HomeMy WebLinkAboutCOUNTY OF BUTTE AIRPORT LAND USE COMMISSIONCOUNTY OF BUTTE
AIRPORT LAND USE COMMISSION
Minutes of September 16,1998
ITEMS WITHOUT PUBLIC HEARINGS
2. Discussion"and Possible Clarification of the Commission's August 19, 1998 Recommendation
to the Board of Supervisors regarding application of Butte County's Proposed Flexible Lot Size
Ordinance within the Airport Planning Areas
Commissioner Gerst said he would like to make a motion that no more clustering be permitted in the
Airport Planning Areas under the Planned Unit Development (PUD) provision of the Zoning Code.
Chairman Hennigan asked if Commissioner Gerst meant under the existing PUD?
Commissioner Gerst said yes.
Chairman Hennigan said a rezone is required to create clustering via a PUD, and that such a
legislative action would require the applicant to come before the ALUC for review.
The motion did not pass for.lack of a second.
■ Butte County Airport Land Use Commission ■ Minutes of September 16, 1998 ■ Page 1 ■
B=E COUNTY AIRPORT LAND USE COMMISSION
■ 7 County Center Drive, Oroville CA 95965 ■ (916) 538-7601 FAX (916) 538-7785 ■
REGULAR MEETING OF THE COMMISSION
Location: Butte County Administration Building, Supervisors' Chambers
25 County Center Drive, Oroville California
COMPLETE PACKET
Date/Time: September 16, 1998 - 9:00 a.m. BINDER
AGENDA 4A
ALL ITEMS ARE OPEN FOR PUBLIC COMMENT
A. - PLEDGE OF ALLEGIANCE
B. ROLL CALL
C: APPROVAL OF THE MINUTES: August 19, 1998
D. _ ACCEPTANCE OF THE AGENDA (Committee members or staff may request additions, deletions, or changes
in the Agenda order)
E. BUSINESS ITEMS:
Items with Public Hearings
rl�
047-250-141: The Commission will review and discuss the minimum lot size requirement
which was effective within .the Butte County .SR (Suburban. Residential) zoning district when
the 1978 Chico Municipal Airport Environs Plan'was prepared and suggest modifications to
the referenced condition, if necessary.
Items without Public Hearings
2. Discussion and Possible Clarification of the Commission's August 19, 1998
Recommendation to the Board of Supervisors regarding application of Butte County's
Proposed Flexible Lot Size Ordinance within the Airport Planning Areas* During the
August 19, 1998 meeting, the ALUC was given the opportunity to comment on Butte County's
proposed Flexible Lot Ordinance. The Commission recommended that the ordinance not be
applied within the Airport Planning Areas until after the updated CLUP has been adopted and
- the ALUC has the opportunity to reconsider the ordinance and its application within the Airport
Planning Areas"at that time. Commissioner Gerst would like to clarify the recommendation
with the Commission as he feels it did not accurately reflect the intent of his motion.
■ Butte County ■ Airport Land Use Commission in
1 -
3. Discussion of Standard Operating Procedures for the Airport Land Use Commission:
Chairman Hennigan will present materials and suggestedprocedures for the Commission's
consideration.
4. Report on the Status of the CLUP Update: Staff will provide the Commission with an
update on the status of work program refinements, contract execution and the anticipated
timing of the first Consultant/ALUC Meeting.
5. Consideration of the California Pilot's Association Offer of Legal Intervention to Force
the County of Butte to Reinstall the Signs Required as Mitigation for the North Chaco
Specific Plan (CSA 87); This item was placed on the agenda at the request of Chairman
Hennigan.
Discussion of City of Chico Response to Commissioner Rosene's August 18, 1998
Correspondence: This item was placed on the agenda at the request of Commissioner
Rosene.
F. MONTHLY STATUS REPORT
G. CORRESPONDENCE
H. PUBLIC COMMENT ON ITEMS NOT ALREADY ON THE AGENDA
(Presentations will be limited to rive minutes. The Airport Land Use Commission is prohibited by State Law from taking
action on any item presented if it is not listed on the agenda.)
I. ADJOURNMENT
Any disabled person needing special accommodation to participate in the Commission proceeding is requested to contact Paula
Leasure at (916) 538-7601 prior to the meeting and arrangements will be made to accommodate you.
'Any person may address the Commission during the "Business From the Floor" segment of the Agenda..
Copies of the Agenda documents relative to and Agenda item may be obtained from the Clerk of the Commission at cost of $.08
per page.
11
■ Butte County ■ Airport Land Use Commission m
2
1
3
4
6
8
9
10
11
12
13
14
15
16
17
32
33
34
35
36
37
38
39
COUNTY OF BUTTE
AIRPORT LAND USE COMMISSION
Minutes of August 19,1998
5. ALUC Review of Proposed Butte County Flexible:Lot Size Ordinance
Mr. Parilo summarized the proposed Flexible Lot Size Ordinance prepared by the Department of
Development Services. He mentioned that the Planning Commission made a recommendation to
support the concept at their July 23, 1998 meeting, and that it is scheduled to be considered by the
Board at their September 22, 1998 meeting for possible adoption.
Chairman Hennigan said he would like to see more information from someone with resources like
the University of California Berkeley, Institute of Transportation Studies, before changing ALUC's
policies near the airport.
Mr. Parilo said clustering will result in a greater amount of Open Space, to which a disabled aircraft
could possibly direct an emergency landing.
Members of the Commission expressed support for clustering in certain locations such as Timber
areas and locations with high fire hazards, but had considerable reservations regarding application
of the ordinance within the airport areas of influence.
It was moved by Commissioner Gerst, seconded by Commissioner Koch, and carried unanimously
that application of the proposed ordinance exclude the adopted Airport Planning Areas until the
Comprehensive Land Use Plans are complete, at which time, the Airport Land Use Commission could
revisit the ordinance and address its application within those areas.
Mr. Parilo questioned if this was a recommendation that the Board specifically preclude this
ordinance from applying to the airport planning areas?
Commissioner Koch said yes. He also added that after the updated CLUP's have been adopted, as
a secondary issue the ALUC will review and consider application of the Flexible Lot Size. Ordinance
within the Airport Planning Areas and may make specific recommendations to the Board that they
change the ordinance in some way.
Mr. Parilo asked that if the Board feels that it should apply the ordinance now, would the ALUC like
to offer any other specific recommendations that the Board could consider including into the Flexible
Lot Size Ordinance?
Commission members responded that without more information from the CLUP consultant or other
credible sources, they did not feel comfortable making specific recommendations and chose to adopt
the motion made by Commissioner Gerst.
■ Butte County Airport Land Use Commission ■ Minutes of August 19, 1998 ■ Page 1 ■
1 Chairman Hennigan directed staff to develop guidelines for addressing cluster development with
2, airportareas, particularly with the cooperation of the CLUP consultant or pointing the ALUC to the
3 proper resources, such as copies of studies other agencies have produced.
■ Butte County'Airport Land Use Commission ■ Minutes of August 19, 1998 ■ Page 2 ■
BUTTE COUNT 1IRPORT LAND US310
MMISSION
�\ ■ 7 County Center Drive, Oroville CA 95965 ■ (916) 538-7601 FAX (916) 538-7785 ■
REGULAR MEETING OF THE COMMISSION
Location: Butte County Administration Building, Supervisors' Chambers
25 County Center Drive, Oroville California
Date/Time: August 19, 1998 - 9:00 a.m.
