HomeMy WebLinkAbout09-049Resolution
RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF BUTTE APPROVING THE TRANSFER OF
TWENTY-FOUR {24) DENSITY TRANSFER UNITS
FROM THE STEPHENS DEVELOPMENT AGREEMENT TO
THE EMERALD SEA SUBDIVISION TSM 05-18
WHEREAS, an December 1, 1998, the Board of Supervisors entered into a
Development Agreement with the Stephens Trust covering a portion of a parcel of land in the
SR-1 zone of the North Chico Specific Plan area (NCSP) area, specifying how the land could be
developed, preserving open space, and recognizing that thirty-three (33) Density Transfer Units
(DTUs) could be used on the parcel outside of the open space area or on other parcels within the
North Chico Specific Plan area, and
WHEREAS, Stephen J. Schuster has petitioned the Planning Commission for a Tentative
Subdivision Map (TSM OS-18) to divide a 250- acre project site into 34 residential parcels
ranging in size from 1:39 acres to 64.60 acres., in accordance with Chapter 20, Subdivisions, of
the Butte County Code on Assessor's Parcel Numbers 047-230-028, 047-700-003, and 004
(proposed project); and
WHEREAS, the proposed project would utilize twenty-four (24) Density Transfer Units
(DTU's) to achieve lots of less than three acres in size on the project site, south of Rock Creek in
the SR-3/North Chico Specific Plan Zone; and
WHEREAS, said map was referred to various affected public and private agencies,
County departments, and referral agencies for review and comments, including review by the
Airport Land Use Commission, which found that the project is consistent with the Butte County
Airport Land Use Compatibility Plan; and
WHEREAS, duly noticed public hearings were held before the Planning Commission on
May 24, 2007, July 26, 2007, September 27, 2007, October 9, 2008, November 13, 2008,
January 29, 2009, and February 26, 2009; and
WHEREAS, the Butte County Planning Commission adopted a Mitigated Negative
Declaration in accordance with CEQA and approved the tentative subdivision map on February
26, 2009; and
WHEREAS, THE Planning Commission imposed Condition No. 1 as part of its approval
of TSM OS-18 as follows:
1. This map requires the transfer oftwenty-faun (24) Density Transfer Units (DTUs}
as established through a 199$ development agreement--the Stephens
Development Agreement-- for TSM 03-01. The proposed Tentative Subdivision
Map is conditioned upon adoption of a resolution transferring the DTUs for use in
the proposed subdivision by the Butte County Board of Supervisors. If the
required DTUs are not obtained for the project, the tentative subdivision map will
not be operative and will be deemed null and void.
NOW, THEREFORE, BE IT RESOLVED as follows:
The Board of Supervisors
I. kinds that use of the DTUs on the project site complies with all elements of the Butte
County General Plan, specifically:
A. This project has been reviewed for consistency with the adopted North Chico
Specific Plan (NCSP) goals and policies and with the Certified Environmental
Impact Report (CEIR} prepared for the plan. This project will utilize the CEIR as
an underlying environmental document. The NCSP is a mixed-use large-scale
development plan, which serves as a land use tool for larger development in the
unincorporated North Chico area.
B. The CEIR and NCSP were adopted by the Board of Supervisors on March 28,
1995. The text and findings of the CEIR are incorporated by reference into the
project. Pursuant to Government Code Section 21083.3, if an EIR has been
certified for the adoption of a Specif c Plan, the application of CEQA shall be
limited to effects upon the environment which are peculiar to the parcel or to the
project which were not addressed as signif cant effects in the prior CEIR.
II. Transfers twenty-four (24) Density Transfer Units (DTU's} to achieve lots of less than
three acres in size on the project site, south of Rock Creek in the SR-31North Chico
Specific Plan Zone.
PASSED AND ADOPTED by the Butte County Board of Supervisors on this 7th day of April,
2009, by the fallowing vote:
AYES: Supervisors CannellJ, Kirk, i~ambert, Yamaguchi
NOES,. ~ Supervisor Dolan
ABSENT: None
ABSTAINED: None
Bill Connelly, Chair
Butte County Board of Supervisors
ATTEST:
Gregc
Office
By