HomeMy WebLinkAbout19-270RESOLUTION ADOPTING AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION; MAKING FINDINGS
FOR AND ADOPTING GENERAL PLAN AMENDMENT GPA18-0001 AND MAKING FINDINGS FOR REZONE REZ18-0001,
WHEREAS omOctober 26, 281UButte County adopted Butte County General Plan 2O,30 including onew General
Plan Land Use Map (Resolution 10-152); and
WHEREAS, General Plan 2030 ba comprehensive, long-term general plan for Butte County and estabUishesa,n
overall framework and set of land use planning goals for the unincorporated area of the County. General Plan 2O3Ohas a
2Q'yearplanning horizon; and
WHEREAS, omNovember 5,2012,Butte County adopted the Zoning ordinance (Chapter 24ofButte County Code),
including a zoning map (Ordinance No. 4050,); and
WHEREAS, ShaneDavidScmttHhasaom|edforaGemena|P|mn/lmendmenth3PA18-O001\toememd the General
Plan land use designation from Rural Residential to Industrial, a Rezone (REZ18-0001) amending the zoning map from RR -
5 (Rural Residential 5 -acre minimum) to G-1 (General Industrial) and a Conditional Zoning Agreement by and between Scott
Revocable Inter Vivos Trust, Shane David Scott 11 and Michelle Anne Scott, Trustees; and
WHEREAS, the project dteis|ooatedat111916Midxvay,atthennMLhaast corner of Midway and NegamLane, in the
unincorporated portion of Chico; and
WHEREAS, the subject property includes four parcels, Assessor Parcel Numbers O40-310-0QG,'O34 8368'-O82,
and is aipproximately 8.64 acres in size; and
WHEREAS, at a noticed public hearing on August 22, 2019, the Planning Commission recommended that the Board
of Supervisors adopt the Initial Study and Mitigated Negative Declaration and approve General Plan Amendment GPA18-
0001 and Rezone REZ18-0002 (Resolution, No. PC19-06); and
WHEREAS, the Board ofSupervisors has considered General Plan Amendment GP41A-0X001, ReamneREZIQ-08O1L
the Conditional Zoning Agreement and a Mitigated Negative Declaration prepared for the project in accordance with the
California Environmental Quality Act (CEQA); and
WHEREAS, said General Plan and code amendments were referred tovarious affected public and private agencies,
County departments, and referral agencies for review and comments; and
WHEREAS, a duly noticed public hearingwas held on October8, 2019, and the Board of Supervisors has considered
NOW, THEREFORE, BE IT RESOLVED that the Butte County Board of Supervisors hereby takes the following actions
and makes the following findings:
1. 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. The Board of Supervisors has considered the Mitigated Negative Declaration, together with comments
received during the review process.
C. 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 GPA18-0001
and Rezone REZ18-0001, 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.
D. The Initial Study and Mitigated Negative Declaration reflects the independent judgment and analysis
of Butte County, which is the Lead Agency.
E. 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)).
Adopts the General Plan Amendment GPA19-0001 (amending the General Plan Land Use Map from Rural
Residential to Industrial) as set forth in Exhibit B with the following findings:
A. The existing use is not inconsistent with the surrounding industrial uses to the north, south and west.
B. The proposed amendment is substantially consistent with applicable Goals and Policies of the Butte
County General 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.
D. The General Plan Amendment has been processed in accordance with the applicable provisions of the
California Government Code and CEQA.
III. Makes the following findings regarding Rezone REZ18-0001 (amending the Zoning Map from Rural
Residential 5 -acre minimum to General Industrial) as set forth in Exhibit C with the following findings:
A. The proposed rezone is substantially consistent with applicable Goals and Policies of the Butte County
General Plan 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 listed in the Conditional Zoning Agreement that it will not be detrimental to the public
health, safety, or welfare of the county.
