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Resolution No. 17-053
RESOLUTION ADOPTING AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MAKING FINDINGS
FOR AND ADOPTING GENERAL PLAN AMENDMENT GPA1 -001; SPECIFIC PLANT AMENDMENT SPA16-0001,
AMENDING THE NORTH CHICO SPECIFIC PLAN;AND MAKING FINDINGS FOR REZONE REZ16-0002, FOR COURTESY
AUTOMOTIVE CE'NT'ER
WHEREAS, on October 26, 2010,. Butte County adapted the Butte County General Plan 2030, including a new
General Plan Land Use Map (Resolution 10-152); and
WHEREAS, General Plan 2030 is a comprehensive, Bong-term general plan for Butte County and establishes an
overall)framework and set of land use planning goals for the unincorporated area of the County. General Plan 2030 has a
20-year planning horizon; and
WHEREAS,on November 6,2012, Butte County adopted the Zoning Ordinance(Chapter 24 of Butte County Code),
including a zoning map (Ordinance No.4050); and
WHEREAS, on March 28, 1995, Butte County adopted the North Chico Specific Plan, including a land use map
(Resolution No. 95-47); and
WHEREAS, Courtesy Automotive Center has applied for a General Plan Amendment to amend the General Plan
land use designation from Industrial to Retail and Office; a Rezone amending the zoning map from LI (Light Industrial) to
G-C (General Commercial); and a Specific Plan Amendment to the North Chico Specific Plan to amend the Specific Plan
designation from Light Industrial to General Commercial; and
WHEREAS, the project site is located on the east side of Garner Lane, approximately 0.25 miles south of the
intersection of Garner Lane and State Route 99, north of Chico; and
WHEREAS,the subject property includes five parcels, Assessor Parcel Numbers 060-400-061, -063, -064, -065 &-
066, together with a portion of Butte County right of way that the applicant has proposed for abandonment, and is
approximately 11.32 acres in size; and
WHEREAS, at a noticed public hearing on February 23, 2017,. the Planning Commission recommended that the
Board of Supervisors adopt the Initial Study and Mitigated Negative Declaration and approve General Plan Amendment
GPA16-0001; Rezone REZ16-0002; and Specific Plan Amendment SPA16-0001 with a requirement that the service station
be subject to a conditional use permit(Resolution No. 17-05); and
WHEREAS, the Board of Supervisors has considered General Plan Amendment GPA16-0001., Rezone REZ16-0002,
North Chico Specific Plan Amendment SPA16-0001 and a Mitigated Negative Declaration prepared for the project in
accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, said code amendments were referred to various affected public and private agencies, County
departments, and referral agencies for review and comments; and
WHEREAS,a duly noticed public hearing was held on March 28,2017,and the Board of Supervisors has considered
public comments,the recommendation of the Planning Commission, and a report from the Planning Division.
NOW,THEREFORE,BE IT RESOLVED that the Butte County Board of Supervisors hereby takes the following actions
and makes the following findings: .
I. Adopts the Initial Study and Mitigated Negative Declaration with the following findings:
A. An Initial Study was completed in compliance with CEQA. Said study identified no significant
environmental effects with inclusion of recommended mitigation measures.
B. Mitigation Measure #4 has been modified, per request of Caltrans, to also incorporate an exclusive
right turn lane at the eastbound intersection of Garner Lane and State Highway 99 to address potential
traffic impacts of the proposed project. This modification represents an equal or better and more
effective mitigation that does not increase project impacts.
C. The Board of Supervisors has considered the Mitigated Negative Declaration,together with comments
received during the review process.
D. 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 GPA16-0001,
Rezone REZ16-0002 and North Chico Specific Plan Amendment, would have a significant impact on
the environment. The custodian of the record is the Department of Development Services. The
location of the record is 7 County Center Drive, Oroville CA 95965.
E. The Initial Study and Mitigated Negative Declaration reflects the independent judgment and analysis
of Butte County,which is the Lead Agency.
F. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required
prior to filing a Notice of Determination for the project, unless verification from the California
Department of Fish and Game is provided that the project is exempt from the fee requirement. If a
required fee is not paid for the project,the project will not be operative,vested or final and any local
permits issued for the project will be invalid (Section 711.4 (c) (3)),
II. Adopts the General Plan Amendment GPA16-0001 (amending the General Plan Land Use Map from
Industrial to Retail &Office) as set forth in Exhibit B with the following findings:
A. The General Plan Amendment is in the public interest by providing economic growth and additional
jobs, and improving circulation by improving Garner Lane between Esplanade and State Highway 99
and by providing intersection and signalization improvements at Garner Lane and State Highway 99.
B. The proposed amendment is substantially consistent with applicable Goals and Policies of the Butte
County General Plan and North Chico Specific Plan based on the consistency review in the Planning
Commission and Board of Supervisors staff reports and set-forth in Exhibit A.
C. The potential effects of the proposed General Plan Amendment have been evaluated and determined
with the improvements and requirements that it will not be detrimental'to the public health, safety,
or welfare. While the project will not initially be connected to the public sewer system, it shall be
designed to be able to connect to public sewer facilities in the future per the Chico Urban Area Nitrate
Compliance Plan and Butte County Code,Chapter 19—On-site Wastewater Systems. The project shall
be required to connect to the City of Chico's sewer system when the sewer main is within 250 feet of
the subject property.
Q. The General Plan Amendment has been processed in accordance with the applicable provisionsof the
California Government Code and CE{}A.
|U|. Makes the following findings regarding Rezone REZ18-0002 (amending the Zoning Map from General
Industrial to General Commercial) as set forth in Exhibit C with the following findings:
A. The proposed rezone is substantially cons,istent with applicable�oals and Policies of the Butte County
General Plan and North Chico Specific 9|mm based on the consistency review in the Planning
Commission and Board of Supervisors staff reports and set-forth in Exhibit A.
B. The proposed amendment has been evaluated and determined with the improvements and
requirements that |twill not bedetrimental tothe public health, safety,orwelfare ofthe county.
C. The project sitehasbeemamaUyzedamdit has been determined with the required improvements and
conditions, the proposed amendment and use ofthe site will not endanger,jeopardize, orotherwise
constitute ahazard tgthe property, surrounding properties, and the community mtlarge.
|V. Adopts the North Chico Specific Pian Map Amendment (SPA16-0001) asset forth in Exhibit Dwith the
following findings:
A° The amendment is in the pubhc interest by providing economic growth and additional jobs,improving
circulation by improving Garner Lane between Esplanade and State Highway 99 and by providing
intersection and signalization improvements at Garner Lane and State Highway 99.
B. The proposed amendment is substantially consistent with applicable Goals and Policies of the Butte
County General Plan and North Chico Specific Plan based on, the consistency review in the Planning
Commission and Board of Supervisors staff reports and set-f�rth in Exhibit A.
C. The potential effects of the proposed amendment have been evaluated and determined with the
improvements and requirements that it will not be detrimental to the public health,safety,or welfare.
D. The amendment has been processed in accordance with the applicable provisions of the California
Government Code and CEQA.
PASSED AND ADOPTED bythe Butte County Board ofSupervisors this 2O!h day ofMarch, 2817bvthe following
vote:
AYES: Supervisors Wahl, Kirk, Lambert,Teeter, aimdChair Connelly
NOES: None
/\BSENT: None
NOT VOTING: None
�
BILL CONNELLY,Chair 04
Butte County Board ofSupervisors
ATTEST:
PAUL HAHN, Chief Administrative Officer
Cle k. f the Board of Supervisors
EXHIBIT A
General Plan 2030 Consistency Review
The following are applicable Goals and Policies of the Land Use Element of the Butte County General Plan
2030. Staffs analysis assessing the projects' consistency or inconsistency with these goals and policies
are provided in italics following each item.
GOAL LU-1 Continue to uphold and respect the planning principles on which the County's land use
map is based. Staff Determination: the project is consistent with this Goal(see discussion below).
LU-P1.2 The County shall promote economic development and job-generating industry in
unincorporated areas.
