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HomeMy WebLinkAbout19-188WHEREAS, the Butte County General Plan 2030 (GP 2030) Update process was initiated by action of the Board of Supervisors, including the adoption ofResolution D6-O85unMay l3,ID06 which created the Butte County General Plan Citizens Advisory Committee and set in motion a process of holding publicworkshops and meetings regarding the County's GP203QUpdate; and WHEREAS, on October 26, 2010 Butte County adopted a new General Plan, including new General Plan Land Ulse Map (Resolution 10-152); and WHEREAS, the General Man Final BR (FBR) (5[H #200809206I) 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 6,20I2(Resolution I2-123\;and WHEREAS, prior to the adoption of the new Genera I 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 Gengna|Plan 2030 project directed by the Board of Supervisors also referred to as "Meeting Series #8°,which involves acomprehensive update, tothe existing Butte County Zoning [}rd|nance; and WHEREAS, VnSeptember 27,2O12 the Planning Commission made recommendations to the Board of Supervisors and on November 6, 2012 the Board of Supervisors adopted the Zoning Ordinance Update under Ordinance 44050; and WHEREAS, from t|nne-to-timeCounty-mitiatedAmendments tnthe General Plan and Zoning Ordinance and their corresponding Official Maps aire 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 tuthe General Plan have taken place |m2012,2014,20ISi2O16 and to the Zoning Ordinance in 2013, 2015, 2016, and 2017 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, the Planning Commission held duly noticed public hearings on November 8, 2018 and December 13, 2018, and recommends approval of the proposed EIR Addendum; and WHEREAS, the Butte County Board of Supervisors reviewed and considered the information in the FEIR and SFEIR described above, FBRand SFE|Radministrative record, staff reports, and all oral and written testimony presented tmthe Planning Commission; and WHEREAS, the County complied with the requirements of the California Environmental Quality Act PuWic WHEREAS, the Co�untyhas determined that the proposed amendments tothe Butte County Zoning Ordinance and the Adult Business Regulation Article ofButte [oumty[ode Chapter 15/~2018AR1endnments"\dmnot meet the criteria for preparing a subsequent or supplemental EIR under CEQA Guidelines Section 15162; and WHEREAS, an Addendum to the General Plan, FBRand SFEVR has therefore been prepared pursuant to CEQAf]uide|ines Section 15164for the proposed amendments, and WHEREAS, the Addendum provides analysis and cites substantial evidence that supports the County's determination that the proposed Amendments do not meet the criteria for pnopohng a subsequent or supplemental BR under CE[\AGuidelines Section 15162 including: 1) The proposed Amendnnemtsm/om|d not cause, a new significant impact mrsubstantially increase the severity of previously identified s,igmlf|can1 impact from the General Plan E|R or Supplemental BR /CE[\A Guidelines Section 15162[a][1]) that would require major rewisioms to either E|R. All impacts would be nearly equivalent to the impacts previously analyzed in the General Plan BR and Supplemental E|R. Re|atedk� the Amendments are not inconsistent with any of the General Plan policies intended tomitigate environmental impacts. 2} The proposed amendments would not camse a new significant impact or substantially increase the severity of previously identified significant impact, and there have been no other chainAes in tke circumstances that meet this criterion. 3) As documented in Section 3.0 of the Addendum, there is no new information of substantial importance (which wosnotknovvnorcou|dmothavebeen known atthetinoeoftheGemenm|P|anadoptioninOctober 2O1Oor General Plan Amendment and Zoning Ordinance adoption in November 2012), that identifies: a new significaint impact (condition °A" under CEQAGuidelines Section 1S162[e][3]\; a substantial increase in the severity nfa previously identified significant impact (condition "@° [EQA Guidelines Section 15162[a][3]); mitigation measures or alternatives p�reviousUyfound infeasible that would now be feasible and would substantially reduce one or more significant effects of the General Plan; or nnUtiAadom measures oralternatives which are considerably different from those analyzed in the General Plan BRv*hichwould substantially reduce one mrmore significant effects on the environment (conditions "C" and "D" CECIA Guidelines Section 15162[a][31). NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby makes the following findings: 1. Notice ofthe Board VfSupervisors hearing onthe 2018 Amendments, FOR and SFE|Rwas given gsrequired bmlaw and the actions were conducted in, accordance with CEQA, and the State CEQA Guidelines. 3. An Addendum was prepared that provides analysis and cites substantial evidence that supports the County's determination that the proposed 3018 Amendments do not meet the criteria for preparing subsequent o/ supplemental E|Runder CEQAGuidelines Section 15162 3. All individuals, groups and agencies desiring to comment were given adequate opportunity to submit oral and written comments on the 2018 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 comsidered this information in adopting this resolution. S. The proposed 2018 Amendments are consistent and compatible with the General Plan and any applicable community orspecific plan asprovided byGovernment Code Section 65860. 6. The proposed 2018 Amendments are internally mzmaiatemt with other applicable p�rmv|sioms of the Zoning Ordinance. 