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Resolution No. 17-155
A RES07LUTICON 07F THE BUTTE COUNTY BOARD OF SUPERVISORS
APPROVING AN EIR ADDENDUM;ADOPTING AMENDMENTS TO THE GENERAL PLAN LAND USE MAP FROOM MHDR
(MEDIUM HIGH DENSITY RESIDENTIAL)TO GC(GENERAL COMMERCIAL) FOR ASSESSOR PARCEL NUMBER 040-234-005
IN I MAGALIIA AND FROM GC(GENERAL COMMERCIAL)TO RR(RURAL RESIDENTIAL) FOR ASSESSOR PARCEL NUMBER
064-6607-050 IN DURHAM
WHEREAS,the Butte County General Plan 20730 (GP 2030) Update process was initiated by action of the Board of
Supervisors, including the adoption of Resolution No. 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 (Resolution No. 10-152); and
WHEREAS, the General Plan Final EIR (FEIR) (SCH ##2008092062) was certified on October 26, 2010 by the Butte
County Board of Supervisors(Resolution No. 1.0-150)and a Supplemental Final EIR SFEIR)(SCH#201202.2059)was certified
on November 6, 2012 (Resolution No. 12-123); 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,on September 27,2012,the Planning Commission made recommendations to the Board of Supervisors
and on November 6, 2012, the Board of Supervisors adapted the Zoning Ordinance Update under Ordinance No. 4050;
and
WHEREAS, from time-to-time County-initiated Amendments to the General Plan and Zoning Ordinance and their
corresponding Official Maps are required to address a variety of needed updates including but not limited to corrections,
legal compliance, and other issues that arise; and
WHEREAS, further County-initiated Amendments to the General Plan have taken place in 2012,. 2014, 2015, and
2016, and to the Zoning Ordinance in 2013, 2015, and 2016 to further address updates, corrections, and issues that have
arisen since the General Plan's adoption in 2010 and the Zoning Ordinance's adoption in 2012; and
WHEREAS, Butte County Development Services staff has identified two additional amendments to the General
Plan Land Use Map; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 10, 2017 and recommends
approval of the proposed amendments; and
WHEREAS,the Butte County Board of Supervisors 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
Planning Commission; and
WHEREAS, the County complied with the requirements of the California Environmental Quality Act, Public
Resources Code sections 21000-21175.1 (CEQA) in approving the FSEIR; and
WHEREAS, the County has determined that the proposed amendments to the General Plan Land Use Map
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 Map amendments, Zoning Map
Amendments, and Zoning Ordinance Amendments; and
WHEREAS, the Addendum provides analysis and cites substantial evidence that supports the County's
determination that the proposed General Plan Land Use Map amendments, Zoning Map Amendments, and
Zoning Ordinance Amendments 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 Map amendments, Zoning Map Amendments, and 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 General Plan Land Use Map amendments, Zoning Map Amendments
and Zoning 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 Map, Zoning Map, and Zoning Ordinance
Amendments 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 adaption 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][31); a substantial increase in the severity of a previously
identified significant impact (condition "B" 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 EIR which would substantially reduce one or more significant
effects on the environment(conditions "C" and "D" CEQA Guidelines section 15162[x][31).
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 Map 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 support's 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.
l 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 orexceed the requirements nfthe Planning and Zoning Law and CEOA.
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 isconsistent and compatiblewith the General Plan and any applicable
community orspecific plan osprovided byGovernment Code section 6586O.
G. 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 hereby adopts the proposed General Plan Amendments,
with the following findings:
1. Adoption ofthe Amendments tVthe General Plan Land Use Map |s |nthe public interest.
2. The General Plan Land Use Map amendments are consistent and compatible with the General Plan.
3. The General Plan Land Use Map amendments are consistent with the other applicable provisions of the Zoning
Ordinance.
4. The potential effects of the General Plan Land Use Map amendments have been evaluated and have been
determined motto bedetrimental tothe public health, safety orwelfare.
BE IT FURTHER RESOLVED that the Butte County Board of Supervisors hereby adopts the General Plan Land Use
K4apamendments, asmet-foxthunder Exhibit A.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 12m day of September, 2017, by the
following vote:
AYES:Supervisors Wahl, Kirk, Lambert, Teeter, and Chair Connelly
NOES: None
A8SE0T: Nong ~
NOT VOTING: Nome
Bill Connelly, Chair I
Butte County Board ofSupervisors
ATTEST:
Paul Hahm,Chief Administrative Officer
and Clerk of the Board nfSupervisors
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