LU-P1.9 The County shall allow commercial services and retail within unincorporated communities.
The applicant is proposing the GPA/REZ/SPA to allow for a commercial development(automotive sales
center, service and collision repair, car wash and convenience store with gas station), north of Chico.
This automotive sales center would be relocated from their existing site on Cohasset Road, in the city
of Chico. Staff Determination: the project is consistent with these policies.
GOAL LU-2 Provide for orderly, well-planned, and balanced growth that maintains private property
rights. Staff Determination: the project is generally consistent with this Goal(see discussion below).
LU-1132.2 Economic use and value of private property shall be maintained.
The project site and surrounding areas are designated for industrial and commercial uses. There are
existing industrial uses to the south and commercial uses to the north. The project site could be used
for industrial uses as identified in the North Chico Specific Plan. However, the applicant has identified
commercial uses that would be appropriate for the site. The proposed uses of the site would be
compatible and consistent with the surrounding uses. Staff Determination: the project is consistent
with this policy.
GOAL LU-9 Coordinate land development with provision of new services and infrastructure. Staff
Determination: the project is consistent with this Goal(see discussion below).
LU-P9.4 Applicants shall provide evidence of adequate infrastructure capacity to serve the
projected buildout of the proposed development projects.
LU-P9.5 New development projects shall provide their own infrastructure or tie in to existing
infrastructure as it is built.
The applicant completed a traffic study to determine the proposed development impacts to the
surrounding roadways. The project included a mitigation for improvements to the intersection of State
Route 99 and Gamer Lane. Gamer Lane will also be required to be improved, widened and include a
center left turn lane into the commercial development. Future development will initially use onsite
wastewater systems with the ability to tie-in to sewer. The project will be required to connect to the
City of Chico sewer system when the sewer main is within 250 feet of the project site. The
environmental document describes the proposed on-site wastewater system. Staff Determination: the
project is consistent with this policy.
GOAL LU-11 Effectively coordinate planning efforts with the municipalities Staff Determination: the
project is generally consistent with this Goal(see discussion below).
Page 1 of 6
LU-P11.1 The County shall continue to collaborate on planning and building within the municipalities'
spheres of influence in order to establish consistent development standards.
LU-P11.4 Staff shall also refer all County General Plan amendments, Zoning Code amendments, and
development projects with a municipality's General Planning Area to that municipality for review and
comment.
The proposed project has been discussed with the City of Chico and project information has been
made available to the City for review and comments. Staff Determination: the project is generally
consistent with this policy.
GOAL W-1 Maintain and enhance water quality. Staff Determination:the project is consistent with this
goal(see discussion below).
W-P1.2 The County shall cooperate with State and local agencies in efforts to identify and eliminate
or minimize all sources of existing and potential point and non-point sources of pollution to ground and
surface waters, including leaking fuel tanks, discharges from storm drains, auto dismantling, dump
sites, sanitary waste systems, parking lots, roadways and logging and mining operations.
The County has worked with the Regional Water Quality Control Board to address wastewater for the
project. it was determined the proposed project would be best served with individual septic systems to
keep the responsibility for operations, maintenance, and compliance with the Butte County Local Agency
Management Program (LAMP) and the Chico Urban Area Nitrate Compliance Plan(County Service Area
CSA 114).
Project operation would involve the routine transport, use, or disposal of hazardous materials. The
proposed gas station would include 12 fueling islands and corresponding underground storage tanks
(USTs). The USTs would consist of double walled, fiberglass fuel storage tanks with leak detection
sensors. The gas station would be subject to routine inspection by federal, state, and local regulatory
agencies with jurisdiction over fuel-dispensing facilities. To be operational after construction, the USTs
and all associated fuel delivery infrastructure (i.e. gas pumps), would be required to comply will all
applicable federal, state, and local regulations, including but not limited to those provisions established
by Section 2540.7, Gasoline Dispensing and Service Stations, of the California Occupational Safety
and Health (Cal/OSHA)Regulations and Chapter 38, Liquefied Petroleum Gases, of the California Fire
Code. Collectively, the routine inspection of the gas station, the UTSs, and all associated fuel delivery
infrastructure, along with the continued mandated compliance with all federal, state, and local
regulations would ensure that the proposed project is operated in a non-hazardous manner.
