typically that clinics are more open to the public with walk-ins and has
medical equipment such as x-ray that you wouldn't ordinarily see in a doctors office. Hospitals are
primarily intended where you have beds licensed by the state for care over a period of time where
clinics are intended for patients to come in without an inpatient type setting. He said that as these
projects come in staff will review them and make recommendations to the Commission.
Commissioner Lambert said that at this point the wording is for clinics.
Mr. Thistlethwaite said yes and that he would construe that to include offices as well.
Commissioner Lambert said that would not include a hospital.
Mr. Thistelthwaite said that isnot part of the amendment today.
Chairman Nelson spoke of veterinary clinics calling themselves hospitals.
Mr. Thistlethwaite said he was sticking with humans and that state requirements would be different
for humans than animals.
r ^: ____ ■BUTTE COUNTY PLANNING COMMISSION■MINUTES OCTOBER_26,2006_
■PAGE 9 ■
DRAFT
Commissioner Lambert was concerned about how large the facility is and should they define the size.
Mr.Thistlethwaite said that is why it is a conditional use in the zone because the Commission needs
to review these individually and then determine compatibility.
Commissioner Leland said that since it would be subject to a Use Permit that the language could be
broadened. He thought that the word clinic meant anything that involved the treatment of patients.
He asked what language is used in the authorization text for the Residential zones. He thinks they
should use the same terminology.
Commissioner Lambert agreed they should be consistant.
Ms.Jolliffe said that all the R zones allow as conditionally permitted uses medical and dental clinics
and offices. Which may be the preferred language for the Commission to use.
Commissioner Leland said they would have the benefit of being consistant.
The hearing was opened to the public.
The hearing was closed and comments confined to the Commission and staff.
It was moved by Commisioner Marin,seconded by Commissioner Wilson,and unanimously carried
to adopt Resolution PC 06-50 approving ZCA 05-05 Butte County Board of Supervisors subject to
the findings and conditions and the changes to the executive summary language 3rd line adding
"conditionally allow medical and dental clinics and offices"with the recommendation to send to the
Board of Supervisors for a Zoning Code Amendment.
There is a 10-day appeal period on decisions with the Clerk of the Board
BUTTE COUNTY PLANNING COMMISSION MINUTES OCTOBER 26,2006
■PAGE 10■
Page 1 of 1
Michelena, Mark
From: Reeves, Marion
Sent: Tuesday, October 03, 2006 3:25 PM
To: Michelena, Mark
Subject: RE: Zoning Code Amendment-Medical and Dental Clinics
Hi Mark
Here's the info
0503-012 Changes to Permitted Uses in Agricultural Residential (AR) Zoned
Areas - discussion regarding a possible change to Section 24-05 "AR
Through AR-10 (Agricultural Residential) Zones" of the Butte County
Zoning Ordinance to allow construction of neighborhood dental and
medical clinics in areas to better serve residents in a style and
manner conducive to a residential area - action requested - DISCUSS
AND PROVIDE DIRECTION .STAFF.. . (**3123) (***00)
MOTION: I MOVE TO DIRECT STAFF TO PROCEED WITH AMENDING THE AR ZONE TO
CONSIDER SMALL MEDICAL (AND DENTAL) CLINICS UNDER USES REQUIRING A
USE PERMIT.
M S
VOTE: 1 Y 2 Y 3 Y.4 Y 5 Y . (Unanimously Carried)
From: Michelena, Mark
Sent: Tuesday, October 03, 2006 2:28 PM
To: Reeves, Marion
Subject: Zoning Code Amendment- Medical and Dental Clinics
Marion,
Good afternoon. I was wondering what the official action taken by the Board (January/February 2005) regarding
initiating the zoning code amendment to add medical and dental clinics to the Agricultural Residential zone. Did is
specifically state the AR zone?
Thank you.
Mark Michelena
Department of Development Services
Planning Division
10/3/2006
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT—OCTOBER 26,2006
Applicant: County of Butte Location: County-wide
File#: ZCA 05-05 Parcel Size: N/A
Request: A Zoning Code Amendment to Supervisor 1-5
Butte County Code Section 24- Districts:
95 (Agricultural Residential) to
allow medical and dental
clinics within the AR through
AR-10 Zoning Districts.
G.P.: Various Planner: Mark Michelena
Zoning: AR through AR-10 Attachments:
A: Resolution recommending
approval
Zone Date: N/A B: Minute Order from Board of
Supervisors (0503-012)
C: Draft Ordinance
EXECUTIVE SUMMARY:
The Department of Development Services was directed by the Board of Supervisors to process a
Zoning Code Amendment to Butte County Code Section 24-95 (Agricultural Residential) to
allow medical and dental clinics within the AR through AR-10 Zoning Districts. Staff
recommends that the Planning Commission adopt the attached resolution recommending
approval of Zoning Code Amendment 05-05 per the draft ordinance (Attachment A).
i
PROJECT DESCRIPTION:
A Zoning Code Amendment to Butte County Code Section 24-95 (Agricultural Residential) to
allow medical and dental clinics within the AR through AR-10 Zoning Districts.
GENERAL PLAN ANALYSIS:
The proposed amendment is consistent with the following Land Use Element programs and
polices:
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 1 of 6■
3.3 Commercial Uses
Small businesses in the home can provide self-employment and a degree of financial
independence for the residents. Similarly, offices and commercial uses in residential
areas can sometimes provide convenient service to area residents. Some offices and
services can be compatible with residential uses if sufficient limitations and conditions
are places on the business activities.
3.3.a. Allow home occupations and compatible types of commercial uses were
approved of in residential areas. (Grammar remains as adopted.)
