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Home My WebLink About048-390-008FI (, 6 X15515 E n MgG PREPARED: 1/17/97 AVAILABLE FROM: POSTED: 1/17/97 City Clerk's Office PRIOR TO: 5:00 p.m. 411 Main Street Chico, CA 95928 Phone: (916) 895-4811 POSTED ADDENDUM TO CITY COUNCIL AGENDA Tuesday, January 21, 1997 -- 7:00 p.m. Council Chamber -- 421 Main Street .."'NOT)"611 The Planning Commission granted a use permit on January 6., 1997, for the construction and operation of a 29,000 f square foot assisted living facility consisting of 53 assisted living suites and a 16 -suite Alzheimer wing on 2.53 acres located at the southeast corner of Lassen Avenue and Cohasset Road, Assessor's Parcel No. 048-390-008, in an area designated on the City of Chico General Plan Diagram as Office and zoned R -P Residential -Professional / Business Office zoning district. A Mitigated Negative Declaration of Environmental Impact was also adopted for this project pursuant to the California Environmental Quality Act on'that date. Planning Division'staffhad recommended denial of the use permit. At the time it granted the use permit, the Planning Commission believed that the project had been forwarded to the Airport Land Use Commission (ALUC) for review and that ALUC had no comments on the project. Subsequent to that time, the Planning Commission learned that the item had not been received or reviewed by ALUC prior to the 1/6/97 Planning Commission meeting. ALUC has since recommended denial of the project. As a result, the Planning Commission felt its decision to grant the use permit was based on incomplete information and, therefore, has requested either the City Manager or the City Council to call up. the record to review the use permit by its own action.' Council is being provided with copies.of the Planning Commission memorandum dated 1/17/97 requesting this action. Planning Division '197 �TOY, ill Or. %aIliofflis.. m:\j onAfiles\agendas\1-21-97.add 0 h L A- �o a C --i 5-0 Gc PIAM(+ 4 -4hz J -S a, S ro Vtj MEMORANDUM PAGE 2 At the January 17th meeting, meeting, the - Comrriission voted 5-1-1, (Commissioner Wright. opposed; Commissioner Dielte abstained), to forward the following requests: 1.) The Planning Commission requests that the City Manager appeal the Commission decision, pursuant to Section 2.80.050 of the Chico Municipal Code; and 2.) Should the City Manager decline to' appeal the. decision, the Planning Commission requests that the City Council call up the record and review the Planning Commission decision on Use Permit 96-29 (Curry Brandaw/Drake -Dufour). The City Manager has declined to appeal. the decision; therefore, the Commission requests that the City Council conduct a public hearing in order to render a final decision on the use permit. cc: Planning Commission (7) CDD Planning Director Paula Leasure, ALUC Curry. - Brandaw Drake - Dufour Jeff Kraus, Spectrum Real Estate Group Bob Hennigan .. Fred Guerst .TO: City Council_ (Mtg 1/21/97) DATE: January 17, 1997 .FROM: Planning Commission FILE:. UP 96-29 SUBJECT: Use Permit 96-29 (Curry Brandaw/Drake Dufour) The Planning Commission requests that their decision to approve Use Permit No. 96-29 (Curry.. Brandaw/Orake Dufour) be reviewed .by the City Council based on a lack of complete information available when that decision was reached by the Commission. The Use Permit, as approved, would allow construction and operation of a 29,000+ square foot assisted living facility consisting of fifty-three, (53) assisted living suites and -a sixteen (16) suite Alzheimer wing on 2.53 acres. located at the southeast corner of Lassen Avenue and Cohasset Road, Assessors Parcel No. 048-390-008, in an area . designated on the City of Chico General Plan Diagram as Office and zoned R -P Residential-Professional/Business Office zoning .district. A Mitigated Negative Declaration of Environmental Impact was adopted, for the project .pursuant to. the California Environmental Quality. Act (CEQA). At the Commission meeting of November 4, 1996, where this permit was an agendized workshop item, PlanningDivision staff was directed to seek comment from the Butte County Airport Land Use Commission (ALUC) notwithstanding the City Attorney's opinion that .it was not necessary to notify ALUC of items outside their specific jurisdiction. The Request for Comments was intended to be an .advisory notice. The Commission granted the use permit at a public hearing on January 6, 1997, with the understanding that ALUC had been notified by staff. Staff indicated at the meeting that a Request for Comments had been forwarded to ALUC. Following the decision to approve the Use Permit on a 4-2-1 vote (Commissioners Carter and Wright opposed; Commissioner Dielte abstained), it'came to the Commission's attention that notification had, not been received by ALUC. City Land Use Regulations restrict reconsideration by the Commission of its prior actions. . .It should be noted that the Planning Division staff had recommended denial of this use permit, primarily due to the nature of the use and its proximity to the airport approach zone. Subsequent to the January 6, 1997 Planning Commission meeting approving the project, ALUC has provided comments recommending denial of the Use Permit based on land use compatibility concerns. The Commission held a special . meeting 'on January 17,. 