HomeMy WebLinkAboutEmail from Rene Vercruyssen with Knife River Construction - Butte Creek Canyon Overlay Zone Menchaca, Clarissa
From: Larry Wahl <la rrywa hl @sunset.net>
Sent: Thursday,April 19, 2018 4:36 PM
To: Menchaca, Clarissa
Subject: FW: BOS is not required to adopt BCC Overlay Zone
Attachments: doc03018120180409092813.pdf;ATT00001.txt
Clarissa,
Here is the subject letter for all Board.
La rry
-----Original Message-----
From:Vercruyssen, Rene [mailto:Rene.Vercruyssen@kniferiver.com]
Sent:Wednesday,April 18, 2018 8:55 AM
To: Wahl, Larry<LWahl@buttecounty.net>
Subject: BOS is not required to adopt BCC Overlay Zone
I have asked my lawyers some questions about the SCC Overlay zone. Here is their short response.
FYI
i
BRADY & VINDING
TELEPHONE WELLS FARGO BUILDING FACSIMILE
(916)446-3400 520 CAPITOL MALL,SUITE 630 (916)446-7159
SACRAMENTO,CALIFORNIA 95614
mbrady@bradyvinding.com Direct:(916)273-1735
mvinding@bradyvinding.cnm Direct:(916)273-1734
April 6,2018
Rene Vercruyssen
Knife River Construction- Chico
1764 Skyway Drive
Chico, CA 95928
RE: Proposed Butte Creek Canyon Overlay Zone("Overlay Zone")
Dear Rene,
We write to answer the questions you posed relating to the above-referenced Overlay
Zone,the 65 acre parcel owned by Knife River Construction.- Chico that is currently within the
proposed Overlay Zone, and the April 24, 2018 Butte County Board of Supervisors hearing.
Your questions are in italics and our answers follow
1. Must the Board of Supervisors adopt an Overlay Zone?
No.
The current Butte County Board of Supervisors is bound by the 2010 Butte County
General Plan but that General Plan does not impose a mandatory duty to actually adopt an
Overlay Zone. See General Plan Conservation and Open Space Element Action Item COS-A6.2
in which the County commits to:
Work with Butte Creek Canyon residents and local groups toward adopting a
planning strategy for a Butte Creek Canyon overlay. The purpose of the planning
strategy is to facilitate the protection and preservation of the historical and
ecological foundation of Butte Creek Canyon, including the survival of salmon,
steelhead and other sensitive plants and animals such as the East Tehama Deer
Herd,preservation of historical sites and ecological preserves, and the optimum
balance of recreation and residential use.
The only mandatory language in this paragraph is that the County work with others
towards adopting a planning strategy for an overlay zone. The County's efforts over the last two
years have doubtless satisfied this requirement,however,there is nothing in this Action Item
requiring more, like actual adoption of the Overlay Zone. In Action Item COS-A6.2 that
decision is deferred, as it must be, to the current Board of Supervisors which is responsible for
striking the optimum balance between all of the competing uses.
BRADY&VINDING
Rene Vercruyssen
Knife River Construction- Chico
April 6,2018
Page 2
2. Must the Board of Supervisors adopt this Overlay Zone?
No.
As noted above, Action Item COS-A6.2 identifies several things that must be protected
and/or balanced as part of the planning strategy that the County has been working toward. But
the Action Item is completely silent as to how this will be accomplished, meaning the Board of
Supervisors can strike the balance however it prefers among these competing interests,
regardless of the wishes of the Planning Department or others.
3. Must the Board of Supervisors articulate an objective standard When excluding
properly from coverage under the Overlay Zone.
No.
The language of Action Item COS-A6.2 does not require this.
4. Is there an objective standard that would juste excluding the Knife River
property from the Overlay Zone?
There are many.
First, the Knife River parcel is not even in Butte Creek Canyon and is not accessed by
any of the Canyon roadways but,rather,by lower Skyway Road. Second,the parcel is several
hundred feet from Butte Creek and nowhere near any ridge Iines or slopes. Third,the Knife
River parcel is on mine tailings at the very western edge of the currently proposed Overlay Zone.
Development of the parcel at some point in the future should be encouraged as it will confer a
benefit on the public and the environment.
Should you have any questions regarding this matter,please do not hesitate to contact us.
Very truly yours,
`,BRADY & VINDINGi
Michael V. Brady
Michael E.Vinding
MVB/lcb