Medical and dental clinics will provide necessary health services as well as "convenient
service to area residents. " The requirement to obtain a use permit to establish medical
and dental clinics will ensure "sufficient limitations and conditions are placed on the
business activities"so that clinics are compatible with surrounding residential uses.
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.
Medical and dental clinics provide necessary public health services. Allowing them to
locate in the AR zone, with the issuance of a use permit, provides an opportunity to
designate additional land for necessary public health services in or near the residential
markets they serve.
PROJECT ANALYSIS:
• Medical and dental clinics are conditionally permitted uses in the R-1, R-2, R-3, and R-4
zoning districts. Medical and dental clinics are permitted uses in commercial zoning
districts. Substantial residential populations exist outside the R-1 to R-4 and commercial
zoning districts, especially outside the larger urbanized communities.
• The AR zones currently allow the development of single-family homes and accessory
facilities as permitted uses. With the issuance of a use permit, the AR zones currently allow
duplexes, golf courses, country clubs, commercial poultry farming and livestock farming,
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■ Page 2 of 6■
plant nurseries, veterinary clinics, kennels, public and quasi-public uses and mobile home
parks.
• Quasi-public uses (conditionally-permitted in the AR zone) are defined in section 24-305.450
as "A use operated by a private nonprofit educational, religious, recreational, charitable,
fraternal, or medical institution, association or organization, said use having the purpose
primarily if serving the general public, and including, but not limited to, such uses as
churches, private schools, universities, community youth and senior citizen recreational
facilities, meeting halls, private hospitals, public utility facilities unless preempted from local
review by state or federal regulations, private schools, daycare centers, fraternities, sororities,
and the like."
• Veterinary clinics and private hospitals (conditionally-permitted uses) and medical and dental
clinics (proposed conditionally-permitted uses) are quite similar from a land use planning
perspective and are likely to generate similar environmental effects.
• The ability to locate medical and dental clinics near, or adjacent to, residences will provide a
necessary service to local residents.
• Medical and dental clinics are desirable in the Agricultural-Residential zoning district to
provide health services to residential areas not located in proximity to office/commercial
areas or R-1 to R-4 zoning districts.
• If proposed Zoning Code Amendment ZCA 05-05 is approved, the Planning Commission
would be responsible for approving, conditionally approving, or denying future use permit
applications for medical and dental clinics in the AR 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 Zoning Code Amendment ZCA 05-05 qualifies as exempt from the California
Environmental Quality Act(CEQA) for either of the two following reasons:
1) No construction is being permitted by proposed Zoning Code Amendment ZCA 05-05.
Future medical and dental clinics will require a conditional use permit and associated
environmental review. The requirement for medical and dental clinics to obtain a use permit
prior to construction would ensure that proposed Zoning Code Amendment ZCA 05-05 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
■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■ Page 3 of 6■
no possibility that proposed Zoning Code Amendment ZCA 05-05 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.
2) Medical or dental clinics are quite similar to uses already allowed with a use permit in the AR
zones including private hospitals and veterinary clinics. Section 24.65 of the Butte County Code
states " 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." The director of development services has found
medical and dental clinics to be substantially similar to other conditionally permitted uses in the
AR zone. Therefore, medical and dental clinics are already a conditionally permitted use in the
AR zone even without proposed Zoning Code Amendment ZCA 05-05 .
i
i
I
i
I
.BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 4 of 6■
r •
RESOLUTION -
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL OF REZONE 05-05
WHEREAS, the Planning Commission has considered Rezone 05-05 for the Department
of Development Services in accordance with Chapter 24, Zoning, of the Butte County Code, to
allow as conditionally permit uses, medical and dental clinics in the Agricultural Residential
zones; 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 October 26, 2006; 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:
I. 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 Zoning Code Amendment ZCA
05-05. Future medical and dental clinics will require a conditional use permit and
associated environmental review. The requirement for medical and dental clinics to
obtain a use permit prior to construction would ensure that proposed Zoning Code
Amendment ZCA 05-05 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 Zoning Code
Amendment ZCA 05-05 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.
B. Medical or dental clinics are quite similar to uses already allowed with a use
permit in the AR zones including private hospitals and veterinary clinics. Section 24.65
of the Butte County Code states " 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."
The director of development services has found medical and dental clinics to be
substantially similar to other conditionally permitted uses in the AR zone. Therefore,
.BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■ Page 5 of 6■
medical and dental clinics are already a conditionally permitted use in the AR zone even
without proposed Zoning Code Amendment ZCA 05-05 .
II. Recommends that the Board of Supervisors approve Zoning Code Amendment ZCA 05-
05 to allow medical and dental clinics as conditionally permitted uses in the A-R
(Agricultural Residential) zone subject to the following findings:
A. The proposed zoning code amendment is consistent with the Butte County
General Plan Goals and Policies, Land Use Element Policy 3.3 because medical
and dental clinics will provide necessary health services as well as "convenient
service to area residents." The requirement to obtain a use permit to establish
medical and dental clinics will ensure "sufficient limitations and conditions are
places on the business activities" so that clinics are compatible with surrounding
residential uses.
B. The proposed zoning code amendment is consistent with the Butte County
General Plan Goals and Policies, Land Use Element Policy 4.3 because allowing
medical and dental clinics to locate in the AR zone, with the issuance of a use
permit, provides an opportunity to designate additional land for necessary public
health services in or near the residential markets they serve.
C. Medical and dental clinics are desirable in the Agricultural-Residential zoning
district to provide health services to residential areas not located in proximity to
office/commercial areas or R-1 to R-4 zoning districts.
