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HomeMy WebLinkAbout047-260-199 (8)brIq Williamson Act Cancellation 04-02 (A.P. -No 047-260-199) Petitioner's proposed use of the contracted land after cancellation of the Land Conservation Contract with the County is entirely consistent with the North Chico Specific Plan. The property is zoned appropriately for residential development and not for agricultural use. Development of the contracted land ` would provide more contiguous patterns of urban development than development of proximate non -contracted land. Without the cancellation and development of the petitioner's land the adjacent lands, specific, but not limited to, the Guernsey, Levy and Hauselt parcels to the south and north, which are zoned for residential development, will not, in the near future, develop in a contiguous and rational way with respect to circulation, emergency vehicle access and health and safety concerns as expressed in the North Chico Plan Goals and Policies. The proposed cancellation and development implements many of the goals and policies specifically outlined and enumerated in the North Chico Specific Plan, all of which have been studied and been subject to public hearing and input, such as: Page 2.2 Table 2.1 . "Circulation: lack of an east/west connector" Petitioner's proposed use contemplates the construction of such a connector. Page 2.3 Paragraph 5 "Circulation: route would become a new east/west route through the plan area... would provide for improved internal circulation as well as alternative access routes into the plan area" Petitioner's proposed use contemplates the construction of a new east/west route as well the internal construction of roadways that would link future residential construction of contiguous parcels in the immediate area as well as the North Chico area at large.. ` Page 2.6 Table 2.3 Items 4, 5 and 9 Petitioner's proposed use contemplates the development and construction that meet the specific policy criteria outlined r Page 2.8 Item 8"enhanced street entries shall be required at the following location" (a)., the new arterial / Highway 99 intersection. Petitioner's proposed use contemplates the construction of such an arterial. Page 2.9 Fire, Item 1; Fire station placement Petitioner's proposed use contemplates the construction of a new east/west route which will benefit the entire North Chico area with respect to adequate and timely access to the existing fire station on Highway 99, thus improving public safety and response time for the entire area. e J_ Page 3.4 Paragraph 4 "Open space lands throughout the Plan area are intended to protect natural and cultural resources" Petitioner's proposed use contemplates designated `open space' :areas on the contracted land. Page 4.2 Paragraph 2 "The plan provides for the safe and efficient movement of vehicles, et al..." Petitioner's proposed use contemplates the construction and implementation of roadways within the project including the east/west arterial as well as internal connectors to adjacent land, in the near future. Page 4.3 Paragraph 1 "Arterial streets are at the top of the street hierarchy system" Paragraph 3 "The major new circulation feature within the NCPO area will be the new arterial street originating at Hicks Lane... extending westerly over Mud Creek to SR99" Petitioner's proposed use contemplates the construction of the new east/west arterial(the new Kittyhawk Drive). Page 5.7 Item 2"Design stormwater facilities, including detention basins, to ensure public safety... " Petitioner's proposed use contemplates the construction of stormwater facilities and detention basins. Page 6.1 Paragraph 5 Petitioner's proposed use contemplates the initiation of California Water Service for the proposed development which will, by taking the lead and initiative benefit the North Chico area at large. Petitioner has received correspondence from the Water Service indicating its intent to initiate water service in the area Appendix A-8, (BUTTE COUNTY GENERAL PLAN POLICIES, Circulation) 5.1.1 "All road system shall provide for the safe evacuation of residents and adequate access for fire and other emergency services by providing ad least two means of emergency access to an interconnected collector system." It appears that the existing Autumn Park subdivision with 45 homes was approved and exists today with a single point of ingress/egress at Kittyhawk Drive and Garner Lane in with what appears to be a violation of general plan policies and will remain so until such time Kittyhawk Drive is completed and connected to SR99. Petitioner's proposed use contemplates construction of the east/west arterial which will immediately address the current unsafe condition existing with Autumn Park and the other residences in the North Chico area and provide a more 2 contiguous patterns of urban development than development of proximate noncontracted lands. Butte County Board of Supervisors Resolution 95-47. Page 3 Paragraph 2 "The NCSP has been modified to require the County to work with CalTrans on the installation of traffic signals at SR99 and the new . arterial." Petitioner's proposed use has necessitated the completion of a traffic study. Traffic study concludes and calls for an intersection at SR99 and the continuation of the east/west arterial (Kittyhawk Drive). Intersection to be signalized with separate turn lanes. Completion of the signalized intersection is consistent with and meet the the goals and policies of the North Chico Specific Planning area. Page 3 Paragraph 3 "Chico General Plan identifies this land as a future growth area and constrains growth in other areas...." Growth is further constrained in other areas through ag-preservation policies, zoning, greenline, and environmental constraints such as wetlands and meadowfoam. Page 4 Paragraph 3 "Chico General Plan requires the infilling and -increased densities to create a more compact urban form. Thus, development within the NCSP area is necessary to accommodate future growth." Memorandum of Agreement between City of Chico and Butte County: Page 3, Paragraph 7 "Such needed public facilities will include new streets" Petitioner's proposed use contemplates the construction of new collector and arterials to county standards Page 4, Paragraph 5 " desirable to foster and encourage orderly development in the NCSP area. Petitioner's proposed use is consistent and necessary for such orderly development. Page 4, Paragraph 6 "Gov Code Sections 65351 and 65352 contemplate that the public interest beyond individual