1997 to determine the significance of the misinformation on the decision to. approve the Juse permit and whether to request the City Council to review. the Commission's decision. At lease one Commissioner indicated his vote would likely have changed with the new information. The Planning Commission also expressed a more general concern with ALUC/City cooperation and coordination. Copies of this Agenda City Planning Office Agenda Prepared: 1/14/97 Available from 411 Main Street Agenda Posted: 1/14/97 Telephone: (916) 895-4851- Prior to: 9:00 A.M. PLANNING COMMISSION AGENDA SPECIAL MEETING OF JANUARY 17, 1997 Municipal Center - 421 Main Street - Council Chambers 9:00 A.M. I. ROLL CALL II. REGULAR AGENDA - The following items will be considered in the order listed unless the Commission requests a change. Any person may, speak on items listed on the Regular Agenda. In order that all items may be considered, any item may be continued to another meeting if it appears there will be insufficient time for full consideration of the item. 1. Consideration of action in regard to requesting the City Council to consider Commission's action in granting Use Permit No. 96-29 (Curry Brandaw/Drake Dufore) - A proposal to construct and operate a 29,000+ square foot assisted living facility consisting of fifty-three (53) assisted living suites and a sixteen (16) suite Alzheimer wing on 2.53 acres located at the southeast comer of Lassen Avenue and Cohasset Road, Assessor's Parcel No. 048-390-008, in an area designated on the City of Chico General Plan Diagram as Office and zoned R -P Residential- Professiorial/Business Office zoning district. The use permit was granted on January 6, 1997, and a Mitigated Negative Declaration of Environmental Impact was adopted for this project pursuant to the California Environmental Quality Act (CEQA). III. BUSINESS FROM THE FLOOR- The Chairperson will invite anyone in the audience wishing to speak to the Commission to identify themselves and the matter they wish to .discuss, which would involve matters not already on the posted agenda. If the Commission agrees to discuss the matter at this time, no action may" be taken until a subsequent meeting. IV. . ADJOURNMENT - To the Regular Meeting of February 3, 1997. Planning Division JAN 2 2 1997 Oroviile, Calitomi81 ''rBUB"d'E COAIRPORT LAND AE COMMBSSdON+ ■ Department of Development Services ■ 7 County Center Drive, Orovil e, CA 95965 ■ 916) 7601 FAX ( 6) 538-7785 ■ /• AGENDA ITEM TO: -Honorable Chair and Airport Land Use Commission .-...--....-......-.-...- ...-.--..--...-.. FROM: Stephen Betts, Assistant Planner TE: January 14, 1997 ITEM: City of Chico Use Permit #96-29 (Curry Brandaw/Drake Dufour) on APN 048-390- 008: A request for a Use Permit to allow the construction and operation of a fifty- three (53) suite assisted living facility with a sixteen (16) suite Alzheimer wing zoned R -P (Residential-Professional/Building Office ) located on the southeast corner of Lassen Avenue and Cohasset Road in Chico. FOR: Airport Land Use Commission Meeting of January 15, 1997. SUMMARY: The City of Chico approved the above referenced Use Permit on January 6, 1997, without the benefit of ALUC comments. City staff indicated that they had sent a , Request 'for Comments to ALUC, however, no request was received from the City concerning this project. On January 13, 1997, the Chico Planning Commission agreed to call a special meeting ori Friday, January 17, 1997 to formally request that the City Council review the above project in light of ALUC not receiving an opportunity to comment on the project, and `request ALUC comments before making a final decision. • ANALYSIS: This project is a request for a Use Permit to allow the construction and operation of a 42,000 square foot, two story assisted living facility. The residential facility will provide fifty-three (53) suites and an additional sixteen (16) suite Alzheimer wing. There are a total. of 77. beds proposed at the site. The proposed use will provide a variety of services for the elderly with -the average age of a resident anticipated to be approximately 84 years. There will be approximately thirty (30) employees at the facility, with approximately ten (10) person per shift. The project site is zoned R -P (Residential-Professional/Building Office ) and is located on the southeast corner of Lassen Avenue and Cohasset Road in Chico. The project site is 2.53 acres in size. Staff review consisted of land use compatibility, noise sensitivity and a comparison with the draft Policy Plan guidelines as indicated below. ri q g 7 -E4,( Land Use Compatibility Staff reviewed the request pursuant to the currently adopted Chico Municipal Airport Environs Plan (CMAEP). A determination was made that the project site is located within the Chico Municipal Airport Study Area (CIC -6) and in Compatible Land Use Zone (CLUZ) Area II -P as depicted. on 'CIC -13. The project site is located within the approach zone as depicted on CIC -5 of the CMAEP. The CMAEP recommends on page 8-13 that "use permits for any uses involving concentrations of people (parks, gold courses, churches, other public or quasi -public uses) should not be granted" in the CLUZ Area II -P ." The FAR Part 150 Noise Compatibility Program and Environs Plan shows on Exhibit IV -1 that the project site is located directly beneath several flight tracks. ■ Butte County ■ Airport Land Use Commission ■ Noise Sensitivity The project site is located in the 60-65 dB CNEL noise contours as depicted in Figure CIC -2 of the • CMAEP. Exhibit 4-4 (page 4-33) of the CMAEP states that hospitals and nursing homes are conditionally acceptable in areas with a 60-65 dB CNEL noise level, and recommends that a detailed analysis of the noise reduction requirements be'conduced and needed noise insulation features included in -the design. The FAR Part 150 Noise Compatibility Program prepared for the City of Chico was reviewed for additional noise impact evaluation:. While itis.understood that this document has not'been accepted or adopted by the ALUC as a �ecognizea-noise sudjr or environs plan, it does provide additional information to assist staff in the review of projects. The study shows that the project site is located between the 55-60 dB CNEL contours and projects the noise level to still be in the 55-60 dB CNEL contours, but adjacent to the 60-65 dB CNEL contours in 2010. Table III -1 of the study states that hospitals and nursing homes are compatible uses without restriction in areas with a noise level of 60 dB CNEL or less. Based on this data the project site is within an area where the proposed use would be compatible with identified noise level contours, provided that noise reduction measures are incorporated into tIhe design and construction of structures. It should be noted that all of the above data does not address single event noise levels over the project site. Draft Policy Plan The draft Policy Plan that is presently