DULY PASSED AND ADOPTED this 26th day of October, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chuck Nelson- Chairman
Planning Commission
County of Butte, State of California
I
ATTEST:
LYNN RICHARDSON, Secretary
Planning Commission
County of Butte, State of California
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■Page 6 of 6■
DRAFT*
1 Ordinance No.
2 ZONING CODE AMENDMENT 05-05: ORDINANCE AMENDING SECTION
3 24-95 REGARDING CONDITIONALLY PERMITTED USES IN CHAPTER 24,
4 ENTITLED "ZONING", OF THE BUTTE COUNTY CODE
5
6 The Board of Supervisors of the County of Butte
ordains as follows :
7
Section 1 . Section 24-95 of Chapter 24 of the
8 Butte County Code is amended to read as follows :
9
The following permitted uses, uses requiring a use
10 permit, and administrative uses shall apply to all
zones AR through AR-10 . Uses that are unique to a
11 particular zone and site requirements for each zone
12 will be listed separately.
(a) Uses permitted:
13 (1) One (1) single-family dwelling or modular home per
parcel .
14 (2) The use of a single-family residence as a small
family day care home, licensed family care home, foster
15 home, or group home for mentally disordered or
16 otherwise handicapped persons or neglected children.
Said homes shall serve six (6) or fewer persons and
17 shall be subject to all applicable state regulations
and limitations .
18 (b) Accessory uses :
19 (1) Those uses and structures normally associated with
a single-family residential use and are in conjunction
20 with or incidental to the residential use, including
but not limited to a garage, workshop, shed, garden,
21 private swimming pool, private tennis court, gazebo,
spa, etc .
22 (2) A guest house as defined by section 24-305 . 175 of
23 the Butte County Code.
(3) Second dwelling unit subject to the requirements of
24 section 24-280 .
(4) Agricultural uses, including the keeping of
25 animals, subject to the animal maintenance requirements
of sections 24-255 . 1 through 24-255 . 15, inclusive, of
26 this Code.
27 (c) Uses requiring use permits . The following uses are
permitted subject to a use permit:
i
•
1 (1) Duplex dwellings, multiple residences, and
multiple-family dwellings subject to the density
2 allowed by the general plan, and bed and breakfast
inns .
3 (2) Golf courses and country clubs, including but not
limited to accessory uses such as driving range, pro
4 shop, cocktail bar, restaurant.
5 (3) Public and quasi-public uses .
(4) Commercial poultry farming and livestock farming,
6 nurseries and plant gardens .
(5) Veterinary clinics, kennels .
7 (6) Medical and Dental Clinics
(67) Sales tract office.
8 (7-8) Mobile home parks subject to the density of the
9 general plan in the AR, AR-1/2, and AR-1 zones only.
(d) Uses requiring a minor use permit . The following
10 uses may be permitted subject to the requirements of
section 24-41 :
11 (1) Large family day care facilities subject to the
requirements of section 24-265 .
12 (2) Bed and breakfast home.
13 (e) Uses requiring an administrative permit . The
following uses may be permitted subject to the
14 requirements of section 24-40 :
(1) Home occupations subject to the requirements of
15 section 24-270 .
16 (2) Temporary uses as listed in section 24-300 .
(3) A temporary mobile home subject to the requirements
17 of sections 24-295 and 24-295 . 10 .
18
19 Front Side Rear
Zone Lot Lot Yard Yard Yard
20 District Area Width Setback Setback Setback
AR See 65' 20' * 5' 5'
21 section,,
22
AR-� 5 acre 65 20 * 5' 5'
23 AR-1 1 acre 130' 20' * 10' 1 10'
24 AR-2 . 52 . 5 130'
25 acres
AR-5 5 acres 130' 20' *
26 r'_7[ acres
1027
2
* Minimum front yard setback shall be twenty (20) feet
1 from the edge of the ultimate right-of-way from all
2 public or private roads except where the road is
classified as a federal aid road, in which case the
3 setback shall be twenty-five (25) feet from the edge of
the ultimate right-of-way.
4
5 Section 2 . . Severability. If any provision of this
6 Ordinance or the application thereof to any person or
7 circumstances is for any reason held to be invalid by a
8 court of competent jurisdiction, such provision shall be
9 deemed severable, and the invalidity thereof shall not
10
affect the remaining provisions or other applications of the
11
Ordinance which can be given effect without the invalid
12
provision or application thereof .
13
14 Section 3 . Effective Date and Publication. This
15 - Ordinance shall take effect thirty (30) days after. the date
16 of its passage . The Clerk of, the Board of Supervisors is
17
authorized and directed to publish 'this ordinance before
18
the expiration of fifteen (15) days after its passage . This
19
Ordinance shall be published once, with the names of the
20
members of the Board of Supervisors voting for and against
21
22 it, in the Chico Enterprise Record, a newspaper of general
23 circulation published in the County of Butte, State of
24 California.
25 PASSED AND ADOPTED by the Board of Supervisors of the County
26 of Butte, State of California, on the day of
27 2006, by the following vote:
3
1
2 YES :
3 NOES:
4 ABSENT:
5
NOT VOTING:
6.