A.
B.
C.
D.
E.
AGENDA
ALL ITEMS ARE OPEN FOR PUBLIC COMMENT
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF THE MINUTES: July 15, 1998
ACCEPTANCE OF THE AGENDA (Committee members or staff may request additions, deletions, or
changes in the Agenda order)
BUSINESS ITEMS:
Items with Public Hearings
1.. ALUC File No. A98-09 (Butte County Use Permit UP98-27- - Ruddy Creek
_ Partnership) on APN 030-360-082, 083 and 084: A request for consistency
findings for a use permit to create a 156 space manufactured housing community
to be operated as a mobile home park on property zoned AR. (Agricultural
Residential). The project site is located on the southeast corner of Feather Avenue
and 18th Street (Thermalito). Staff recommends that the Commission find the
project consistent with the 1985.Oroville Airport Comprehensive Land Use Plan.
2. Butte County Development Agreement (DEV99-01 - Robert and Ann
Stephens/George Kammerer) on APN 047-250-141: A request for Consistency
Findings for a Development Agreement to define the development rights for a 230
acre site proposed for a Rezone from SR -1 and SR-1/OS to Planned Development
(PD)/SR-1 on 126 acres and from OS (Open Space) to PD/SR-3/OS on 103 acres.
The project site is located on the west side of Hicks Lane immediately adjacent to
the Chico Municipal Airport, generally between Keefer Slough and Mud Creek.
Staff recommends that the Commission find the project consistent with the 1978
Chico Municipal Airport Environs Plan.
i
■ Butte County ■ Airport Land Use Commission ■
3. Possible Amendments to the ALUC By -Laws: The Commission will consider
amendment of the current By -Laws to address participation by Alternates in
Commission discussions and staff membership on Commission Subcommittees.
This item was placed on the agenda at the request of Chairman Hennigan.
Items without Public Hearings
4. Consultant Selection for Butte County Comprehensive Airports Land Use
Plan: Staff and the Airport Land Use Commission Subcommittee recommend that
the firm of Shutt Moen Associates be selected to prepare the Butte County
Comprehensive Airports Land Use Plan. The Commission's recommendation will
be forwarded to the Butte County Board of Supervisors.
5. ALUC Review of Proposed Butte County Flexible Lot Size Ordinance: The
Commission will review and comment on the proposed ordinance prepared by the
Butte County Department of Development Services, Planning Division to allow
"clustered" development patterns where appropriate within the County.
6. ALUC Review of Procedures for Staff Courtesy Comments to Agencies: This
item was placed on the agenda in response to the request made by the
Commission during the July 15, 1998 meeting.
7. ALUC Response to City of Chico Letter dated July 2. 1998 regarding Chico
Municipal Airport FAR Part 150 Noise Compatibility Program: This item was
placed on the agenda at the request of Chairman Hennigan.
F. MONTHLY. STATUS REPORT
G. CORRESPONDENCE'
H. PUBLIC COMMENT ON ITEMS NOT ALREADY ON THE AGENDA
(Presentafions will be limited to five minutes. me Airport Land Use Commission is prohibited by State Law from
taking action on any item presented if it is not listed on the agenda.)
I. CLOSED SESSION
NONE
J. ADJOURNMENT
Any disabled person needing special accommodation to participate in the Commission proceeding is requested to
contact Paula Leasure at (916),538-7601 prior to the meeting and arrangements will be made to accommodate you.
*Any person may address the Commission during the "Business From the Floor" segment of the Agenda.
*Copies of the Agenda documents relative to and Agenda item may be obtained from the Clerk of the Commission at
cost of $.08 per page.
■ Butte County ■ Airport Land Use Commission ■
+B=E COUN* AIRPORT LAND US11COMMISSION, +
• 7 County Center Drive, Oroville, CA 95965 • (916) 538-7601 FAX (916) 538-7785 •
AGENDA ITEM - E. 5.
TO: Honorable Chair and Airport Land Use Commission
FROM: Laura Webster, ALUC Staff _
DATE: August 3, 1998
ITEM: ALUC Review of Proposed Butte County Flexible Lot Size Ordinance
FOR: Airport Land Use Commission Meeting of August 19, 1998
Attached for the Commission's review and comment is the proposed ordinance prepared
by the Butte County Department of Development Services, Planning Division to allow
flexible lot sizes ("clustered" development patterns) where appropriate within the County.
Comments and recommendations generated by the ALUC will be forwarded to the
Planning Division for consideration by both the Butte County Planning Commission and
Board of Supervisors.
I
'• Butte County • Airport Land Use Commission •
•
TO:.. Honorable Chair and Planning Commission
FROM: Department of Development Services
DATE: June ,15, 1998
REQUEST: 1) Amendment of the General Plan to accommodate the proposed Flexible Lot
Size Provisions.
2) Revision of the Zoning Ordinance to incorporate the Flexible Lot Size
Provisions.
RELATED
ITEMS: None
FOR: Planning Commission Meeting of July 23, 1998.
SUMMARY: Staff has prepared and recommends Planning.Commission adoption of text changes
to the General Plan and Zoning Ordinance that will allow for implementation and use of the
proposed Flexible Lot Size Provisions. The proposed text changes affect
several sections of the General Plan and Zoning Ordinance.
On the basis of an Initial Study prepared by staff, adoption of proposed text amendments will not
1 have a significant effect on the environment. Adoption of a Negative Declaration is recommended.
PROPOSED GENERAL PLAN AND ZONING ORDINANCE TEXT AMENDMENTS:
General Plan Amendments. In order to revise the Zoning Ordinance and ensure that it is consistent
with the General Plan, it is necessary to amend the General Plan to accommodate the Flexible Lot
Size Provisions. Staff has prepared draft text for inclusion in the Land Use Element of the General
Plan in two subject areas, as follows:
1) Reference to use of Flexible Lot Size Provisions. _
2) Provision for density transfer.
Draft General Plan Amendment text is contained in Attachment "A", attached. The "enabling"
General Plan Amendment language contained in Exhibit "A" must be adopted before the Zoning
Ordinance revisions can be adopted.
Zoning Ordinance Revision. Staff has prepared draft Zoning Ordinance text_ for three subject areas
related to the Flexible Lot Size Provisions, as follows:
1) New Section 24-267 Flexible Lot Size Provisions.
2) Amendment to the Site Requirements sections of the AR -1 through AR -10, FR -1 through FR -
160, MR, RT -1A, SR -1 through SR -5, TM -1 through TM -160, and U zones to reference the
provisions of new Section 24-267.
■ Butte County Development Services 0 Planning Division 0 Page 1 ■
3) Addition of a definition for. the term "density", to be added to Article VI.
Draft Zoning. Ordinance text is contained in Exhibit "B", attached.