7. The proposed 2018 Amendments, are in the public interest, and protect the health, safety, and welfare of the County. BE IT FURTHER RESOLVED that the Board of Supervisors hereby approves the EIR Addendum for the General Plan 2030 EIR and Supplemental EIR prepared for the 2018 Amendments. PASSED AND ADOPTED by the Butte County Board of Supervisors this 7t" day of May, 2019,1by the following vote: AYES: Supervisors Connelly, Lucero, Ritter, Teeter, and Chair Lambert NOES: None ABSENT:None 10141111kMeld ML411110 Steve Lambe 6.1 r air Butte County Board of Supervisors F -Its 11*1 Shari McCracken, Chief Administrative Officer and Clerk of the Board of Supervisors By: Dep,ut ■ ' I IRL i A w Department of Development Services 7" County Center Drive, Oroville, CA 95955 530-552-3682 October 24, 2018 Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental tIR — 2018 Zoning Ordinance Amendments Page 1 of 21 1.0 INTRODUCTION This EIR Addendum was prepared in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. This document has been prepared to serve as an Addendum to the previously certified General Plan Environmental Impact Report (General Plan EIR, State Clearinghouse Number 2008092062) and Supplemental Environmental Impact Report (GPA and Zoning Ordinance EIR, State Clearinghouse Number 2012022059) for the Butte County General Plan and Zoning Ordinance. The County of Butte is the lead agency for the environmental review of the General Plan and Zoning Ordinance project. This Addendum addresses the proposed amendments to the Zoning Ordinance in relation to the previous environmental review prepared for the Butte County General Plan EIR and Supplemental EIR. CEQA Guidelines Section 15164 defines an Addendum as: The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. .....A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. Information and technical analyses from the Butte County General Plan EIR and Supplemental EIR are utilized throughout this Addendum. Relevant passages from this document (consisting of the General Plan EIR and Supplemental EIR) are cited and available for review at: Butte County Department of Development Services 7 County Center Drive, Oroville 95965 Dan Breedon, AiCP, Principal Planner 530-552-3682 ] dbreedon@buttecounty.net Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR-2018 Zoning Ordinance Amendments Page 2 of 21 1.1 Background and Purpose of the EIR Addendum The General Plan EIR (SCH #2008092062) was certified on October 26, 2010 by the Butte County Board of Supervisors. The Supplemental EIR (SCH #2012022059) was certified on November 6, 2012. Text changes are proposed to the Zoning Ordinance and to the General Plan. Please refer to Section 2.0 (Project Description) for a detailed description of the proposed changes. In determining whether an Addendum is the appropriate document to analyze the modifications to the project and its approval, CEQA Guidelines Section 15164 (Addendum to an EIR or Negative Declaration) states: (a) The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. (d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. 1.2 Basis for Decision to Prepare Addendum When an environmental impact report has been adopted for a project, Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15164 set forth the criteria for determining whether a subsequent EIR, subsequent negative declaration, addendum, or no further documentation be prepared in support of further agency action on the project. Underthese Guidelines, a subsequent EIR or negative declaration shall be prepared if any of the following criteria are met. (a) When an EIR has been certified or negative declaration adopted for a project, no subsequent EiR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR — 2018 Zoning Ordinance Amendments Page 3 of 21 (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (8) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EiR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) if changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EiR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, and addendum, or no further documentation. As demonstrated in the environmental analysis provided in Section 3.0 (Environmental Analysis), the proposed amendments do not meet the criteria for preparing a subsequent EIR or negative declaration. An addendum is appropriate here because, as explained in Section 3.0, none of the conditions calling for preparation of a subsequent EIR or negative declaration have occurred. Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR —2018 Zoning Ordinance Amendments Page 4of21 2.0 PROJECT DESCRIPTION This section provides a detailed description of the proposed Amendment to the Zoning Ordinance. The reader is referred to Section 3.0 (Environmental Analysis) for the analysis of environmental effects of this project in relation to the analysis provided in the previously certified General Plan Environmental Impact Report (General Plan EIR, State Clearinghouse Number 2008092062) and Supplemental Environmental Impact Report (GPA and Zoning Ordinance EIR, State Clearinghouse Number 2012022059). 2.1 Project Location Butte County lies in north central California at the northeastern end of the Sacramento Valley, approximately 150 miles northeast of San Francisco and 70 miles north of Sacramento. State Highways 70 and 99, which extend in a north -south direction through Butte County, are the principal transportation corridors connecting the County to the region. State Highways 32 and 162 provide sub regional connections to areas to the east, northeast, and west of the county and to Interstate 5. From the northeastern end of the Sacramento Valley, Butte County extends into the foothills at the confluence of the southern Cascade and the northern Sierra Nevada mountain ranges. The total land area of Butte County is approximately 1,680 square miles, and can be divided into three general topographical areas: the western 45 percent of the County is a valley area, about 25 percent of the county is foothills to the east of the valley, and the eastern 30 percent of the county is mountainous. 2.2 Overview of the Butte County General Plan, Zoning Ordinance, and Associated EIR and Supplemental EIR Purpose of the Butte County General Plan The General Plan represents the basic community values, ideals and aspirations with respect to land use, development and conservation policy that will govern Butte County through 2030. This General Plan addresses all aspects of development, including land use; circulation and transportation; open space, natural resources and conservation; public facilities and services; safety; and noise. The preparation of a General Plan is required by California Government Code Section 65302. California Government Code Section 65300 requires the General Plan to be comprehensive and internally consistent, and to provide long-term guidance for the community. Purpose of the Zoning Ordinance 1. General. The Zoning Ordinance is adopted to implement the Butte County General Plan and to protect and promote the health, safety, and welfare of Butte County residents. Butte County Department of Development Services Addendum to the GP 2030 EIR and supplemental EIR-2018 Zoning Ordinance Amendments Page 5 of 21 2. Specific. The Zoning Ordinance is intended to: a. Preserve, protect, and enhance the fundamentally rural character of Butte County. b. Protect agricultural lands and associated industries as an important aspect of Butte County's economy. c. Protect sensitive environmental resources, including conservation areas, habitat for special status species, and wetlands. d. Protect the county's water resources. e. Promote an environmentally sustainable pattern of development. f. Promote economic growth and the creation of jobs for Butte County residents. g. Allow for residential, commercial, and industrial growth in a manner consistent with Butte County's rural character. h. Preserve the quality of life and character of existing residential neighborhoods. L Protect the public from hazards associated with natural and man-made disasters, including airport -related hazards. j. Promote and support an efficient multi -modal transportation system. k. Allow for public services and facilities to adequately serve the county population. 