C. The project site has been analyzed and it has been determined with the required improvements and
conditions, the proposed amendment and use of the site will not endanger, jeopardize, or otherwise
constitute a hazard to the property, surrounding properties, and the, community at large.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 8t' day of October, 2019, by the following
vote:
AYES: Supervisors Connelly, ILucero, Ritter, Teeter, and Chair Lambert
NOES:
ABSENT:
Steve Lambert, "r
Butte County Board of Supervisors
Shari McCrakeni, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
Deput
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. Staff's 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 -1131.2 The County shall promote economic development and job -generating industry in
unincorporated areas.
The applicant is proposing the GPA/REZ to bring the pre-existing use, truck repair and storage, into
compliance with the general plan and zoning. It will also allow for additional industrial development that
will create additional economic development in the unincorporated area of Butte County. Staff
Determination: the project is consistent with this policy.
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 -P2.2 Economic use and value of private property shall be maintained.
The project area primarily consists of a mix of industrial, residential, animal services and a cemetery,
on parcel sizes that range in size from 0.68 to 29.38 acres. Residential uses include large lot single-
family residential and some small agricultural uses. Industrial uses include a PG&E service facility and
substation, Cross Petroleum facility, Oak Ridge Cabinets, Paul's Components, Chico Pump &
Mechanical and West Valley Construction. Erickson Veterinary Hospital is located to the west of the
subject property across Midway and Glen Oaks Memorial Park is located across Midway on the south
side of Hegan Lane. Future development and use shall be consistent with the requirements of Article
8 Industrial Zones of the Butte County Zoning Code. Staff Determination: the project is consistent with
this policy.
GOAL LU -5 Provide adequate land for and promote the development of attractive commercial areas
and uses that provide goods, services and jobs. Staff Determination: the project is consistent with this
Goal (see discussion below)
LU -P5.3 New industrial uses shall be designed to avoid adverse impacts to adjacent uses,
particularly residential neighborhoods, with respect to, but not limited to, noise, dust and vibration,
water quality, air quality, agricultural resources, and biological resources.
An environmental analysis, Initial Study/Mitigated Negative Declaration, was prepared that addressed
potential impacts and reduce them to less than significant. Future development/uses on the site will be
required to be consistent with the requirements of Article 11, Division 5, Industrial Zones of the Butte
County Zoning Code, which will address impacts to the adjacent residential uses. In the Draft initial
Study and Mitigated Negative Declaration (IS/MND) prepared for this project, staff has recommended
adoption of Mitigation Measure LUP-1 to require a solid masonry wall or equivalent to minimize and
avoid impacts to adjacent residential uses. Staff Determination: the project is consistent with this policy.
GOAL LU -8 Promote development near existing infrastructure and services, and within already
development areas. Staff Determination: the project is consistent with this Goal (see discussion below).
Page 1 of 6
LU -P8.1 Industry shall be located near major transportation facilities.
The project site is located at the intersection of Midway and Hegan Lane, both county -maintained
paved roadways. The project site is located approximately 1.1 miles west of State Highway 99. Staff
Determination: the project is consistent with this policy.
LU -P8.4 New industrial development shall be encouraged to locate in existing industrial areas until
existing industrial areas have been fully utilized.
The project area primarily consists of a mix of industrial, residential, animal services and a cemetery.
Industrial uses include a PG&E service facility and substation, Cross Petroleum facility, Oak Ridge
Cabinets, Paul's Components, Chico Pump & Mechanical and West Valley Construction. The project
site is developed with truck repair and storage and is also being used temporarily as a basecamp for
Camp Fire workers. 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.
The project site is located at the intersection of Midway and Hegan Lane, both county -maintained
paved roadways. The existing roadways provide adequate capacity for the existing and future uses of
the site. Future development will initially use onsite wastewater systems. 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).
LU -11311.1 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 was reviewed by the City of Chico and it was determined that since the parcel
does not directly front on Midway, the proposed change in zoning would not be unreasonable to the
City. Staff Determination: the project is generally consistent with these policies.
