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HomeMy WebLinkAbout31021 3102 Ordinance No. 2 3 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE APPROVING THE REDEVELOPMENT PLAN FOR THE GREATER CHICO AREA 4 REDEVELOPMENT PROJECT AREA ("GCUARPA") 5 6 A. Section 33213 of the Health and Safety Code states that the 7 legislative body of a community may authorize the redevelopment of an area 8 within its territorial limits by another community if such area is 9 contiguous to such other community and requires that a redevelopment plan 10 for such area shall be approved by ordinance enacted by the authorizing 11 legislative body; and, 12 B. By adoption of Ordinance No. 3046 on January 12, 1993, the Board 13 of Supervisors of the County of Butte (the "Board of Supervisors") 14 authorized, pursuant to Section 33213 of the Health and Safety Code, the 15 Chico Redevelopment Agency to redevelop certain areas of the County 16 subject to further approval of the County; and 17 C. The Redevelopment Agency of the City of Chico {the "Agency") has 18 prepared a Redevelopment Plan for the Greater Chico Urban Area 19 Redevelopment Project Area {the "Redevelopment Plan"}, which includes 20 portions of the County authorized to be redeveloped by Ordinance No. 3046; 21 and, 22 D. The Board of Supervisors, as a "responsible agency" as that term 23 is defined by Section 15039 of the State EIR Guidelines, has reviewed and 24 considered the information contained in the Final Environmental Impact 25 Report (EIR) for-the Redevelopment Plan prepared by the Agency. 26 27 NOW, THEREFORE BE IT ORDAINED AS FOLLOWS: 28 SECTION 1. The Board hereby makes the written findings set forth in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A, attached hereto and incorporated by reference herein, for each of the significant effects set forth in said Exhibit A, and further approves the statement of facts set forth in said Exhibit A. Based on such findings and statements of facts, the Board hereby finds that significant environmental effects have been reduced to an acceptable level in that all significant environmental effects have been eliminated or substantially lessened. Based on the foregoing, the Board finds and determines that the Greater Chico Urban Area Redevelopment Project will not have a significant effect upon the environment. SECTION 2. The document entitled "Redevelopment Plan for the Greater Chico Urban Redevelopment Project Area, having been duly reviewed and considered is hereby incorporated in this Ordinance by reference and made a part hereof, and as so incorporated is hereby approved as the official "Redevelopment Plan for the Greater Chico Urban Area Redevelopment Project Area" for the unincorporated areas of the County as described in and as shown on the map of said Project Area contained therein, all pursuant to Health and Safety Code Section 33213. SECTION 3. This ordinance shall take effect thirty (30) days after its adoption and before the expiration of fifteen (15) days after its passage shall be published once with the names of the members of the Board of Supervisors voting for and against the same in the Chico Enterprise-Record ~ a newspaper published in said County of Butte. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 z3 24 25 26 27 28 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 26th day of October ~ 1993, by the following vote: AYES: Supervisors Meyer, Dolan, Thomas and Vice Ghair McLaughlin NOES : None `, ABSENT: Ghair Houx NOT VOTING: None r Ed McLaughlin, Vi e Chair of the Butte County Boar of Supervisors ATTEST: JOHN S. BLACKLO K Officer and Cl of the Board By WP5210RDINANCEIGCUARPA.ORD EXHIBIT A FINDINGS ON SIGNIFICANT EFFECTS 1. Descri tion of si nificant effect: Potential conflicts between existing agricultural and future adjacent residential land uses. 2. The Board finds that as to this potential significant effect, changes or alterations have been required in, ar incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. The fact supporting this finding is as follows: A. By Resolution No. 107-92-93, the City Council adopted mitigation measures as part of its approval of the draft sanitary sewer master plan for the City's sphere of influence, the Northwest Annexation and the General Plan Amendments for the area north of the Lindo Channel (hereinafter referred to as the "Northwest Annexation EIR") which are applicable to all projects undertaken within the Project Area and which mitigate this potential significant effect to a less than significant level. The County will require these mitigation measures to be implemented as part of the approval of any project within the unincarporated area of the Project Area. Descri tion of si nificant effect: Increase in demand far groundwater; increase in generation of wastewater to the wastewater treatment plant and solid waste and increase in demand for law enforcement, fire protection, and parks and parkland maintenance. The Board finds that as to this potential significant effect, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. The fact supporting this finding is as follows: A. By Resolution No. 107-92-93, the City Council adopted mitigation measures as part of the Northwest Annexation EIR which are applicable to all projects undertaken within the Project Area and which mitigate this potential significant effect to a less than significant level. The County will require these mitigation measures to be implemented as part of the approval of any project within the unincorporated area of the project area. 1 3. Descri tion of si nificant effect: Increased student demand for educational