7
Curt Josiassen, Chair of the
8 Butte County Board of
9 Supervisors
10 ATTEST: PAUL McINTOSH, Chief Administrative
11 Officer and Clerk of the Board
12 By
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
4
Page 1 of 1
Michelena, Mark
From: Reeves, Marion
Sent: Tuesday, October 03, 2006 3:25 PM
To: Michelena, Mark
Subject: RE: Zoning Code Amendment-Medical and Dental Clinics
Hi Mark
Here's the info
0503-012 Changes to Permitted Uses in Agricultural Residential (AR) Zoned
Areas - discussion regarding a possible change to Section 24-05 "AR
Through AR-10 (Agricultural Residential) Zones" of the Butte County
Zoning Ordinance to allow construction of neighborhood dental and
medical clinics in areas to better serve residents in a style and
manner conducive to a residential area - action requested - DISCUSS
AND PROVIDE DIRECTION STAFF. (**3123) (***00)
MOTION: I MOVE TO DIRECT STAFF TO PROCEED WITH AMENDING THE AR ZONE TO
CONSIDER SMALL MEDICAL (AND DENTAL) CLINICS UNDER USES REQUIRING A
USE PERMIT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y. 5 Y (Unanimously Carried)
From: Michelena, Mark
Sent: Tuesday, October 03, 2006 2:28 PM
To: Reeves, Marion
Subject: Zoning Code Amendment- Medical and Dental Clinics
Marion,
Good afternoon. I was wondering what the official action taken by the Board (January/February 2005) regarding
initiating the zoning code amendment to add medical and dental clinics to the Agricultural Residential zone. Did is
specifically state the AR zone?
Thank you.
Mark Michelena
Department of Development Services
Planning Division
10/3/2006
10/11/06 09:52 FAX 530 891 0 9204 CHICO ENTERPRISE-RECORD0 lao01
1
A
'AL C0RREC1(Vt7,"!'.:.
--LL -qQ6-7790 PROOF
(DR FAX TO 891-9204
OR AD WILL RUN AS
C
(TM) Public Hearing H20 ENTERPR.ISE-R BC Planning 3x6 10-12-Composite
BUTTE COUNTY PLANNING COMMISSION
NOTICE OF A PUBLIC HEARING
Notice is hereby given by the Butte County Planning Commission that a public hearing is published
for Tuesday, October 26, 2006, in the Butte County Board of supervisors' Room, County
Administration Center, 25 County Center Drive, Oroville, California, regarding the following item,
ITEM DETERMINED TO BE GENERRULE EXEMPTION
FROM ENVIRONMENTAL REVIEW
Name, County of Butte Project: Zoning Code Amendment, ZCA 05-05
Planner: Stacey Jolliff e
Location: County-wide
Proposal: Zoning Code Amendment to Section 24-95 of the Butte County Code to conditionally
change the permitted uses in the AR zones to allow construction of neighborhood dental and medi-
cal clinics with the issuance of a Use Permit to better serve residential areas.
The above-mentioned application is on file and available for public viewing at the office of the Butte
County Development Services Department, Planning Division, 7 County Center Drive, Oroville,
California. For information-call: Stacey Jolliffe, (530) 538-6573, (Monday through Friday, 7:30
a.m.to 4:30 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally
at the meeting listed above or as may be continued to a later date-After recommendation by the
Planning Commission the project will be forwarded to the Clerk of the Board of Supervisors for
action. If you challenge the above application in court,you may be limited to raising only those
issues you or someone else raised at the public hearing(s) or in written correspondence delivered
prior to,the public hearing(s).
BUTTE COUNTY PLANNING COMMISSION
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES
BUTTE COUNTY PLANNING COMMISSION
NOTICE OF A PUBLIC HEARING
Notice is hereby given by the Butte County Planning Commission that a public hearing is published
for Thursday, October 26, 2006, in the Butte County Board of Supervisors' Room, County
Administration Center,25 County Center Drive,Oroville,California,regarding the following item:
ITEM DETERMINED TO BE A GENERAL RULE EXEMPTION
FROM ENVIRONMENTAL REVIEW
Name: County of Butte Project: Zoning Code Amendment, ZCA 05-05
Planner: Stacey Jolliffe
Location: County-wide
Proposal: Zoning Code Amendment to Section 24-95 of the Butte County Code to conditionally
change the permitted uses in the AR zones to allow construction of neighborhood dental and medical
clinics with the issuance of a Use Permit to better serve a residential areas.
The above-mentioned application is on file and available for public viewing at the office of the Butte
County Development Services Department, Planning Division, 7 County Center Drive, Oroville,
California. For information call: Stacey Jolliffe, (530) 538-6573, (Monday through Friday, 7:30
a.m. to 4:30 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally
at the meeting listed above or as may be continued to a later date. After recommendation by the
Planning Commission the project will be forwarded to the Clerk of the Board of Supervisors for
action. If you challenge the above application in court, you may be limited to raising only those
issues you or someone else raised at public hearing(s) or in written correspondence delivered prior
to, the public hearing(s).
BUTTE COUNTY PLANNING COMMISSION
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES
To be published in the 1/8 page display add all papers.
Chico Enterprise Record/Mercury Register, and Paradise Post, Thursday, October 12, 2006.
Gridley Herald Friday, October 13, 2006.
Butte County Department of Development Servicesv
o� TrFo
TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR
0 0
7 County Center Drive ° _ °
Oroville, CA 95965 0 - —� `o
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
ADMINISTRATION " BUILDING" PLANNING
Date: October 5, 2006
To: Felix Wannenmacher, Deputy County Counsel
Subject: 10 Day review of the Agenda Report for Zoning Code Amendment
(ZCA 05-05)
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 10
days, ending October 16, 2006.
If you have any questions regarding the enclosed agenda report and attachments, please
contact either Mark Michelena(by 10/12/06) at 530-538-7376 or by email at
mmichelena@buttecounty.net, or Stacey Joliffe (after 10/12/06) 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
Butte County Department of Development Services �QTTF
TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0
0 0
7 County Center Drive o 0
Oroville, CA 95965
(530)538-7601 Telephone
(530)538-7785 Facsimile c�UNt
ADMINISTRATION * BUILDING* PLANNING
Date: October 5, 2006
To: Responsible and Trustee Agencies
Subject: 10 Day review of the Agenda Report for Zoning Code Amendment
(ZCA 05-05)
i
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 10
days, ending October 16, 2006.