ANALYSIS: ---
Background. The proposed Flexible Lot Size Provisions have been initiated by staff and Planning
Commission in response to the need for a land use mechanism that provides an alternative to both
the standard subdivision provisions and the planned unit development (PUD) provisions. While the
Zoning Ordinance currently contains PUD provisions, it has allegedly not been utilized because of
content and processing requirements. Following are the primary reasons for the new ordinance:
o The current County General Plan and Zoning Ordinance lack effective mechanisms that would
permit creation of clustered, or flexible lot, residential developments.
a Aside from the existing Planned Unit Development (PUD) zone, the Zoning Ordinance
includes no provision that would allow or encourage any other form of residential development
other than conventional lot and block subdivision based on minimum lot size standards.
o The PUD zone, while allowing a high degree of flexibility in subdivision design, is not widely
used because it requires rezoning, common areas, and a homeowners' association. The PUD
process is generally viewed as a cumbersome and time-consuming process.
o Reliance on conventional subdivision design in many situations results in land use problems,
including building in hazardous areas (including .100 -year flood zones) and building in areas
with scenic, environmental, agricultural, or historic or prehistoric significance.
o The Flexible Lot Size Provisions will encourage innovative subdivision designs and
preservation of open space for a wide range of purposes.
As the Commission will recall, at the August 28, 1997 Planning Commission meeting, staff
presented a report that described the concept for the Flexible Lot Size Provisions. At that time, the
Commission provided direction to staff relative to agricultural zones, second dwellings, and open
space. A concept ordinance was subsequently presented to the Commission at a noticed workshop
conducted on February 26, 1998. Additional direction was provided by the Commission at that time.
The attached draft ordinance (Exhibit "B") reflect direction provided by the Commission at the
February 26, 1998 workshop and revisions suggested by the County Counsel's office.
Effect of Text Changes. Staff has formulated the proposed Flexible Lot Size Provisions primarily .
for the. purpose of providing flexibility in subdivision design, encouraging better design, and
preserving open space. A summary of benefits of the Flexible Lot Size Provisions are listed below:
a Avoids hazardous areas (e.g., 100 -year flood zones), and preserves environmentally sensitive
areas (e.g., wetlands, special -status species habitat, critical winter deer habitat areas,, etc.) and
productive agricultural and timber lands.
• Butte County Development Services 0 Planning Division ■ Page 2 0
9
o Reduces infrastructure costs by reducing the length of streets and water and sewer lines and
by potentially reducing street width requirements.
oRetains permanent open space for a variety of natural resource purposes while precluding
development that may conflict with neighborhood desires.
o Facilitates innovative development concepts.that will achieve greater consistency with General
Plan land use policies.
o Projects which attain a higher degree of consistency with the General Plan may have a
tendency to proceed through the review process more efficiently and receive greater support
of staff and decision -makers.
o Increases open space within residential projects that may include active and passive recreation
features that reduce demand for public park land.
o Maintains property values and tax values while retaining permanent open space and
maximizing residential density.
o Reduces time and cost associated with individual property maintenance.
o Potentially reduces application processing costs by avoiding detailed environmental analysis
of land designated as permanent open space.
ENVIRONMENTAL DOCUMENTATION:
The proposed General Plan Amendment. and Zoning Ordinance text revisions are not exempt from
the requirements of the California Environmental Quality Act (CEQA). Accordingly, an Initial Study
has been prepared which assesses the potential environmental impacts of the proposed amendments.
On the basis of the Initial Study/Negative Declaration (see Exhibit "C", attached), staff finds that
environmental impacts that may result from adoption of the proposed General Plan and
Zoning Ordinance text changes will be less -than -significant.
RECOMMENDATION:
Environmental Determination. Adopt a Negative Declaration for text amendments to the Zoning
Ordinance and General Plan, as proposed.
General Plan Amendment. Adopt the draft text contained in Exhibit "A":
Zoning Ordinance Revision. Adopt the draft text contained in Exhibit "B".
FINDINGS:
Section 1: Environmental Findings.
■ Butte County Development Services 0 Planning Division ■ Page 3 ■
.l
•
A. The Initial Study prepared for the amendments to the Zoning Ordinance and the General Plan,
prepared in compliance with the California Environmental Quality Act, supports the adoption
of a Negative Declaration. .
Section 2: General Plan and Zoning Findings.
A. Find _that the proposed amendments adopting flexible lot size provisions and policies are
consistent with the Land Use Element and all other elements as a whole, because residential
densities will not be exceeded and the flexible lot size provisions will permit better
implementation of other General Plan policies to avoid sensitive resource areas in the County.
B. Find that the proposed changes to Chapter 24 of the Butte County Code are consistent with the
policies of the General Plan and are being adopted specifically to implement the new flexible
lot size policies.
Section 3. Action.
A. Recommend that the Board of Supervisors adopt a resolution amending the General Plan Land
Use Element to include provisions and policies for flexible lot sizes as stated in attached
Exhibit "A".
B. The proposed changes to the Zoning Ordinance are consistent with the General Plan, as
amended. Recommend that the Board of Supervisors adopt an ordinance amending Chapter
24 of the Butte County Code adopting flexible lot size requirements as stated in attached
Exhibit "B"
Attachments: Exhibit "A" Proposed General Plan Amendments
Exhibit "B" Proposed Zoning Ordinance Revisions
Exhibit "C" Draft Initial Study/Negative Declaration
0 Butte County Development Services ■ Planning Division a Page 4 ■
Exhibit "A"
PROPOSED GENERAL PLAN AMENDMENTS
Proposed new text for Land Use Element.-
7.5
lement.7.5 Flexible Lot Size Provisions
The county contains significant agricultural, scenic and environmental resources and hazards that
warrant, preservation or avoidance, while allowing for development of nearby lands. Flexibility in
the application of development standards, will allow for development to occur while preserving these
resources to the maximum extent possible.
This flexibility in development design is not intended to provide for attainment of higher residential
densities than would otherwise be permitted by the General Planor applicable Zoning, district.
Policies
7.5.a. Allow development to occur based upon either minimum lot size or average density, using
variable lot sizes, in appropriate General Plan land use designations, provided that the
density of the existing Zoning district is not exceeded. When the use of density averaging
results in open space parcels, a mechanism shall be provided to protect the open space area
from future development.
7.5.b. Provide for Flexible Lot Size Provisions in appropriate Zoning districts that allow ' for
flexibility in the siting of residential- development and the preservation of open space.
7.5.c Allow for the transfer of residential density between parcels within a single development
area, including between General Plan land use designations and Zoning districts. Density
transfers shall only occur under a development agreement or other acceptable mechanism
administered by the County of Butte.
■ Butte County Development Services ■ Planning Division ■ Page 5 ■
0
Exhibit "B"
PROPOSED ZONING ORDINANCE REVISIONS
Proposed addition to Article VI DEFINITIONS
24-305.099 Density
Residential density is the number of dwelling units per acre when 1 or more dwellings would be
permitted on an acre (e.g., 4 dwellings/acre). When more than 1 acre is required per dwelling,
density is expressed as the number of acres per dwelling (e.g., 5 acres/dwelling or 1 dwelling per 5
acres). Density can be expressed as "gross density" or "net density", as defined below:
Gross density - the number of dwelling units divided by the total area of a parcel or project, inclusive
of all easements and rights-of-way.