city/county boundaries shall be considered. Petitioner's proposed development provides for a buffer and open space along State Highway 99, as well as improved access to the State Highway, benefitting the State at large. Clearly, the County has intended to comply with Government Code Section 3 65581, by approving the General and Specific Plans. That Section reads: It is the intent of the Legislature in enacting this article: (a) To assure that counties and cities recognize their responsibilities in contributing to the attainment of the state housing goal. (b) To assure that counties and cities will prepare and implement housing elements which, along with federal and state programs, will move toward attainment of the state housing goal. (c) To recognize that each locality is best capable of determining what efforts are required by it to contribute to the attainment of the state housing goal, provided such a determination is compatible with the state housing goal and regional housing needs. (d) To ensure that each local government cooperates with other local governments in order to address regional housing needs. Furthermore, a review of Government Code Section 65580. should be made under that Section which reads: The Legislature finds and declares as follows: (a) The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order. (b) The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. (c) The provision of housing affordable to low- and moderate -income households requires the cooperation of all levels of government. (d) Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. (e) The Legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the general plan and to cooperate with other local governments and the state in addressing regional housing needs. In that light, a review of the Department of Housing and Community Development's "California's Deepening Housing Crisis" (February 15, 2006) Copy enclosed the average annual statewide need for housing units is approximately 220,000. Since 1999 less than 170,000 residential new construction permits have been issued on an annual basis. Median prices have increased due to increased costs and supply 4 and demand issues. The affordability of homes as measured against income has . fallen. According to the Housing and Community Development "Housing Policy Development", Chapter 2 California Housing Production Needs 1997 -2020 (http://www.hcd.ca.gov/hpd/), the Northern California Non Metropolitan Region" will have 2.1% of the states projected population growth with 75% of that growth in the Butte/Shasta counties area. Petitioner's proposed use of the land will assist in " providing and meeting the housing and employment needs of those in the area now. Cancellation of the existing contract and allowing immediate development of the. petitioner's parcel not only meets the local needs of the Urban area of the City of Chico, and Butte County, it assists Butte County in meeting it regional planning needs as well as assisting in the overall housing crisis existing in the State of California, thus meeting the goals of Government Code Section 65580 and the public interest provisions of Government Code Section 51282 with respect to the cancellation. Additionally with respect to subdivision (d) of Section 65580 states: Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate ' provision for the housing needs of all economic segments of the community. The allowance of an early cancellation of the petitioner's contract is a clearly' proper use of the County's powers to facilitate such in the public interest. And the facts support such a finding. In summary, cancellation of the contract is proper in that petitioner's proposed use of. residential development of the land, including residences and public infrastructure is in the public interest and will provide: a. Development consistent with the Butte County General Plan and North Chico Specific Plan; b. The development and construction of a residential development which supplies badly needed housing for the region and the state at large. (http://www.bcag.org/ planning/2003_regional_housing_needs_plan.html); c. The construction of an east/west arterial providing access for emergency services and more orderly circulation for the area, county and state; d. The elimination of an old, marginally economic, and out of place walnut orchard .thereby eliminating the need for agricultural setbacks (300 feet) on adjacent 5 properties either already constructed with residences or severely restricting and/or precluding development of adjacent properties zoned residential under the Butte County General and North Chico Specific. Plan until after the year 2012, as well as the nuisance and safety considerations involved with herbicide and pesticide spraying associated with agricultural uses. The land is not high value agricultural . land due to the existing and proposed encroachment of urban residential development. The original agricultural orchard use has been greatly compromised due to the change in zoning and use of surrounding and adjacent properties. e. The, rational, orderly implementation and development of the North Chico area, including improved circulation, public utilities, and public safety. Without the cancellation and development of the petitioner's land the adjacent lands, which are . `zoned for residential development, will not, in the near future, develop in a contiguous and rational way with respect to circulation, emergency vehicle access and health and safety concerns as expressed in the North Chico Plan Goals and Policies. As a final footnote, it should be recognized that the Environmental Impact Report prepared for the North Chico Specific Plan reviewed the impact on a; land uses in the planning area. The report noted that implementation of the specific plan would result Lthe. conversion of 475 acres of agricultural lands. Because 21:3 acres of those land were not considered prime agricultural land and because the remaining 213 acres. are substantially in conflict with adjacent residential development and are located on the urban side of the Greenline, the impact was considered less than significant. The report further explained the SR99 was established as the boundary between urban/suburban development to the east and agricultural tc the west -under' the County Greenline policy. Therefore the agricultural portion of the plan, including petitioner's parcel are not located in an area identified for :agricultural use with no impact anticipated by development as urban/suburban residential.