Loading...
HomeMy WebLinkAbout99-145~~ARD C~~' ~UP~~V~~~R GOUf''JTY OF E3k'1TTE, .STATE QF ~.:AL' IFC31~~lIA 1Z~':~t~~utlUTt v~~~. 99-145 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE APPROVING THE ADOPTION OF A GENF,RAL PLAN AMENDMENT TO rl'HE LAND USE ELEMENT OF THE BllTTE COUNTY GENERAL.., PLAN WHEREAS, the Butte County Planning Commission has initiated an amendment to the Butte County General Plan Land Use Element to add section 7.5 Flexible Lot Size Provisions as identified on Exhibit A-1 attached hereto; and WHEREAS, the proposed General Plan Amendment, as initiated by the Butte County Planning Commission has been studied and reviewed by the Butte County Board of Supervisors and a Public hearing held pursuant to Law, at which time all interested persons were heard; and WHEREAS, the Butte County Board of Supervisors has reviewed and considered the contents of the environmental document Exhibit A-2, ZCA 98-01 prepared on the amendment Pursuant to the California Environmental Quality Act; and WHEREAS, the Butte County Board of Supervisors finds the Proposed amendment as shown on Exhibit A-1, complies with all elements of the Butte County General Plan and comprises an overall internally consistent whole, specifically: 1. The amendment comply with the policies of the Butte County General Plan. 2, The amendment provide for compatible development with existing land uses. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The General Plan Amendment, ZCA98-01 to add Flexible Lot Size Provisions, as shown on the attached Exhibit A-1, is hereby incorporated by reference. 2. The General Plan Amendment is hereby adopted by the Board of Supervisors of the County of Butte as amendments to the Butte County General Plan Land Use Element, said Amendments to be the land use policy for the County of Butte in the affected area for all findings pursuant to iaw. BE IT FURTHER. RESOLVED, that the Board of Supervisors finds that the initial study, and Negative Declaration identified as Exhibit A-2, ZCA 98-01 are adequate for this project for compliance with the California Environmental Quality Act. BE IT FURTHER RESOLVED, that pursuant to Government Code Seetion 65 X59 that the General Plan be endorsed to show t11at the above amendment has been approved by this Board. PASSED AND ADOPTED by the Butte County Board of Supervisors on this 12th day of October , 1999, by the i`ollowing vote: AYES: Supervisors Beeler, Roux, Josiassen, Davis and Chair Dolan NOES: None ABSENT: None NOT VOTING: None ~~ `_- fAI~E DOLAN, CHAIR Butts County Board of Supervisors A']'TES"I': John S. Blacklock, Chief Administt'ative Officer and~Clerk of the Board ) Deputy Exhibit "A-1" PROPOSED GENERAL PLAN AMENDMENTS Py~oposecl ~zew text~or~ Lat~tcl Use Element: The county contains significant agricultural, scenic and environmental resources and hazards that warrant preservation or avoidance, while allowing for development of nearby lands. Flexibility in the application of development standards, will allow for appropriate residential development to occur while preserving these resources to the maximw~~ extent possible. This tlexibility in development design is not intended to provide for attainment of higher residential densities than would otherwise be permitted by the General Plan or applicable Zoning district. Policies 7.S.a. Allow residential development to occur based upon either minimum lot size or average density using variable lot sizes, in appropriate residential General Plan land use designations provided that the density of the existing Zoning district is not exceeded. When the use of density averaging results in open space parcels, a binding mechanism shall be provided to permanently assure, to the greatest extent feasible, protection of the open space area from future development. Depending upon the needs of the property owner and the environmental sensitivity of the open space lands, acceptable mecl-~anisms far protection can include a conservation easement, development agreement, or the transfer of development credits. 7.S.b. Provide for Flexible Lot Size Provisions in appropriate residential Zoning districts that allow for flexibility in the siting of residential development and the preservation of open space. 7.S.e Allow for the transfer of residential density bettiveen parcels within a single development area, including between General Plan land use designations and Zoning districts. Density transfers shall only occur under a development agreement or other acceptable mechanism administered by the County of Butte. Project: Name, File # .._ __ EXHIBIT A-2 "COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIItONMENTAL IMPACTS I. BACKGROUND: 1. Name of Proponent: County of Butte 2. Address: 7 County Center Drive, Oroville, CA 95965 Phone: (530) 538-7601 3. Name of Proposal, if applicable: Flexible Lot Size Provisions 4. Type of Project: General Plan Text Amendment and Zoning Ordinance Amendment 5. Project Description and Location of Parcel(s): The proposed Project addressed in this document consists of text amendments to the Butte County Zoning Ordinance and General Plan, all of which pertain to the Flexible Lot Size Provisions. Following is a summary of proposed text changes; the actual draft text is contained in Exhibits "A" and "B", which are attached to the staff report prepared for the Planning Commission meeting of July 23, 1998. General Plan Amendments - In order to revise the Zoning Ordinance and ensure that it is consistent with the General Plan, it is necessary to amend the General Plan Land Use Element to accommodate the Fle~dble Lot Size Provisions, as follows: 7 5 Flexible Lot Size