If you have any questions regarding the enclosed agenda report and attachments, please
contact either Mark Michelena(by 10/12/06) at 530-538-7376 or by email at
mmichelena@buttecounty.net, or Stacey Joliffe (after 10/12/06) 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,
i
Mark Michelena
Senior Planner
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT—OCTOBER 26,2006
Applicant: County of Butte Location: County-wide
File#: ZCA 05-05 Parcel Size: N/A
Request: A Zoning Code Amendment to Supervisor 1-5
Butte County Code Section 24- Districts:
95 (Agricultural Residential) to
allow neighborhood dental and
medical clinics within the AR
through AR-10 Zoning
Districts.
G.P.: Various Planner: Mark Michelena
Zoning: AR through AR-10 Attachments:
A: Resolution recommending
approval
Zone Date: N/A B: Draft Ordinance
EXECUTIVE SUMMARY: ,. !n ✓
The Department of Development Services was directed by the Board'of�Superviso"rs to process a _
Zoning Code Amendment to Butte County Code Section 24-95 (Agricultural Residential) to
allow neighborhood dental and medical clinics within the AR through AR-10 Zoning Districts.
Staff recommends that the Planning Commission adopt the attached resolution recommending
approval of Zoning Code Amendment 05-05 per the draft ordinance (Attachment A).
PROJECT DESCRIPTION:
A Zoning Code Amendment to Butte County Code Section 24-95 (Agricultural Residential) to
allow neighborhood dental and medical clinics within the AR through AR-10 Zoning Districts.
ANALYSIS:
• The AR zones currently allow the development of single-family homes and accessory
facilities as permitted uses. With the issuance of a use permit, the AR zones currently allow
duplexes, golf courses, country clubs; commercial poultry farming and livestock farming,
plant nurseries, veterinary clinics, kennels, public and quasi-public uses and mobile home
parks.
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■Page 1 of 4■
< S
• r�_4'V e inary clinics and private hospitals (conditionally-permitted uses) and medical and dental
" clinics(proposed conditionally-permitted uses) are quite similar from a land use planning
perspective and are likely to generate similar environmental effects.
• The ability to locate medical and der ntal_clinics-near,—ar-adj"acernf o rest entla- provide a .
necessary service to local reside ts. r �,.•' y���i
• Medical and dental facilities azeeessay to pp e 'dentialYazea of located
in proximity to office/commerci 1 areas.
• The proposed amendment is consistent with the following Land Use Element's programs and
polices:
3.3 Commercial Uses
Offices and commercial uses in residential areas can sometime provide convenient
services to area residents.
3.3.a. Allow home occupations and compatible types of commercial uses were
approved of in residential areas.
3.4 Commercial Services
The purpose and function of commercial facilities relate directly to the marked demand
for such services.
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...
4.4.d. Designate retail and service commercial areas in close proximity to
residential development.
ENVIRONMENTAL REVIEW:
The requirement for medical and dental clinics to obtain a use permit prior to construction would
ensure that the ZCA would not have the potential for causing a significant effect on the
environment. No construction of dental or medical clinics would result from the ZCA; a use
permit would be necessary prior to construction. Therefore, it can be seen with certainty, due the
need for a use permit and related environmental review, that there is no possibility that the ZCA
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■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■Page 2 of 4.
4
RESOLUTION -
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL OF REZONE 05-05
WHEREAS, the Planning Commission has considered Rezone 05-05 for the Department
of Development Services in accordance Chapter 24, Zoning, of the Butte County Code, to allow
as conditionally permit uses, medical and dental inics in the Agricultural Residential zones; and
WHEREAS, the Planning Commis ob nd the project exempt from the California
Environmental Quality Act under the,,Gen"ral e exemption Section 15061(b)(3); and
0, Aia,a*
WHEREAS, a jublic-hearing was held on October 26, 2006; and
WHEREAS, the Planning Commission has considereublic comments and a ort
from the Planning Division:
NOW THE REF E IT RESOLVED, that the Planning Commission:
'1
I. Reco enc at the Board of Supervisors find the project exempt from aliform
Enviro al Quality Act under the General Rule exemption Section 15061(b)
II. Recommend that the Board of Supervisors approve Zoning Code Amendment 05-05 to
allow medical and dental clinics as conditionally permitted uses in the A-R. (Agricultural
Residential) subject to the following findings:
A. The proposed zoning code amendment is consistent with the Butte County
General Plan Goals and Policies,particularly Land Use Element Policies:
3.3 Offices and commercial uses in residential area can sometimes provide
convenient service to area residents. Some offices and services can be
compatible with residential uses if sufficient limitations and conditions are
places on the business activity.
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...
4.3.d. Designate retail and service commercial areas in close proximity to
residential development.
1 J
"T 114■BUT COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■Page 3 of 4■ ��
��
����Iry —.Je� �Av'� •. b
1
1 •
The P gi nning Cho ay c�o se to add or dele enera Plan polici s
from phis list aloe with any su lemen al comments pertaining to the d�al
and dental C 4'*c compatibilitryy ue.
