HomeMy WebLinkAbout039-530-015BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT — FEBRUARY 22, 2007
Baldwin Contracting
Applicant: Company (Rene
The Project is located on a
,
portion of the M&T Chico
Ranch, approximately 1.5
•
miles east of the Sacramento
of -
- .
• ,
miles southwest of the City of
Parcel Size:
Chico.
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT — FEBRUARY 22, 2007
Baldwin Contracting
Applicant: Company (Rene
The Project is located on a
Vercruyssen, representative)
portion of the M&T Chico
Ranch, approximately 1.5
Location:
miles east of the Sacramento
River, and approximately 5
Owner: Pacific Realty
miles southwest of the City of
Parcel Size:
Chico.
® Butte County Department of Development Services a Planning Division
®M & T Mine MIN 96-03 a Agenda Report ® February 22, 2007 a Page 1 of 3®
Lease Area: 627 acres
Project '-'-•ite: 235 acres
File #:
MIN 96-03
Parcel Size:
Mined Area: 193 acres
Equipment Area: 40 acres
Topsoil Stockpile: 2 acres
Certification of Environmental
Supervisor
Impact Report; adoption of a
District:
1
Mitigation and Monitoring
Program; approval of a Use
Permit and Reclamation Plan;
approval of Financial
Assurances Cost Estimate;
Request:
and adoption of Statement of
Pete Ca,arco
Overriding Considerations for
Assistant Director
a 193 -acre long-term off-
Planner:
Dan Breedon, AICP
channel mining operation to
Principal Planner
extract high quality
construction aggregate over
an estimated 20-30 year
period.
General Plan:
Orchard and Field Crops
Attachments:
Resolution Certifying the
A:
Final EIR, and Adopting
Mitigation Monitoring and
Reporting Program
A-40 (Agricultural, 40 acre
Resolut-on Approving Use
Zoning:
minimum parcel size)
Permit, Reclamation Plan
and Financial Assurances
B:
Cost Estimate, Adopting a
Statement of Overriding
Considerations, and
Approving Conditions of
Approval
APN:
039-530-015 & 018
® Butte County Department of Development Services a Planning Division
®M & T Mine MIN 96-03 a Agenda Report ® February 22, 2007 a Page 1 of 3®
ry'
RECOMMENDATION
Adopt the attached resolution (1) certifying the Final Environmertal Impact
Report (EIR) as consistent with the requirements of the California Environmental
Quality Act (CEQA) and (2) adopting a Mitigation Monitoring anc Reporting
Program.
2. Adopt the attached resolution'(1) approving the Mining Permit 96-03,
Reclamation Plan, and Financial Assurances Cost Estimate, (2) adopting a
Statement of Overriding Considerations, and (3) adopting Condiions of Approval.
SUMMARY
The Planning Commission has held public hearings to consider the application for the
M&T Chico Ranch Mine ("Project") on October 23, 2003, January 22, 2004, March 11,
2004, April 8, 2004, August 26, 2004, November 30, 2006, December 14, 2006, and
January 25, 2007. .
On January 25, 2007, the Planning Commission voted 3-2 to adopt a motion of intent to:
(1) adopt a resolution certifying the Final EIR and adopting the Mitigation Monitoring and
Reporting Program; and (2) adopt a resolution approving Mining Permit 96-03, the
Reclamation Plan, and the Financial Assurances Cost Estimate, adopting a Statement
of Overriding Considerations, and approving Conditions of Approval.
Staff requested a continuance to the February 22, 2007 hearing date to prepare the
necessary findings. Attachments A and B with exhibits are included at the direction of
the Planning Commission with the motion of intent from the January 25, 2007 hearing.
The Planning Commission's decision on the Final EIR and the project are subject to a
ten-day appeal period. The end of the appeal period is 5:00 p.m. on March 5, 2007 with
the Clerk of the Board at 25 County Center Drive, Oroville, CA 95965. Appeals are to
be filed in writing with a $50 appeal fee. If an appeal is filed, a public hearing will be
scheduled before the County Board of Supervisors.
ATTACHMENTS
Attachment A: Resolution Certifying the Final EIR, and adopting a Mitigation
Monitoring and Reporting Plan for the M&T Chico Ranch Mine.
❑ Exhibit 1 — Environmental Impacts/Findings o'; Fact (Table)
❑ Exhibit 2 — Mitigation Monitoring and Reporting Program
i Butte County Department of Development Services ■ Planning Division in
■ M &,T Mine MIN 96-03 e Agenda Report ■ February 22, 2007 ■ Page 2 of 3e
Attachment B: Resolution approving Mining Use Permit (MIN 96-G3), Reclamation
Plan, and Financial Assurances Cost Estimate, adopting a
Statement of Overriding Considerations, and apprcving Conditions
of Approval for the M&T Chico Ranch Mine.
