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HomeMy WebLinkAboutGeneral Plan 2030 letter 9-16-10 D O W N E Y IBRAN D Jonlynn R. Fleener 621 Capitol Mall, 18"' Floor ATTORNEYS LLP jfleener@downeybrond.com Sacramento, CA 95814 916/520-5227 Direct 916/444-1000 Main 916/520-5627 Fax 916/444-2100 Fax downeybrond.com BOARD OF SOPEMSORS SEP 17 2010 September 16, 2010 OROWLLE,CALIFORm VIA E-MAIL[KMOGHANNAM a*BUTTECOUNTY.NET] AND FEDERAL EXPRESS Butte County Board of Supervisors c/o Kathleen Moghannam, Asst. Clerk of the Board 25 County Center Drive Oroville, California 95965 Re: September 29, 2010 Board of Supervisors Meeting: Butte County General Plan 2030 Our Ref. No. 37850.004 Dear Supervisors: In advance of the meeting set for September 29, 2010 on approval of the final version of General Plan 2030, we are writing on behalf of our client, Signalized Intersection West ("SI West"), the owner of several parcels located in Butte Creek Canyon (APN Nos. 017-090-138, 017-090-139, and 011-280-121), As discussed in my letter to the Board dated April 6, 2010, designation of the strip of properties on the west side of Centerville Road in Butte Creek Canyon as Agricultural would be improper for several reasons. Enclosed herewith, for the Board's convenient reference, is a copy of my letter of April 6, 2010. It appears from recent events that when the Board gives its final approval to General Plan 2030, the subject properties will be given a land use designation of Agricultural, rather than Foothill Residential, as proposed in an early draft of the General Plan. We again urge the Board to revert to the original designation of Foothill Residential for these properties, for the reasons set forth in the enclosed letter. Additionally, a decision by the Board to re-designate the Sl West properties as Foothill Residential would have a significant, negative impact on the value of those properties. Under the current zoning applicable to its properties, SI West would be entitled to build 39 separate residences on its approximately 326 acres. If the zoning is changed to Agricultural with 20-acre minimums, SI West will only be able to build, at most, 14 homes. SI West estimates that the proposed zoning change will therefore result in a loss to the value of its properties in the range of $6,000,000. sip 9,v2m Butte County Board of Supervisors September 16, 2010 Page 2 SI West and its representatives will be in attendance at the meeting on September 29, 2010,to answer any questions which the Board and the County may have. Very truly yours, DOWNEY BRAND LLP and R. Fleener :met 11124&8,1 Enclosure cc: Signalized Intersection West (via e-mail) DOWNEY BRAND ATTORNEYS UP D O W N E Y I BRAND Jonlynn R. Fleener 621 Capitol Mall, 18"' Floor ATTORNEYS LLP ifleener@downeybrand.com Sacramento, CA 95814 9.16/520-5227 Direct 916/444-1000 Main 916/520-5627 Fax 916/444-2100 Fax downeybrond.com April 6,2010 VIA.E-MAIL[KMOGHANNAM@BUTPECOUNTY.NET]AND FEDERAL EXPRESS Butte County Board of Supervisors c/o Kathleen Moghannam,Asst. Clerk of the Board 25 County Center Drive Oroville,California 95965 Re: April 13,2010 Board of Supervisors Meeting: Butte County General Plan 2030 Our Ref.No.37850.004 Dear Supervisors: This firm represents Signalized Intersection West("Sl West"),the owner of several parcels located in Butte Creek Canyon(APN Nos. 017-090-138,017-090-139,and 011-280-121),and we are writing in advance of the special meeting set for April 13,2010,to discuss the land use designation for a Handful of properties within the Canyon,including those owned by SI West. The Board of Supervisors finalized the draft of General Plan 2030 at the joint meeting held with the Planning Commission on January 21, 2010. At that time,the Board voted to change the land use designation which had been set forth in an early draft of the General Pian. In the early draft, the SI West parcels had been designated as Agricultural. But.after hearing from SI West's consultant, Jun Mann of Rural Consulting,Inc.,the Board agreed that it was more proper to designate the parcels as Foothill Residential. The Board has now set a special meeting to provide,an opportunity for public comment regarding the land use designation for the various Butte Creek Canyon parcels. The land at issue,of which SI West's parcels comprise the major portion,is a strip on the west side of Centerville Road For the reasons cited by Mr. Mann, SI West is requesting that the County uphold its decision to designate the properties as Foothill Residential. For one thing,this designation is the one which has been in place in