GOAL WA 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 raining operations.
This parcel with address 11196 Midway has a commercial building on it that underwent a septic system
repair in 2015. The rezoning of this and the adjacent 3 parcels as part of project GPA 18-0001 does not
affect the functionality of the onsite sewage disposal system nor the application of onsite sewage
disposal regulations to this and the other parcels. Nor does the proposal to re -zone this and associated
parcels effect well functions or the application of well construction regulations. Therefore, the
Environmental Health Division has no objections to this rezone and general plan amendment,
Page 2 of 6
recognizing that the resultant parcels, if rezoned to General Industrial, are subject to all relevant onsite
sewage disposal codes and regulations in addition to water well codes and regulations.
Addressing stormwater quality and quantity generated by future development 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 The location of storm water detention/retention will be in
accordance with Butte County Improvement Standards. Future development will need to comply with
Butte County's Storm Water Management Program as a requirement of Phase // 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,
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 development within the project site would be provided by onsite well, until such time
public -water is made available. Sufficient groundwater resources are available in the project area to
serve development at the site. Section 12.0 of the Butte Count yImprovement Standards outline the
requirements of water supplies for proposed future uses on the site. The quantity and quality of the
groundwater for the proposed development is reviewed by the Butte County Environmental Health
Division by either a test well, a review of existing wells in the area, or a statement from a licensed well
driller together with a report by an engineering geologist or hydrologist verifying that minimum well
production for domestic purposes are achieved. 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).
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.
ill -P5.2 New development projects shall identify and adequately mitigate their water quality impacts
from stormwater runoff.
Addressing stormwater quality and quantity generated by future development 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 The location of storm water detentionlretention will be in
Page 3 of 5
accordance with Butte County Improvement Standards. Future development will need to comply with
Butte County's Storm Water Management Program as a requirement of Phase 11 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. Staff Determination: the project is 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 -PIA 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 these policies.
GOAL COS -2 Promote green building, planning and business. Staff Determination: the project is
consistent with this goal.
COS -1122.2 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 Draft IS/MND prepared for this project includes an air quality mitigation measure (Mitigation
Measure AIR -9) 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
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
Page 4 of 5
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 these policies.
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.
Senate Bill 18 (Statutes of 2004) requires that, prior to the adoption or amendment of a city or county's
general plan, the city or county conduct consultations with California Native American tribes for the
purpose of preserving specified places, features, and objects that are located within the city or county's
jurisdiction. Notification for consultation was sent to the current Tribal Consultation List. One response
was received from Enterprise Rancheria stating that the project site did not fall within their Aboriginal
Territories.
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
21OK3(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. Staff Determination: the project is consistent with these policies.
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 23 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 5 of 5
11 120 240 480 720 960
Applicant/Owner: Shane David Scott II/Scott Revocable Inter VivosTrus Genei-al Plan. RR (Rural Resident,W)
Request: General Pim Anicndment/Rezone ......... . ...... ............ . ...... . .. ...... JAPN: 040-310-026, -034. -036 & -082
m
Supervisor Distric( P4
File#: GI'AIRI.-./, 18-0001
[a
City of Chico I
Zoning 2030
Residential Zones
Rural Residential - 5 (up to 1 du/5 ac)
Very Low Density Residential (up to 1 du/ac)
Industrial Zones
Light Industrial
General industrial
Heavy Industrial
Special', purpose Zones
M Public
= City Limits
Exhibit C Zoni
LI
19
City of Chico
480 720 960,
Change Zoning from
Rural Residential 5 -ac minimum
to General Industrial
am
W
Applicant/Owner. Shane David Scott II/Scott Revocable Inter vivos,rrus Aming: RR-5(Rural Residential 5 -acre minimum) Supervmr Disirict , 4
Riquest. General ]']an ArnendnientfRezone APN: 040-310-026, -034. -036 & -082 File#: 611AM, EZ 18-0001