1. Allow for public participation in government decision-making regarding land use and development in a manner consistent with State law. Purpose_ of Zones and Zoning Map The Zoning Ordinance identifies all of the zones that apply to property within the County and establishes the official Butte County Zoning Map. The Zoning Map is divided into Base Zones, Overlay Zones, and further divided into Rural and Urban Zones as follows: 1. Base Zones. Butte County is divided into Base Zones that implement the General Plan. All of the zones are shown in Table 24-11-1 of the Zoning Ordinance. 2. Rural and Urban Zones. The Zoning Ordinance establishes varying standards and regulations that apply to rural and urban zones within the county. Distinguishing between rural and urban zones is intended to help preserve and enhance the rural character of the County and eliminate unnecessary and inappropriate regulations in rural areas. 3. Overlay Zones. The Zoning Ordinance and Zoning Map include Overlay Zones that provide additional requirements and uses on properties in addition to requirements of the underlying base zone. All of the Overlay Zones are shown in Table 24-11-2 of the Zoning Ordinance. Relationship of the Zoning Ordinance to the General Plan The Zoning Ordinance implements the goals and policies of the Butte County General Plan by regulating the uses of land and structures within the county. The Zoning Ordinance and the General Plan must be consistent with one another. If there are inconsistencies between the Zoning Ordinance and the General Plan, the General Plan governs. Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR-2018 Zoning Ordinance Amendments Page 6 of 21 Purpose of the General Plan 2030 EIR The General Plan 2030 Environmental Impact Report (EIR) provides an assessment of the potential environmental consequences of adoption and implementation of the proposed Butte County General Plan. This assessment is intended to inform County residents, decision -makers, and responsible and trustee agencies of the nature of General Plan 2030, and their effect on the environment. This EIR was prepared in accordance with and in fulfillment of California Environmental Quality Act (CEQA) requirements. Program EIRs are not project -specific and do not evaluate the impacts of specific development `projects' that may be proposed under General Plan 2030. Such projects will require separate environmental review to secure the necessary development entitlement. This EIR is intended, where appropriate, to be used as a first-tier environmental document for future projects, but it is not intended to address impacts of individual development projects. By incorporating policies intended to avoid environmental impacts and by steering development to existing incorporated and Unincorporated cities and communities, General Plan 2030 is largely self -mitigating. Rather than mitigating impacts from implementation of General Plan 2030 through mitigation measures in this EIR, the policies end land use map in General Plan 2030 are intended to prevent the majority of environmental impacts altogether. This includes some policies within the General Plan that are required as means to mitigate environmental impacts under the California Environmental Quality Act (CEQA). These policies all use the imperative "shall," and in all cases are mandatory. These policies are marked with an asterisk (*), and are provided under Appendix A. The implementation of the proposed General Plan 2030 has the potential to generate24 significant environmental impacts. Of these impacts, 18 are the result of the proposed General Plan 2030, and six are the result of General Plan 2030 combined with other cumulative development in the larger region. Section 15126.2(b) of the CEQA Guidelines requires that an EIR describe any significant impacts that cannot be avoided, even with the implementation of feasible mitigation measures. As described in Chapter 4 of the Draft EIR, significant unavoidable impacts were identified in the areas of agriculture, biological resources, hydrology and water quality, noise, transportation and circulation, and greenhouse gas emissions. On October 26, 2010, the Butte County Board of Supervisors adopted a Statement of Overriding Considerations for the Significant and Unavoidable Impacts identified under the General Plan 2030 EIR. Purpose of the Supplemental General Plan EIR The purpose of this Supplemental EIR is to inform the general public and decision makers of the changes to the environmental impacts of General Plan 2030 caused by General Plan 2030 (the "Approved Project" in the Supplemental EIR), in combination with an Amendment to the General Plan Amendment and the Zoning Ordinance Update ("Modified Project"). The Supplemental EIR looks at Butte County Department of Development services Addendum to the GP 2030 EIR and Supplemental EIR — 2018 Zoning Ordinance Amendments Page 7 of 21 the differences between the Modified Project and the Approved Project and evaluates whether the impacts would be increased or reduced, and how they would differ. As a Program EIR, the Supplemental EIR is not project -specific. It does not evaluate the impacts of specific projects that may be proposed under the GPA or Zoning Ordinance. Such projects will require separate environmental review to secure the necessary discretionary development permits. While future environmental review may be tiered off the Supplemental EIR, the Supplemental EIR is not intended to address impacts of individual projects. The Supplemental EIR determined that