Storm water generated on-site will be dispersed on-site by the means of infiltration trenches located
throughout the project site. A separate system of infiltration trenches will be used along Gamer Lane for
storm water from the fight-of-way. Trenches will be incorporated into site landscaping and site
improvement designs, as appropriate. Stormwater quality and quantity will be accomplished in
accordance with the County's adopted storm water post-construction requirements and Best Management
Practices (BMPs) to minimize runoff and apply water quality treatments, with review and approval by the
County of Butte Public Works Department. The location of stoma water trenches will be in accordance
with Butte County Improvement Standards. The project components will comply with Butte County's
Stoma Water Management Program as a requirement of Phase Il of the National Pollutant Discharge
Elimination System (NPDES) Program and in compliance with the recently adopted Small Municipal
Separate Storm Sewer Systems (MS4) treatment standards. Staff Determination: the project is
consistent with this policy.
Page 2 of 6
W-P8.5 The County supports conversion from septic system to public sewer service,where feasible.
Initially, the project will not be connected to the public sewer system, but designed to be able to connect
to public sewer facilities in the future(per the Chico Urban Area Nitrate Compliance Plan and Butte County
Code, Chapter 19—On-site Wastewater Systems, Section 19-8 Connection to Public Sewer System and
Section 19-11 Chico Urban Area requirements). The project will be required to connect to the City of
Chico's sewer system when the sewer main is within 250 feet of the property. Staff Determination: the
project is consistent with this policy.
GOAL W-2 Ensure an abundant and sustainable water supply to support all uses in Butte County.
Staff Determination:the project is consistent with this goal(see discussion below).
W-P2.9 Applicants for new major development projects, as determined by the Department of
Development Services, shall demonstrate adequate water supply to meet the needs of the project,
including an evaluation of potential cumulative impacts to surrounding groundwater users and the
environment.*
Water services to future buildings within the project site would be provided by a transient non-
community public water system well in compliance with the Butte County Environmental Health's Small
Water Systems Program. Sufficient groundwater resources are available in the project area to serve
development at the site. Staff Determination: the project is consistent with this policy.
GOAL W-4 Promote water conservation as an important part of long-term and sustainable water
supply. Staff Determination: the project is inconsistent with this goal(see discussion below).
W-P4.6 New development projects shall adopt best management practices for water use efficiency
and demonstrate specific water conservation measures.
Future development of the site will include low flow plumbing fixtures(faucets, toilets and urinals). The
car wash will use recycled water. Future landscaping will use plant species for their compatibility with
the regional climatic conditions along with being drought tolerant. Landscaping will be required to meet
the standards of the state Model Water Efficient Landscape Ordinance. Staff Determination: the
project is consistent with this policy.
GOAL. W-6 Protect water quality through effective stormwater management. Staff Determination: the
project is consistent with this goal.
W-P5.2 New development projects shall identify and adequately mitigate their water quality impacts
from stormwater runoff.
Storm water generated on-site will be dispersed on-site by the means of infiltration trenches located
throughout the project site. A separate system of infiltration trenches will be used along Garner Lane for
public water. Trenches will be incorporated into site landscaping and site improvement designs, as
appropriate. Stormwater quality and quantity will be accomplished in accordance with the County's
adopted stormwater post-construction requirements and Best Management Practices(BMPs)to minimize
runoff and apply water quality treatments, with review and approval by the County of Butte Public Works
Department. Staff Determination:the project is consistent with this policy.
GOAL CIR-8 Provide an adequate road system that is within the County's ability to finance and maintain.
Staff Determination: the project is consistent with this goal.
CIR-P8.3 Approval of new development projects shall be conditioned on payment of established traffic
impact fees as a means to fund construction and improvement of affected roadways.