under consideration indicates that hospital and nursing care facilities are not compatible for safety considerations in the approach zone. The draft Policy Plan indicates that hospital and nursing care facilities are compatible within the 55-60 dB and 60-65 • dB CNEL range. This Plan is only in draft form and has not been adopted nor does it replace the existing Environs Plan. However, this Plan does provide the baseline for the Chico Municipal Airport Comprehensive Land Use Plan update that will direct land use compatibility in the area. 0 RECOMMENDATION: Staff recommends that the Butte County Airport Land Use Commission find that the proposed City of Chico Use Permit #96-29 (Curry Brandaw/Drake Dufour) on APN 048-390-008 is inconsistent with the Chico Municipal Airport Environs Plan subject to the following findings and recommended conditions in attached Exhibit "A". If the ALUC would like to take additional action on this project it would be limited_ to. a recommendation to the Butte County Planning Commission that although the project is inconsistent with the currently adopted Chico Municipal Airport Environs Plan, the ALUC does have additional concerns. This recommendations would only be advisory and would not require any overriding findings to dismiss. Attached: A: Findings B: Location Map K:\ALUC\FEB97.MTG\FAC1L1TY.WP0 ■ Butte County ■ Airport Land Use Commission ■ ..:. w +B 11 TE COUM[4] AIRPORT LAND. AE C®MMISSION+ ■ Department of Development Services ■ 7 County Center Drive, Oroville, CA 95965 ■ (916) 538-7601 FAX (916) 538-7785 ■ EXHIBIT A BUTTE COUNTY AIRPORT LAND USE COMMISSION CONSISTENCY FINDINGS FOR:- City_of.Chi.co Use Permit #96-29 (Curry Brandaw/Drake Dufour)._on AP.N...048-330-008:._.. The following findings have been prepared at the direction of the ALUC and are for the consideration of the County of Butte (local agency) when making a decision on this project. . Section 1: ENVIRONMENTAL FINDINGS A. No environmental documentation was submitted at time of :review. However, it is not foreseen that there will be any significant impacts at this time. Section 2: PROJECT CONSISTENCY FINDINGS A. The ALUC finds the proje s inconsistent with the Chico Municipal Airport Environs Plan and that the project Is compatible with the viable, responsible operation of the Chico . Municipal Airport subject to the following recommended conditions. Section 3: RECOMMENDED CONDITIONS . None Reviewed and Approved by: Fred Gerst, Chairman Butte County Airport Land Use Commission ■ Butte County ■ Airport Land Use Commission ■ 0 0..'' +BUTTE COUNTY AIRPORT LAND USE C®MNRISSION+ E Department of Development Services ■ 7 County Center Drive, Oroville, CA 95965 ■ (916) 538-7601 FAX (916) 538.7785 ■ TO: Members, Chico Planning Commission FROM: Butte County Airport Land Use Commission DATE: January 16, 1997 SUBJECT: City of Chico Use Permit # 96-29 (Curry Brandaw/Drake Dufour) on APN 048-390-008 for an assisted living facility. SUMMARY: The Butte County Airport Land Use Commission, at their regular meeting of January 15, 1997, added the above item to their regular agenda as an emergency item in order to determine the project's consistency with the Chico Municipal Airport Environs Plan (CMAEP). The Commission found the project to be inconsistent with the CMAEP in that the project is located in a Land Use Compatibility Zone that recommends denial of use permits for projects that result in large concentrations of people. Commissioner Koch abstained from this vote and the remaining Commissioners approved the inconsistency findings. AUTHORITY The authority of the ALUC is derived from the statutes set forth in Chapter 4, Article 3.5 (commencing with Section 21670) of the State Aeronautics Act (Division 9, Part 1 of the California Public Utilities Code). The California state legislature's purpose for creating the ALUC is stated in Section 21670(a) which states; 1. It is in the public interest to provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to promote the overall goals and objectives of the California airport noise standards adopted pursuant to Section 21669 and to prevent the creation of new noise and safety problems, and 2. It is the purpose of this article to protect the health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures minimize the public's exposure to excessive noise and safety hazards within areas around public use airports to the extent that these areas are not already devoted to incompatible uses. To meet these goals the ALUC was given the powers and duties outlined in Section 21674 to assist local agencies in ensuring compatible land uses in the vicinity of existing airports and to coordinate planning at the state, regional, and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety, and welfare. The ALUC has many tools to utilize for the implementation of these powers and duties when reviewing projects in the vicinity of airports which include the individual airport comprehensive land use plans (CLUP), the general plan of the local jurisdiction, and the Airport Land Use Planning Handbook (ALUPH) developed by the Caltrans Aeronautics Program. ■ Butte County ■ Airport Land Use Commission ■ The comprehensive land use plan developed for the Chico Municipal Airport is designed to safeguard the general welfare of the inhabitants within the vicinity of the airport and the public in general for a period of twenty years. The CMAEP was adopted in 1978 and due to the rapid growth of the northeast Chico area, especially those areas located southeast of airport, the plan is now in need of a comprehensive update to ensure the future viability of the airport. The ALUC has determined that the proposed project is not consistent with the goals and policies of the CMAEP in that the project, which is Located in Land Use Compatibility Zone 11-P, will result in a large concentration of people. The CMAEP recommends that use permits for projects located in the II -P zone should not be granted for projects that result in large concentrations of people. The Butte County Airport Land Use Commission has determined that the project is not consistent with the CMAEP and issued