Net density - the number of dwellings per acre, where the site area used in the calculation does not
include access easements, rights-of-way, land dedicated to and accepted by a public
agency, or the surface area of any water body.
Net density shall be used when, as allowed by Zoning, a project proposes more than 1 dwelling per
acre.
Proposed text reference to Flexible Lot Size Provisions: Thefollowing P ,f f g text would-be added to each
of the "Site Requirements " section of the following Zoning districts to permit use of the Flexible Lot
Size Provisions. Applicable zoning districts: AR -1, AR -2-1/2, AR -5, AR -10, FR -1; FR -2, FR -3, FR -
5, FR -10, FR -20, FR -40, FR -160, M -R, R=T-1-A, SR -1, SR -3, SR -5, TM -J, TM -2, TM -2-1/2, TM -3,
TM -5, TM -10, TM -20, TM -40, TM -160, and U.
Flexible Lot Size Provisions: Land Divisions may be designed and processed in accordance with
the Flexible lot size provisions of Section 24-267. In such instances, the site requirements described
for this zoning district shall not apply. Land division applications proposing to use the provisions
of Section 24-267, Shall be so identified. Land divisions may be designed and processed
By way of example, the application of this change would as shown below:.
SECTION 24-95.10 AR THROUGH AR -10 SITE REQUIREMENTS
Areas and setbacks are minimum requirements unless otherwise stated.
Zone District
Lot Area
Lot
Front Yard
Side Yard
Rear Yard
Width
Setback
Setback
Setback
AR
See Section
65
20'*
5'
5'
24-75
AR -1 /2
'/2 acre
65'
20'*
5
5'
■ Butte County Development Services ■ Planning Division 0 Page 6 0
AR -1'
1 acre
130'
20'*
10'
10'
AR -2.5'
2.5 acres
130'
20'*
10'
10'
AR -5'
5'acres
130'
20'*
10'
10'
AR -10'
10 acres
130'
20'*
10'
10'
11
1 - Flexible Lot Size Provisions - Land Divisions may be designed and processed in accordance with the Flexible lot
size provisions of Section 24-267. In such instances, the site requirements described for this zoning district would not
apply. Land division applications proposing to use the provisions of Section 24-267, shall be so identified.
*Minimum front yard setback shall be twenty (20) feet from the edge of the ultimate right-of-way from all public or
private roads except where the road is classified as a Federal Aid Road, in which case the setback shall be twenty-five
(25) feet from the edge of the ultimate right-of-way.
46
J
■ Butte County Development Services ■ Planning Division ■ Page 7 0
SECTION 24-267 FLEXIBLE LOT SIZE PROVISIONS
A. Purpose and Intent: The purpose and intent of the Flexible Lot Size Provisions contained
in this section is to increase the retention of natural resources, open space, and wildlife
habitat, avoid hazardous areas, and further implement the goals and policies of the Butte
County General Plan. Following are specific goals, of the Flexible Lot Size Provisions:
1. Provide an incentive to create quality residential developments, particularly
where special conditions exist that prevent the attainment of the maximum
permitted density of a property that could otherwise be attained through
conventional subdivision design.
2. Require the avoidance of hazardous areas (e.g., 100 -year flood zones) and
preservation of environmentally sensitive areas (e.g., wetlands and special -status
species habitat), productive agricultural and -timber lands, and important cultural
and scenic resources.
3. Facilitate innovative development concepts that achieve greater consistency with
the Butte County General Plan.
4. Provide permanent open space for a variety of natural resource purposes.
5. Preclude additional development that may conflict with neighborhood quality of
life.
6. Provide increased open space which may include, active and passive recreation
features that reduce demand for public park land.
7. Reduce infrastructure requirements by reducing the length of streets and water
and sewer lines'and by potentially reducing street width requirements.
B. Applicability: The provisions contained in this section are applicable, as described
below:
1. Processing Requirement,,.: Allowed by right in all residential zoning districts that
allow Flexible Lot Size Provisions, as specified in this section. A conditional use
permit, planned unit development (PUD), or other rezoning application is not
required.
2. Applicable Parcel Size: Parcels that could potentially be subdivided based on the
minimum lot size specified in the applicable zoning district:
3.. Annlic� ability: All subdivisions, parcel maps, and parcel map waivers regardless
of the number of lots proposed.
0 Butte County Development Services ■ Planning Division ■Page 8 0
t
x. 4. Optional Use: Use of the Flexible Lot Size Provisions is optional. Persons
wishing to subdivide and develop land may utilize this section or may proceed
under other existing County Code requirements without use of these provisions.
5. Reference to Flexible Lot Size Provisions: Residential development applications
submitted pursuant to this section shall be clearly identified as being so -designed
on the tentative map.
C. Preliminary Al2plication Requirements: The following processing procedures apply to
the Flexible Lot Size Provisions. These procedures must be followed once a decision has
been made to utilize the Flexible Lot Size Provisions. Subsequent to completion of the
steps described in this sub -section, a formal application filed pursuant to the Flexible Lot
Size Provisions shall be processed and acted upon in accordance with standard provisions
of the County Code governing tentative map waiver and applications, as specified in sub-
section D.
1. Preliminary Determination: Applicants proposing to utilize the Flexible Lot Size
Provisions shall submit information specified in sub -section C.2. below. It is
also recommended that applicants meet with County Development Services
Department staff prior to filing of a preliminary application. At this meeting, staff .
will discuss the submittal and processing requirements of the Flexible Lot Size
Provisions, as they apply to the proposed development.
2. Supplementary Application Materials: The following materials shall be _
_
submitted.
a. Opportunities and Constraints Map. ino: At a minimum, this mapping
shall illustrate land not suitable for development, as described,in sub-
section G.1 of this section. (Information may be obtained from the
County and other sources.)
b. .--C'.oncentual Development Plan: The Conceptual Development Plan shall
identify building lots/sites (including a description of the maximum
number of lots), roads, open space areas, and other features based on the
Opportunities and Constraints Mapping. In- addition, the Conceptual
Development Plan shall address all items listed in sub -sections G (except
G.3), H and I. Where appropriate, information may be provided in
narrative form.
3. Preliminary Review Meeting Once a preliminary application has been submitted,
Development Services Department staff shall. schedule a Preliminary Review
Meeting that includes the applicant and representatives from the Development
Services. Department, Environmental Health Division, Public Works
Department, County Fire Department, and any other agency with applicable
interest in the proposed development site. The purpose of this -meeting is to
provide the following preliminary direction to the applicant: 1) Identify any
potential inconsistencies with County ordinances and policies, 2) Identify design
0 Butte County Development Services 5 Planning Division 0 Page 9 ■
E
0
components and filing requirements recommended for the formal tentative
subdivision map application, 3) Discuss the review process, 4) Identify potential
environmental impacts, and 5) Identify special studies that may be required to
accompany the formal application. Any direction given shall be preliminary and
is.subject to further refinement or change as the application progresses to and
through the formal application process.
Following the meeting, the Development Services Department shall send a letter to the applicant
describing recommended direction, additional filing requirements for the formal application, and
other determinations reached at the meeting.
4. E=: A fee may be charged to cover County staff time, in the Preliminary
Application Processing in accordance with Articles IV and IX of the Butte
County Code.
