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Home My WebLink About79-222RESOLUTION ADOPTING GENER~iI! PL,AN I~AND USE ELEI"~N~ T~X~' REV~SIO~T l~ND MAP ,A.MENDMENT WHEREAS, the Cowa.ty o~ Butte first adopted a General Plan in ~'ebruary 1966, and has from time to time amended said plan; and ~aHERFAS, the passage of time, changing conditions in Butte County, and recent State legislation, have mandated more detaa.led,, updated, and effec~ive l.and use plans; and, W~EAS, the Butte County Planning Department has prepared a draf~ comprehensive land use tex~ and map araend.mer~.t; and, W~REAS, the County Planning Commission ax~.d Departmen~ staff have consulted with numerous citizens and groups and have sought wide ranging public parti.cipa~ion and input in the preparation o~ said draft ~and Use Element; an.d, Wl~EAS, the Planning Department has consul~ed with the cities located within the County, and the Local,Agency Fo~mation Commission; and, W~-LEREAS, after publication and notice pursuant to Governmen.t Code Sectio~ 65351 as required by law, the Planning Commission held a ~ublic hearing regarding said ~,and 'U'se Element, whicYi hea~ing commenced on. November 15, 1978 with sess~ons held thereon during a total of eight Planning Commission meetings, extending to March 23., ~g~9; and, yrr~FAS, by Resolution 79-5A the Planning Commission approved and forwarded the revised Land Use Element text and Map amendment to the Butte County Board of Supervisors on March 7, 1979; and., 'W~~EAS, the Butte Coun~y Board of Supervisor~, upon receipt a~ said Resolution 79-5A conducted a public hearing pursua~.t ta G~overn- ment Code ,5ection 65351 on said proposed General Plan revisions, w~.ich hearing began on May 8, 1979 and continued for a total of four Board o~' Supervisors' meetings; and, 'I - __ .__... ___ _- , __ _. . . _ - ~~ ~ ~ WHEREAS, at the request of the Board of Supervisors the Planning Commission subsequently initiated additional hearings on said ~and Use Element General Plan revisions commencing on July 25, ~979; and, WHEREAS, the Planning Commission had received applications for speci~ic General P1an Za~d Use Element revisions from John Heinke on May 23, ~979 and from Richard Vermillion & William Drew o~ March 7, ~979; and, WHEREAS, the Plarming Commission conducted a public hearing on the aforementzo~ed John Heinke appLication on August 22, 1979 pur- suant to Goverr~m.ent Code Sec~ion 65351 and approved sazd application b~ Resolution 79-~0; and, WI~REAS, the P~an.ning Commission conducted a public hearing on the a~orementioned Richard Vermil~ion and William Drew application on September 12, 19~9 pursuant to GoVernment Code Section 65351, which application was approved b~ Resolution 79-11; and, WHERFu4S, ~~e additional Planni~g Commission hearing on'the county-wide Land Use Element text and Map revisions which commenced on July 25, 1979 was continued to Sep~ember 12, 1979 on wh~ch date the Planning Commission approved the revised Land Use Elemen~ tex~ and Map amendment by Resolu~zon ~9-12, and forwarded said proposed amendment to the Board of Supervisors; and, WHEI~S, upon receipt o~ Planning ~ommission's Resolution 79-12, the Board of Supervisors co~vened a continued hearing on September 18, 1979, and, WHEREAS, the Board of Supervisors heard substantiaL public testimo~y during the course of said public hearing and proposed various map and text modi~ications as a result of this review; and, W~'.aA.S, the specific mod~~ica~ions proposed by the Board of Supervisors were subsequently re~erred to the Planning Commission for a report and recominendation in accordance with Government Code Section 65355; and, WI~EREAS, the Planning Commission reviewed the modifications -2- proposed by the Board o~ Supervisors at their regu.lar Planning Commission meeting held on October 2~, 1979 and made certa~n recommendations con- ce~ning the staf~ report prepared thereon, and referred said recommen- dations to the Baard of Supervisors; and, WHEREAS, upon receipt of Planning Commission Resolution 79-11 (Vermillion & Dxew) the Board of Supervisors conducted a pub~ic hearing thereon, pursuant to Government Code Section 65351, on October 16,:~979 which hea~ing was continued ~o October 30, 1g7~; and, , WKER~AS, upo~ receipt of Planning Commission Resolution 79-~0 (Heinke) th~ Board of Supervisors conducted a public hearing thereon, pursuant ~o Government•:Code Section 65351 on September 25, 1g79, which hearing was continued to October 16, ~97q, and further continued to October 30, i979; and, WHEREAS, the proposed ~evisions are generally consistent with ~he other elements of the Butte County General Flan; and, W~EtEAS, in order to expedite the process for revising the ~eneral Plan the B.oard o~ Supervisors wishes to incorpora~e a11 the a~orementioned Gene~al Plan Land Use Element revisions into a single resolution. NOW, 'gTER~I'ORE, BE ~T RESOLVE~ BY THE Bi3TTE COUNTY B4ARD 0~' SUPERVISORS AS FO~,L4WS; TO WIT: 1.. That land uses and land development projects which.may occur pursuant to the policies, guidelines and map des~g- nations incorporated within this Larsd Use Element a~e an~icipated to have sign.ificant e~~ects on the environ- ment, however, the potential fo~ these significa~.t'effects has been substanta.ally reduced by modi~ications to the. Land Use Element. .An exampl.e of such modification;,.to min.