inconsistency findings as found below in Exhibit A. ■ Butte County ■ Airport Land Use Commission ■ • EXHIBIT A " 0 BUTTE COUNTY AIRPORT LAND USE COMMISSION FINDINGS FOR CITY OF CHICO USE PERMIT #96-29 FOR AN ASSISTED LIVING FACILITY The following findings of inconsistency have been made by the ALUC and are for the consideration of the City of Chico (local agency) when making a decision on this project. If the City decides to not follow the direction of the ALUC and allow a project to be approved, the City may override the ALUC decision with a 2/3 vote of the City Council if it makes specific findings that the proposed action is consistent with the State Aeronautics Act as stated in Section 21670. As detailed in the ALUPH, overriding findings cannot be adopted merely as matters of opinion, but instead must be supported by substantial evidence. Section 1: CHICO MUNICIPAL AIRPORT ENVIRONS PLAN FINDINGS OF INCONSISTENCY A. Find that the assisted living facility project is inconsistent with the Chico Municipal Airport Environs Plan in the following items: The Chico Municipal Airport Environs Plan indicates the project is located within the Study Area as depicted in Figure CIC -6 and in Compatible Land Use Zone (CLUZ) II -P as depicted in Figure CIC -13; and 2. The project use is inconsistent with the Chico Municipal Airport Environs Plan Section 8.3.2; CLUZ Area II -P, which recommends that use permits for any uses involving concentrations of people (parks, golf courses, churches, other public or quasi -public use) should not be granted; and 3. The project is inconsistent with the Chico Municipal Airport Environs Plan Section 8,Land Use Recommendations which establishes the principle to protect the health and welfare of the community where there is a clear and supportable requirement. Section 2: ADDITIONAL CONCERNS A. The project is inconsistent with the ALUC Draft Policy Plan, Section II.D, which states that hospitals and nursing care facilities should not be allowed in the clear, approach, or overflight zones. " B. The project is inconsistent with the ALUC Draft Policy Plan, Section II.D, which states that large concentrations of people (more than�25 people per acres at any one time) should not be permitted in the clear, approach, or overflight zones. C. The project is consistent with the CMAEP regarding noise compatibility. Exhibit 4-4 of the CMAEP states that hospitals and nursing homes are conditionally acceptable in an area that has a CNEL of 60-65 dB, and that noise insulation features should be included in the design of structures with these uses. ■ Butte County ■ Airport Land Use Commission ■ BUTTE COUNrk' AIRPORT LAND USE COMMISSION . Deortment o eve opmen ervices . t County-Genter Unve, uroville, MEMORANDUM TO: Airport Land Use Commission FROM: Paula Leasure, Principal Planner, Butte County ALUC DATE: January 14, 1997 RE:. City of Chico Use Permit #96-29 (Curry Brandaw/Drake Dufore). A request to allow construction and operation of a 53 suite assisted living facility with a 16 suite Alzheimer wing on a 2.53 acre parcel zoned R -P (Residential- Professional/Business Office Zoning) located on the southeast corner of Lassen Avenue and Cohasset Road. The City of Chico Planning Commission approved the above referenced Use Permit on Monday January 6, 1997. The Cityof Chico staff report to the Planning Commission states on page 2 that no comments were received from ALUC. This was questioned by the Commission; however, however the use permit was still approved: ALUC staff spoke with Chico Planning Staff on Thursday, January 9, 1997. A letter was prepared by Paula Leasure, Principal Planner explaining that a request for comments was not received by ALUC and that due to the location of the proposal comments would have been prepared. The Chico Planning Commission, at their meeting on Monday January 13, 1997, discussed the lack of ALUC review of the Use Permit. The Planning Commission agreed to call a Special Meeting on Friday January 17, 1997 at 9:00 a.m. to formally request the City Council review the above scenario and request ALUC comments before making a final decision. In addition to the City Planning Commission action, a letter was received from Jay White, Attorney for the California Pilots Association on January 13, 1997. Mr. White advises the Commission to review the project for consistency and make specific findings. Since this project has been approved and the City of Chico 15 day appeal period began on January 6, 1997, the Commission may wish to add this item as an emergency item to their January 15, 1997 -agenda. Such an action under the Brown Act {Government Code Section 54954.2(b)(2)) would require the Commission by a 2/3 majority vote of the total body, or if 2/3 of the body is not present, by a unanimous vote of those remaining, to place the item on the agenda at a regular meeting, when the -body determines that there is a need for immediate action which cannot reasonably wait for the next regularly scheduled meeting (February 19,1997). 1. As staff has only yesterday become aware of this situation, their has been insufficient time to provide a full staff analysis. The Commission may wish to discuss the item at this meeting and provide the City of Chico'any preliminary comments and offer a full written review as soon as possible. ALUC staff has been advised that the City of Chico Planning staff will request the Chico City Council schedule their hearing on the proposal after the ALUC meeting of February 19, 1997. Attachments: Chico Planning Staff Report for U.P. 96-29 Chico Planning Commission Agenda for January 13, 1997 Chico Planning Staff Report for January 13, 1997 ALUC Staff Letter dated January 9, 1997 Letter from Jay White dated January 10, 1997 ! Butte County ! Airport Land Use Commission Y JAN. 13 '97 (MON) 09:57 CITY OF CHICO COMMUNITY DEV. DEPT 9166954726 CI Y.OF CHICO REPORT TO: Planning Commission FROM Planning Staff SUBJECT: Use Permit No. 96-29 (Cunt' Brandaw/Drake Dufors) Southeast Corner of Lassen Avenue & Cohasset Road PAGE. 1 DATE: December 30, 1996 FILE: A -ZONE -4 (UP 9629) GENERAL INFORMATION APPLICANT: Curry Brandaw Architects, 