D. Formal Application Requirements: Following completion of the preliminary application
processing steps set forth, in sub -section C, development applications utilizing the
Flexible Lot Size Provisions shall follow standard County Code requirements governing
tentative subdivision, parcel map and parcel map waiver applications.
E. Development Standards: Development applications. designed and submitted pursuant to
the Flexible Lot Size Provisions. shall adhere to the development standards for the zoning
l district applicable to the property, except as modified below:
J.
1. Determination of Allowable Density: The maximum number of residential lots
or units. of a development submitted under the Flexible Lot Size Provisions shall
be calculated based on the zoning and acreage applicable to the land to be
developed.
2. Minimum Lot Size Requirement: Residential density is solely a function of the
zoning district applicable to the land at the time development is proposed. Lot
size is flexible -and can be variable; there is no minimum or maximum lot size
requirement, as long as the County's building code, health and safety, firesafe,
and other applicable regulations are met.
3. Subdivision Man Notation: Final Subdivision and parcel maps shall include a
notation that stipulates that the parcels created under the provisions of this
section cannot be further divided except remainder parcels in phased
developments, as provided in sub -section H of this section.
4. Building SetbacksNard Area and Lot Dimension .Requirements: Building
setback and lot dimension requirements are flexible. Lots may be designed with
building envelopes instead of conventional building setbacks. Building areas
must be delineated on the tentative and recorded subdivision maps, and must
specify permitted uses in each envelope area. Areas outside of established
building envelopes will not require establishment of open space easements, but
management standards may be established.
0 Butte County Development Services 0 Planning Division ■ Page 10 ■
1 All site development shall be consistent with the County's firesafe requirements and Public
Resources Code 4290.
5. Street Design: Street improvements shall be governed by the following factors:
a. ' Deviation from conventional road'and sidewalk requirements may requested
by the applicant. The decision making body may approve deviations depending
upon project design, site conditions, and other factors.
b. Streets may be privately owned and maintained, or may, be proposed for
dedication to the County.
C. All street design standard shall be. approved for safety by the Director of Public
Works and the County Fire Marshal
F. Permitted Uses/Accessory+ Uses: Except as noted herein, all land uses permitted in the
applicable zoning district shall be permitted under the Flexible Lot Size Provisions.
Where modifications in lot design standards have occurred, as provided for in this
section, there may be limitations on certain permitted and accessory uses due to lot
coverage restrictions and/or setbacks prescribed in the applicable zoning district. Uses
allowed in dedicated open space shall be limited as described in sub -section G.
Exceptions:
1. Second Units: Second units are allowed in projects submitted under the Flexible
Lot Size Provisions, where allowed by the underlying zoning district; provided
however, that the total density for the project is not exceeded.
G., Open Space Requirements: The following requirements apply specifically to areas
identified as dedicated open space in Flexible Lot Size developments:
1. Land Not Suitable for Development: Dedicated open space areas shall contain
all, land not suitable for development, including the following. Primary Areas.__
must be avoided and reserved as permanent open space in all instances. In some
instapces, the decision making, body may require that Secondary Areas or
portions of Secondary Areas, be avoided.
a. Primary Areas
1. 100 -year flood zones.
2. Wetlands, riparian areas and other sensitive biological habitats.
3. Prime agricultural land.
Orchard and field crop areas.
b. . Secondary Areas
1. Timber areas.
2. Scenic areas.
0 Butte County Development Services 0 Planning Division ■ Page 11 N
i
3. Historic areas.
4. Deer migration, established fawning and winter range areas.
5. Unstable slopes.
6. Grazing and open space lands.
2. Open Space/Conservation Easement Required: Areas not designated for
development shall be reserved as open space pursuant to sub -section G.7.
Remainder lots in phased developments identified as being reserved for potential
future development are exempted from this requirement (see sub -section H).
3. en Space Management Plan Required: Public and private open space shall be
maintained in accordance with an open space management plan acceptable to and
approved by the County. Such plans shall provide the following, at a minimum:
a. Grass and brush clearing for fire fuel management.
b. Erosion control.
c. Stormwater drainage facilities, including ditches. and detention basins.
d. Other natural resource management activities and uses..
Open space management plans shall include provisions for long-term maintenance that
will not result in a fiscal impact on the County.
4. Open Space Minimums: The amount of open space reserved in a project shall
vary in accordance with the following provisions:
a. For projects in zoning districts with.a minimum lot size requirement of
5 acres or less, open space requirements shall be based solely on the
constraining site features, as described in sub -section G-1.
b. For projects in zoning districts with a minimum lot size requirement of
greater than 5 and less than 40 acres, a minimum of 50 percent of the total
project site shall be dedicated as permanent open space.
The 50 percent open space dedication requirement does not apply in instances where there are
no areas unsuitable for development (as described in sub -section G.1).and the subdivision design
merely proposes a variety. of lot sizes.
C. For projects in zoning districts with a minimum lot size requirement of
40 to 160 acres, a minimum of 80 percent of the total project site shall be
dedicated as permanent open space.
5. Uses Permitted in Dedicated Open ` =: Uses and activities within dedicated
open space shall be compatible with open space land. Following is a
representative listing of acceptable uses:
0 Butte County Development Services 0 Planning Division ■ Page 12 ■
a. Agriculture, including grazing and timber management, are permitted
uses where allowed by the underlying zoning district.
b. Resource conservation.
C. Wildlife management.
d. Recreational activities compatible with the objectives of the Open Space
Management Plan, as required by sub -section G.3.
e. Community wells, septic systems, and other sewage treatment systems.
f. Pedestrian, bicycle, and equestrian trails., Public access is not required;
by may be permitted subject to a public access easement has been
recorded.
g. Other similar uses, as determined through the application review process.
6. C antigu4: To the maximum extent possible, on-site open space areas should be
consolidated. or linked, and not fragmented. This will facilitate wildlife
movement, maintain functioning biological communities, and accommodate
recreational opportunities. Open space connections to adjoining land beyond the
project site should be anticipated and identified where practicable.
7. Perpetuity: Open space shall be guaranteed in perpetuity using one or more of the
following control mechanisms:
a. Dedication of a conservation (or open space) easement to the County,
other public agency or a public interest land trust.
b. Dedication of land in' fee -title to the County or other public agency.
.13
� 9.
C. Other appropriate mechanisms.
The above mechanisms may be used separately or in .combination with
development agreements, transfer of development credits, and density transfer
covenants, as provided for in sub -section I.
Access to Onen Space: To the extent practicable, all residential lots shall have
physical and/or visual contact with permanent open space. This is intended to
facilitate surveillance, foster routine maintenance, and improve the quality of life
of project residents through the integration of homesites into a permanent open
space setting.
Trails: Where pedestrian, bicycle, and/or equestrian trails are constructed in
dedicated open space areas, the, following requirements shall apply:
■ Butte County Development Services 0 Planning Division ■ Page 13 0
a. Environmentally sensitive areas shall not be impacted.
b. Privacy of proposed on-site and existing off-site residences shall not be
intruded upon.
C. Public access shall be permitted only where public access easements,
consistent with an adopted trail master plan, have been acquired.