facilities within the Chico Unified School District. The Board finds that as to this potential significant effect, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. The facts supporting this finding are as follows: A. The Chico Redevelopment Agency will be contribution approximately $4,OOO,D00 to the District for additional public facilities. B. The new residential units to be constructed will be required to pay school impact fees. C. Over the duration of the Redevelopment Plan, the District will receive approximately $40,000,000 in tax revenues, pursuant to their election to receive those revenues under Section 33676 of the Community Redevelopment Law and those revenues shall be used solely for school facilities that benefit the Project Area. This finding is supported by substantial evidence in the record of the proceedings before the Board. 4. Descri tion of si nificant effect: Short--term emissions of ozone precursors and particulate matter generated by grading activities and the use of construction equipment. The Board finds that as to this potential significant effect, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. The fact supporting this finding is as follows: A. By Resolution No. 107-92-93, the City Council adopted mitigation measures as part of the Northwest annexation ETR which are applicable to all projects undertaken within the Project Area and which mitigate this potential significant effect to a less than significant level. The County will require these mitigation measures to be implemented as part of the approval of any project within the unincorporated area of the project area. 5. Descri tion of si nificant effect: Potential carbon monoxide problems produced by traffic associated with infill development. 2 The Board finds that as to this potential significant effect, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. The fact supporting this finding is as follows: A. By Resolution No. 107-92-93, the City Council adopted mitigation measures as part of the Northwest Annexation EIR which are applicable to all projects undertaken within the Project Area and which mitigate this potential significant effect to a less than significant level. The County will require these mitigation measures to be implemented as part of the approval of any project within the unincorporated area of the Project Area. 6. Descri tion of si nificant effect: Increase in traffic-related ozone-precursor emissions generated by traffic from development within the Project Area. The Board finds that as to this potential significant effect, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. The fact supporting this finding is as follows; A. By Resolution No. 107-92-93, the City Council adopted mitigation measures as part of the Northwest Annexation EIR which are applicable to all projects undertaken within the Project Area and which mitigate this potential significant effect to a less than significant level. The County will require these mitigation measures to be implemented as part of the approval of any project within the unincorporated area of the Project Area. 7. Descri tion of si nificant effect: Increased noise levels generated by traffic associated with development within the Project Area and increased exposure of noise-sensitive land uses to excessive traffic noise. The Board finds that as to this potential. significant effect, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the signficiant environmental effects thereof as identified in the Final EIR. The fact supporting this finding is as follows: A. By Resolution No. 107-92-93, the City Council adopted mitigation measures as part of the Northwest Annexation EIR which are applicable to all projects undertaken within the Project Area and which mitigate this potential significant 3 effect to a less than significant level. The County will require these mitigation measures to be implemented as part of the approval of any project within the unincorporated area of the Project Area. 8. Descri tion of si nificant effect: Potential for increased sedimentation in storm drains and natural watercourses from construction activities. The Board finds that as to this potential significant effect, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Finai EIR. The facts supporting this finding are as follows: A. The Agency will receive approval of a General Construction Activity Stormwater Permit from the State Water Resources Control Board before commencing construction activities and the conditions of this permit, including, but not limited to, a Stormwater Pollution Prevention Plan, shall be incorporated into final construction documents by the Agency. B. The Agency shall implement an erosion and sediment control plan and a spill prevention and control plan as required by the grading ordinance (Municipal Code Section 16.R22), which shall include, but not be limited to, onsite retention of sediment to the maximum extent feasible, erosion and sediment control devices, revegetation and exposed surface stabili- zation, and standards for disposal of excavated and cleared material. C. The Agency shall comply with the City of Chico Grading Ordinance. This finding is supported by substantial evidence in the record of the proceedings before the Board. 9. Descri tion of si nificant effect: Increased surface water runoff into local creeks, possibly increasing channel and streambank erosion potential and creating flooding problems and increased erosion and sedimen- tation resulting in short-term water quality degradation. The Board finds that as to this potential significant effect, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identif ied in the Final EIR. The fact supporting this finding is as follows: 4 10. 