2260 McGilchrist Street, SE, Suite 100, Salem, Oregon, 97302 OWNER: Drake & Dufore General Parmership 1350 E. Lassen, Suite 1, Chico, CA 95926 LOCATION: Southeast corner of Lassen Avenue and Cohasset Road REQUESTED ACTION: _ Use Permit PURPOSE: Request to allow construction and operation of a fifty-three (53) suite assisted li facility with a sixteen (16) suite Alzheimer wing. EXISTING ZONING: R -P Residencial-Ptofessional/Business Office Zoning A.P. NUMBER: 048-390-008 Po9t4t°Fax Note 7671 Date 1 penes► . ?b •'' _ _ ; ,- -�� .. - � Fpm Codnepl. Co I LOT SIZE: 2.S3 acres Phone 0 Kong k� 5 I g I Fa. a s3 - F « EXISTING LAND USE: Vacant },.,Nene nts W 11 fe ItoW y fheSS"er. SURROUNDING LAND USE: GENERAL PLAN DESIGNATION: ENVIRONMENTAL REVIEW: North Office South Office East Office . West Minl•storage Offices Mitigated Negative Declaration "Onning Division JAN t 31997 �"'Ovlllea cautomia JAN. 13 "97 (MON) 09:57 CITY OF CHICO COMMUNITY DEV. DEPT 9160954726 PAGE. 2 CITY OF CHICO MEMORANDUM trrY«cwco TO: PLANNING COMMI-SSSION (Mtg.1 /6/97) DATE: December . FROM: Planning Staff FILE: A -ZONE -4 (UP96-29) RE: . Use Permit No. 96.29 (Curry Brandaw/Drake Dufore) Southeast corner of Lassen Avenue and Cohasset Road RECOMMENDATION The Planning Division recommends Planning. Commission deny approval of a request to allow the construction and operation of's fifty-three(53) suite assisted living facility with a sixteen (16) suite Alzheimer wing on a 2.5 acre site at the southeast corner of Lessen Avenue and Cohasset Road, in an R -P Residential-Professional/Business Office Zoning District. BACKGROUND This is a request to -allow construction and operation of a 42,000 square foot, two story assisted living facility. The residential facility will provide assisted care In fifty-three (53) suites and an additional sixteen (16) suite Alzheimer wing. There are a total.of 77 beds proposed at the, site. The proposed use provides a variety of services for elderly with the average age of a resident anticipated to be approximately 84 years. There will be a approximately thirty (30) employees at the facility with approximately ten (10) persons per work shift. The proposed site is zoned R -P which requires a use permit for group care facilities and health care facilities (C.M.C. 19.44.040 M.). The project site is located in the Northeast Chico Specific Plan area which was adopted in 1979. The Specific Plan anticipated the subject property as being developed with office uses and the zoning for the site was established as NC (Neighborhood Commercial) to encourage office uses. Zoning for the site remained NC (Neighborhood Commercial) until November 1994, when, as part of the comprehensive General Plan/Zoning consistency program, the zoning was changed to the R -P Zoning District. It should be noted that Planning Staff Is of the opinion that, consistent with the anticipated uses for the area and the previous history of NC Neighborhood Commercial zoning, the site rezoning to R -P Residential-Professional/Business tv+r omwrw.wuNa�Ylt.aoo JAN. 13 '97 (MON) 0958 CITY OF CHICO COMMUNITY DEV. DEPT 9168954726 PAGE. 3 Memorandum Page 2 Office, although consistent with the General Plan Diagram, should have more appropriately been changed to CO Commerdial Office Zoning District. The site is approximately one mile southeast from the Chico Municipal Airport. The California Division of Aeronautics Guidelines for Safety Zones identifies several safety zones, the shape and location of which are predicated on the type of aircraft and operations at the airport. The site is within the 10,000 foot Overflight Zone as defined by the Aeronautics Guidelines, but Is outside of the 1,000 foot wide Approach -Departure Zone as defined by FAR PART 77. Therefore, the project is not subject to findings of consistency with regards to land use categories established In the draft Chico Municipal Airport Comprehensive Land Use Plan. No comments have been received from Butte County Airport Land Use Commission. The Specific Plan encouraged commercial uses at the entrance to Foothill Park in order to place appropriate land uses closest to the airport and to provide a focus of commercial and office activity at the Lassen Avenue/Cohasset Road entrance. Since adoption of the Specific Plan the area. has developed as Executive Park with -a mix of professional services and commercial uses. The residential nature of the proposed assisted care facility does not appear to be consistent with the intended land uses encouraged by the NC Neighborhood Commercial zoning. The proposed project has been reviewed by the Architectural Review Board at their meeting of November 20, 1996. It should be noted that although no architectural design theme was adopted for the area, a style has been consistently used for development in the Executive Park area. The style Includes low -profile, one story office buildings partially obscured with landscape berming with earth -tone stucco exteriors and tile roofing. The project has been conceptually approved by the Architectural Review Board and will be returned to the Board for additional review after Planning Commission action. ENVIRONMENTAL REVIEW An Initial Study Checklist has been prepared for the environmental determination recommending that a Mitigated Negative Declaration be adopted for this project with specific measures to mitigate potential environmental impacts. The applicant has agreed to modify the project and include and incorporate all mitigation set forth in the Initial Study. GENERAL PLAN POLICIES The Chico General Plan Diagram designates the site as Offices. The designation is intended to provide sites for administrative, financial, business, professional, medical and public offices and support commercial uses, and residentialloffice mixed use development in areas where retail and other community commercial JAN. 13 '97 (MON) 09:58 CITY OF CHICO COMMUNITY DEV. DEPT 9166954726 PAGE -4 Memorandum Page.3 uses are not appropriate. The following specific General Plan policies are applicable to the proposed project; LU -G-2 Promote infill growth. LU 1-32 Continue to apply and enforce zoning and land use