HomeMy WebLinkAbout15-067 fir V''''4 i,, '/,,Aoiii
Ifik 7,,,,,p,4,0, , , ,,/ ,j,,, e meAe 0 ii Eribe(i 40" , ,)%4//11,4 iij,,q4/,,fil/A4,fi 0,4id ifillit II Ai, ',P)0 i', ,l./„,(1,,f„',4*4'41/ 1(I)11,,A„,, ,d Of( bit it(II (Aii(1,f d'i
U(titli,0',r lief i' '11/,V°:le,0\ 'ift,i 11(4 '0,,e,411,,rri, 1411/„ )110.1H,r)e/IA, (04)0;10411 0, ?, 0`1?110)0(0'0 'ti 1 V I 4,,,,o'il 011j olfm 1947)Nr',,,, ()1,) '+) ?, i t %//
igg,,,ipie litr,„:04n 1,,,,, „,,,7, OR hi i„(', fo,,411 ;1;ii t Yii Iria,, 7,1 iii i0/;,,o,A ri, )104,0,11*„, v„„1,41„,,o 10,*„ ,,14 , 1 d,,1 0,,,,,,„1,1,4,,i„,,, ,/I,ir i„/ h(,4 1'
pri,i fif H ill ,A (vet irpv,„frolpeitiOsoffiliffi (felfillglipipie OftlifficopiOlet 41 i ,v7t-q
(iet,,,,,,hiv*,*iii (0,,,,,,4 164/14,,,,/e r,,,voy,:10)t, ,,,,/,;!0?),,,v/y;,q/ip,hymw(N,{q,,,:;;Iv 4plvetilor ,,/41/(1, ,1r,11,4"1 cb„iii iii,),(4,), i1,1/1fro,)11 110
"INK /410, li9,q111(1q/F1' Resolution No. 15-067
A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS
MAKING FINDINGS RELATIVE TO REZONE15-0001
TO REPEAL THE MAY 22, 2001 CONDITIONAL ZONING AGREEMENT ETWEEN
THE MQO0ETOVVNRANCHERiA[ONC0VVK4A|0U,AFEDERALLY-RECOGN1ZE0SOVERBGNUN0ANTR|BE,ANOTHE
COUNTY OF BUTTE AND FINDING THE PROJECT CATEGORICALLY EXEMPT PURSUANT TO CEQA
WHEREAS,on May 22, 2001 a Conditional Zoning Agreement between the Mooretown Rancheria Concow Maidu,
a federally-recognized sovereign Indian Tribe, and the County of Butte was approved relative to a ±5.16—acre property,
APN079'23O'OlS ('subjectpa/ce|'or'subiectprope/t/),vxhichzonedthesubjectparce|to['1 (Light[ommerda|),subject
to conditions and mitigation measures imposed on parking lot development; and
WHEREAS, parking lot improvements were constructed on the subject property and were issued a final building
permit for light poles, electric, and water piping on October 22, 2002; and
WHEREAS, on October 26, 2010 Butte County adopted a new General Plan, including a new General Plan Land
Use Map which re-designated the subject property to a LDR Low Density Residential land use designation on the Butte
County Land Use Map; and,
WHEREAS, the Butte County Board of Supervisors adopted a Zoning Ordinance Update on November 6, 2012
under Ordinance#4050 which rezoned the subject property to LDR Low Density Residential; 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 Zoning Ordinance Update Supplemental EIR (SCH #2012022059) was certified
on November 6, 2012 (Resolution 12-123); and,
WHEREAS, the Zoning Ordinance Update specifically provided that established Conditional Zoning Agreements
were not modified by adoption of the update, specifically:
The Zoning Ordinance shall not interfere with, repeal, abrogate, or annul any Conditional Zoning Agreement
established between the County and an applicant prior to the effective date of the Zoning Ordinance. All uses
under the Conditional Zoning Agreement will continue to be permitted, in addition to all uses allowed under the
zone." (BCC624'5 (E]); ond
WHEREAS,the Mooretown Rancheria of the Concow Maidu Tribe filed Rezone application REZ15-0001 on January
26, 2015 with the Butte County Development Service Department requesting that the County repeal the Conditional
Zoning Agreement approved May 22, 2001, thus removing encumbrances to the subject property that have interfered
with the subject property being taken into trust status by the Federal Government on behalf of the Tribe; and
WHEREAS, an Environmental Assessment (EA) under the National Environmental Policy Act(NEPA) was prepared
circa 1999 by Mooretown Rancheria for the Proposed Conveyance of Fee Property to Federal Trust and Development of
a Cultural Center, A RV Park, Casino Over-Flow Parking and Associated Infrastructure, Mooretown Rancheria, Butte
County, California; and the EA identified no cultural impacts from the Casino project inclusive of the Casino Over-Flow
Parking which is generally coterminous with the subject property,APN 079-230-015 ; and,
WHEREAS, a duly noticed public hearing was held on May 5, 2015; and
WHEREAS, the Board of Supervisors has considered public comments, a recommendation from the Planning
Commission, and a report from the Planning Division:
NOW THEREFORE, BE IT RESOLVED, that the Board of Supervisors
I. Finds the project is exempt from environmental review pursuant to California Environmental Quality Ac
(CEQA) Guidelines section 15301. The project is an existing facility consisting of the "operation repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use
beyond that existing" because, the subject property is currently developed as a parking lot and will
continue with no change or expansion of use after the Conditional Zoning Agreement is repealed.
U. Makes the following findings in regards to Rezone REZ15-0001 to repeal the May 22, 2001 Conditional
Zoning Agreement
1. Notice of the Planning Commission hearings on the proposed Rezone and categorical exemption, was
given as required by law and the actions were conducted in accordance with CEQA, and the State CEQA
Guidelines.
2. All individuals, groups and agencies desiring to comment were given adequate opportunity to submit
oral and written comments on the proposed Rezone and the categorical exemption.
3. The proposed adoption of the Rezone is consistent with the General Plan and any applicable community
or specific plan as provided by Government Code Section 65860.
4. The proposed adoption of the Rezone is not inconsistent with other applicable provisions of the Zoning
Ordinance.
5. Proposed adoption of the Rezone is 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.
6. The proposed Adoption of the Rezone does not jeopardize the health, safety, and welfare of the County.
DULY PASSED AND ADOPTED this 5th day of May, 2015, by the following vote:
AYES: Supervisors Connelly, WahI, Kirk, Lambert and Chair Teeter
NOES: None
ABSENT: None
ABSTAIN: None --------
Doug Teeter Chair
Board of Supervisors
County of Butte, State of California