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HomeMy WebLinkAbout98-172'~~•• ••'~~'if kri ~ .~ • ~ M _, .~ '~i i T ._, ~ ~ ~~~. Z'OUI1__s~~~ <~ k 4y~ ARC 4F ~IMiP"~RV~~~R~ ~'' Vs,- ~` CC?UNTY Q~ eu`r-~~, 5`>k'ATE Off' ~~#LC»'C?~lvtA ~~c'SO~Ufic~ii N0, 98-172 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE AMENDING THE NORTH CHICO SPECIFIC PLAN. WIIEREAS, The Butte County Board ohSupa~l~isors adopted resolution 9S-d7 adopting the North Chico Specific Plan; and WHEREAS, the North Chico Specific Plan contained a land ~-se designation of~SR-1/OS Sublll"b~nl Resldf'nllalfOpell Spike which pet'mllted an U11Speel~led -1Llmbe[' Of dwelll-1g umtS; and WHEREAS, prlVatC -ndlVldualS, RObel't and Anil Stepl1e11S have pCtltioned tl1C Butte COL-nly Plallmlig Co-11nl1SS-on a-~d BOaCd Of~ St1pCt'V1S01"S, thi~Ollgh all appropl"late apphCatlOn, t0 a111end the North Chico Specific Plan, to change the land use designation Cor the property described as Exhibit ",~~", attached, G-om SR-IiOS and OS to SR-I~PD and OS/PD thereby adding a PD - Planned DCVClOp1llent COmblmllg dCSlgnatlOn, aS deSC-"Ibed 111 f~Xl1lblt ~~B", atlaGhGd, and alllCndln~~ the Q~ - Open Space designation, as described in Exhibit "C", attached, to the North Chico Specific Plan ~'4'h1C11, along 4V1t11 a COnCU-"1"Cit DC~'ClOplllCnt AgCC;Cillent which wlll -]]Ol~e cleal'ly dCf-nC tl1C development potential of the above described property, and will thcrcby increase the number of dwelling units contemplated within the Plan area 11~om 2,803 to 2,896; and WHEREAS, the proposed amendment to the North Chico Specific Plan has been studied and reviewed by the Butte County Planning Commission and public hearings held on November l3 and December 1 l , 1997 and on February 12, 1998, pursuant to law, at which times all interested persons were heard; and ~~I-IEREAS, the Butte Coi~i~ty Boat-d of Supet-visol-s has reviewed and considered the conte~lts of the Mitigated Negative Declaration prepared on the amendment pursuant to the Calilornia Environmental (3uaiity Act and attached hereto as Exhibit D; and WHEREAS, the Butte County Board of Supervisors held hearings on the amendment to the North Chico Specific Plan and Development Agreement at which hearings all interested parties tivere heard; and WHEREAS, substantial testimony has been heard both pro and con, and changes have been made io the project to address concerns made during the public review process; and Wi-iEI2EAS, the Butte County Board of Supervisors finds the proposed amendment complies with all elements of the Butte County General Plan and comprises an overall internally consistent whole, specifically: A. The proposed amendment to the North Chico Specitic Pian is consistent with the policies, including the text and map, of the Butte County General Plan as discussed below: The Butte County General Plan Land Use Element designates the 230 Acres north of-Mud Creek as Agricultural Residential. The maximum development potential ailawed by this designation is 1 dwelling unit per acre. The net result of the proposed amendment to the; NC~SP is the development ol- up to I60 dwelling units within the boundary of the 230 acres for an average density that is consistent with the General Plan Land use designation. 2. "I'he following General Plan policies support the proposed a~l~endment: C.l.e. "Encourage urban expansion toward the least productive soils." 'i`he site contains marginal agricultural soils capable of supporti-1g only grazing or limited agricultural uses. D.I .b. "PI~w1dc a~iy°et~sil_y of housing sites vsar~i11~111_SiZ~, ~~1~ity~location." The PD combining zone will provide additional housing choices in the NCSP. D.2.a. "Correlate residential densities to soil, slope and other nah-ral_._sit~ ~_1141r~1G1~r1~i1S~~" The site has few limiting characteristics. Sewage disposal and drainage are two areas that could potentially limit development. However, the required additional open space aea-eage associated with the PD combining designation is available to overcome these limitations. D.2.c. "Re1_ate residential densities to in[~~ity and com atp ibilit,~~4~~1j_t~~ent~~~~~," The resulting residential development will not be as dense as adjacent residential uses in the Village core and will provide a suitable transition to the 1 acre parcels to the no--th and west. The overall density of the project is consistent with the l acre density planned for the adjoining lands. D.2.d, "Balance residential densities with traffic-carr~g capacities of~~i~~~~~nd }zoposed circulation1 alan~." The proposed circulation plan and improvements proposed by the NCSP will