regulations designed to promote compatible development of the Airport and its environs. Such regulations prevent development that would pose an airport hazard by establishing height and use restrictions and zoning districts that are specifically Intended to promote compat/b/e alrporr related development. ANALYSIS The 'purpose of this use permit Is to determine the compatibility of the proposed use with the surrounding area. As noted earlier, the Northeast Chico Specific Plan anticipated the properties at the entrance to Foothill Park to be developed with a mix of professional offices and commercial uses. Over the past years the area has developed out as "Executive Park", which provides a mix of professional office, services and commercial businesses, while residential uses have developed to the east, consistent with the Specific Plan. The proposed residential facility does not appear to be consistent with anticipated uses for the Executive Park area. ~ USE PERMIT FINDINGS Pursuant to Chico Municipal Code Sections 19.14,040, the Planning Commission may approve or conditionally approve a use permit only when it finds, based on the evidence presented in the application and/or at the public hearing, that: A. The proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety and general welfare of persons residing or working In the neighborhood of such proposed use; 9. The proposed use will not be detrimental or injurious to property and improvements in the neighborhood of the proposed use; C. The proposed use will not be detrimental or injurious to the general welfare of the city; and D. The proposed use will be consistent with the policies, standards, and land use designations established by the General Plan, and where a specific plan Is applicable to the site, that the proposed use is consistent with the specific plan. RECOMMENDATION Based on the above analysis and findings, the Planning;Division recommends Planning Commission denial of Use Permit 96.29 Murry Brandaw/Drake Dufore) JAN. 13 '97 (MON) 09:59 CITY OF CHICO COMMUNITY DEV. DEPT 9168954726 PAGE. 5 a 0 Memorandum Page 4 a request to allow construction and operation of'a fifty-three (53) assisted living Care facility with a sixteen (16) suite Alzheimer wing. If Commission determines that the proposed request does have merit and wishes to approve the use permit,. Commission should (1.) make a motion to find there is no substantial evidence that the project will have a significant impact on the environment and the mitigated negative declaration has been prepared in conformance with the provisions of CEQA and City codes and (2) make a motion approving the request to allow the construction and operation of a fifty- three (53) suite assisted living facility with a sixteen (16) suite Alzheimer wing on an approximately 2.5 acre site located at the southeast corner of Lassen Avenue and Cohasset Road, in an R -P Residential -Professional Business Office Zoning District, subject.to the required use permit findings and recommended conditions of approval. CONDITIONS OF APPROVAL 1. All development is to be in substantial accord with the "Plat to Accompany Use Permit No. 96.29 (Curry Brandaw/Dufour)", except as modified by any other condition of approval 2. That all other State and local Code provisions are to be met, including those of the Building Division and the Department of Public Works. The applicant Is responsible for contacting the Building Division to verify the need for permits. 3. All mitigation measures provided In the Initial Study be followed and strictly adhered to. 4. Parking is to be provided In accordance with Chapter 19.28 of the Land Use Regulations, 5. Any outdoor lighting shall be in accordance with Chpater 19.26.290 of the Land Use Regulations. 6. Any addition to the assisted living facility at this location must be presented to the City of Chico Planning Division to be reviewed administratively. Significant expansion of the facility may require subsequent review by the Planning Commission, as determined by the Planning Director. Res ectfully Submitted, Ed Palmeri Associate Planner Copies of this Agenda City Planning Office Addendum Prepared: 01/10/97 Available from 411 MainStreet Addendum Posted: 01/10/97 Telephone: (916) 895-4851 Prior to: 5:00 P.M. PLANNING COMMISSION ADDENDUM ADJOURNED REGULAR MEETING OF JANUARY 13, 1997 Municipal Center - 421 Main Street - Council Chambers 7:30 P.M. V. REGULAR AGENDA a. Staff clarification of the notification of the Airport Land Use Commission, as requested by Commissioners Belmonte.and Carter, Commissioners Belmonte and Carter have requested clarification regarding the notification of the Airport Land Use Commission of the use permit request for a assisted living facility at the corner of Cohasset Road and Lassen Avenue,'Use Permit No. 96-29 (Curry Brandaw/Drake Dufour). The public hearing and Planning Commission approval of the project took place at the Regular Meeting of January 6, 1997. r Planning DPA9ion JAN 1 4 joo'T ®roville, G64;t"',cua CITY OF.CHICO MEMORANDUM CITYo►CHICO FW_ 1872 TO: Planning Commission DATE: January 10, 1997 FROM: Acting Planning Director Hayes FILE: U.P. 96-29 RE: ALUC Review'of.Assisted Care Facility - U.P. 96=29 (Curry/Brandaw/Drake Dufour) At the Commission's January 6 meeting, it considered a use permit to allow an assisted living residential facility located at he southeast corner of Cohasset Road and Lassen Avenue. Staff indicated that it had forwarded a request for comment to the Butte County. Airport Land Use Committee_ (ALUC) and that it had not responded to the request. -Subsequent to the meeting, it was brought to City staffs attention that. ALUC staff had no record of receiving a request for comment on the subject matter (a letter from ALUC staff, dated January 9 is attached). After reviewing the use permit file, it has been determined that no record. of sending the request is verifiable. Staff had . -concurred to send. the request despite not being legally, bound to seek comments from ALUC in this instance. The project site was determined to be outside of the Airport approach/departure safety zone and the 55 db noise contour