Provisions The county contains significant agricultural, scenic and environmental resources and hazards that warrant preservation or avoidance, while allowing for development of nearby lands. Flexibility in the application of development standards, will allow for development to occur while preserving these resources to the maximum extent possible. This flexibility in development design is not intended to provide for attainment of higher residential densities than would otherwise be permitted by the General Plan or applicable Zoning district Policies 7.5.x. Allow development to occur based upon either minimum lot size or average density, using variable lot sines, inappropriate General Plan land use designations, provided that the density of the existing Zoning district is not exceeded. When the use of density averaging results in open space parcels, a mechanism shall be provided to protect the open space area from future development 7.S.b. Provide for Flexible Lot Size Provisions in appropriate Zoning districts that allow for flexibility in the siting of residential development and the preservation of open space. ' 7.S.c Allow for the transfer of residential density between parcels within a single development area, including between General Plan land use designations and Zoning districts. Density transfers shall only occur under a development agreement or other acceptable mechanism administered by the County of Butte. Zoning Ordinance Revision. Zoning Ordinance text is proposed for three subject areas related [o the Flexible Lot Size Provisions, as follows: 1 }New Section 24-82 Flexible Lot Size. See attachment. ^ Butte County Department of Development Services ^ Planning Division ^ ProjecL• Name, File # 2) Amendment to the Site'Requirements sections of the AR-1 through AR-10, FR-1 through FR-160, MR, RT- i A, SR-1 through SR-5, TM-1 through TM-160, and U zones to reference the provisions of new Section ~+~ 'as follows: Flexible Lot Size Provisions: Land Divisions may be designed and processed in accordance with the Flexible lot size provisions of Section 24-82. In such instances, the site requirements described for this zoning district shall not apply. Land division applications proposing to use the provisions of Section 24-82 shall be so identified. 3) Addition of a definition for the term "density", to be added to Article VI: 24-305.099 Density Residential density is the number of dwelling units per acre when 1 or more dwellings would be permitted on an acre (e.g., 4 dwellingslacre). When more than 1 acre is required per dwelling, density is expressed as the number of acres per dwelling (e.g.; 5 acres/dwelling or 1 dwelling per 5 acres). L7ensity can be expressed as "gross density" or "net density", as defined below: Grass density -the number of dwelling units divided by the total area of a parcel or project, inclusive of all easements and rights-of--way. Net density -the number of dwellings per acre, where the site area used in the calculation does not include access easements, rights-of--way, land dedicated to and accepted by a public agency, or the surface area of any water body. 6. Assessor's Parcel Numbers: County-wide. The proposed text amendments would have county-wide applicable in the following zoning districts: AR-1, AR-2-1/2, AR-5, AR-10, FR-1, FR-2, FR-3, FR-5, F'R-10, FR-20, FR-40, FR-160, M-R, R-T-1-A, SR-1, SR-3, SR-5, TM-l, TM-2, TM-2-1/2, TM-3, TM-5, TM-10, TM-20, TM-40, TM- 160, and U Date Checklist Submitted: June 2, 1998 II. DETERMINATION: On the basis of this initial evaluation: ~/ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ^ I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION with mitigations) will be prepared. ^ I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IIvIPACT REPORT is required. Prepared by: Randy Chaffin Date ^ Butte County Department of Development Services ^ Planning Division ^ 2 Project: Name, File # Reviewed Craig Sanders /G D e: ^ Butte County Department of Development Services ^ Planning Division ^ Project: Name, File # .Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorparated Impact Impact III. ENVII20NMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ^ Land Use and Planning ^ TransportationlCirculation ^ Public Services ^ Population and Housing ^ Biological Resources 0 Utilities and Service Systems ^ Geophysical ^ Energy and Mineral Resources ^ Aesthetics ^ Water ^ Hazards ^ Cultural Resources ^ Air Quality ^ Noise - - ^ Recreation EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant if there are one or more "Potentially Significant Impact" entries when the deternunation is made, an ElR is required. 4) 'Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measuurs, and briefly explain how they reduce the effect to a less than significant level {mitigation measures from Section XVII, "Earlier Analysis," may be cross-referenced). S) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in a earlier EIR or negative declaration. Section 15063(c){3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. IV. ENVIRONMENTAL IMPACTS: 1. LAiYD USE AND PLANNIlYG. Would the proposal.• ^ Butte County Department of Development Services ^ Planning Division ^ 4 r Project: Name, File # Potentially Significant Impact Potentially Significant Less Unless .Than Mitigation Significant Incorporated Impact No Impact a} Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction aver the project? c) Be incompatible with existing land use in the vicinity? d) Affect agricultural resources or operations (e.g., impacts to soils or farnilands, or impacts from incompatible land uses)? e) Disruptor divide the physical , arrangement of an established community (including slow-income or minority community)? ~_ Response: The proposed project consists of text amendments to the General Plan and Zoning Ordinance. Since the General Plan is being amended to provide for the proposed Zoning Ordinance changes, consistency between the two documents will be achieved. Mitigation: None required 2. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ~_ b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure}? ~_ c) Displace existing housing, especially affordable housing? ~_ es once: Inasmuch as the proposed General Plan and Zoning Ordinance changes will not affect the residential density of land, there will be no effect on population and housing. ?vlitigatian: None required. C Butte County Department of Development Services ^ Planning Division ^ Project: Name, File # .Potentially Significant less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 3. GEOPHYSICAL Would the Proposal result in or - gx~ose~eople to potential impacts involving; a) Seismicity: fault rupture? b) Seismicity: ground shaking! liquefaction? c) Seismicity: seiche? d) Landslides or mudslides? e} Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? f) Subsidence of the land? g} Expansive soils? h) Unique geologic or physical features? -~ ~_ ~._ _~ r ~- X X es o e: The proposed General Plan and Zoning Ordinance changes will help development avoid areas that are subject to geophysical problems. The effect of clustering development on lands suitable for construction will reduce potential affects on the ground, including erosion and landsliding. Mitigation: None required. 4. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoffl b) Exposure of people or property to water related hazards such as flooding? c} Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d} Changes in the amount of surface water in any water body? X ^ Butte County Department of Development Services ^ Planning Division 0 6 Project: Name, File # Potentially Significant Impact Potentially Significant t_ess Unless Than Mitigation Significant Incorporated Impact No Impact ~._ ~._ _~ ~_ e) Changes in currents, or the course or direction of water movements? f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavation? g) Altered direction or rate of flow of groundwater? h} Impacts to groundwater quality? Response: The proposed General Plan and Zoning Ordinance changes will help new development to avoid water- related problems. In particular, clustering of development, as allowed by the Flexible Lot Size Provisions, will reduce road surfaces and other hardscape that would add to surface runoff. Mitigation: None required 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? -x-- b) Expose sensitive receptors to pollutants? -~- c} Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? -d-- Rest The proposed General Plan and Zoning Ordinance changes have the potential for reducing air quality impacts associated with vehicle trips by allowing development to be clustered. This will reduce construction-related emissions, and may reduce vehicle travel within projects. Mitigation: None required. 6. TRAh1SPORTATION/CIRCULATION. Would the proposal result in.• D Butte County Department of Development Services 0 Planning Division ~ 7 Project: Name, File # Potentially Significant Less Potentially Unless Than Significant Mitigation Significant Impact Incorporated Impact a) Increased vehicle trips or traffic congestion? b) Hazards to safety &orn design features (e.g. sharp curves or dangerous intersections) or incompatible uses {e.g. farm equipment)? c) Inadequate emergency access or access to nearby uses d) Insufficient parking capacity onsitel offsite? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g} Rail, waterborne or air traffic No Impact X ~_ .~_ ~_ X ~_ impacts? X h) Substantial impact upon existing transportatian systems, including public transportation services? _~ Res~pcxise: As noted in the Air Quality section, the proposed General Plan and Zoning Ordinance changes have the potential for reducing vehicle travel associated with trips within projects. Mitigation: 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species ar their habitats (including but not limited to plants, fish, insects, animals, and birds}? X b} Locally designated species (e.g. heritage trees)? --~- c) Locally designated natural ^ Butte County Department of Development Services ^ Planning Division ^ 8 r i~ Project: Name, File # Potentially Significant Impact communities (e.g. oak forest, etc.)? d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n e: One of the pnmary Purposes of the proposed changes to the Creneral Plan and Zoning Ordinance is to reduce impacts of development onenvironmentally-sensitive areas. Mitigation: None required. 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wasteful and inefficient manner? c) Conflict with the extraction of identified, significant mineral resources? _~ Response: The proposed changes will further energy conservation goals by potentially reducing use of certain resources required in residential development, such as asphalt for streets and materials used in water and sewer pipelines. Mitigation: None required. 9. HAZARDS. Would the proposal itrvolve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation) ~_ b) Possible interference with an emergency response plan or emergency evacuation plan? _ C~ c) The creation of any health hazard or potential health hazard? ~._ ^ Butte County Department of Development Services ^ Planning Division 0 9 Project: Name, File ~ Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? ~{ es o :One of the stated purposes of the proposed changes is to facilitate avoidance of hazardous areas. Mitigation: None required 10. NOISE. Would the proposal result in: a) Increases in existing noise levels? b) Exposure of people to severe noise levels? X X Response: The proposed changes are not expected to affect noise levels associated with either construction or land use, or affect noise exposure of persons. Mitigation: None required. 