B. PI n ommi ion ents-and Reco dations
DULY PASSED AND ADOPTED this 26' day of October, 2006, by the following vote:
AYES: Commissioners
NOES:
ABSENT:
ABSTAIN:
Chuck Nelson- Chairman
Planning Commission
County of Butte, State of California
i
ATTEST:
LYNN RICHARDSON, Secretary
Planning Commission
County of Butte, State of California
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■ Page 4 of 4■
I
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT-OCTOBER 26,2006
Applicant: County of Butte Location: County-wide
File#: ZCA 05-05 Parcel Size: N/A
Request: A Zoning Code Amendment to Supervisor 1-5
Butte County Code Section 24- Districts:
95 (Agricultural Residential) to
allow neighborhood dental and
medical clinics within the AR
through AR-10 Zoning
Districts. l'
G.P.: Various Planner: Mark Michelena '
Zoning: AR through AR-10 Attachments:
ti
Draft Ordinance
Zone Date: N/A
EXECUTIVE SUMMARY:
The Department of Development Services was directed by tl3/Boardf Supervisors to process a
Zoning Code Amendment to Butte County Code Sectio, '24-9 -( gricultural Residential) to
allow neighborhood dental and medical clinics within t e AR �r � AR-10 Zoning Districts.
Staff recommends that the Planning Commission recd i "ends, proval of Zoning Code
Amendment 05-05 per the draft ordinance (Attachment A).
PROJECT DESCRIPTION:
A Zoning Code Amendment to Butte County Code Section 24-95 (Agricultural Residential) to
allow neighborhood dental and medical clinics within the AR through AR-10 Zoning Districts.
ANALYSIS:
• The AR zones currently allow the development of single-family homes and accessory
facilities as permitted uses. With the issuance of a use permit, the AR zones currently allow
duplexes, golf courses, country clubs, commercial poultry fanning and livestock farming,
plant nurseries, veterinary clinics, kennels, public and quasi-public uses and mobile home
parks.
• Veterinary clinics and private hospitals (conditionally-permitted uses) and medical and dental
clinics (proposed conditionally-permitted uses) are quite similar from a land use planning
perspective and are likely to generate similar environmental effects.
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 1 of 3 ■
• The ability to locate medical and dental clinics near, or adjacent to, residential will provide a
necessary service to local residents.
• The proposed amendment is consistent with the following Land Use Element's programs and
polices:
3.3 Commercial Uses
Offices and commercial uses in residential areas can sometime provide convenient
services to area residents.
3.3.a. Allow home occupations and compatible types of commercial uses were
approved of in residential areas.
3.4 Commercial Services
The purpose and function of commercial facilities r lateXdir ctly to the marked demand
for such services.
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...
4.4.d. Designate retail and service commercial areas in close proximity to
residential development.
ENVIRONMENTAL REVIEW:
The requirement for medical and dental clinics to obtain a use permit prior to construction would
ensure that the ZCA would not have the potential for causing a significant effect on the
environment. No construction of dental or medical clinics would.result from the ZCA; a use
permit would be necessary prior to construction. Therefore, it can be seen with certainty, due the
need for a use permit and related environmental review, that there is no possibility that the ZCA
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.
if
■ BUTTE JOUNTY PLANN17G COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■Page 2 of 3 ■
ACTI�NFOR C0NSID�ET-1 OX—
Staff recommends that the Planning Commission take the following actions:
I. Recommend that the Board of Supervisors find the project exempt from the California
Environmental Quality Act under the General Rule exemption Section 15061(b)(3).
H. Recommend that the Board of Supervisors approve Zoning Code Amendment 05-05 to
allow medical and dental clinics as conditionally permitted uses in the A-R (Agricultural
Residential) subject to the following findings:
A. The proposed zoning codeen ent is consistent with the Butte County
General Plan Goals and Polic es*, .articularly Land Use Element Policies:
3.3 Offices and commercial uses in residential area can sometimes provide
convenient service to area residents. Some offices and services can be
compatible with residential uses if sufficient limitations and conditions are
places on the business activity.
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...
4.3.d. Designate retail and service commercial areas in close proximity to
residential development.
*The Planning Commission may choose to add or delete General Plan policies
from this list along with any supplemental comments pertaining to the medical
and dental clinics compatibility issue.
B. Planning Commission Comments and Recommendations
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■ October 26,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 3 of 3 ■
i
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BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA REPORT—NOVEMBER 21,2006
Applicant: County of Butte Location: County-wide
File#: ZCA 05-05 Parcel Size: N/A
Request: Zoning Code Amendment to Supervisor 1-5
Section 24-95 of the Butte Districts:
County Code to allow medical
and dental clinics and offices
as conditional uses in the AR'
(Agricultural Residential)
zones with the issuance of a
Use Permit
G.P.: Various Planner: Mark Michelena
Zoning: AR through AR-10 Attachments:
A: t Ordinance
Zone Date: N/A B: Planning Commission
Agenda Report/Minutes of
October 26, 2006
C: Minu or er from Board of
Supervisors (0503-012)
EXECUTIVE SUMMARY:
The Department of Development Services was directed by the Board of Supervisors to process a
�,. Zoning Code Amendment to Butte County Code Section 24-95 (Agricultural Residential) to
��d ail allow neighborhood dental and medical clinics within the AR through AR-10 Zoning Districts.
The Zoning Code Amendment was presented to the Planning Commission on October 26, 2006,
and the Planning Commission recommends that the Board of Supervisors approve Zoning Code
Amendment 05-05, per the ordinance (Attachment A).
l/ N..\ o
PLANNING COMMISSION COM ENTS AND RECOMMENDATIONS
ct,fi'
Attachment B includes the Planning Commission Agenda Report and inutes ofl the October 26,
2006 meeting. The Planning Commission recommended one modification to the proposed
zoning code amendment:
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■ BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT■
■November 21,2006 ■ Zoning Ordinance Amendment-ZCA 05-05 ■ Page 1 of 3 ■
• To allow medical and dental clinics and offices as conditional uses in the AR
(Agricultural Residential zones with the issuance of a Use Permit(allow medical and
dental,elinics and offices ?