11. A. By Resolution No. 107-92-93, the City Council adopted mitigation measures as part of the Northwest Annexation EIR which are applicable to all projects undertaken within the Project Area and which mitigate this potential significant effect to a less than significant level. The County Will require these mitigation measures to be implemented as part of the approval of any project within the unincorporated area of the Project Area. Descri tion of si nificant effect: Potential for future groundwater contamination from improperly abandoning infiltration and water wells. The Board finds that as to this potential significant effect, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. The fact supporting this finding is as follows: A, The Agency shall comply with the City and County Well Ordinances. This finding is supported by substantial evidence in the record of the proceedings before the Board. Descri tion of si nificant effect: Possible elimination of suitable areas for valley oak savanna restoration; large, heritage-size valley oaks; and nesting and foraging habitat for dependent wildlife. 12. The Board finds that as to this potential significant effect, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. The fact supporting this finding is as follows: A. By Resolution No. 107-92-93, the City Council adopted mitigation measures as part of the Northwest Annexation EIR which are applicable to all projects undertaken within the Project Area and which mitigate this potential significant effect to a less than significant level. The County will require these mitigation measures to be implemented as part of the approval of any project within the unincorporated area of the project area. Descri tion of si nificant effect: Probably loss or degradation of mixed riparian woodland from construction of sewer lines and storm drainage improvements, 5 increased runoff, and possible streambank erosion along Big Chico, Little Chico and Comanche Creeks. The Board finds that as to this potential significant effect, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. The facts supporting this finding are as follows: A. By Resolution No. 107-92-93, the City Council adopted mitigation measures as part of the Northwest Annexation EIR which are applicable to all projects undertaken within the Project Area and which partially mitigate this potential significant effect. The County will require these mitigation measures to be implemented as part of the approval of any project within the unincorporated area of the Project Area. B. All projects shall be designed to minimize and avoid impacts on trees and any trees removed as part of construction shall be replaced as a part of the project. C. Any projects involving creek crossings or the removal of riparian vegetation shall be coordinated with the California Department of Fish & Game and the need far a 1601-03 stream- bank alteration agreement shall be determined prior to construction. 13. D. The Agency shall comply with the City of Chico Grading Ordinance. E. The Agency shall coordinate projects involving filling or degradation of wetlands with the Corps and determine the need for a Section 404 or Nationwide 26 permit before construction. The finding is supported by substantial evidence in the record of the proceedings before the Board. Descri tion of si nificant effect: Possible loss of vernal pools and other seasonal wetlands. The Baard finds that as to this potential significant effect, changes ar alterations have been required in, or incorporated into, the Project which avaid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. The fact supporting this finding is as follows: A. By Resolution No. 107-92-93, the City Council adopted mitigation measures as part of the Northwest Annexation ETR which are applicable to all projects undertaken within the Project Area and which partially mitigate this potential significant effect. The County will require these mitigation 6 measures to be implemented as part of the approval of any project within the unincorporated area of the Project Area. 14. B. Sewer and storm drain facilities shall be designed to avoid and minimize disturbance of mixed riparian woodland and streambank habitats and special-status plant and wildlife species. C. The Agency shall coordinate projects involving f filling or degradation of wetlands with the Corps and determine the need for a Section 404 or Nationwide 26 permit before construction. This finding is supported by substantial evidence in the record of the proceedings before the Board. Descri tion of si nificant effect: Potential far increased transmission of mosquito-borne human disease. 15. The Board finds that as to this potential significant effect, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. The facts supporting this finding are as follows: A. By Resolution 107-92-93, the City Council adopted mitigation measures as part of the Northwest Annexation EIR which are applicable to all projects undertaken with the Project Area and which partially mitigate this potential significant effect. The County will require these mitigation measures to be implemented as part of the approval of any project within the unincorporated area of the Project Area. B. Sewer and storm drain facilities shall be designed to avoid and minimize disturbance of mixed riparian woodland and streambank habitats and special-status plant and wildlife species. C. The Agency shall design and manage wetland areas and storm drainage improvements to minimize mosquito problems, and mitigation wetlands shall be designed and managed as stipulated in environmental permits and, to the greatest extent practicable, designed and managed to reduce mosquito production. This finding is supported by substantial evidence in the record of the proceedings before the Board. Descri tion of si nificant effect: Potential degradation of perennial wetlands, such as creeks, channels, ponds, and marshes. 