❑ Exhibit 1 — Financial Assurances Cost Estimaie Worksheet.
o . Exhibit 2 — Statement of Overriding Considerations
o Exhibit 3 — Conditions of Approval
■ Butte County Department of Development Services ■ Planning Division
■ M & T Mine MIN 96-03 ■ Agenda Report ■ February 22, 2007 ■ Page 3 of 3 s
�r 1
Butte County'Departrnent of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
www.buttecounty.net/dds
www.buttegeneralplan.net
ADMINISTRATION " BUILDING * PLANNING
I. MEMORANDUM
TO: Butte County Planning Commission
FROM: Charles S. Thistlethwaite, AICP
Planning Manager
SUBJECT: RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT,
ADOPTING FINDINGS OF FACT, AND ADOPTING A INTIGATION
MONITORING AND REPORTING PROGRAM FOR THE M&T CHICO
RANCH MINE MINING USE PERMIT AND RECLAMATION PLAN (MIN
' 96-03)
DATE: February 16, 2007
Enclosed please find the Planning Commission resolution certifying the Final EIR for the M&T
Chico Ranch Mine Mining Use Permit and Reclamation Plan (MIN 96-03). This. should replace
the tab in your Planning Commission materials marked "Attachment A."
In addition, a page marked Table A listing sections of roads to be improved is enclosed and
should be added as the last page of the recommended conditions of approval for the Mining
Use Permit and Reclamation Plan. This should be the last page of Attachment B to the
Agenda Report for M&T Chico Ranch Mine project.
Thank you for your assistance.
BUTTE COUNTY PLANNING COMMISSION 'MINUTES
February 22, 2007
I. PLEDGE OF ALLEGIANCE
II. PRESENT: Commissioners Nelson, Marin, Wilson, Leland, and Chair
Lambert
ABSENT: None
ALSO PRESENT:
County Counsel Roger Wilson, Deputy County Counsel
Development.Services Pete Calarco, Assistant Director
Chuck Thistlethwaite Planning Ma_-iager,
Stacey Joliffe, Principal Planner, Current Planning
Meredith Williams, Associate Planner
Tina Bonham, Commission Clerk
Environmental Health Doug Fogel
Public Works Stuart Edell
Eric Schroth.
Agricultural Commission Richard Price
III. ACCEPTANCE OF AGENDA - Commission members and staff may request additions, deletions, or
changes in the Agenda order.
It was moved by Commissioner Leland, seconded by Commissioner Marin, and unanimously carried to
move the approval of the minutes to the beginning of the meeting.
IV. MINUTES -December 14, 2006
It was moved by Commissioner Leland, seconded by Commissioner Marin, and unanimously carried to
approve the December 14, 2006 minutes and transcripts from the company MOA Deposition Reporters.
V. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations
will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is
not listed on the Agenda)
None
VI. CONSENT AGENDA Consent items are set for approval in one motion. These items are considered non -controversial.. No
presentations will be made unless the item is pulled from the Consent Agenda for discussion. Any person may pull an item from the
consent agenda.
The Chair will ask if any Commissioner or member of the public wishes to pull a consent item for discussion.
A. Name: Amator Orchards Project: DET 06-0035
Planner: _Meredith_ Williams APN:. 040-060-073 Zoning: A-20 .
Item was pulled from the Consent Agenda for discussion per request fro ---n Chair Lambert. See "
VIII.•
■ BUTTE COUNTY PLANNING COMMISSION m AGENDA ■ FEBRUARY 22, 2007, sv PAGE 1 ■
t .
VII. ACTION ITEMS (NOT A PUBLIC HEARING).
MIN 96-03 Continued closed from January 25, 2007
Name: M&T Chico Ranch Mine Project: Final Environmental Impact Report
(FEIR) and Mitigation Monitoring Plan, Mining Permit and Reclamation Plan, MIN 96-
03).
Planner: Pete Calarco APN: 039-530-019, 039-530-02C
Location: 'On a portion of the M&T Chico Ranch approximately 1.5 miles east of the
Sacramento River and approximately 5-miles southwest of the City of Chico in an area
north of and adjacent to Ord Ferry Road, east of and partially adjacent to River Road.
Access to the site would be provided by River Road.
Proposal: The project consists of a long-term, off -channel gravel mining operation. The
mining would take place on 193-acres of a 235-acre site over a 20 to 30—year period.
