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Home My WebLink About16-156 OP / ,„.,-,,', ,....✓,..,✓,,,,„ .-l i,, ✓ / ir/ l ,- / „„A„, / ,,,.✓'i ,,,,,,,,,,,,,,,,,,,„,„4„0,,,,%,4,,,„p.,v,w,l..l✓/ ar'rd.d .d,,,P,,,,,,,,,' ,✓/ 41 .,✓ / �1i ✓. � ✓ i i. , t✓. .✓i ✓., r ./. t ✓ fl1. /✓i I r ✓/ ./ r ✓i 5 / , ✓ ..0i=,. ✓ wr,)r,/ ; e /�„e✓ ✓ /,✓ > N„�� ,', ;„ ✓�,�/✓nir, / i .� i✓/„ i /iii ✓ r✓ r i / ✓ ii . L./ di r . ✓ - ✓ 400;1 01”41 l ,9,'%',�r �, f J,I; 4, /4 w� ✓ /�4 ,. ✓ r / ro ,� � l . 4LI ,✓ l / il / l/ l l ,/ ✓� ✓ ',,,A1, � , „,l.r �s /, Gr� 4/,,,, ee ✓T/ „„,41, 1„,,,:0,41,c/✓ � l, ,. �✓ �� r ✓ . 4,5p,"994, I/r � r r i / „ ✓✓ / 1 �; . , , , l , / 1 i Ili ✓ , i i . ✓ , ✓ �r � ✓ ✓i ! rcAn �tt ,;,',/, ✓i � i!rg✓ ✓ ✓✓r /i,, A/ ✓ , iii �V i , ,✓ , 1 � jf / ✓ / / e // i �� '44.tielod Resolution No. 16456 A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS APPROVING AN EIR ADDENDUM AND ADOPTING THE FOLLOWING AMENDMENTS RESPONDING TO THE FLOOD MANAGEMENT REQUIREMENTS OF SENATE BILL SB-5 (2007) AND THE CENTRAL VALLEY FLOOD PROTECTION PLAN: 1)ADOPTING AMENDMENTS TO THE GENERAL PLAN LAND USE ELEMENT BY INCLUDING AN URBAN FLOOD PROTECTION OVERLAY;AND 2) ADOPTING AMENDMENTS TO TH E GENERAL PLAN HEALTH AND SAFETY ELEMENT PROVIDING COMPREHENSIVE MAPPING RELATED TO FLOOD HAZARDS AND RELATED NEW TEXT, AN EVALUTION OF CRITICAL FACILITIES, INCORPORATION OF NEW POLICIES AND ACTIONS TO REFLECT THE CENTRAL VALLEY FLOOD PROTECTION PLAN, AND INCUSION OF NEW RELATED TERMS AND DEFINITIONS WHEREAS, State legislation in 2007 (SB-5, Statutes of 2007), established requirements for general plans, zoning ordinances, development agreements, tentative maps, and other actions related to flood risk management for all cities and counties within the Sacramento-San Joaquin Valley. These requirements were modified in 2012 (SB-1278, Statutes of 2012) to require general plans to be amended for consistency with the Central Valley Flood Protection Plan (CVFPP) and 200-year floodplain maps for urban areas protected by the State Plan of Flood Control (SPFC); and, WHEREAS, this State legislation is intended to address the Central Valley region's severe flood vulnerabilities, which have been compared to New Orleans prior to Hurricane Katrina in 2005; and, WHEREAS, the Butte County General Plan Health and Safety Element directs that Butte County is required to update its General Plan and Zoning Ordinance in a manner that is consistent with the CVFPP; and, WHEREAS,the proposed amendments to the Land Use Element and Health and Safety Element set forth more detailed mapping, policies, actions, and information regarding flood risk in an extreme storm event, or from a levee or dam failure, in response to requirements set forth under SB-5 and the CVFPP; and, WHEREAS,the proposed related amendments to Chapter 24(Zoning Ordinance) respond to new General Plan Health and Safety Element Action HS-A2.1, implementing,findings for flood protection within the 200-year floodplain and standards for an Urban Level of Flood Protection; and, WHEREAS, the proposed related amendments to Chapter 26 (Building Code) respond to new General Plan Health and Safety Element Action HS-A2.1, implementing findings for flood protection within the 200-year floodplain and standards for an Urban Level of Flood Protection; and, WHEREAS, the Planning Commission held a duly noticed public hearing on September 22, 2016 recommending adoption of the proposed amendments and approval of the EIR Addendum; and, WHEREAS,the Board of Supervisors held a duly noticed public hearing on October 25, 2016; and, WHEREAS, the General Plan Final EIR (FEIR) (SCH #2008092062) was certified on October 26, 2010 by the Butte County Board of Supervisors (Resolution 10-150) and a Supplemental Final EIR (SFEIR) (SCH #2012022059) was certified on November 6, 2012 (Resolution 12-123); and, WHEREAS, the Board of Supervisors has reviewed and considered the information in the FEIR and SFEIR described above, FEIR and SFEIR administrative record, staff reports, and all oral and written