Implementation of the proposed GPA and Zoning Ordinance has the potential to generate five new significant environmental impacts beyond what was identified in the 2010 EIR for the Approved Project. All of the impacts are considered significant and unavoidable. The proposed GPA contributes to all of the impacts on a programmatic level. Because it implements General Plan 2030, as modified by the proposed GPA, the Supplemental EIR found that the proposed Zoning Ordinance would not create any new impacts in and of itself. Rather, the Zoning Ordinance would work to reduce potential impacts of General Plan 2030 and the GPA by including specific standards and regulations that would restrict development beyond the restrictions established in the General Plan. On November 5, 2012, the Butte County Board of Supervisors adopted a Statement of Overriding Considerations for the Significant and Unavoidable Impacts identified under the Supplemental General Plan 2030 EIR, Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR-2018 Zoning Ordinance Amendments Page 8 of 21 2.3 Proposed Amendments to the Zoning Ordinance Text and Zoning Map Zoning Ordinance Text Amendments. The following provides a summary of the amendments proposed to the Zoning Ordinance Text: 1) Large Child Day Care Facilities -Butte County Code Section 24-159 (E). Update to public noticing, hearing and approval requirements to be consistent with the California Health and Safety Code. 2) Butte County Code Article 16, Riparian Areas, Section 24-78 (C). Allowance of development within the riparian area required under Article 16 upon securing an administratvie permit under certain circumstances and subject to certain requirements. The allowed development would be subject to development standards and a biological resource evaluation, in Commercial and Industrial zones. 3) Consistency with Butte County Code Chapter 33B. Ban on Hydraulic Fracturing Zoning Ordinance Amendment. On lune 12, 2018, the Board of Supervisors provided direction to amend the Zoning Ordinance to be consistent with Chapter 33 B. Ban on Hydraulic Fracturing. Various parts of the Zoning Ordinance discuss the subject of fracking and needs amendment to conform to Chapter 33 B. 4) Removal of allowance of Adult Businesses in the LI (Light Industrial) zone and related changes to Butte County Code Chapter 15, Article IV Adult Business Regulation. Amends Table 24-26-1, Adult Businesses in the LI (Limited Industrial) zone to be consistent with Chapter 15, Article IV. — Adult Business Regulation, by indicating that this use is not allowed. A related amendment to Chapter 15, Article IV, Section 15-112, Location Restrictions, Subsection (a), proposes to change references to the M-1 (Light Industrial) and M-2 (Heavy Industrial) zones to GI (General Industrial) and HI (Heavy Industrial) zones respectively, consistent with the Zoning Ordinance. 5) Government Code Section 65402 (General Plan Conformity for Land Acquisitions). Proposed amendment under Section 24-256 —Zoning Administrator, Subsection (B) (1) allowing the Zoning Administrator to review general plan conformity in all cases of land acquisition and disposal. 6) On -Site Digital Signs, Amendment of Article 20. Signs, Section 24-100, Section 24-103, Table 24- 105-1, Table 24-105-2, and Section 24-106. An amendment to allow on-site digital signs that identifies a use, facility, service or product located, sold, or manufactured on the same premises as the sign using digital -display technology as a means of changing sign images, through an administrative permit. Zoning Ordinance Map Amendments. The following provides a summary of the amendments proposed to the Zoning Ordinance Map: 1) Richvale Area Rezone (Agriculture to Agriculture Services). On June 12, 2018, the Board of Supervisors provided direction to Development Services staff regarding several parcels (APNs: 029-100-068, -029, - 019, and -074) in the Richvale area that were erroneously zoned AG -40 (Agriculture, 40 -acre minimum parcel size). These parcels are occupied by agricultural support service uses such as rice processors, equipment yards and storage buildings. Development Services staff proposes a rezone from AG -40 to AS (Agriculture Services), as more appropriate for the current land uses and development. Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR— 2018 Zoning ordinance Amendments Page 9 of 21 3.0 ENVIRONMENTAL ANALYSIS This section of the Addendum provides analysis and cites substantial evidence that supports the County's determination that the proposed amendments to the General Plan and Zoning Ordinance do not meet the criteria for preparing a subsequent or supplemental EIR under CEQA Guidelines Section 15162. First, as addressed in the analysis below, the proposed amendments to the General Plan a n d Zoning Ordinance, ("Project") are not substantial changes to existing policies and actions. Some policies in the General Plan are also required as means to mitigate environmental impacts under the California Environmental Quality Act (CEQA). These policies all use the imperative "shall," and in all cases are mandatory. These policies are marked with an asterisk (*), and are provided under Appendix A. The project 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 project is not inconsistent with any of the General Plan policies set forth under Appendix A. As indicated in Section 1.0, by incorporating policies intended to avoid environmental impacts and by steering development to existing incorporated and unincorporated cities and communities, General Plan 2030 is largely self -mitigating. Ratherthan mitigating impacts from implementation of General Plan 2030 through mitigation measures in the EIR, the policies and land use map in General Plan 2030 are intended to prevent the majority of environmental impacts altogether. Second, proposed modifications to the General Plan and Zoning 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 (CEQA Guidelines Section 15162[a][2]). There have been no changes in the environmental conditions in the Butte County Planning Area not contemplated and analyzed in the General Plan EIR or Supplemental EIR that would result in new or substantially more severe environmental impacts. Third, as documented in Section 3.0, 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][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 Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR-2018 Zoning Ordinance Amendments Page 10 of 21 (conditions "C" and "D" CEQA Guidelines Section 15162[a][31). The reader is referred to County Resolution No's. 10-150 and 12-123 regarding findings on the feasibility of alternatives evaluated in the General Plan EIR and Supplemental EIR. None of the "new information" conditions listed in the CEQA Guidelines Section 15162[a1 [3] are present here to trigger the need for a subsequent or Supplemental EIR. CEQA Guidelines Section 15164 states that "The lead agency or a responsible agency shall prepare an addendum to a previously Certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred." An addendum is appropriate here because, as explained above, none of the conditions calling for preparation of a subsequent EIR have occurred. 