H. Phased Development: Projects may beproposed for development in two or more phases.
Remainder portions may be proposed and set aside for further development. In such
instances, the following shall apply:
1. Land not proposed for immediate development shall be labeled "Remainder" on
the subdivision map.
2. The acreage of the Remainder may only be included in the calculation of
residential density of the developed area if a transfer of density (as addressed in
sub -sections G.7 and I) has been approved.
3. When development of the Remainder portion is proposed, a subdivision
application may be filed as a conventional development, Planned Unit
Development (PUD), or Flexible Lot Size development.
4. Residential density transfers shall also include lands set aside as permanent open
space.
5. Where phasing is proposed, open space and recreational facilities proposed for
the entire development area shall either be developed or guaranteed in proportion
to the number of dwelling units proposed on a phase -by -phase basis.
6. Under no circumstances shall phased development result in higher residential
density than is otherwise permitted by the zoning district.
I. Development Credit entity Transfer -
1. Transfer of development credit, or density, is permitted within parcels or across
parcel lines of contiguous parcels that are part of a single development proposal.
2. All development credit transfers shall be specified and governed by a
development agreement or other suitable instrument between the developer and
the County.
J.,
0 Butte County Development Services 0 Planning Division 0 Page 14 0
Lo LAU.
Ned: Name, File #
COUNTY OF BUTTE
INITIAL STUDY
EVALUATION OF ENVIRONMENTAL IMPACTS
L BACKGROUND:
1. Name of Proponent: County of Butte
2. Address: 7 County Center Drive, Oroville, CA 95965 Phone: (530) 538-7601
3. Name of Proposal, if applicable:. Flexible Lot Size Provisions
4. Type of Project: General Plan Text Amendment and Zoning Ordinance Amendment
5. Project Description and Location of Parcel(s): The proposed -Project addressed in this document consists of text
its to the Butte County Zoning Ordinance and General Plan, all of which pertain to the Flexible Lot Size.
Provisions. Following is a summary of proposed text changes; the actual draft text is contained in Exhibits "A" and
"B", which are attached to the staff report prepared for the Planning Commission meeting of July 23, 1998.
General Plan Amendments - In order to revise the Zoning Ordinance and ensure that it is consistent with the
General Plan, it is necessary to amend the General Plan Land Use Element to accommodate the Flexible Lot Size
Provisions, as follows:
7.5 Flexible Lot Site Provisions
l _
The county contains significant agricultural, scenic and environmental resources and hazards that warrant
preservation or avoidance, while allowing for development of nearby lands. Flexibility in the application of
development standards, will allow for development to occur while preserving these resources to the. mum
extent possrble This flexibility in development design is not intended to provide for attainment of higher residential
densities than would otherwise be permitted by the General Plan or applicable Zoning district
Policies
7.5.a. Allow development to occur based upon either minimum lot size or average density, using variable lot
sizes, in appropriate General Plan -land use designations, provided that the density of the existing Zoning
district is not exceeded. -When the use of density averaging results in open space parcels, a mechanism .
shall be provided to protect the open space area from future development
7.5.b. Provide for Flexible Lot Size Provisions in appropriate Zoning districts that allow for flexibility in the
siting of residential development and the preservation of open space.
7.5.c Allow for the transfer of residential density between parcels within a single development area, including
between General Plan land use designations and Zoning districts. Density transfers shall only occur under
a development agreement or other acceptable mechanism administered by the County of Butte.
Zoning Ordinance Revision: Zoning Ordinance text is proposed for three subject areas related to the Flexible
Lot Size Provisions, as follows: --
1) New Section 24-267 Flexible Lot Size. See attachment
0 Butte County Department of Development Services .0 Planning Division, 0
. 1
Project: Name, File #
2) Amendment to the Site Requirements sections of the AR -1 through AR -10, FR -1 through FR -160,
MR, RT -IA, SR -1 through SR -5. TM -1 through TM -160, and U zones to reference the provisions of
new Section 24-267 as follows:
Flexible Lot Size Provisions: Land Divisions may be designed and processed in accordance with the
Flexible lot size provisions of Section 24-267. In such instances, tfie site requirements described for this
zoning district. Land division applications proposing to use the provisions of Section 24-267, shall be
so identified
3) Addition of a definition for the term "density", to be added to Article VI:
24-305.099 Density
Residential density is the number of'dwelling units per acre when 1 or more dwellings would be permitted
on an acre (e.g., 4 dwellingstacre). When more than 1 acre is required per dwelling, density is expressed
as the number of aces per dwelling (e.g.; 5 acres/dwelling or 1 dwelling per 5 acres). Density can be
expressed as "gross density' or "net density", as defined belo*:
Grass density - the number of dwelling units divided by the total area of a parcel or project, inclusive of
all easements and rights-of-way.
Net density - the number of dwellings per acre, where the site area used in the calculation does not include
access easements, rights-of-way, land dedicated to and accepted by a public agency, or the surface area
of any water body.
f
6. Assessor's Parcel Numbers: County -wide. The proposed text amendments would have county -wide applicable in
the following zoning districts: AR -1, AR -2-12, AR -5, AR -10, FR -1, FR -2, FR -3, FR -5, FR -10, FR -20, FR40, .
FR- 160, M R, R T -1-A, SR -1, SR -3, SR -5, IM -1, TM -2, TM -2-1/2, TM -3, TM -5, TM -10, TM -20, TM40, TM -
160, and U —
7. Date Checklist Submitted: June 2, 1,998
EL' DETERMINATION:
On the basis of this initial evaluation:
✓ I find that the proposed project COULD NOT have a significant effect onthe environment, and a NEGATIVE
DECLARATION will be prepared.
■ 1 find that although the proposed project COULD have a significant effect on the environment, there will NOT be
a significant effect in this case because the mitigation measures described on an attached sheet have been added
to the project. A NEGATIVE DECLARATION with mitigation(s) will be prepared.
■ I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required
Prepared by: Randy Chafin
Date
0 . Butte County Department of Development Services 0 Planning Division 0,
2
Project: Name, File # .
Potentially
Significant
Less
Potentially Unless
Than
Significant Mitigation
Significant
- Impact Incorporated
Impact
DL ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
No
Impact
The environmental factors checked below could be potentially affected by this project, involving at least one impact that is "
a'Potentially Significant Impact" as indicated by the checklist on the following pages.
0 Land Use and Planning 0 Transportation/Circulation 0 Public Services
0 Population and Housing 0 Biological Resources 0 Ublities and Savioe Systems
0 Geophysical 0 Energy and Mineral Resources 0 Aesthetics
0 Water 0 Hazards 0 Cultural Resources
0 Air Quality 0 Noise 0 Recreation
EVALUATION OF ENVIRONMENTAL BIPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by
the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer
is adequately supported if the referenced information sources show that the impact simply does not apply to projects
like the one involved (e.g. the project falls outside a fault rupture zone).. A "No Impact" answer should be
explained where it is based on project -specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well
as project -level, indirect as well as direct, and construction as well as operational impacts..
3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant if there
are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required
4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures
has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact" The lead agency
must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level
(mitigation measures from Section XVII, "Earlier Analysis," may be cross-referenced).