Page 3 of 6
Development of the proposed project will require payment into the Chico Urban Area Street
Improvement Fee based on a traffic generating impact study done for their proposed auto sales
dealership and other trips generated based on the other proposed uses. Staff Determination: the
project is consistent with this policy.
GOAL CIR-9 Provide a circulation system that supports public safety. Staff Determination: the project
is consistent with this goal.
CIR-P9.2 New development projects shall include safe routes to school where appropriate.
While the project will not be creating separate bike lanes along Gamer Lane, they will be widening the
road and improving the existing intersection and signalization at State Route 99 and Gamer Lane.
Staff Determination: the project is generally consistent with this policy.
GOAL COS-1 Reduce greenhouse gas emissions to 1990 levels by 2020. Staff Determination: the
project is consistent with this goal.
COS-P1.1 Greenhouse gas emission impacts from proposed development projects shall be evaluated
as required by the California Environmental Quality Act.
COS-P1.2 New development projects shall mitigate greenhouse gas emissions on-site or as close to
the site as possible.
The Initial Study,prepared pursuant to the CEQA, evaluated whetherthe proposed project would cause
an adverse impact from greenhouse gas emissions, and whether the project is consistent with the Butte
County Climate Action Plan.
Cal Green development measures will be applied in the design of the future development, with the use
alternative fuels for construction equipment and limiting construction equipment idling times applied
during construction. Staff Determination: the project is consistent with this policy.
GOAL COS-2 Promote green building, planning and business. Staff Determination: the project is
consistent with this goal.
COS-P2.2 New Development shall comply with Green Building Standards adopted by the California
Building Standards Commission at the time of building permit application, including requirements about
low or no-toxicity building materials.
Cal Green development measures will be applied in the design of the future development, at the time
of the building permit application. Staff Determination:the project is consistent with this policy.
GOAL COS-5 Minimize air pollutant emissions. Staff Determination: the project is consistent with this
goal.
COS-P5.2 Developers shall implement best available mitigation measures to reduce air pollutant
emissions associated with the construction and operation of development projects.
The project includes an air quality mitigation measure that contains best management practices in the
suppression of dust and other air pollution emissions during construction activities. Staff
Determination: the project is consistent with this policy.
GOAL COS-15 Ensure that new development does not adversely impact cultural resources. Staff
Determination: the project is consistent with this goal.
COS-P15.1 Areas found during construction to contain significant historic or prehistoric archaeological
artifacts shall be examined by a qualified consulting archaeologist or historian for appropriate protection
Page 4 of 6
and preservation. Historic or prehistoric artifacts found during construction shall be examined by a
qualified consulting archaeologist or historian to determine their significance and develop appropriate
protection and preservation measures.
COS-P15.2 Any archaeological or paleontological resources on a development project site shall be
either preserved in their sites or adequately documented as a condition of removal. When a
development project has sufficient flexibility, avoidance and preservation of the resource shall be the
primary mitigation measure.
Mitigation measures have been included that address the recovery of cultural resources, and
identification of human remains, should any be discovered through future grading activities on the
resultant parcels. Staff Determination: the project is consistent with this policy.
GOAL COS-16 Respect Native American culture and planning concerns. Staff Determination: the
project is consistent with this goal.
COS-P16.1 County staff shall participate in a dialog with local Native American tribes to collaborate
on tribal land use plans.
COS-P16.2 Impacts to the traditional Native American landscape shall be considered during California
Environmental Quality Act or National Environmental Protection Act review of development proposals.
COS-P16.3 Human remains discovered during implementation of public and private development
projects shall be treated with dignity and respect. Such treatment shall fully comply with the federal
Native American Graves Protection and Repatriation Act and other appropriate laws.
COS-P16.4 If human remains are located during any ground disturbing activity, work shall stop until
the County Coroner has been contacted, and, if the human remains are determined to be of Native
American origin, the NAHC and most likely descendant have been consulted.
COS-P16.5 Consistent with State local and tribal intergovernmental consultation requirements such
as SB18,the County shall consult with Native American tribes that may be interested in proposed new
development projects and land use policy changes.