area and to be . consistent'with the City General Plan Office .designation. The R -P Residential - .Professional Office zoning district allows residential use with a use permit. City staff has taken the position, based:on Commission's concern, that development proposals in proximity to the Airport approach zone be forwarded to ALUC for its advisory comment. Future staff reports will include - a ' discussion -of comments requested and received. The Planning Division's_ standard Request for Comment form will be attached noting allr agencies and interested, parties contacted for. comment. Attachment: Letter from Paula Leasure, ALUC, dated January 9, 1997'', CC: CM Info/CDD/AP Palmeri Jeff Kraus, Spectrum Real Estate Group, 3300 East First Avenue, Suite 490, Denver, Co. 80206 Drake -Dufour General Partnership, 1350 East Lassen, Ste 1, Chico, Ca 95926 Paula Leasure, Butte County ALUC r Jan-09-97 05:10P, . P-01 I BUTTE COUNTY AIRPORT LAND USE COMMISSION I Department of Development Services - 7 County Center Drive, Oroville, CA 95965 - (916) 538-7601 FAX (916) 538-7785 . January 9, 1997 Tom Hayes, Planning Manager City of Chico P. 0.3420 Chico, CA 95927 Re: ALUC Review of Assisted Care facility located at the Southeast corner of Cohasset and Lassen Ave. Dear Tom: It is my understanding that the City of Chico Planning Commission held a public hearing regarding a Use Permit for an assisted care facility on Monday January 6, 1997. At this meeting it was stated that ALUC staff was contacted and did not have a problem with the proposal. Unfortunately, ALUC has no record of receiving a request for comments, nor does ALUC staff recall having discussed this proposal with City of Chico staff. Based on the.location of this project, ALUC staff would have issued preliminary'comments only and set a date for presenting the proposal to the Commission for Consistency Findings. When requesting comments from the Airport Land Use Commission, please make sure all communications are specifically directed to ALUC. Past experience indicates that items addressed to the Butte County Planning Department do not get routed to the Commission. If you have any questions, please call Monday through Thursday, between the hours of 8:00 a.m. and 4:00 P.M. -Sincerely. Paula Leasure Principal Planner . cc: Commissioner Jeff Carter JAY WHITE 4153661915 CALIFORNIA PILOTS ASSOCIATION P.O. Box -6868 San Carlos, CA 94070 - . 1-800-244.1949 FAX 415.366-1915 January 10, 1997 ORNA4 .4 /CtZZ (P OA Mr. Fred Gerst, Chairman Butte 'County Airport Land Use Commission 7 County Center. Drive Oroville, C.A, 95985 Re: City of Chico/Chico Airport Dear Mr. Gerst: Recently it was brought to my, attention that the Chico Planning Department had approved a proposed seniors' residential facility near the controversial law school site. This would appear to be another project inconsistent with the Chico Airport CLUP. It is my' suggestion that at its next meeting the ALUC review this project for consistency with the CLUP. If it is found inconsistent the ALUC should make' specific findings as to why it is inconsistent and notify the City of Chico accordingly. This would lay a foundation for legal action if that is deemed necessary. In passing, .I have not received a response from City Attorney Boehm to my suggestion that an informal conference be held to explore any avenues for resolving the overall controversy surrounding land uses near Chico Airport. The recent storms and Moods may very well have delayed his'response. I will plan to make a follow up call next week if he has not responded by then. Very truly yours, Jay C. White Planning Division JAN 1 3 1997 Uwvuie, Camornia JAN. 13 97 (MON) 10:16 CITY OF CHICO COMMUNITY :�Ev. DEFT 91666954726 . ?AGE 1 Copies of thls Agenda CRy Planning Office Addendum Prepared: 01/10/97 Available from 411 Main Street Addendum Posted: 01/10/97 Telephone: (919) a9S-4851 Prior to: 5:00 P.M. PLANNING COMMISSION ADDENDUM ADJOURNED REGULAR MEETING OF JANUARY 13, 1997 Municipal Center - 421 Main Street- Council Chambers. 7:30 P.M. V. REGULAR AGENDA a. Staff clartfiaatian of the notificatign,of the AlWrt Land Use Commignion. as mguested by Commisslonars Balmonte and Carter. Commissioners 8elmonte and Carter have requested clarification regarding. the notifloation of the Airport land Use CommlWon of the use permit request for a assisted living facility at the corner of Cohasset Road and Lassen Avenue, Use Permit No, W29 (Curry 13randaw/Drake Dufour), The public " hearing and Planning Commission approval of the project took place at the Regular Meeting of January 8. 1097. Planning Division JAN 13 1997 Orovuee, Caiifuuna IAN. :3 97 ;.MCN) 10:17 C:7Y CF CH: CO COMM"'" EV. 91669:4726 PAGE. 2 CITY OF CHICO MEMORANDUM ` CRYO CHKO TO: Planning Commission DATE: _ January 10, 1997 FROM: Acting Planning Director Hayes FILE: U.P. 96-29 RE: ALUC Review of Assisted Care Facility - U.P. 98-29 (Curry/Brandew/Drake Dufour) At the Commission's January 6 meeting, It considered a use permit to allow an asslsted living residential facility located at he southeast corner of Cohasset Road " and Lassen Avenue. Staff indicated that it had forwarded a request for comment to the Butte County Airport Land Use Committee (ALUC) and that it had not responded to the request.. Subsequent to the meeting, it was brought to City staff's attention that ALUC staff had no record of receiving a request for comment on the subject matter (a letter from ALUC staff, dated January 9 Is attached). After reviewing the use permit file, it has been determined that no record of sending "the request is - verifiable. Staff had concurred to send the request despite not being legally bound to seek comments from ALUC In this instance. The project site was determined to be outside of the Airport approach/departure safety zone and the 55 db noise contour area and to be consistent with the City General Plan Office designation. The R -P Residential- Professional Office zoning district allows residential use with a use permit. City staff has taken the position, based on Commission's concern, that development proposals in proximity to the Airport approach zone be