HomeMy WebLinkAbout13-123Resolution No. 13-123
A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS ADOPTING AN ADDENDUM TO THE GENERAL PLAN
2030 ENVIRONMENTAL IMPACT REPORT AND SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR AMENDMENTS
TO THE ZONING ORDINANCE AND MAP
WHEREAS, the Butte County General Plan 2030 (GP 2030) Update process was initiated by action of the Board of
Supervisors, including the adoption of Resolution 06-085 on May 23, 2006, which created the Butte County General Plan
Citizens Advisory Committee and set in motion a process of holding public workshops and meetings regarding the
County's GP 2030 Update; and
WHEREAS, on October 26, 2010 Butte County adopted a new General Plan, including a new General Plan Land Use Map;
and,
WHEREAS, prior to the adoption of the new General Plan, Butte County embarked on a comprehensive update to the
Butte County Zoning Ordinance ("Zoning Ordinance Update"), being a part of the overall Butte County General Plan
2030 project directed by the Board of Supervisors also referred to as "Meeting Series #8", which involves a
comprehensive update to the existing Butte County Zoning Ordinance; and,
WHEREAS, the Butte County Board of Supervisors adopted the Zoning Ordinance Update on November 6, 2012 under
Ordinance #4050; and,
WHEREAS, additional modifications, corrections, and clean-ups to the Zoning Ordinance have been identified and are
set forth as identified under the Staff Report to the Board of Supervisors dated August 27, 2013 and September 10,
2013; and,
WHEREAS, a duly notified public hearing was held by the Planning Commission on July 25, 2013 and by the Board of
Supervisors on August 27, 2013 and September 10, 2013; and
WHEREAS, in preparation for the November 6, 2012 public hearing the Board of Supervisors was provided with the
complete contents of the Final Supplemental Environmental Impact Report (FSEIR) for the Zoning Ordinance
Amendment as well as the following documents:
(1) Butte County General Plan 2030 Draft Supplemental Environmental Impact Report (May 31, 2012),
(2) Butte County General Plan 2030 Final Supplemental Environmental Impact Report (September 13, 2012); and,
WHEREAS, the Butte County Board of Supervisors reviewed and considered the information in the FSEIR described
above, FSEIR administrative record, staff reports, and all oral and written testimony; and
WHEREAS, the County complied with the requirements of the California Environmental Quality Act, Public Resources
Code sections 21000-21178.1 (CEQA) in approving the FSEIR; and,
WHEREAS, the General Plan EIR (SCH #2008092062) was certified on October 26, 2010 by the Butte County Board of
Supervisors (Resolution 10-150) and the Supplemental EIR (SCH #2012022059) was certified on November 6,
2012 (Resolution 12-123); and,
WHEREAS, the County has determined that the proposed amendments to the Zoning Ordinance do not
meet the criteria for preparing a subsequent or supplemental EIR under CEQA Guidelines Section 15162; and,
WHEREAS, an Addendum to the General Plan EIR and Supplemental EIR has therefore been prepared
pursuant to CEQA Guidelines Section 15164 for the proposed Zoning Ordinance Amendments; and
WHEREAS, the Addendum provides analysis and cites substantial evidence that support's the County's
determination that the proposed amendments to the Zoning Ordinance and Map do not meet the criteria
for preparing a subsequent or supplemental EIR under CEQA Guidelines Section 15162 including:
1) The proposed Zoning Ordinance Amendments would not cause a new significant impact or
substantially increase the severity of a previously identified significant impact from the General
Plan EIR or Supplemental EIR (CEQA Guidelines Section 15162[a][1]) that would require major
revisions to either EIR. All impacts would be nearly equivalent to the impacts previously analyzed in
the General Plan EIR and Supplemental EIR. Relatedly, the Zoning Ordinance Amendments are not
inconsistent with any of the General Plan policies intended to mitigate environmental impacts.
2) The proposed amendments to the Zoning Ordinance and Map are programmatic in nature and are
not changes in physical circumstances that would cause a new significant impact or substantially
increase the severity of a previously identified significant impact, and there have been no other
changes in the circumstances that meet this criterion.
3) As documented in Section 3.0 of the Addendum, there is no new information of substantial
importance (which was not known or could not have been known at the time of the General Plan
adoption in October 2010, or General Plan Amendment and Zoning Ordinance adoption in November
2012), that identifies: a new significant impact (condition "A" under CEQA Guidelines Section
15162 [a][3]); a substantial increase in the severity of a previously identified significant impact
(condition "B" CEQA Guidelines Section 16162[a][3]); mitigation measures or alternatives
previously found infeasible that would now be feasible and would substantially reduce one or
more significant effects of the General Plan; or mitigation measures or alternatives which are
considerably different from those analyzed in the General Plan EIR which would substantially reduce
one or more significant effects on the environment (conditions "C" and "D" CEQA Guidelines Section
15162[a][3]).
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors hereby makes the following findings:
1. Notice of the Board of Supervisor hearing on the Zoning Ordinance Amendment, DSEIR and FSEIR was given as
required by law and the actions were conducted in accordance with CEQA, and the State CEQA Guidelines.
2. An Addendum was prepared that provides analysis and cites substantial evidence that support's the County's
determination that the proposed amendments to the Zoning Ordinance and Map do not meet the criteria for
preparing a subsequent or supplemental EIR under CEQA Guidelines Section 15162
3. All individuals, groups and agencies desiring to comment were given adequate opportunity to submit oral and
written comments on the Zoning Ordinance Amendments and the environmental review documents. These
opportunities for comment meet or exceed the requirements of the Planning and Zoning Law and CEQA.
4. The Board of Supervisors was presented with all of the information described in the recitals and has considered
this information in adopting this resolution.
5. The proposed Adoption of the Zoning Ordinance Amendments are consistent with the General Plan and any
applicable community or specific plan as provided by Government Code Section 65860.
6. The proposed Adoption of the Zoning Ordinance Amendments is internally consistent with other applicable
provisions of the Zoning Ordinance.
7. The proposed Adoption of the Zoning Ordinance Map Amendments are physically suitable in terms of design,
location, shape, size, and other characteristics to ensure that the proposed uses and development will not
endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties, and the
community at large.
8. The proposed Adoption of the Zoning Ordinance Amendments is in the public interest, and protects the health,
safety, and welfare of the County.
BE IT FURTHER RESOLVED that the Board of Supervisors hereby approves the Addendum for the General Plan 2030 EIR
and Supplemental EIR prepared for the Zoning Ordinance and Map Amendments.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 10th day of September, 2013 by the following
vote:
AYES: Supervisors Kirk, Lambert, Teeter, and Chair Connelly
NOES: Supervisor Wahl
ABSENT: None ,o~
NOT VOTING: None (~
~ BILL CONNELLY, Chair
Butte County Board of Supervisors
ATTEST: /
By: /~
Paul H n' ief Ad inistrativ Offic and
Clerk of t e Board of Supervisors