the area for the past 30 or so years;thus,it is the early draft of the General Plan that would have actually worked a change in the land use designation for the subject properties,not the Board's decision of January 21,2010. Additionally,the Foothill Residential designation is prevalent in areas comprising and surrounding Butte Creek Canyon (notwithstanding the statement by some residents that the area is largely rural in character). Butte County Board of Supervisors April 6,2010 Page 2 SI West understands that other landowners within Butte Creek Canyon are actively lobbying the County to change the land use designation on SI West's properties to Agi lcultural. Enclosed is a copy of a letter which was distributed to property owners within the Canyon by a group which calls itself the"Butte Creek Canyon Coalition." As you will see,the"Coalition"is opposed to development in the Canyon, and believes that SI West--which the Coalition erroneously labels as"a major Southern California development company"--is seeking to build a"high-density subdivision" in the area. SI West has never proposed to put a high-density subdivision in the area But more importantly for purposes of the instant discussion, as the County of course knows,the current land use designation under consideration is just that, and nothing more. The designation would not,for instance,constitute a decision about future zoning. Additionally, should SI West decide to pursue development of its properties in the future, it would still need to follow the County's processes,among others,to obtain development approvals. Thus,the Coalition's concerns are premature, in addition to being misdirected at the narrow issue which is actually before the Board at this point. Thank you for considering these continents. SI West and its representatives will be in attendance at the special meeting on April 13,2010,to answer any questions which the Board and the County may have. Very truly yours, DOWNEY BRAND LLP Janl Fleener :met f06R753.2 Enclosure M. Signalized Intersection West(via e-mail) DOWN EY1B.RAND ATTORNEYS LLP March S,2010 Dear Canyon Neighbors, It has come to the attention of concerned residenig of this canyon that a major Southern California development company—Signalized Intersection West,LLC(SM—bus purchased. 326+acres on the north side of Centerville Road across from the duck pond along the beautiful bluffs above Rim view Drive and Conejo Lane and extending almost-to Center Gap Road (parcels A:PN017.-090-340,038,039 and 099).SrW wants the area to be zoned so they can build a subdivision.Srw has proposed building a high-density subdivision on the 246 acre parcel and may pian for additional subdivisions on the other parcels if the Board of Supervisors approves the zoning request. No one who loves living here would deny that joy to anyone else,but there are so many reasons to question the wisdom of the density of the proposed development.Subdivisions do not belong here.All the surrounding landowners have their land ia-x* s.Butte Creek Canyon Coalition is dedicated to keeping the rural cand envi omental health of the canyon foremost If this zoning request of"Foothill Reshkn ial"is,granted to the developer, SIW, at the.hoard&fSupervisors meeting on April 13"; it will forever change the,face of our Canyon. Please help us save the cgnyon from this out-of-town developer and future high-density development.To help it is essential to write letters to the Board of Supervisors by April 6*`,to be included in the written comments.It is also.important to express your concerns in person at the April 13 BOS meeting at 9 am,BOS Chambers,25 County Center Dkive in Oroville. Also volunteering with BCCC would be very helpful. The"Foothill Residential"zoning to make way for a subdivision is our most pressing concern right now,but there are other pending situations requiring"input by canyon residents:These include the Paradise Irrigation District's planned expansion of its sphere of influence into the Canyon and its desire to divert more water-from Little Butte Creek,the building of Wal-Mart and restaurants on the rim of the canyon at the entrance to Paradise,and plans by,Schuster Homes to build a 2100-home subdivision at the-base of Butte Creek Canyon.If you would like more information,please contact the Butte Creels Canyon Coalition at butte - pn cif" .fiat. net . Please help us keep our canyon rural and beautiful. Sincerely, Butte Creek Canyon Coalition P.O. Box 527 Chico,California 95927-0527 Please see the back of this letter for addresses and contact information to express your concerns.