11. PUBLIC SERVICES. Would the,_propasal have an effect upan_ or result in a need for new or altered government services in anv of the following areas: a) Fire protection? X b) Police protection? _~ c) Schools? ~_ d) Maintenance of public facilities, including roads? ~_ e) Other governmental services? X es ons : The proposed General Plan and Zoning Ordinance changes are expected to have a beneficial effect on the provision of certain public services by allowing for consolidation, or clustering, of development. This will be particularly advantageous in terms of providing and maintaining public infrastructure, such as streets, water lines, and sewers, and in providing police and fire protection services. Mitigation: None required. 12. UTILITIES AND SERVICE SYSTEMS. W u d ^ Butte County Department of Development Services ~ Planning Division 0 10 Projcc2: Narnc, File # Potentially Significant Impact Potentially Significant Less Unfess Than Mitigation Significant Incorporated Impact No Impact proposal result in a need for new systems or substantial alterations to the fallowing utilities: a) Power or natural gas? b) Communications systems? c} Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Special Districts? Response: See comments in the Public Services section. Mitigation: None required. 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or designated scenic highway? -~- b) Have a demonstrable negative aesthetic effect? -~-- c) Create light or glare? -~-- s n One of the stated purposes of the proposed Flexible Lot Size Provisions is the preservation of environmentally-sensitive and scenic areas. Mitigation: None required. 1~3. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? --x- b) Disturb archaeological resources? -~'~- c} Affect historical resources? -~- 0 Butte County Department of Development Services ^ Planning Division 0 11 // I Project: Name, File # Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the potential impact area? The proposed Flexible Lot Size Provisions will help to avoid impacts on cultural resources by allowing development to be clustered in areas not affected by such resources. Mitigation: None required. 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreation facilities? b) Affect existing recreational opportunities? ~- Response: The proposed General Plan and Zoning Ordinance changes are not expected to affect recreation. Mitigation: None required. 16. MA1~tDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Dces the project have the ^ Butte County Department of Development Services ^ Planning Division 0 ~_ 12 Project: Name, File # Potentially Signficant Impact Potentially Significant Less Unless Than Mitigation Significant Incorporated Impact No Impact potential to achieve short-term environmental goals, to the disadvantage of long-teen environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future pmjects). d) Does the project have environmental effects which will cause substantial adverse effects on human being, either directly or indirectly? es nse: The proposed revisions to the General Plan and Zoning Ordinance are expected to have a beneficial effect on the environment. In particular, the proposed Flexible Lot Size Provisions, will facilitate preservation of environmentally-sensitive areas, while maintaining residential densities. Mitigation: None required. ^ Butte County Department of Development Services D Planning Division ~ 13 Project: Nana, File # V. MITIGATION MEASURES AND MONITORING REQLTIJ[tEMENTS: None required. 0 Butte County Department of Development Services ~ Planning Division ~ 14 Project: Name, File !t ENYIItONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Ea_~hauake and Fault Activity Iv~ap 11-1. Seismic Safety .lement Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2. Seismic Safety Element. C}roville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111- l .Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2. Safety Element. Oroville, CA: CH2M Hill, 19?7. 5. Butte County Planning Department. expansive Soils Map 111-3. Safety Element. Cnoville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Naise Element Map IV-1. Scenic Hig~w~y Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic I~ighw~ys Map V-1. Scenic Hiehw~y Element. C7oville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4. Safety Element. Oroville, CA: CH2M Hill, 197?. 9. Butte County Planning Department. Archaeological Sensitivity Mat). Oroville, CA: Jaynes P. Manning, 1983. 10. Butte County Planning Department. School District M8t). C7oville, CA. 11. Northwestern District Department of Water Resources. ~ce Nitrate Study Map. Nitrate Concentration in Shallow Welis. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. gg~cultural Preserves Map. established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program Flood Insurance Rate MaAS. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. 15. Steil Maw Chico (19251/Oroville (1926 Area. United States Department of Agriculture. 16. oil Survey of Chico (192511Oroville (1926 Area. United States Department of Agriculture. 17. Butte County Planning Department. $utte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. ^ Butte County Department of Development Services ^ Planning Division ^ 15