Reclamation would occur incrementally and would consist of the creation of open-water.
wetland wildlife habitat and agricultural uses. The aggregate would be processed
(washed and screened) on a 40-acre area at the site.
An Environmental Impact Report is proposed for this project.
In accordance with the California Environmental Quality Act (CEQA), A forty-five (45)
day public review period for the DEIR was previously provided. This review period .
began on October 10, 2002, and ended November 25, 2002. The Planning Commission
had considered certification in 2003; however, an additional issue . regarding the
California Land Conservation Act (Williamson Act) needed to be addressed. As a result, .
the applicant filed a request for immediate cancellation from the Williamson Act contract
for a portion of the property.. The immediate cancellation request -Will be considered by
the Board of Supervisors at a later, date.
Mr. Pete Calarco gave a brief summary of project and the action the Commission is being asked to do He
indicated there are. two.Resolutions. The first is certifying the Environmental Lnpact Report and the
second is approving the Use Permit and adopting a statement of overriding consi3eration:
Commissioner Leland had a question on Attachment A, page 17, item 13. He ask -d what will happen if
the Williamson Act Contract is not cancelled by the Board of Supervisors.
Mr. Calarco said the Use Permit conditions of approval state that the Williamson Act Contract must be
cancelled or the Use Permit would not be approved.
It was moved by Commissioner Leland, seconded by Commissioner Marin, and approved by a vote of 3-
2:
Ayes: Commissioner Leland, Commissioner Marin, and Commissioner Wilson
Noes: Commissioner Nelson and Chair Lambert
Absent: None
Abstained: None
to adopt Resolution PC 07-06, Attachment A, certifying the Final Environmental Impact Report and
Mitigation. Monitoring Program and to adopt Resolution PC 07-07, Attachment B, the Use Permit.for
■ BUTTE COUNTY PLANNING CONMSSION eAGENDA a FEBRUARY 22, 2007, ■v PAGE 2 ■
M1N 96-03 with the reclamation plan and financial assurances cost estimate, and adopt the statement of
overriding consideration, subject to the findings and conditions.
There is a 10 -day appeal period on decisions with the Clerk of the Board which expires
on March 5, 2007.
VIII. ITEMS PULLED FROM THE CONSENT AGENDA.
Name: Amator Orchards Project: DET 06-0035
.Planner: Meredith Williams APN: 040-060-073 Zcning: A-20
Location: The parcel is located south of the Oro -Chico Highway, 0.80 miles south east
of the Midway and Oro -Chico Highway intersection, between tie City of Chico and
community,of Durham.
Proposal: A request by Amator Orchards for a Certificate of Com-3liance on this parcel,
on the south side of the Oro -Chico Highway, near Via Verde Road, zoned A-20. The
parcel is included in a proposed lot line adjustment through a sepa-ate application (LLA
06-26).
Chair Lambert asked about the deed and when it was made. She wants to know ifthey go back to when
the deed was created in 1977 or if they use what is current.
Ms. Meredith Williams gave a summary of the project. She was informed by Public Works. to use the
1977 deed.
Chair Lambert doesn't believe the property is 24.73 acres.
Ms. Williams said there is a concurrent project for a Lot Line Adjustment and in processing that project
staff realized that one of the parcels was not created in compliance with the Map A. -.t which triggered this
project.
Commissioner Nelson asked if that was why they see two APN's.
Sierra. West Surveying provided a map to the Commission.
Chair'Lambert said that normally they would go back to when the deed was created, but isn't sure which
date to use for this, project.
Commissioner Leland asked if it was 24.73 acres.
Ms. Williams said itis 13 acres.
Mr. Stu Edell said it was created in 1977. and that is why Public Works. is asking to use that date. The Lot
Line Adjustment project is to provide an easement.
Commissioner Marin asked if Mr. Edell could clear, up the confusion regarding acreage.
Mr. Edell said in 1977 a 13 -acre parcel was created. He said the action today is for the Commission to
determine that the parcel created in 1977 will be. legal, providing the applicant n_eets the conditions.
Ms. Stacey Jolliffe and Ms. Williams stated -the application showed 24.73 acres ,n error.
■ BUTTE COUNTY PLANNING CONMSSION a AGENDA ■ FEBRUARY 22, 2007, my PAGE 3 ■
Chair Lambert opened the public hearing.
No one was present to speak.
Chair Lambert closed the public hearing and confined comments to Commission and staff.
It was moved by Commissioner Leland, seconded by Commissioner Nelson, and unanimously carried to
adopt Resolution PC 07-08 approving OET06-0035 for Amator Orchards subject t7 the findings and the
conditions and changing the acreage from 24.73 acres to 13.53 acres.