3.1 Zoning Ordinance Amendments Impact Discussion 1) Large Child Day Care Facilities, Butte County Code Section 24-159 (E). Update to the public noticing, hearing and approval requirements to be consistent with the California Health and Safety Code. Impact Discussion: The proposed amendment pertains to an administrative function only and does not not create a new or increased severity of significant impacts or land uses that would occur beyond what was addressed in the General Plan Final EIR and Supplemental EIR. There are no changed circumstances or new information that meets the standard for requiring further environmental review under CEQA Guidelines Section 15162. 2) Butte County Code Article 16, Riparian Areas, Section 24-78 (C). Allowance of development within the riparian area required under Article 16 under certain circumstances and subject to certain requirements. The allowed development would be subject to an administrative permit and development standards in the Commercial and industrial zones. Impact Discussion: Site specific environmental impacts would be assessed at the time of administrative permit processing. A biological resource assessment would be required as part of the Administrative Permit process. If the evaluation includes any findings of significant impacts to riparian resources, a minor use permit would be required. Minor use permits would be subject to review as a project under CEQA. Site specific environmental impacts would be assessed at the time of project processing. Thus, no new or increased severity of significant impacts or land uses would occur beyond what was addressed in the General Plan Final EIR and Supplemental EIR. There are no changed circumstances or new information that meets the standard for requiring further environmental review under CEQA Guidelines Section 15162. 3) Consistency with Butte County Code Chapter 33B. Ban on Hydraulic Fracturing Zoning Ordinance Amendment. On June 12, 2018, the Board of Supervisors provided direction to amend the Zoning Ordinance to be consistent with Chapter 33 B. Ban on Hydraulic Fracturing. Various Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR — 2018 Zoning ordinance Amendments Page 11 of 21 parts of the Zoning Ordinance discuss the subject of fracking and needs amendment to conform to Chapter 33 B. Impact Discussion: The proposed amendment is necessary to become consistent with existing Butte County Code Chapter 33B, which bans hydraulic fracturing in the County. The amendment does not create a new or increased severity of significant impacts or land uses would occur beyond what was addressed in the General Plan Final EIR and Supplemental EIR. There are no changed circumstances or new information that meets the standard for requiring further environmental review under CEQA Guidelines Section 15162. 4) Removal of allowance of Adult Businesses in the LI (Light Industrial) zone and related changes to Butte County Code Chapter 15, Article IV Adult Business Regulation. Amends Table 24-26-1, Adult Businesses in the LI (Limited Industrial) zone to be consistent with Chapter 15, Article IV. — Adult Business Regulation, by indicating that this use is not allowed. A related amendment to Chapter 15, Article IV, Section 15-112, Location Restrictions, Subsection (a), proposes to change references to the M-1 (Light Industrial) and M-2 (Heavy Industrial) zones to GI (General Industrial) and HI (Heavy Industrial) zones respectively, consistent with the Zoning Ordinance. Impact Discussion: The proposed amendment is necessary for the Zoning Ordinance to become consistent with existing Butte County Code Chapter Chapter 15, Article IV. Adult Business Regulation, and to update Chapter 15 with the zoning district terminology now used under the Zoning Ordinance. The amendment does not create a new or increased severity of significant impacts or land uses would occur beyond what was addressed in the General Plan Final EIR and Supplemental EIR. There are no changed circumstances or new information that meets the standard for requiring further environmental review under CEQA Guidelines Section 15162. 5) Government Code Section 65402 (General Plan Conformity for Land Acquisitions). Proposed amendment under Section 24-256 —Zoning Administrator, Subsection (B) (1) allowing the Zoning Administrator to review general plan conformity in all cases of land acquisition and disposal. Impact Discussion: The proposed amendment pertains to an administrative function only and does not not create a new or increased severity of significant impacts or land uses that would occur beyond what was addressed in the General Plan Final EIR and Supplemental EIR. There are no changed circumstances or new information that meets the standard for requiring further environmental review under CEQA Guidelines Section 15162. 6) On -Site Digital Signs, Amendment of Article 20. Signs, Section 24-100, Section 24-103, Table 24- 105-1, Table 24-105-2, and Section 24-106. An amendment to allow on-site digital signs that identifies a use, facility, service or product located, sold, or manufactured on the same premises as the sign using digital -display technology as a means of changing sign images, through an administrative permit. Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR— 2018 Zoning Ordinance Amendments Page 12 of 21 Impact Discussion: On-site signs are already permitted through an administrative permit by the Zoning Ordinance. This amendment would allow those signs to use digital display technology. The on-site digital signs would be subject to the same operational standards as currently imposed upon off-site digital signs, which ensures their operation would remain compatible with the surrounding area and would not become an overt distraction to commercial and residential neighbors, as well as to pedestrians and motorists. The amendment therefore does not create a new or increased severity of significant impacts or land uses that would occur beyond what was addressed in the General Plan Final EIR and Supplemental EIR. There are no changed circumstances or new information that meets the standard for requiring further environmental review under CEQA Guidelines Section 15162. 