7 The Berard finds that as to this potential significant effect, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. The facts supporting this finding are as follows: A. By Resolution No. 107-92-93, the City Council adopted mitigation measures as part of the Northwest Annexation EIR which are applicable to all projects undertaken with the Project Area and which partially mitigate this potential significant effect. The County will require these mitigation measures to be implemented as part of the approval of any project within the unincorporated area of the Project Area. B. Any projects involving creek crossings or the removal of riparian vegetation shall be coordinated with the California Department of Fish & Game and the need for a 1601-03 streambed alteration agreement shall be determined prior to construction. C. Sewer and storm drain facilities shall be designed to avoid and minimize disturbance of mixed riparian woodland and streambank habitats and special-status plant and wildlife species. D. The Agency shall coordinate projects involving filling or degradation of wetlands with the Corps and determine the need for a Section 404 or Nationwide 26 permit before construction. E. The Agency shall utilize least-damaging construction techniques in streambeds. This finding is supported by substantial evidence in the record of the proceedings before the Board. 16. Description of sianificant effect: Possible elimination or degradation of special-status plant populations that are known or suspected to occur in the Project Area. The Board finds that as to this potential significant effect, changes or alterations have been required in, ar incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. The fact supporting this finding is as follows: A. By Resolution Na. 107-92-93, the City Council adapted mitigation measures as part of the Northwest Annexation EIR which are applicable to all projects undertaken within the Project Area and which mitigate this potential significant effect to a less than significant level. The County will 8 require these mitigation measures to be implemented as part of the approval of any project within the unincorporated area of the Project Area. 17. Descri tion of si nificant effect: Potential direct mortality of special-status wildlife species or elimination of essential habitat for special-status wildlife species. The Board finds that as to this potential significant effect, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. The fact supporting this finding is as follows: A. By Resolution No. 107-92-93, the City Council adopted mitigation measures as part of the Northwest Annexation EIR which are applicable to all projects undertaken within the Project Area and which mitigate this potential significant effect to a less than significant level. The County will require these mitigation measures to be implemented as part of the approval of any project within the unincorporated area of the Project Area. 18. Descri tion of si nificant effect: Possible degradation of aquatic habitat in the Big Chico Creek stream system. The Board finds that as to this potential significant effect, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. The fact supporting this finding is as follows: A. By Resolution No. 107-92-93, the City Council adopted mitigation measures as part of the Northwest Annexation EIR which are applicable to all projects undertaken within the Project Area and which mitigate this potential significant effect to a less than significant level. The County will require these mitigation measures to be implemented as part of the approval of any project within the unincorporated area of the Project Area. 19. Descri tion of si nificant effect: Possible impacts on habitat for spring-run Chinook salmon in the Big Chico Creek stream system. The Board finds that as to this potential significant effect, changes or alterations have been required in, or incorporated into, 9 the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. 20. The fact supporting this finding is as follows: A. By Resolution No. 107-92-93, the City Council adopted mitigation measures as part of the Northwest Annexation EIR which are applicable to all projects undertaken within the Project Area and which mitigate this potential significant effect to a less than significant level. The County will require these mitigation measures to be implemented as part of the approval of any project within the unincorporated area of the Project Area. Descri tion of si nificant effect: Potential damage to cultural {historic and prehistoric} resources. The Board finds that as to this potential significant effect, changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects thereof as identified in the Final EIR. The fact supporting this finding is as follows: A. By Resolution No. 107-92-93, the City Council adopted mitigation measures as part of the Northwest Annexation EIR which are applicable to all projects undertaken within the Project Area and which mitigate this potential significant effect to a less than significant level. The County will require these mitigation measures to be implemented as part of the approval of any project within the unincorporated area of the Project Area. l0