testimony presented to the Board of Supervisors; 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 FEIR and SFEIR; and, WHEREAS, the County has determined that the proposed amendments to the Land Use Element and Health and Safety Element 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 FEIR and SFEIR has therefore been prepared pursuant to CEQA Guidelines Section 15164 for the proposed General Plan Land Use Element and Health and Safety Element Amendments, Zoning Ordinance Amendments, and Building Ordinance Amendments; and, WHEREAS, the Addendum provides analysis and cites substantial evidence that supports the County's determination that the proposed Amendments to the General Plan Land Use Element and Health and Safety Element, Zoning Ordinance, and Building Ordinance do not meet the criteria for preparing a subsequent or supplemental EIR under CEQA Guidelines Section 15162 including: 1. The proposed General Plan Land Use Element and Health and Safety Element amendments, Zoning Ordinance Amendments, and Building Ordinance Amendments would not cause a new significant impact or substantially increase the severity of a previously identified significant impact from the General Plan FEIR or SFEIR (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 FEIR and SFEIR. Relatedly, the General Plan Land Use Element and Health and Safety Element Amendments, Zoning Ordinance Amendments, and Building Ordinance Amendments are not inconsistent with any of the General Plan policies intended to mitigate environmental impacts. 2. The proposed amendments to the General Plan Land Use Element and Health and Safety Element, Zoning Ordinance, and Building Ordinance would not 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" under CEQA Guidelines Section 15162[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 FEIR and SFEIR, which would substantially reduce one or more significant effects on the environment (conditions "C" and "D" under 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 Supervisors hearing on the General Plan Land Use Element and Health and Safety Element Amendments, Zoning Ordinance Amendments, and Building Ordinance Amendments, FEIR and SFEIR 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 supports the County's determination that the proposed Amendments 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 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 Amendments are consistent and compatible with the General Plan and any applicable community or specific plan as provided by Government Code Section 65860. 6. The proposed Adoption of the Amendments is internally consistent with other applicable provisions of the Zoning Ordinance. 7. The proposed Adoption of the 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 makes the following findings to support the adoption of the Amendments to the General Plan Land Use Element and Health and Safety Element Amendment: 1. Adoption of the Amendments to the General Plan Land Use Map are in the public interest. 2. The General Plan Land Use Element and Health and Safety Element Amendments are consistent and compatible with the General Plan. 3. The General Plan Land Use Element and Health and Safety Element Amendments are consistent with the other applicable provisions of the Zoning Ordinance. 4. The potential effects of the General Plan Land Use Element and Health and Safety Element Amendments, have been evaluated and have been determined not to be detrimental to the public health, safety or welfare. BE IT FURTHER RESOLVED that the Board of Supervisors hereby adopts the Amendments to the General Plan Land Use Element and Health and Safety Element as set-forth under Exhibit A. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 25th day of October, 2016by the following vote: AYES: Supervisor WahI, Kirk, Lambert, Teeter and Chair Connelly NOES: None ABSENT: None NOT VOTING: None _ �� BILL C��hNyNELLY, Chair ofthe Butte County Board of Supervisors ATTEST: PAUL HAHN, Chief Administrative Officer and Clerk of the Board ~ By