accommodate the additional traffic generated by this project because the improvements were based upon a greater number of dwelling units than ultimately approved by the Plan. G.S.b. "Prevent develobl~~t~ttd_ste clearance other th~tlliver hank lrotection of mac.sl~~~ _at~cL significant ri~aii4t11__I~fk~ The Development Agree~~~ent provides for riparian protection and enhancement through the use ofcreek side setbacks and vegetation plantings. EI.3.a, "Limit development in area ~~ith ~iglli_fidrainage and fl4~_ding_12L~~lcnl~ until ~t~cduate drainage or hood control facilities are provided." "I'he incorporation of drainage conditions to reduce peak project site runoff to 10°,<~ below pre-development conditions will serve to reduce downstream floodin;~. An easement along the westerly property boundary will also be deeded to the County in order to provide for future drainage improvements that will allow the transfer of flood waters from Keefer Slough to Mud Ca-eel<. This is a critical component in solving downstream flooding problems on Keeler Slough. I0.0 "Provide for a safe and convenient bicycle transportation seem W111C11 1S U ~ ~vith_Qther transportation modes." Pedestrian trails and bicycle paths are integrated as part of the NCSP and are also required as part of the Development Agreement. ~VHERP,.AS, the property proposed for amendment is located adjacent to the Chico Municipal Airpol-t and this amendment is subject to review by the Butte County Airport Land Use Commission and said Commission reviewed project proposals for the Stephc;ns property an November 1 1, 1997, November 19, 1997, and again on August I9, 1998; and 4 WHEREAS, At a public hearing held on August I9, 1998 the ALUC reviewed the Development Agreement proposed for the project and found the project consistent with the Chico Municipal Airport Environs Plan and that the project is compatible with the viable, responsible, operation o1~ the Chico Mu-licipa] Airport. Said review also constituted a reconsideration of the amended Stephens project, in that the Development Agreement outlined all aspects of the proposed dCVelopl1lent IOC tl1e pt"O)eCt 51te 111CIUding the nulllber of dwelling nrlltS, develop117ent al`CaS and Open space ~u-c~rs, and the timing oh construction of the dwelling units. The ALUC finding was based on 1 required condition, ~ recommended conditions and 2 recommended changes to the Development Agreement, the details of which are contained in the ALUC's consistency findings report dated August 2Q 1998, and all of which have been made part of the Development Agreement; and WHEREAS on October 2I, 1998 the ALUC purported to adopt an arnendrnent to the 1978 Chico Municipal Airport Environs Plan prohibiting the development of new single family dtivellings 0-1 property adjacent to the Chico Municipal Airport including the majority ofthe Stephens property. "Phis ALUC action required the Stephens Development Agreement and Specific Plan Amendment to again come before the ALUC' for consistency findings. On November l 8, 1998 the ALUC again rcv~ctved the project for consistency with the amended Chico Municipal Airport Environs Plan finding the project to be inconsistent with the amended plan; and WHEREAS the Board of Supervisors, on December 1, 1998 made and adopted findings to ove--ride the ALUC inconsistency findings in accordance with Sections 2 ] 676 and ? 1670; and NOW, THEREFORE, BE IT RESOLVED that the Butte County Board of Supervisors hereby approves: 5 1. r1n amendment to the text of the North Chico Specific Plan adding a PD -Planned Development Combining Zone and amending the OS Open Space Zone as contained in the attached Exhibits "B" and "C", and is hereby incorporated by reference. 2. An amendment to the text of the North Chico Specific Plan revising t1~e last paragraph of Development Regulation 7.1-6, page 7-4 to read: "Outside the Village Core boundary, with the exception of the SFt-1/OS designation, any revision to increase the number of dwelling units within a particular designation shall be of~l-set by a corresponding decrease in another designation so that the total number of units in the entire planning area is not exceeded. Revisions to the SR-1/OS will require a specific plan amendment" 3. Ftcvise the text, exhibits, and tables to reflect the effects of this Specific Plan amendment on the whole NCSP, including but not limited to; a. Any reference to 2,803 dwelling units shall be changed to 2,896; b. Amend table 3-l, to include SR-1lPD and OS%PD designations and acreage. c. Amend higure 3-l to reflect the new land use designations. d. Amend Table 7-1 to include