There is a 10 -day appeal period on decisions with the Clerk of the Board.
IX. PUBLIC HEARINGS The Chair will call for staff comments. The hearing will be openec to the public for proponents,
opponents, comments, and rebuttals. The hearing will be closed to the public and discussion confined to the Commission. The
Commission will then make a motion and vote on the item.
It is requested that public initiated presentations be limited to a maximum of 5 minutes so that all.aiterested parties will have an
opportunity to address the Commission. Following your presentation, please print your name and addr:ss on the speakers sheet so that
the record will be accurate.
The recommendation of County staff is indicated below. It is only a recommendation and has not yet been considered by the Planning
Commission. Copies of the Staff Report are available at the Planning Division Office "
UP 06-13 — Paul and Anita Kwong. Staff recommends approvall
Name: Lynda Upthegrove Project: Use Permit UP06-13
Planner: Meredith Williams APN: 025-020-025 Zoning: C ---
Location:
-=Location: 842 Palermo Rd. Palermo, CA
Proposal: build a billboard sign in a commercial zone thal is adjacent to AR -1
residentially zoned land to east and west. Sign is double-faced 10 5'X 40', total height is
22.5 feet. "
Ms. Williams gave a brief summary of the project.
Chair Lambert asked what the normal setbacks are.
Ms. Williams said twenty feet, but the applicant wants to place billboard within five feet.
Chair Lambert asked if comments from the City of Oroville were part of packet
Ms. Williams answered yes.
Commissioner Nelson asked if Butte County had a policy on billboards.
Chair Lambert said that at one time she remembers talking about billboards and.the Butte County Code
but is uncertain about those policies.
Ms. Williams answered. that the Code says that the billboard can go in comm,-rcial zones, but if it is
adjacent to residential then a Use Permit is required.
Chair Lambert opened the public hearing.. She asked if there was a representative available to speak on
the item. .
■BUTTE COUNTY PLANNING CONMSSION a AGENDA ■ FEBRUARY 22, 2007, ev PAGE 4 ■
A representative was not available.
Chair Lambert closed. the public hearing and confined comments to Commission and staff.
Commissioner Leland asked what the general use findings are that the Commission needs to make. He
looked at 24-45.10. He read the Code section. He asked if Cal Trans needed to approve the billboard.
Ms. Williams answered that Cal Trans would have to approve a permit during the building phase of the
project.
Chair Lambert asked if the billboard is an advertising billboard for that parcel or i it available space to
rent.
Commissioner Nelson said that it is an advertising billboard for whoever rents the space. He said he
believes that most counties are trying to move away from allowing billboards.
Commissioner Leland talked about how the City of Oroville felt having this billboard two miles from the
city limits.
Chair Lambert asked if notices were sent out.
Mr. Charles Thistlethwaite said that notices were sent out to residences within a =•00 foot radius-. -
Ms. Jolliffe went through the Butte County Code book for the Commission.
Chair Lambert said that since this billboard adjoins an Agricultural -Residential zone the Commission
would need to determine if the billboard is appropriate.
Commissioner Nelson said the Commission also has to decide if allowing it in the setback is appropriate.
Mr. Thistlethwaite talked about the Scenic Highway Overlay Zone, but the section of highway for this
project is not part of the Scenic Highway Overlay Zone.
Mr. Thistlethwaite said the Commission needs to determine if there will be an adverse effect on adjoining
properties as well as whether this is for the overall health, safety, and welfare of the community.
Commissioner Leland asked how many other billboards were along that stretch of highway.
Ms. Williams went over the other billboards in the area.
It was moved by Commissioner Leland, seconded by Commissioner Wilson, and unanimously carried to
deny Use Permit UP 06-13 for Lynda Upthegrove due to the project being unreasonably incompatible and,
injurious to the surrounding properties.
There is a 10 -day appeal period on decisions with the Clerk of th-- Board.
X. GENERAL BUSINESS - This section of the agenda is to be utilized by the Planning Commission and Director of
Development Services on items of interest, general discussion, or items for which staff has Seen directed to do research
and bring back to the Commission. Items A, B, & C may not always be addressed at every hearing, but will always be
listed as part of the agenda:
A. Directors' Report
■ BUTTE COUNTY PLANNING CONMSSION ■ AGENDA ■ FEBRUARY 22, 2007, iry PAGE -5 ■
a -BUTTE COUNTY PLANNING COI4MSSION ■ AGENDA a FEBRUARY 22, 2007, ov ?AGE 6 ■