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ACTION FOR CONSIDERATION:
The Planning Co ssio7recoMmM nd hat the Board of Supervisors take the
following action:
The Board of Supervisors, following public hearing and discussion, adopts the following
findings with regard to the proposed ordinance amendment to allow medical dental and dental
clinic and offices as conditional uses in the AR (Agricultural Residential) zones with the
issuance of a Use Permit:
I. The Zoning Code Amendment has been the subject of staff study and public comment,
and has been prepared for the purpose of-allowing medical and dental clinics and offices
as conditional-uses IL,_ �� n�5.
H. The Board of SupervisorsnA e%project exempt from the California Environmental
Quality Act under the Generali idle exemption Section 15061(b)(3).
III. The Board of Supervisors�appr ve ning Code Amendment 05-05 to allow medical and
dental clinics and offices as nditionally permitted uses in the A-R (Agricultural
Residential) zone the following findings:
A. The proposed zoning code amendment is consistent with the Butte County
General Plan Goals and Policies,particularly Land Use Element Policies:
3.3 Small businesses in the home can provide self-employment and a degree
of financial independence for the residents. Similarly, offices and
commercial uses in residential areas can sometimes provide convenient
service to area residents. Some offices and services can be compatible
with residential uses if sufficient limitations and conditions are places on
the business activities.
3.3.a. Allow home occupations and compatible types of commercial uses
were approved of in residential areas.
4.3 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.
■ BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT■
■November 21,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■ Page 2 of 3 ■
4.3.d. Designate retail and service commercial areas in close proximity to
residential development. vGc,
B. Medical and dental clinics,a"re desirable in the Agricultural-Residential zoning
district to provide health services to residential areas not located in proximity to
office/commercial areas__
■ BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT■
■November 21,2006 ■Zoning Ordinance Amendment-ZCA 05-05 ■ Page 3 of 3 ■
I Ordinance No.
2 ZONING CODE AMENDMENT 05-05: ORDINANCE AMENDING SECTION
3 24-95 REGARDING CONDITIONALLY PERMITTED USES IN CHAPTER 24,
4 ENTITLED "ZONING", OF THE BUTTE COUNTY CODE
5
6 The Board of Supervisors of the County of Butte
ordains as follows :
7
Section 1 . Section 24-95 of Chapter 24 of the
8 Butte County Code is amended to read as follows :
9
The following permitted uses, uses requiring a use
10 permit, and administrative uses shall apply to all
zones AR through AR-10 . Uses that are unique to a
11 particular zone and site requirements for each zone
12 will be listed separately.
(a) Uses permitted:
13 (1) One (1) single-family dwelling or modular home per
parcel .
14 (2) The use of a single-family residence as a small
family day care home, licensed family care home, foster
15 home, or group home for mentally disordered or
16 otherwise handicapped persons or neglected children.
Said homes shall serve six (6) or fewer persons and
17 shall be subject to all applicable state regulations
and limitations .
18 (b) Accessory uses :
19 (1) Those uses and structures normally associated with
a single-family residential use and are in conjunction
20 with or incidental to the residential use, including
but not limited to a garage, workshop, shed, garden,
21 private swimming pool, private tennis court, gazebo,
spa, etc .
22 (2) A guest house as defined by section 24-305 . 175 of
23 the Butte County Code.
(3) Second dwelling unit subject to the requirements of
24 section 24-280 .
(4) Agricultural uses, including the keeping of
25 animals, subject to the animal maintenance requirements
of sections 24-255 . 1 through 24-255 . 15, inclusive, of
26 this Code .
27 (c) Uses requiring use permits . The following uses are
permitted subject to a use permit:
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1 (1) Duplex dwellings, multiple residences, and
multiple-family dwellings subject to the density
2 allowed by the general plan, and bed and breakfast
inns .
3 (2) Golf courses and country clubs, including but not
limited to accessory uses such as driving range, pro
4 shop, cocktail bar, restaurant.
5 (3) Public and quasi-public uses .
(4) Commercial poultry farming and livestock farming,
6 nurseries and plant gardens .
(5) Veterinary clinics, kennels .
7 (6) Medical and Dental Clinics and offices
(67) Sales tract office.
8 (�8) Mobile home parks subject to the density of the
9 general plan in the AR, AR-1/2, and AR-1 zones only.
(d) Uses requiring a minor use permit. The following
10 uses may be permitted subject to the requirements of
section 24-41 :
11 (1) Large family day care facilities subject to the
requirements of section 24-265 .
12 (2) Bed and breakfast home .
13 (e) Uses requiring an administrative permit . The
following uses may be permitted subject to the
14 requirements of section 24-40 :
(1) Home occupations subject to the requirements of
15 section 24-270 .
16 (2) Temporary uses as listed in section 24-300 .
(3) A temporary mobile home subject to the requirements
17 of sections 24-295 and 24-295 . 10 .
18
Front iFSide Rear
19 Zone Lot Lot Yard aYard
20 District Area WidthSetback ; Setback
ARSee 65'
21 [section
22 _- 24-75 -
AR- _ acre ` 65' 20' *
23 BAR-1 - ' l�acre _ 130' 207* 10' 10'
24 AR-2 . 5 2 . 5 130' 201 * 10' 10'
25 acres
AR-5, W 5 acres 130' - 20' * 10' F 10'
26ff--
10 10 130' 201 * 10' 10'
27 ,� _ acres - - -
2
1 * Minimum front yard setback shall be twenty (20) feet
from the edge of the ultimate right-of-way from all
2 public or private roads except where the road is
classified as a federal aid road, in which case the
3 setback shall be twenty-five (25) feet from the edge of
the ultimate right-of-way.