the SR-1/PD and OS/PD designations. e. Amend Table 7-2 to include the PD combining zone development standards. f. All applicable tables and schedules in Chapter 8 regarding fees and capital ui~provements. PASSED AND ADOPTED by the Butte; County Board of Supervisors on this 1 st day of December, 1998, by the following vote: AYES: Supervisors Beclcr, Dolan, Houx, and Josiassen 6 NOES; Nonc ABSENT: None ,_ NOT VO"PING: Chair Davis ~- .. _ -7 _- ~,, r=- ~ ~, ED C. DAVIS, ~'IIAIR Butte County Board of Supervisors A"I~'hEST: John S. Blacklock, Chief Administrative Officer and Clerk of the Board r~ Y ~ `~ ~ ' Jerk ~~ S R- er Road _ -~`~~' _----- ~, ., _ ~ ;~ ~ ,, N -~ -~ Shaded Area is . __`_ _ - .--- PLANNED DEVELOPMENT ~~ ~~ COMBINING ZONE I~?e~olie ~ S#2~~ X05 = : . ~ =SR:-1 cv ~ :~~: _D -- SR-1 /OS \~~~ ~5~=1 -- - - SR-1 -1 M-1 - . , ".; R-2 _- City of Chicci:~:~~" __ _ _ Id F n h ~,~. -- -_ - Pr_~ ~.--~ _ - Pro"ect Location _Q R- ~tUl-1 /1 BUTTE COUNTY BOARD of SUPERVISORS Applicant: Robert & Ann Stephens Owner: Same Rearing Date: October 27, 1998 @ 10:00 a.m E~sting Zone: Various N Request: Specific Plan Amendment and Rezone From SR-1/OS to SR-1 on 83 acres and applying a No Scale P-D Combining Zane to Approx. 230 acres. Assessor Parcel No: 047-250-141 ptn File: SPA 97-01 EXhiBIT ~- PD (Planned Development) Combining Zone A. Purpose and Intent -The purpose and intent of the PD combining zone is to allow diversification of lot sizes and retention of open space areas, to encourage innovative and superior subdivision design aver that which is available with conventional subdivision regulations, and facilitate the transfer of density between parcels. The combining district is used in combination with the base ar underlying zone districts to address special needs or characteristics to which they are applied, including but not limited to potential hazards and/or land use conflicts created by aircraft overflight, flooding, unique community character or visual quality. Land with a PD combining zone designation may develop subject to the regulations and site design requirements of the underlying zone or subject to the requirements of the PD combining zone. B. Conflicts between provisions - In the event of any conflict between the combining district regulations and the underlying zone district regulations, the combining district regulations shall control. C. Application process - Obtaining a PD zoning designation requires an amendment to the North Chico Specific Plan land use map including a rezone and a concurrent Development Agreement application or conditional zoning agreement. The process shall be the same as set forth by Chapter 24 of the Butte County Cade. The submission of a Tentative Subdivision Map to exercise the PD designation shall be preceded by apre-development conference to review the proposed lot design and ensure the project meets the site design criteria in Section E., below. A concept plan shall be submitted that addresses the site design criteria. D. Allowable land uses -The allowable land uses shall be the same as permitted in the underlying or base zone. Residential densities may not exceed that stipulated by the General Plan and Specific Plan unless applicable amendments are approved. The maximum number of dwelling units, including any assignment and transfer of density credits, and timing of construction shall be set forth in the Development Agreement or conditional zoning agreement. E. Site development requirements A minimum of 2.5% of the gross acreage within the PD designation will be retained as open space and made available to residents of the Planned Development. This area may be larger than 25°fo if significant wetlands or other sensitive biotic resources are retained on-site. The retained open space shall be protected by a conservation easement ar other mechanism that will preclude development in perpetuity. "fhe designation of open space areas shall be governed by the following criteria: a. Primary Open Space Areas - The features enumerated below are defined as Primary Open Space Areas. These areas shall be used to determine the location and extent oi' the open space area within the development area to achieve the 25% requirement. 