forwarded to ALUC for Its advisory comment_ Future staff reports will Include a discussion of comments requested and received. The Planning Division's standard Request for Comment form will be attached noting ail agencies and interested partles contacted for comment. Attachment; Letter from Paula Leasure, ALUC, dated January 9, 1997 CC: CM Info/CDD/AP Palmeri Jeff Kraus, Spectrum Real Estate Group, 3300 East First Avenue, Suite 490, Denver, Co. 80206 Drake -Dufour General Partnership, 1350 East Lassen, Ste 1, Chico, Ca 95926 Paula Leasure, Butte County ALUC Copies of this Agenda City Planning Office Addendum Prepared: 01/10/97 Available from 411 Main Street Addendum Posted: 01/10/97 Telephone: (916) 895-4851 Prior to: 5:00 P.M. , PLANNING. COMMISSION ADDENDUM ADJOURNED REGULAR MEETING OF JANUARY 13, 1997 Municipal Center - 421 Main Street - Council Chambers 7:30 P.M. V. REGULAR AGENDA a. Staff clarification of the notification of the Airport Land Use Commission, as requested by Commissioners Belmonte and Carter. Commissioners Belmonte and Carter have requested clarification regarding the notification of the Airport Land Use Commission of the use permit request for a assisted living facility at the corner of Cohasset Road and Lassen Avenue, Use Permit No. 96-29 (Curry Brandaw/Drake Dufour). The public hearing and Planning Commission approval of the project took place at the Regular Meeting of January 6, 1997. Planning Division JAN 1 4 4001 ®rovilte, �� Vw CITY OF CHI'CO. MEMORANDUM TO: Planning Commission DATE: January 10, 1997 FROM: Acting Planning Director Hayes FILE: U.P. 96-29 RE: ALUC Review of Assisted Care Facility - U.P. 96-29. (C urry/B randaw/D rake Dufour) At the Commission's January 6 meeting, it considered a use permit to allow an assisted living residential facility located at he southeast corner of Cohasset Road and. Lassen Avenue. Staff indicated that it had forwarded a request for comment to the Butte County Airport Land Use Committee (ALUC) and that it had not responded to the request. Subsequent to the meeting, it was brought to City staffs attention that ALUC staff had no record of receiving a request for comment on the subject matter (a letter from ALUC staff, dated January 9 is attached). After reviewing the use permit file, it has been determined that no record 'of sending the request is verifiable. Staff had concurred to send . the request despite not being legally bound to seek comments from ALUC in this instance. The project site was determined to, be outside of the Airport approach/departure safety zone and the 55 db noise contour area and to be consistent with the City General Plan Office designation. The R -P Residential - Professional Office zoning district allows residential use with a use permit. City staff has taken the position, based on Commission's. concern, that development - proposals in proximity to the Airport approach zone be forwarded to ALUC for its advisory comment. Future staff reports will include a discussion of comments requested and received. The Planning Division's standard _Request for Comment form will be attached noting all agencies and interested parties 'contacted : for comment. Attachment: Letter from Paula Leasure, ALUC, dated January 9, 1997 CC: CM Info/CDD/AP Palmeri . Jeff Kraus, Spectrum Real Estate Group, 3300 East First Avenue, Suite 490, Denver, Co. 80206 Drake -Dufour General Partnership, 1350 East Lassen, Ste 1, Chico, Ca 95926 Paula Leasure, Butte County ALUC 3an-09-97 05:10P • P_01 I BUTTE COUNTY AIRPORT LAND USE COMMISSION I Department of Development Services - 7 County Center Drive, Oroville, CA 95965 -- (916) 538-7601 FAX (916) 538-7785 t Post;,V brand fax' ''nsmittal memo 7671 I # of pages 0, January 9, 1997 b Fax # Fax # 77 / (�' I Tom Hayes, Planning Manager - City of Chico P. 0. 3420 Chico, CA 95927 Re: ALUC Review of Assisted Care Facility located at the Southeast corner of Cohasset.and Lassen Ave. Dear Tom: It is my understanding that the City of Chico Planning Commission held a public hearing regarding a Use Permit for an assisted care facility on Monday January 6, 1997. At this meeting it was stated that ALUC staff was contacted and did not have a problem with the proposal. Unfortunately, ALUC has no record of receiving a request for comments, nor does ALUC staff recall having discussed this proposal with City of Chico staff. Based on the location of this project, ALUC staff would have issued preliminary comments only and set a date for presenting the proposal to the Commission for Consistency Findings. ` When requesting comments from the Airport Land Use Commission, please make sure all communications are specifically directed to ALUC. Past experience indicates that items addressed to the Butte County Planning Department do not get routed to the Commission. If you have any questions, please call Monday through Thursday, between the hours of 8:00 a.m. and 4:00 p.m. Sincerely, Paula Leasure Principal Planner cc: Commissioner Jeff Carter n rg Date -113Q, To =Ph_11 r - 0 a -:Hour WHILE YOU WERE OUT M Of ' Of Phone Area Code F�X Area Code Phe y Phone # (.� �79Q Telephoned Returned Call . • Left Package Please Call Was In Please See Me d, Will CaI1�Again Will Return Important Message y Please Call Was in V- C -f f ,nA U Will Return. - ' a Messa a ,f j ' Y` Y Signed • • I l '� T -- ------ Signed n rg Date -113Q, To =Ph_11 r - 0 a -:Hour WHILE YOU WERE OUT M Of ' Of Phone Area Code F�X Area Code Phe y Phone # (.� �79Q Telephoned Returned Call . • Left Package Please Call Was In Please See Me d, Will CaI1�Again Will Return Important Message y Please Call Was in V- C -f f ,nA U Will Return. - ' a Messa a ,f j ' Y` Signed Date To 1 R Hour '.t'WHILE-YOU M WERE .. ' Of r 'Phone Area Code Phone #^ 7t 1 FAX, Area Code �. Phone # � •' Telephoned Returned Call Left Package , Y i , Please Call Was in Please See Me Will Call Again Will Return. - ' - Important Messa a ,f j ' Y` -- ------ Signed J` � •' � rr ., , Y i , J . k _ f� J` oil i i f , (-00 Cory �pp� Sad /{/- FAX TRANSMITTAL MEMO To: `c��Y�'l� From: Co.: Co.: Dept.: �L�/ 1 i� L !� Phone: 767 1 Fax: Fax: No. of pages including cover sheet: 49 FAXED