4
5 Section 2 . Severability. If any provision of this
6 Ordinance or the application thereof to any person or
7 circumstances is for any reason held to be invalid by a
8 court of competent jurisdiction, such provision shall be
9 deemed severable, and the invalidity thereof shall not
10
affect the remaining provisions or other applications of the
11
Ordinance which can be given effect without the invalid
12
provision or application thereof .
13
14 Section 3 . Effective Date and Publication. This
15 Ordinance shall take effect thirty (3 0) days of ter, the date
- of its passage . The Clerk of the Board of Supervisors is
17
authorized and directed to publish this ordinance before
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the expiration of fifteen (15) days after its passage. This
19
Ordinance shall be published once, with the names of the
20
members of the Board of Supervisors voting for and against
21
22 it, in the Chico Enterprise Record, a newspaper of general
23 circulation published in the County of Butte, State of
24 California.
25 PASSED AND ADOPTED by the Board of Supervisors of the County
26 of Butte, State of California, on the day of
27 2006, by the following vote :
3
1
2 YES :
3 NOES :
4 ABSENT:
5
NOT VOTING:
6
7
Curt Josiassen, Chair of the
8 Butte County Board of
9 Supervisors
10 ATTEST: PAUL McINTOSH, Chief Administrative
11 Officer and Clerk of the Board
12 BY
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Michelena, Mark
From: Wannenmacher, Felix
Sent: Tuesday, October 10, 2006 4:43 PM
To: Michelena, Mark; Jolliffe, Stacey; Thistlethwaite, Charles; Calarco, Pete; Snellings, Tim
Cc: Alpert, Bruce; Miller, Gloria
Subject: Medical and Dental Clinic Amendment(ZCA 05-05) [A#06-390]
Hi Mark,
I have received the Medical and Dental Clinic Amendment Agenda Report.
I have the following comments.
the box on the first page under attachment B, you indicate the minute order is"dated February 8, 2005." Mine is not
dated. All it has is the number 0503-012.
� page two, second bullet, residential should be residences.
ird bullet, facilities should be clinics.
fifth bullet, policy 3.3 contains a typo (sometimes), and you are taking this one sentence out of context. The whole
paragraph talks about existing categories allowing for certain limited types of commercial use. How does this policy
support what you are doing?
Even under policy 3.3.a, how does the where approved of language mesh with adding a new use?
Policies 4.3, 4.3.b and 4.3.d [note that you have a typo on the last number which you list as 4.4.d], do not support adding a
new use. Allowing an additional use does not necessarily correlate to market demand. You are doing noting here to
coordinate commercial facilities with transportation, and you are not designating commercial area near to residential
development, but are allowing commercial facilities on residential parcels.
The only policy that may support adding a new use is 4.3.a. Still, given the context of the other policies, it probably means
encouraging appropriate commercial uses on various levels, not necessarily on residential parcels.
✓You indicate the Planning Commission may add or delete policies, but unless you direct them to additional policies, they
won't know about them.
[I will discuss CEQA below.]
In the resolution, there are several typos.
"e first whereas, add "with" before Chapter 24.
tfi ctions I and Il, change'recommend to recommends.
- h action II, add "zone" before subject.
I ction IIA, policy 3.3 has a second sentence, which it did not have in the text, and which is only part of the sentence
found in the general plan. Also, add an "s"to area and service in the first sentence.
I do not believe 4.3.b or 4.3.d apply to adding a use to a residential zone.
action IIB, change facilities to clinics. Also, you are making a finding specifically for A-R zones, but you do not support
"this finding in the text as to why A-R zones are different from the other residential zones so that you would include this use
in one but not the others. Does it also mean that if the A-R parcel is located in proximity to office/commercial areas, that
Ledical and dental clinics should not be allowed since they could be located in the office/commercial areas?
n the ordinance, section 1, you say you are amending 24-280, but that is the second dwelling unit ordinance. Instead, you
are amending 24-95.
In your CEQA discussion on page two, you base a general rule exemption on the fact that individual projects will require
use permits that would require CEQA analysis. In essence, your support for the general rule exemption is that you are
deferring CEQA until later projects. This is circular reasoning. Suddenly, you can justify deferring CEQA analysis because
of the general rule exemption, and the general rule exemption applies because you are deferring CEQA analysis. The
general rule exemption has noting to do with deferring CEQA analysis. If it did, any use could be added to any zone, as
long as a use permit were required, because subsequent CEQA analysis would be done for the individual project. Further,
any time there is the possibility of later CEQA analysis for anything, you could apply the general rule exemption. Surely,
you do not support such reasoning.
To support a general rule exemption, you need to support what you are doing. Here what you are doing is allowing an
additional use, medical and dental clinics, on certain property, not deferring CEQA analysis. You need to show that it can
be seen with certainty that there is no possibility that allowing medical and dental clinics in the A-R zone may have a
significant effect on the environment. The fact that individual projects will be subsequently evaluated under CEQA is
irrelevant. You need to state why this act, expanding allowed uses, falls under the general rule exemption. You do not do
so.
As an additional comment, the general rule exemption is different from categorical exemptions in that we have the burden
to support to a certainty that the exemption applies if anyone makes a reasonable argument that it may not apply. For a
categorical exemption, it is the other party's burden to show the project is not exempt. For the general rule exemption, we
must support our decision before anyone else has the burden to show it does not apply.
If you have any questions or wish to discuss any of the above comments, please let me know.
Felix
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