3.2 Zoning Map Amendment Impact Discussion 1) Richvale Area Rezone (Agriculture to Agriculture Services). On June 12, 2018, the Board of Supervisors provided direction to Development Services staff regarding several parcels (APNs: 029-100-068, -029, - 019, and -074) in the Richvale area that were erroneously zoned AG -40 (Agriculture, 40 -acre minimum parcel size). These parcels are occupied by agricultural support service uses such as rice processors, equipment yards and storage buildings. Development Services staff proposes a rezone from AG -40 to AS (Agriculture Services), as more appropriate for the current land and historic uses and development. Impact Discussion: The Rezone is proposed to recognize a legal, preexisting use, which has been occupying the site for many years prior to the adoption of the current General Plan Land Use Map and Zoning Map. Thus, no new or increased severity of significant impacts or land uses would occur beyond what was addressed in the General Plan Final EIR and Supplemental EIR. There are no changed circumstances or new information that meets the standard for requiring further environmental review under CEQA Guidelines Section 15162. 3.2 GP 2030 EIR and Supplemental EIR Significant Impacts Discussion The following includes a detailed discussion of applicable significant impacts identified under the GP 2030 EIR and Supplemental EIR in relation to the project. All impacts identified under both EIRs have been determined to be Significant and Unavoidable, and were addressed under a Statement of Overriding Considerations at the time of adoption of the General Plan, the General Plan Amendment, and the Zoning Ordinance (County Resolution #10-150 and #12-123). AGRICULTURE AND FORESTRY Impact AG -1: Although the goals, policies, actions and regulations of General Plan 2030 would reduce and partially offset the conversion of farmland, the proposed project designates approximately 5,120 acres (4,700 acres addressed in the original General Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR-2018 Zoning Ordinance Amendments Page 13 of 21 Plan 2030 EIR+ 420 acres addressed in the Supplemental EIR) of farmlands of concern under CEQA for non-agricultural uses (significant and unavoidable impact). Mitigation Adopted by the County: No feasible mitigation is available. Impact AG -2: Although the goals, policies, actions, and regulations of General Plan 2030 would reduce and partially offset conflicts with Williamson Act contracts, the proposed project designates approximately 90 acres of lands with existing Williamson Act contracts for residential or industrial uses (significant and unavoidable impact). Mitigation Adopted by the County: No feasible mitigation is available. Impact AG -3: Although the goals, policies, actions, and regulations of General Plan 2030 would reduce and partially offset regional agricultural impacts, the proposed project would contribute to cumulatively significant agricultural impacts in the region (significant and unavoidable impact). Mitigation Adopted by the County: No feasible mitigation is available. Impact AG -4: The GPA would allow 4,460 acres of forest land to be redesigned to a non -forest designation (significant and unavoidable impact). Mitigation Adopted by the County: No feasible mitigation is available. Impact AG -5: The GPA would allow for the conversion of forest lands to non -forest use because they include non -forest designations on such lands, as described in Impact AG -4 (significant and unavoidable impact). Mitigation Adopted by the County: No feasible mitigation is available. Impact AG -6: Although General Plan 2030 goals, policies, and actions related to forest land would reduce and partially offset Butte County's contribution to forest land impacts, the overall cumulative impact would remain significant (significant and unavoidable impact). Mitigation Adopted by the County: No feasible mitigation is available. Discussion These impacts were identified and discussed on pages 4.2-1 through 4.2-18 of the General Plan 2030 EIR and pages 4.2-1 through 4.2-22 of the Supplemental EIR. None of these impacts reference or pertain to the proposed project. In addition, the amendments would not change the extent of anticipated residential development or increase in overall land use intensity or density. Thus, no new or increased severity of significant impacts or land uses would occur beyond what was addressed in the General Plan Final EIR and Supplemental EIR. There are no changed Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EER — 2018 Zoning Ordinance Amendments Page 14 of 21 circumstances or new information that meets the standard for requiring further environmental review under CEQA Guidelines Section 15162. BIOLOGICAL RESOURCES Impact 810-1: General Plan 2030 contains extensive goals, policies, and actions that mitigate impacts to undeveloped lands that support sensitive biological resources, including special -status species, sensitive natural communities, federally -protected wetlands, and wildlife and fish movement corridors, to a less -than -significant level and that additionally minimize the effects of development on biological resources in general. Development allowed under General Plan 2030, the GPA, and the Zoning Ordinance Update would contribute to the on-going loss of undeveloped lands that support such sensitive biological resources in Butte County. The cumulative loss of habitat and sensitive natural communities in Butte County could potentially contribute to a general decline for the region, and might result in the loss or displacement of wildlife that would have to compete for suitable habitats with existing adjacent populations (significant and unavoidable impact). Mitigation Adopted by the County: No feasible mitigation is available. Discussion These impacts were identified and discussed on pages 4.4-1 through 4.4-86 of the General Plan 2030 EIR and pages 4.4-1 through 4.4-18 of the Supplemental EIR. None of these impacts reference or pertain to the proposed project. In