5) Earlier analyses maybe used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has
been adequately analyzed in a earlier EIR or negative declaration. Section 15063(c)(3)(1)). Earlier analyses are
discussed in Section XVII at the end of the checklist.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g. generalplans, zoning ordinances). Reference to a previously prepared or outside document should,
where appropriate, include a reference to the page or pages where the statement is substantiated A source list
should be attached, and other sources used or individuals contacted should be cited in the discussion.
IV. ENVIRONMENTAL IMPACTS:
1. LAND USE AND PLANNING. Would the proposal.
0 Butte County Department of Development Services ❑ Planning Division ❑
4
Projed: Name, File #
Potentially
Significant Less
Potentially Unless Than
Significant Mitigation Significant No
_-- Impact Incorporated Impact Impact
a) Conflict with general plan
designation or zoning? _X
b) Conflict with applicable
environmental plans or policies
adopted by agencies with
jurisdiction over the project? X
c) Be incompatible with existing land
use in the vicinity? _X
d) Affect agricultural resources or
operations (e.g., impacts to soils or —
farmlands, or impacts from
incompatible land uses)? X
e) . Disrupt or divide the physical
arrangement of an established
community (including a low-income -
or minority community)? X
Response: The proposed project consists of text amendments to the General Pian and Zoning Ordinance. Since
— the General Plan is being amended to' provide for the proposed Zoning Ordinance changes, consistency between the two documents will be achieved.
Mitigation: None required.
2. POPULATION AND HOUSING. Would the proposal.
a) Cumulatively exceed official
regional or local population
projections? X
b) Induce substantial growth in
an area either directly or indirectly.
(e.g., through projects in as
undeveloped area or extension of
major infrastructure)? X_
c) Displace existing housing,
especially affordable housing? X
Bag: Inasmuch as the proposed General Plan and Zoning Ordinance changes will not affect the residential
density of land, there will be no effect on population and housing.
Mitigation: None required. —
O Butte County Department of Development Services O .Planning Division O
5
r
Project: Name, File #
Potentially
Significant Less
Potentially Unless Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
I GEOPHYSICAL Would the p=oral result in or
ple totential impacts involving:
a) Seismicity: fault rupture? .X_
b) Seismicity: ground shaking/
liquefaction? _X
c) Seismicity: seiche? X_
d) Landslides or mudslides? _X
e) Erosion, changes in topography
or unstable soil conditions from
excavation, grading or fill? X_
f) Subsidence of the land?_
o
g) Expansive soils? X_ ,
h) Unique geologic or physical
l _ features? X_ —
J $jig: The proposed General Plan and Zoning Ordinance changes will help development avoid areas that are -
subject to geophysical problems. The effect of clustering development on lands suitable for construction will reduce
potential affects on the ground, including erosion and landsliding.
Mitigation: None required
4. WATER Would the proposal result in:
a) Changes in absorption rates, _
drainage patterns, or the rate
and amount of surface runoff? X_
b) Exposure of people or property
to water related hazards such as
flooding? X
c) Discharge into surface waters
or other alteration of surface water
quality (e.g. temperature, dissolved
oxygen or turbidity)? . X
d) Changes in the amount of surface
water in any water body?
• N1
J 0 Butte County Department of Development Services, 0 Planning Division 0
Project Name, Fre #
Potentially
1 Significant Less
-` Potentially Unless Than
Significant Mitigation Significant No
Impact Incorporated impar Impact.
e) Changes in currents, or the
course or direction of water
movements? - X_
f) Change in the quantity of
ground waters, either through direct
additions or withdrawals, or through
interception of an aquifer by cuts or
excavation? .X
r g) Altered direction or rate of flow
of groundwater? _X
h) Impacts to groundwater quality? _ X
8¢16Yg: The proposed General Plan and Zoning Ordinance changes will help new development to avoid water -
related problems. In particular, clustering of development, as allowed by the Flexible Lot Size Provisions, will
reduce road surfaces and other hardscape that would add to surface runoff
Mitigation: None required
l 5: AIR QUALM-. Would the proposal: —
a) Violate any air quality standard or
contribute to an existing or projected
air quality violation? X
b) Expose sensitive receptors to
pollutants? X
c) Alter air movement, moisture, or
t temperature, or cause any change in —
climate? X
d) Create objectionable odors?' X
R The proposed General Plan and Zoning Ordinance changes have the potential for reducing air quality
impacts associated with vehicle trips by allowing development to be clustered. This will reduce construction -related
emissions, and may reduce vehicle travel within projects.
ti
Mitigation: None required. ,
6. TRANSPORTATION/CIRCULATION.
Would the proposal result in: —
o Butte County Department of Development Services 0 Planning Division 0
7
Projew Name, File #
Potentially
Significant Less
Potentially
Unless Than
Significant
Mitigation Significant No
Impact
Incorporated Impact Impact
&) Increased vehicle trips or traffic
congestion?
x_
b) Hazards to safety from design
features (e.g. sharp curves or
dangerous intersections) or incompatible
uses (e.g. farm equipment)?
_x
c) Inadequate emergency access or
access to nearby uses
x_
d) _Insufficient pig capacity onsite)
offsite?
_fix
e) Hazards or barriers for pedestrians or
= bicyclists?
x_
f) Conflicts with adopted policies
supporting alternative transportation
(e.g. bus turnouts, bicycle racks)?
x_
- g) Rail, waterborne or air traffic
impacts? _
�=
h) Substantial impact upon existing
transportation systems, including
public transportation services?
_ x
Response: As noted in the Air Quality section, the proposed General Plan and Zoning Ordinance changes have the
potential for reducing vehicle travel associated with trips within
projects.
Mitigation:
7. BIOLOGICAL RESOURCES.
Would the proposal result in impacts to:
a) Endangered, threatened or rare
species or their habitats (including but
not limited to plants, fish, insects,
animals, and birds)?
x
b) Locally designated species (e.g.
heritage trees)?
x .
c) Locally designated natural
1.
0 Butte County Department of Development Services O Planning Division ❑
8
Project. Name, File
Potentially
Significant Less.
Potentially Unless Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
communities (e.g. oak forest, etc.)? _X
d) Wetland habitat (e.g. marsh,
riparian and vernal pool)? X_
e) Wildlife dispersal or migration
corridors?
_X
&wnse:. One of the primary purposes of the proposed changes to the General Plan and Zoning Ordinance is
to reduce impacts of development on environmentaIly-sensitive areas.
Mitigation: None required
& ENERGY AND MINERAL RESOURCES.
Would the proposal.
a) Conflict with adopted energy
conservation plans?. _X
b) Use non=renewable resources in a —
wasteful and inefficient manner? _X
c) Conflict with the extraction of
identified, significant mineral
resources? X_
Response: The proposed changes will further energy conservation goals by potentially reducing use of certain
resources required m residential development, such as asphalt for streets and materials used in water and sewer
pipelines.
_ Mitigation: None required —
9. HAZARDS. Would the proposal im+olye:
a) A risk of accidental explosion or
release of hazardous substances
(including, but not limited to: oil,
pesticides, chemicals, or radiation) X
b) Possible interference with an
emergency response plan or emergency
evacuation plan? . _X
c) The cieation of any health hazard
or potential health hazard? — _X
0 'Butte County Department of Development Services 0 Planning Division 0
Project' Name, File q •
Potentially
Significant Less
1 Potentially Unless Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact. _
d) Exposure of people to existing
sources of potential health hazards? _X
e) Increased fire hazard in areas with
flammable brush, grass, or trees? i X_
Reponse: One of the stated purposes of the proposed changes is to facilitate avoidance of hazardous areas.
