HomeMy WebLinkAbout09-078Resolution
ADOPTING A NEGATIVE DECLARATION
AND
APPROVING GENERAL PLAN AMENDMENT GPA 08-0001
A GENERAL PLAN TEXT AMENDMENT DELETING
ZONING CODE REFERENCES REGARDING MINIMUM LOT SIZES
AND REPLACING THE TERM PLANNED AREA CLUSTER (PA-C}
WITH PLANNED UNIT DEVELOPMENT {PUD}
IN THE LOW, MEDIUM AND HIGH DENSITY RESIDENTIAL
LAND USE CLASSIFICATIONS OF THE LAND USE ELEMENT
WHEREAS, the Board of Supervisors directed the Department of Development Services
to prepare a General Plan Amendment to address the minimum lot size standard in the Low
Density Residential {LDR), Medium Density Residential (MDR}, and High Density Residential
(HDR} land use classifications in the Butte County General Plan Land Use Element on July 10,
2007 {as part of a code improvement list}, in accordance with Chapter 24, Section 30 {General
Plan} as a General Plan Land Use Element text amendment; and
WHEREAS, the General PIan Land Use Element contains an outdated reference to
Planned Area Cluster (PA-C) that has been replaced in the zoning code with Planned Unit
Development (PUD); and
WHEREAS, the Department of Development Services prepared the General Plan
Amendment under case number GPA08-0001 for consideration and recommendation by the
Planning Commission at a duly notice public hearing on March 26, 2009; and
WHEREAS, the Planning Commission adopted Resolution 09-23 recommending to the
Board of Supervisors adoption of a Negative Declaration in accordance with the California
Environmental Quality Act and approval of GPA 080001; and
WHEREAS, the County requested the California Department of Fish and Game under
Fish and Game Code section 711.4(c)(2)(A) to issue a No Effect Determination. The California
Department of Fish and Game issued a No Effect Determination on March 10, 2009; and
WHEREAS, said General Plan Amendment was analyzed by staff and circulated for the
90-day tribal consultation as required under Government Code section 65352.3; and
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A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS
WHEREAS, the Board of Supervisors conducted a duly noticed public hearing on May 5,
2009 to consider the recommendation of the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors:
I. Adopt the Negative Declaration with the following findings:
A. An Initial Study was completed and revised in compliance with the
California Environmental Quality Act. Said study identified no significant
environmental effects.
B. Has considered the proposed 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 General Plan Amendment would have a
significant effect on the environment. The custodian of the record is the
Planning Division of the Development Services Department. The location
of the record is 7 County Center Drive, Oroville CA 959b5.
D. The proposed Negative Declaration reflects the independent judgment and
analysis of the County, which is the Lead Agency.
II. The California Department of Fish and Game issued a No Effect Determination
on March 10, 2009. The California Department of Fish and Game fees are not
required for filing the Notice of Determination.
III. Approve General Plan Amendment, GPA08-0001, a text amendment shown in the
attached Exhibit A, based on the following findings:
A. The references to minimum lot sizes in the general plan are not necessary
because the density standard for each land use classification remains in the
Low Density Residential, Medium Density Residential, and High Density
Residential land use classifications.
B. Deletion of the zoning code references allows utilization of the Planned
Unit Development and Flex-lot provisions or other zoning code processes
to implement the general plan land use designations at the general plan
land use densities.
C. Deletion of the Planned Area Cluster term and replacing it with the current
term, Planned Unit Development, is an improvement to the text.
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PASSED AND ADOPTED by the Butte County Board of Supervisors on this 5th day of May,
2009, by the following vote:
AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Ghair Connelly
NOES: None
ABSENT: None
ABSTAINED: None
L~I.~G
Bill Connelly, Chair
Butte County Baard of Supervisors
ATTEST: Gregory G
Officer anc
By
a. Interirri Chief~d~ninistrative
~pf the Bc
`'v
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EXHIBIT A
Deletions shown in s#~il~ and additions shown with underline
Page LUE - 55 Low Density Residential
Intensity of Use: ''^ ^~~^.~.~ ~~+ ,. ,.,.o~ ~.;~e~ „~ ~„e .,,,,.o +., ti cnn ~ o ~ o+
One single-family dwelling per parcel with other residential uses limited to a
maximum density of 6 dwelling units per gross acre.* Home occupations, farm
animals, other uses and setbacks regulated to maintain single-family residential
character.
Consistent Zones: R-1, R-1 A&C, RT-lA, A-SR, M-R, S-R, SR-5, SR-1, TM-1,
R-MH, ~-z`7c-CPUD.
*Development with densities in excess of 4 dwelling units per gross acre utilizing
septic waste disposal systems must meet Health Department requirements and be
clustered (P-~EFor example, PUD -Planned Unit Development, or similar
ordinance provision) or be provided with sewer service.
Page LUE - 56 Medium Density Residential
Intensity of Use: ~eeel~z.° ~~ ti,cnn ^^~e°~Maximum
density of 13 dwelling units per gross acre with group quarters and care homes
limited to similar densities.* Home occupations, commercial uses, other uses
and setbacks regulated to maintain residential character.
Consistent Zones: R-1, R-1 A&C, RT-1, A-SR, S-R, SR-S, R-MH, A-R, R-2, R-
3, R-4, AR-MH, MHP, ~z`X-SPUD.
*For areas dependant upon septic tank waste disposal, soil conditions and the
effluent volume based on the number of bedrooms will determine the actual
number of units per acre not to exceed 13 dwelling units per gross acre in any
case.
Page LUE - 57 High Density Residential
Intensity of Use: ~en~rg-a~lo-ti~,,-ne~p~Ee1~L ~~ ti,snn ~~e-fee~Maximum
density of 20 dwelling units per gross acre with group quarters and care homes
limited to similar densities. Home occupations, commercial uses, other uses and
setbacks regulated to maintain residential character.*
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Consistent Zones: A-R, AR-MH, R-2, R-3, R-4, HH-P, ~4-EPUD.
*For areas dependent upon septic tank waste disposal, soil conditions and the
effluent volume based on the number of bedrooms will determine the actual
number of units per acre not to exceed 20 dwellings per gross acre in any case.
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