addition, the amendments would not affect the extent of anticipated residential development or increase in land use intensity or density. Thus, no new or increased severity of significant Biological Impacts would occur beyond what was addressed in the General Plan Final EIR or Supplemental EIR. There are no changed circumstances or new information that meets the standard for requiring further environmental review under CEQA Guidelines Section 15162. HYDROLOGY AND WATER QUALITY Impact HYDRO -1: Although General Plan 2030 policies and actions reduce risks associated with levee failure, they do not eliminate risks to people and property. In addition, recently -adopted policies by FEMA would de -certify a number of levees in Butte County, which indicates that larger areas of Butte County are subject to levee inundation than realized under previous policies (significant and unavoidable impact). Mitigation Adopted by the County: No feasible mitigation is available. Impact HYDRO -2: Although General Plan 2030 policies and actions reduce risks associated with dam Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR— 2018 Zoning Ordinance Amendments Page 15 of 21 failure, they do not eliminate risks to people and property (significant and unavoidable impact). Mitigation Adopted by the County: No feasible mitigation is available. Impact HYDRO -3: General Plan 2030, the GPA, and the Zoning Ordinance Update would contribute to development in levee and dam inundation areas, resulting in a significant cumulative impact (significant and unavoidable impact). Mitigation Adopted by the County: No feasible mitigation is available. Discussion These impacts were identified and discussed on pages 4.8-1 through 4.8-36 of the General Plan 2030 EIR and pages 4.8-1 through 4.8-18 of the Supplemental EIR. None of these impacts reference or pertain to the proposed project. In addition, the amendments would not affect Hydrology and Water Quality impacts because they would not change the extent of anticipated residential development or increase in land use intensity or density. Thus, no new or increased severity of significant Hydrology and Water Quality impacts would occur beyond what was addressed in the General Plan Final EIR and Supplemental EIR. There are no changed circumstances or new information that meets the standard for requiring further environmental review under CEQA Guidelines Section 15162. NOISE Impact N0I-1: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would cause a substantial permanent increase in ambient noise levels because more people would be living, driving, and flying in Butte County (significant and unavoidable impact). Mitigation Adopted by the County: No feasible mitigation is available. Impact NOI-2: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would contribute to conditions that exceed County noise standards and that cause a substantial permanent increase in ambient noise levels, causing a significant cumulative noise impact (significant and unavoidable impact). Mitigation Adopted by the County: No feasible mitigation is available. Discussion These impacts were identified and discussed on pages 4.10-1 through 4.10-48 of the General Plan 2030 EIR and pages 4.10-1 through 4.10-8 of the Supplemental EIR. Butte County Department of Development Services Addendum to the GP 2430 EIR and Supplemental EER— 2418 Zoning ordinance Amendments Page 16 of 21 None of these impacts reference or pertain to the proposed project. In addition, the amendments would not affect Noise impacts because they would not the extent of anticipated residential development or increase in land use intensity or density. Thus, no new or increased severity of significant Noise impacts would occur beyond what was addressed in the General Plan Final EIR and Supplemental EIR. There are no changed circumstances or new information that meets the standard for requiring further environmental review under CEQA Guidelines Section 15162. TRANSPORTATION AND CIRCULATION Impact TRAF-1: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would lead to unacceptable LOS F operations on State Route 32 between Muir Avenue and W. 1St Street (significant and unavoidable impact). Mitigation Adopted by the County: Mitigation Measure TRAF-1: Widen State Route 32 to four lanes through this section. Impact TRAF-2: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would lead to unacceptable LOS F operations on State Route 99 between the Sutter County Line and East Biggs Highway (significant and unavoidable impact). Mitigation Adopted by the County: Mitigation Measure TRAF-2: Widen and convert State Route 99 to a four -lane conventional highway through this section. Impact TRAF-3: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would lead to unacceptable LOS F operations on State Route 99 between State Route 149 and the Skyway (significant and unavoidable impact). Mitigation Adopted by the County: Mitigation Measure TRAF-3: Convert State Route 99 to a grade separated, limited access freeway facility though this section (significant and unavoidable impact). Impact TRAF-4: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would lead to unacceptable LOS F operations on State Route 99 between East 201h Street and Cohasset Road (significant and unavoidable impact). Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR-2018 Zoning Ordinance Amendments Page 17 of 21 Mitigation Adopted by the County: Mitigation Measure TRAF-4: Widen State Route 99 to six lanes through this section. Impact TRAF-5: Implementation of General Plan 2030 would lead to unacceptable LOS F operations on State Route 99 between Eaton Road and Keefer Road (significant and unavoidable impact). Mitigation Adopted by the County: Mitigation Measure TRAF-5: Widen State Route 99 to four lanes through this section. Impact TRAF-6: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would lead to unacceptable LOS E operations on State Route 162 between Larkin Road and State Route 70 (significant and unavoidable impact). Mitigation Adopted by the County: Mitigation Measure TRAF-6: Widen State Route 162 to four lanes through this section. Impact TRAF-7: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would lead to unacceptable LOS F operations on State Route 162 between State Route 70 and Lower Wyandotte Road (significant and unavoidable impact). Mitigation Adopted by the County: Mitigation Measure TRAF-7: Widen State Route 162 to six lanes through this section. Impact