Mitigation: None required.
10. NOISE. Would the proposal result in:
a) Increases in existing noise levels? X_
b) Exposure of people to severe noise
levels? X_
onse•'
11e proposed changes are not expected to affect noise levels associated with either construction or land
use, or affect noise exposure of persons.
Mitigation: None required.
11. PUBLIC SERVICES. Would the pto=al have an
• effect boon_ or rmdt in a need for new or
altered goyetrnnent servicEc in ani of ihP
following areas'— - -- -
a) Fire protection?' X_ ,
b) Police protection? X_
c) Schools? X_ _
d) Maintenance of public facilities,
including roads? _X
e) Other governmental services? X_
ftWnw. The proposed General Plan and Zoning Ordinance changes are expected to have a beneficial effect on
the provision of certain public services by allowing for consolidation, or clustering, of development. This will be
particularly advantageous in terms of providing and maintaining public infrastructure, such as streets, water lines,
and sewers, and in providing police and fire protection services.
Mitigation: None required.
12. UTMTIES AND SERVICE SYSTEMS. Would the '
0 Butte CountyDe artment of Development Services 0 Planning P P 9 Division 0
10
+ Project Name, File q •
Potentially
-�, Significant Less
Potentially Unless Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
proposal result in a need for new Vatetns. or w
substantial alterations to the following utilities:
a) Power or natural gas? x_
b) Communications systems? x_
c) Local or regional water treatment
or distnbution facilities? _x
d) Sewer or septic tanks? _x
e) Storm water drainage? _x
f) Solid waste disposal? _x
g) Special Districts? x_
• P
RaRonse: See comments in the Public Services section.
l _ Mitigation: None required.
13. AESTHETICS. Would the proposal:
a) Affect a scenic vista or designated
scenic highway? _x
b) Have a demonstrable negative
aesthetic effect? x
c) Create light or glare? — _X— —
$fig: One of the stated purposes of the proposed Flelable Lot Size Provisions is the preser<►ation of
environmentally -genitive and scenic areas.
Mitigation: None required.
14. CULTURAL RESOURCES. Would the proposal.
a) Disturb paleontological resources? x
b) Disturb archaeological resources? x
c) Affect historical resources? x —
0 Butte County Department of Development Services ❑ Planning Division 0
- 11
Project: Name, File # •
•
Potentially
Significant_ Less
Potentially Unless Than
Significant Mitigation Significant No
Impact' Incorporated Impact Impact
d) Have the potential to cause a
physical change which would affect
unique ethnic cultural values? _ X
e) Restrict existing religious or sacred
uses within the potential impact area? X
$ ;
The proposed Flexible Lot Size Provisions will help to avoid impacts on cultural resources by allowing
development to be clustered in areas not affected by such resources.
Mitigation: None required.
15. RECREATION. Would the proposal:
a) Increase the demand for
neighborhood or regional parks or
other recreation facilities? . X
b) Affect existing recreational
opportunities? X
$e; The proposed General Plan and Zoning Ordinance changes are not expected to affect recreation
Mitigation: None required.
16. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the
potential to degrade the quality of —
the environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below self-
sustaining levels, threaten to
eliminate a plant or animal
community, reduce the number or
restrict the range of a rare or
endangered plant or animal or
eliminate important examples of the
major periods of California history
or prehistory?
b) Does the project have the
0 Butte County Department of Development Services 0 Planning Division 0
12
X
proJax: Name, File q .
Potentially
Significant Less
Potentially Unless Than
- Significant Mitigation Significant No
Impact Incorporated Impact Impact
potential to achieve short-term
environmental goals, to the
disadvantage of long-term"
environmental goals? --x—
c) Does the project have impacts
that are individually limited,
but cumulatively considerable?
("Cumulatively considerable• _
means that the incremental
effects of a project are
considerable when viewed in
connection with the effects of —"
Past projects, the effects of
other current projects, and the . x
effects of probable future projects).
d) Does theproject have environmental
effects which will cause substantial
adverse effects on human being, either
_ directly or indirectly? —x--
Response: The proposed revisions to the General. Plan and Zoning Ordinance are expected to have a beneficial
effect on the environment In particular, the proposed Flexible Lot Size Provisions, will facilitate preservation of
environmentally -sensitive areas, while maintaining residential densities.
Mitigation: None required.
0 Butte County Department of Development Services 0 Planning Division 0
13
Projwt Name. File # •
V. MITIGATION MEASURES AND MONITORING REQUIREMENTS:
None required.
0 Butte County Department of Development Services 0 Planning Division 0
14
Project: Nerve, File '
ENVIRONMENTAL REFERENCE MATERIAL
1. Butte County Planning Department. F�qupke and Fault Activity Mag 11-1 Seismic Safety Element. Oroville,
CA: CH2M MIL 1977.
2. Butte County Planning Department Liquefaction Potential Map 11-2. Seismic Safety Element Oroville, CA:
CH2M Hill, 1977. --
3. Butte County Planning Department Subsidence and Landslide Potential_ Man 111-1. Safety Element, Oroville,
CA CH2M Hill,1977.
4. Butte County Planning Department. Erosion Potential Man 111-2. SafetyElement- Oroville, CA: CH2M Hill,
1977.
5. Butte County Planning Department Enansive Soils Mao 111-3. Safety Element, Oroville, CA: CH2M Hill,
1977.
6. Butte County Planning Department Noise Element MaR_IV-1. Scenic Hig�w y Element Oroville, CA: CH2M
Hill, 1977.
7. Butte may, Pig Department Scepic Iighways MAR V-1, Scenic Higb y Element Omville, CA: CH2M
ITill,1977.
8. Butte County Planning Department Natural Fine Hazard Claes Mao .111-4. Safety Element Orovine,-CA:
CH2M FK 1977.
9. Butte County Planning Department Archaeological SeAS1dyb Man. Oroville, CA: James P. Manning, _1983.
10. Butte County Planning Department School District Man. Oroville, CA
1.1. Northwestern District Department of Water Resources. CWco Nitrate StudyI ig, Nitrate Concentration in
Shallow Wells. The Resources Agency, State of California, 1983.
12. Butte County Board of Supervisoa�s. A2nmdh and Nes Man established by Resolution No. 67-178. Oroville,
CA: Butte County Planning Department, 1987.
13. National Flood Insurance Program Flood Lnm!mm Rate Maps, Federal Emergency Management Agency. 1989.
14.. USGS Quad Maps.
15. Soil MaR, Chico (1925)Oroville (1926) Area. United States Department of Agriculture.
.
16.- Soil Sm= of i (1925VOrovil1e (1926) Area. United States Department of Agriculture. -
17. Butte County Planning Department Burne County Fire Protection Jurisdictions and Facilities Map Butte County
Fire Department and California Department of Forestry, 1989.
O Butte County Department of Development Services 0 Planning Division 0
15