1). YTletlands~reser°ved within the I'1~ area, with S©` of srrr°rourtdiftg ht~rff~r cr1°ec7. If wetland preservation area, including buffers cannot be feasibly retained and integrated into the Planned Development area, alternative mitigation must be performed. Creation of new wetlands area within other open space area of the Planned Development shall be the accepted mitigation, subject to approval from the California Department of Fish and Game as well as the Army Corp of Engineers. Destroyed wetlands shall be replaced on a 2 to 1 ratio as provided for in the North Chico Specific Plan. 2}. Setbacks, from water° courses card drainage chcrnfrels. The creek side setback is 100' for those streams anal drainage courses shown in the NCSP unless, as a component of the Planned Development, a habitat improvement plan is undertaken to significantly enhance the value of these buffer strips, in which ease the setback may be reduced to not less than 50'. The habitat improvement plan shall be submitted with the Tentative Subdivision Map application. 3}. Setrsitii~e hotarrrc or biotic habitat. Prior to the required pre-development conference, the applicant should identify any areas of the site that provide habitat for sensitive plant or animal species. 4). Any areas deemed to Ire of high crrchaeologiccrl i~ahre by the irrves7igcrtin~ir archaeologist, tivhich ar•e rrot otherwise mitigated. 5). Stormwater~• detention area as corrce~trrally designated irr NCSN, or• other a~~~ropr•iate stornrwater• detention cotrfigur°ation. b. Secondary Omen Space Areas -The features enumerated below shall be defined as Secondary Open Space Area, those areas to be carefully considered during site design to minimize development impact and maximize the benefits of the resultant open space amenity. l }. The most irritable soils for filtering eff/Trent. Unless the site is served by public sewer, an on-site community wastewater treatment system is needed. Suitable soils will be one of the site's most significant resources, and organizing development to best utilize these is appropriate. 2). Areas connecting I'rinrary O~rerr ~S~ace Areas. Wildlife movement corridors will be combined with other open space functions to the maximum extent feasible. 2 2. Development Appropriate in Open Space Areas a Paths anr~ trails. Looped, meandering bicycle and pedestrian paths along the edges of open space areas, and abutting same lots, connect open spaces with residential development and access streets. b. C~mnrrrrrity ~vaslewater treatment, fcrcrlitres. Facilities may be located in the open space area in a way that is sensitive to the specific features of the chosen location. c. Active recr-eati~rl. Green areas, small play lots, and a "mini-park" may be appropriately located in open space areas. d. Other ~t~ses. Uses permitted within the OS zone as provided in the North Chieo Specific Plan 3 Residential development design criteria -The following design elements shall be incorporated into residential development in the PD zone: a Lots abutting «r facing r~~1ty open spaces. Where feasible, such lot siting will take advantage of the amenity value of the open space. The adjoining open space creates a buffer on at least ane boundary of the lots, which is preferable to being closed in on all sides by others' yards. b A variety of lt~t sizes to accommodate the desig~~atecf yielca'. Adjoining open space will psychologically enlarge smaller lot dimensions to include some of the meadows, wetlands, or stream corridors within direct view of the house. c. Access its it~di>>idraal lots, from interi«i° lacal streets', Major arterials along the perimeter of a site are not appropriate for individual lot access. d. Appropriate tree ~~larrtings. Use tree plantings to create a landscaped `canopy' to shade streets and yards, and to provide some natural bul~ering between houses. Provide a landscaping plan with tentative map application. e. I~eveloprtaet~t~aczrsed away_fi~am major prabhc mutes adjacent to this area . Preserve views from these roads and buffer residences from associated tragic and noise. f. I~evelc~pnaettt sited lt~ take advczrztage of any views aut~~c~m the silo. g_ Ilse Single-Loaded streets, where feasible. 3 h. Inc~lnldual water wells or, if more efficient, a ccrmmuttily water system. t.'~~mmunity wastewater treatrraent system. A community or public wastewater treatment system is required. I~raitta~e system clesigrred lcr filter concentrated stcrr•rrawater runoff before it reaches sensitire ar°eas such as wetlands. 4 EXhIBIT ~ __- ~S {Open Space) Permitted Uses t 1) Biking and hiking trails (2) Drainage improvements (3) Walls and fences (4} Public parks (recreation centers and facilities) (5) Wetland preserves, reference to section 7._5 Wetlands Mitigation. (6} Private parks (active and passive) (7) Limited road access (b) Community sewage disposal and water treatment facilities, wells (~)) Underground utilities (l 0) Any other uses deemed compatible by the Director of Development Services or designee