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HomeMy WebLinkAbout08-116~~rsrr~~rr~ .,.•'~~ S UP.~, ••. *,: *~;. ,~.- -;N,~~ ~au~~Y of Bt~~rTE,.sr~,r~ o~ ~ca~~i~oR~~ • - •.,~~~~••.........-•;,~- ,. Rt~s~lrrti~rr No.og-zl~ r~r~~+~ A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS ADOPTING A NEGAT[VE DECLARATION FOR ZONING CODE A1VIF;NDMENT (JAMES AND CHERYL FURRING) WHEREAS, the guard of S~ipervisors leas considered Zoning Code Amendmcnt 07-0002 for James and Cheryl Fuhring in accordance with Chapter 24, Section 25 1Loni.ng), of the gutle County Code on a portion of Assessor's Parcel Number 040-b30-013; and V4'HEREAS, the Board of Supervisors has considered a Negative Declaration in accordance with the California Environmental ~7uality Act; and WE-IEREAS_ said Zoning Code Amendmcnt 07-0002 was refen~ed to various affected public and private agencies, County departments, and referral agencies for review alxl comment; and WHEREAS, on June 12, 200 the Plan.nin~ Commission held a public hearing on ZCA07-0002 and reconunended approvral to the Board of Sup; rvisors; and WHEREAS, a duly noticed public hearin~~ was held before the Board of Supervisors on August 19, 2008; and WHEREAS, the Butte County Board of Supervisors Ends the proposed roving code amendment complies with all elements of the Butte County General Plan and comprises an overall internally consistent whole, specifically: 1. The proposed amendment is consistent with Butte County General Plan Land Use Element Policy 3.3 since a bed and breakfast home and wedding facility ~vauld provide for self-employment and a degree of financial independence for the residents.. The requirement to obtain a use permit to establish wedding facility will ensure "sufficient limitations and conditions are placed on the use" so that a wedding facility is compatible with surrounding uses. 2. The proposed amendment is consistent with Butte County Uenera] Plan Land L1se Element Policy 4.3 by providing commercial services for the community and neighborhood levels. 3. The bed & breakfast home is considered compatible with surroi.mding residential land uses; and WHEREAS, the Board of Supervisors has considered the recommendation of the Planning Commission, public comments and a report from the Planning Division. NO~~~'. "f'f 1f~.RF:f~t)RF., BIB; f"l RF5OL.~%f-;D, that the E3oarcf of~ Siif~crvisors takes the following actions: I. Adopts a Negative Declaration, based on the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study did not identify any significant environmental effects. B. "The Board of Supervisors has considered the Negative Declaration, together with the administrative record and comments received during the review process. C. On the basis of the whole record before the Board of Supervisors, including the Initial Study and any comments received, there is no substantial evidence that the Zoning Code Amendment for James and Cheryl Fuhring, Planning Division File No. ZCA07-0002 would have a significant effect on the environment. The custodian of the record is the Butte County Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 959G~. D. The Negative Declaration reficcts the independent judgment and analysis of the County, which is the Lead Agency. IL Finds that collection of fees pursuant to Fish and Game Code Section 711.4 is not reduired, based on the determination from Califon~ia DepartiT~ent of fish and Game that the project has no potential effect on fish, wildlife and habitat. DULY PASSED AND ADOPTED this 19th day of Aug~ist, 2008, by the following vote: AYES: Supervisors Connelly, Kirk, Dolan, Yamaguchi, and Chair Josiassen NOES: None ABSENT: None ABS'T'AIN: None t1TTF.ST: C. BRIAN HADDIX, C~xief Administrative Officer and Clerk of tl~oal-~-' f ~ i~ // --_ - __ r T~eput '- f ~~ ~ I~ ~ ~' CURIT JOSIASSEN, Chair Butte County Board of Supervisors