TRAF-8: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would lead to unacceptable LOS E operations on State Route 162 between Foothill Boulevard and Canyon Drive. Mitigation Adopted by the County: Mitigation Measure TRAF-8: Widen State Route 162 to four lanes though this section. Impact TRAF-9: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would lead to unacceptable LOS F operations on Cohasset Road between State Route 99 and East Avenue (significant and unavoidable impact). Butte County Department of Development services Addendum to the GP 2030 EIR and Supplemental EIR-2018 Zoning Ordinance Amendments Page 18 of 21 Mitigation Adopted by the County: Mitigation Measure TRAF-9: Construct a raised median on this roadway section to enhance capacity. Impact TRAF-10: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would lead to unacceptable LOS D operations on Midway between the planned Southgate Extension and Durham -Dayton Road (significant and unavoidable impact). Mitigation Identified, but Not Adopted, by the County: Mitigation Measure TRAF-10: Widen Midway to four lanes though this section. Impact TRAF-11: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would lead to unacceptable LOS F operations on the Skyway between State Route 99 and Notre Dame Boulevard (significant and unavoidable impact). Mitigation Adopted by the County: Mitigation Measure TRAF-11: Construct a raised median on this roadway section to enhance capacity. Impact TRAF-12: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would lead to unacceptable LOS D/E operations on the Skyway between Neal Road and Bille Road (significant and unavoidable impact). Mitigation Adopted by the County: Mitigation Measure TRAF-12: Convert this section of the Skyway to a four -lane limited access expressway. Impact TRAF-13: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would lead to unacceptable LOS D/E operations on the Skyway between Bille Road and Pentz Road (significant and unavoidable impact). Mitigation Adopted by the County: Mitigation Measure TRAF-13: Widen the section of the Skyway between Bille Road and Wagstaff Road to a four -lane, divided arterial, and widen the section of the Skyway from Wagstaff Road to Pentz Road to a four -lane, undivided arterial. Impact TRAF-14: implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would cause increased traffic that would exacerbate existing deficiencies along regional roadways, contributing to a cumulatively significant transportation impact (significant and unavoidable impact). Butte County Department of Development services Addendum to the GP 2030 EIR and Supplemental EIR— 2018 Zoning Ordinance Amendments Page 19 of 21 Mitigation Adopted by the County: No feasible mitigation is available. Im act TRAF-15: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would lead to unacceptable LOS F operations on State Route 99 between East Biggs Highway and the southern intersection of State Route 99 and State Route 162 (significant and unavoidable impact). Mitigation Adopted by the County: Mitigation Measure TRAF-15: Incorporate passing lanes into the section of State Route 99 between East Biggs Highway and the southern intersection of State Route 99 and State Route 162 as described in the State Route 99 Transportation Concept Report published by Caltrans in August 2010. The County will support the Butte County Association of Governments (BCAG) and Caltrans for the procurement of necessary State and federal highway funds for this improvement (significant and unavoidable impact). Impact TRAF-16: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would lead to unacceptable LOS D operations on Honey Run Road between Skyway and Centerville Road (significant and unavoidable impact). Mitigation Identified, but Not Adopted, by the County: Mitigation Measure TRAF-16: Upgrade the section of Honey Run Road between Skyway and Centerville Road to the County's arterial roadway standards. Discussion These impacts were identified and discussed on pages 4.13-1 through 4.13-60 of the General Plan 2030 EIR and pages 4.13-1 through 4.13-10 of the Supplemental EIR. None of these impacts reference or pertain to the proposed project. In addition, the amendments would not affect Transportation and Circulation impacts because they would not change the extent of anticipated residential development or increase in land use intensity or density. Thus, no new or increased severity of significant Transportation and Circulation impacts would occur beyond what was addressed in the General Plan Final EIR and Supplemental EIR. There are no changed circumstances or new information that meets the standard for requiring further environmental review under CEQA Guidelines Section 15162. GREENHOUSE GAS EMISSIONS Impact CC -1: Implementation of General Plan 2030, the GPA, and the Zoning Ordinance Update would result in greenhouse gas emissions that would contribute to cumulative Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR-2018 Zoning Ordinance Amendments Page 20 of 21 greenhouse gas emissions and global climate change. The 2020 greenhouse gas forecast for the county indicates that emissions would be greater than 85 percent of current (2006) conditions, creating a significant contribution to greenhouse gas emissions and associated climate change impacts. Policies and actions would provide a comprehensive framework for reducing greenhouse gas emissions in the county, but they would not ensure that the County can meet the reduction goal (significant and unavoidable impact). Mitigation Adopted by the County: No feasible mitigation is available. Discussion These impacts were identified and discussed on pages 4.15-1 through 4.15-66 of the General Plan 2030 EIR and pages 4.15-1 through 4.15-6 of the Supplemental EIR. None of these impacts reference or pertain to the proposed project. In addition, the amendments would not affect Greenhouse Gas Emission impacts because they would not change the extent of anticipated residential development or increase in land use intensity or density. Thus, no new or increased severity of significant Greenhouse Gas Emission impacts would occur beyond what was addressed in the General Plan Final EIR and Supplemental EIR. There are no changed circumstances or new information that meets the standard for requiring further environmental review under CEQA Guidelines Section 15162. Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR — 2018 Zoning ordinance Amendments Page 21 of 21