As part of the processing of the project application, County staff initiated a Tribal Consultation Request
with tribes that have requested Formal notification of proposed projects within their geographic area of
traditional and cultural affiliation per AB 52 Notification Request, Public Resources Code Section
21080.3(b). The County received two responses, one from the Enterprise Rancheria indicating that
the project site was not in the aboriginal territory of the Estom Yumeka Maidu and a second response
from the Mechoopda Indian Rancheria indicating that the Tribe did not have current records of
significance for the project site. In addition, as part of the preparation of the CRI, a sacred lands file
request and Native American Consultation was conducted. Consultation letters were sent to seven
tribes on October 17, 2016 with follow-up emails and phone calls, two responses were received with
no concerns. Staff Determination: the project is consistent with this policy.
GOAL CIR-5 Provide a safe, continuous, integrated and accessible bicycle system, so as to
encourage the use of the bicycle as a viable transportation mode and as a form of recreation
and exercise. Staff Determination: the project is consistent with this Goal (see discussion
below).
CIR-P5.2 New bicycle routes and paths shall create a safe bicycle environment.
Page 5 of 6
The North Chico Specific Plan, Figure 4.2, Paths and Trails, identifies a Class 2 Bike Lane on
Garner Lane between State Highway 99 and Esplanade. As part of the projects road
improvements, a Class 2 bike lane will be included.
CIR-P5.7 Owners of apartment complexes and major commercial, office, industrial and
educational sites shall provide safe, plentiful and centrally located bicycle parking facilities.
The Zoning Ordinance section 24-96, Bicycle facilities, requires standards in urban zones.
The requirements include: bicycle parking spaces shall be provided at a rate appropriate for
the use; bicycle parking shall be located in highly visible locations and weather protected
areas; bicycle and automobile parking shall be separated from one another by a physical
barrier or sufficient distance to protect bicycles and their riders from damage; and bicycle
parking and storage areas shall be paved with asphalt, concrete, or other all-weather access
surface. These requirements are addressed during the building permit process.
North Chico Specific Plan Consistency, Review
Currently, the NCSP General Commercial designation requires a conditional use permit for a service
station. The Zoning Ordinance allows a service station with an administrative permit. The NCSP's General
Commercial designation allows the same or similar types of uses that the project proposes, such as repair
garages, auto car washes and used car lots. A service station is a use of similar character as other
permitted uses in the C-2 designation and therefore is appropriate as a permitted use.
The following are applicable Goals and Policies of the North Chico Specific Plan. Staffs analysis assessing
the projects' consistency or inconsistency with these goals and policies are provided in italics following
each item.
Commercial/Industrial Policy — Locate and orient commercial buildings to minimize negative impacts
on adjoining residences. Outdoor activity areas and noise-generating equipment should be located away
from residential areas. Staff Determination: the project is consistent with this Policy (see discussion
below).
The applicant is proposing the GPA/REZ/SPA to allow for a commercial development(automotive sales
center, service and collision repair, car wash and convenience store with gas station), north of Chico.
The buildings and outdoor activity areas that are part of this project will be oriented towards Gamer
Land and away from nearby residential uses. This automotive sales center would be relocated from
their existing site on Cohasset Road, in the city of Chico. Staff Determination: the project is consistent
with this policy.
A project need not be consistent with each and every goal and policy of the General Plan. However, in
the preceding analysis, staff concluded that the project is consistent with all of the applicable 15 General
Plan 2030 goals and 26 related policies. Staffs overall determination is that the project is consistent with
the applicable goals and policies of General Plan 2030. The project is also consistent with each
applicable policy identified in the North Chico Specific Plan.
Page 6 of 6
........
Exhibit B - General Plan Land Use Designation Amendment
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Exhibit D - WSPAmendment N
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710 355 0 710 1,420 2,130 2,840
Feet Supervisor District 82
Request:Genral Plain r1,rt7eiiditactutJMtcroiie)Specific flan Antcndntcnt 1APN: 0,06-400-061,-0637-064„-065 ale-066 Fik 0c GJPA r,-000VREZ16-00n,,SPAT6.0(