~.mize poten.tial environmental damage is the reva~sion of the previousl~ proposed Ru~al Residential land use category l.isted on Page 48 0~' the document, whicY~. ca~e- gory was changed to Agricultural Residential and the potential for parcel divisions below 20 acrea in area was limited through establ.ishment of criteria ~or dete~- -3-~ mi~ing when zoning to allow such parcel sizes below 2D acres could be found consisten~ with the plan. ~ similar change was made in the Orchard and ~ield Crop category ~or the purpose of preventing development o~ small parcels in inapropriate areas. Both of these changes result in an environmentally superior plan, and do not involve the creatio~ o~ ~otential for new environmental im~acts not previously addressed. 2. A~though mitigation measures to reduce potential environ- mental dama~e are described in the environmental impact report, these cannot be implemented at the time of,adop- tion o~ the Land Use Element, but rather should be consid- ered for implementation either as condi~ions o~ approval of individual land use and development projects, or as iudicators of possibl~ need ~or new regulations whi:ch could be implemented through subsequent legislative action. 3. Although there may be significan~ adverse environmental effects resulting from implementation o~ the policies, guidelines, and Land use map categories of the Uand Use Element, there are overriding considerations which just- ify project approval. These overriding considerations inc~ude: (a) The Gene~al Plan Land Use E~ement is required by State 1aw, and a revision of the element presently in ef~ect is necessary to update factual in~ormation, and remove internal inconsistencies and inconsisten- cies with other adop~ed elements o~ the Butte ~ounty General Plan. (b) The current text of the Land Use Element was develop- ed in conjunction with environmental considerations as set forth in an environmental impact report, while the Elemen~ it replaces did not have the benefit of an environmental impact report du~ing its ~ormative stage therefore, the revised Land Use Element is -4- ,. _ _ ........ _ __ e~pec~ed to guide the intensity and distribution of land use pa~~erns in a less environmentally damaging ~anner than would be the case urider ~he previous Land Use Element. (c) Much study, analysis, discuss~o~ and public input went into the formulation o~ this Land Use ESeme~t revision in order to produce a useful, ef~ective, beneficial Planning tool which is re~lective of pubLic sentiment and reasonable planning pri~ciples. 4. Where feasible and desireable, environmentally superior alternatives to the Iand us~ element revisions have been incorpora~ed into the Land Use Element. Other a~ternatives considered are either infeasible or undesireable ~o~ the following specific economic and social reasons: (a) To substan~ially comply with the Land Use Element text which seta forth specific site designation criteria for the purpose.of dete~~ining desireable land usages; (b) To provide for a reasonable surplus of potential development si~es in order to av~id artificia~ constriction o~ market supply and un.necessari~y E high land prices as recommended by -~he Land Use Element text; (c) To provide for adequate land for free market''com-~ petition among lanct suppliers and the provision o~' ; plans which allow reasonable "fr~edom of choice" of i sites and facili-~ies for popula~ion growth; ': (d) To allow wherever possible a profitable economic use for each parcel ancl to maintain surroundin~ propert~ values; 5, That the Land Use Element Tex~t, identified as E~ibit ,A attacl~ed hereto are hereby adopted, effec~ive immecliatel~r as part of the Butte Count~ General Plan; _5_ _ _ _ __ - , : 6. That copies of the Land Use Text and Map adopted hereby shall be kept on file in the o~fice of the County G1erk and the P~annzng Department; 7. That the ~eneral Plan Zand Use Element ~ex~, which was adopted on August 10, 1971 by resolution 71-178, iS hereby rescznded, repealed, and superceded; ~ 8. That the General Plan ~and Use Element Map, is hereby amended as reflected in E~ibits B, C, & D. PASSED ATID ADOP~ED by the ~utte County Board of Supe~visors, State of California, on the 30th da~ o~ nc~ober~ i979 by the ~ollowing vote: ~yES; Supervisors Dolan, Moseley, Wheefer and Vice Chairman Winston NOES : None ABSIl~7T: Chairman 1_emke ABSTAINED : None C /! l`. Vlr~-' Robert Lemke, Chairman of the Butte County Board of Supex~visors ATTEST: CLARK A. NELSON, COUNT'Y CLERI<- REC07DER and ex-o~ficio Clerl< of the Board o~ Suoervisor~ ~Y_._~::~~.~; .__~''~- -5-