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HomeMy WebLinkAboutM112283November 22, 1983 Call to order - Board of Supervisors Room, County Administration Center, 25 County Center Drive, Oroville. Present: Supervisors Fulton, Moseley, Saraceni, Wheeler and Chair Dolan; Martin J. Nichols, chief administrative officer; Del Siemsen, county counsel; and, R~bye Townsley, deputy clerk of the Board. Pledge of allegiance to the Flag of the United States of America. Invocation - Moment of silent prayer for tolerance as a memorial to the 2Qth anniversary of the assassination of John F. Kennedy. 83-954 Additional items to be addressed at the end of the day: 1. Report on meeting attended. - Supervisor Saraceni 2. Report on CSAC meeting. - Supervisor Wheeler 3. Discussion of a water issue. - Supervisor Wheeler 83-955 Item removed from the consent agenda for separate consideration: Purchase of vehicles - the Welfare Director submits information requesting authorization to purchase four automobiles at a cost of $24,000 with funding coming from proposed savings in transportation and travel expenses. Page 289 November 22, 1983 November 22,19.83 83-956 Consent Agenda 1. Approval of minutes - November 15, 1983. Action requested: APPROVE MINUTES. 2. Budget transfers. Action requested: APPROVED BUDGET TRANSFERS B-163, 8-64, B-65, B-68, B-69 AND B-70. 3. Assessor's Office proposed reorganization - the Assessor submits a request for an increase of six positions and salary adjustments for selected positions within the office. Action requested: REFER TO CHIEF ADMINISTRATIVE OFFICER FOR RECOMMENDATION. 4. Jack M. and Betty Hendershot - request for variance to X19-10 and/or §19-12 of the Butte County Code far placement of a mobile home on AP 27-10-002, 7415 Reservoir Road, Oroville area; zoning: A-5. Action requested: SET PUBLIC HEARING DATE FOR DECEMBER 13, 1983, AT 10:00 A.M, 5. Edward Correira - renewal of variance to X19-10 and/or §19-12 of the Butte County Code for placement of a mobile home on AP 72-14-23, 5175 Oro Bangor Highway, Oroville area; zoning: A-5. Action requested: APPROVE VARIANCE RENEWAL. 6. Horace Kimbrell - renewal of variance to X19-10 and/or X19-12 of the Butte County Code for placement of a mobile home on AP 72-08-10, 1881 Mt. Ida Road, Oroville area; zoning: A-2, Action requested: APPROVE VARIANCE RENEWAL. 7. Burldean Fiant - renewal of variance to X19-10 and/or X19-12 of the Butte County Code for placement of a mobile home on AP 34-07-114, 4619 Olive Highway, Oroville area; zoning: ARMH-3. Action requested: APPROVE VARIANCE RENEWAL. 8. Ernest Harris - renewal of variance to X19-10 and/or §19-12 of the Butte County Code for placement of a mobile home on AP 36-2-2-22, 4400 Lower Wyandotte Road, Oroville area; zoning: ARMH. Action requested: APPROVE VARIANCE RENEWAL. 9. Robert Hess - renewal of variance to X19-10 and/or §19T12 of the Butte County Code for placement of a mobile home on AP 40-46-15, 88 Honey Run Road, Chico area; zoning: FR-5. Action requested: APPROVE VARIANCE RENEWAL. Page 290 November 22, 1983 No~'ember 22', 1983 g3-g56 10. Wallace Wilcox - renewal of variance to ~I9-10 and/or (Cont'd) §1912 of the Butte County Code for placement of a mobile home on AP 28-19-95, 288 Mission Olive Road, Oroville area; zoning; A-5. Action requested: APPROVE VARIANCE RENEWAL. 11. Reappointment of Larry Tidwell (District 1) and Bernard Knapp (District 5) to the Butte County Mosquito Abatement District to serve until December 31, 1985. Action requested: MAKE APPOINTMENTS. 12. Appointment of Charles H. Manning, Jr., Ruth Leonard, and Steven D. Jones to the Durham Mosquito Abatement District to serve until December 31, 1985. Action requested: MAKE APPOINTMENTS. 13. Appointment of Robert H. Bremer as the Butte County repre- sentative to the North State Cooperative Library System Advisory Board. Action requested: MAKE APPOINTMENT. 14. Notice of completion - Keefer Road, Project No. 64141-8-1 (FAS Project No. RS-V360(1) and Skyway, Project No. 51261-83-1. Action requested: ACCEPT PROJECTS AND AUTHORIZE THE FILING OF NOTICES OF COMPLETION: 15. Parent Education Network (PEN) contract -- an agreement has been prepared with the Parent Education Network for public information and family counseling services in the amount of $72,638 for the period December 1, 1983, to November 30, 1984, and is part of the county's AB 1733 funding program. Action requested: APPROVE CONTRACT AND INSTRUCT THE CHAIR TO SIGN. 16. Family Service Association contract - an agreement has been prepared with the Family Service Association of Butte and Glenn Counties to provide services for the Child Sexual Abuse Prevention and Treatment Program in the amount of $13,631 covering the period December 1, 1983, through November 30, 1984, as part of the county's AB 1733 funding program. Action requested: APPROVE CONTRACT AND INSTRUCT THE CHAIR TO SIGN. 17. Railroad litigation - Counsel requests authorization to continue the retainer for Law Dffices of Howard, Rice, Nemorovski, Canady, Robertson and Falk to the recently Page 291 November 22, 1983 Nov:ember~ 22,'1983 83-956 filed complaint by Southern Pacific (C 83 4704 SW) and (Cant'd) anticipated filing by Western Pacific. Action requested: _. AUTHORIZE CONTINUATION OF RETAINER. 18. Recommendation from County Counsel on the James H. Caswell claim in the amount of $25,000 for alleged damages brought about by noise being emitted into his property by Sierra Pacific Millwork Division on Kuse1 Road (from 10/18/83). Action requested: REJECT CLAIM AS NOT BEING TIMELY FILED. 19. Claim - a claim has been submitted by Law Offices of Ivan O. B. Morse, on behalf of Marshall Jeffrey Myers, in the amount of $1,100,000 as a result of alleged damages brought about by an incident occurring on or about July 26, 1983. Action requested: REJECT CLAIM AS NOT BEING TIMELY FILED. MOTION: APPROVE CONSENT AGENDA. S M VOTE: l V 2 Y 3 y 4 y 5 Y (Unanimously carried) 83-957 Purchase of vehicles - the Welfare Director submits information (60) requesting authorization to purchase four automobiles at a cost of $24,000 with funding coming from proposed savings in transportation and travel expenses. (BOARD COMMITTEE TO REVIEW PROPOSAL AND REPORT BACK TO THE BOARD IN TWO WEEKS) Regular Agenda 83-958 Consideration of revising Library operating hours. (From 11/$/83). (137) MOTION: SET OPENINGS TUESDAYS THROUGH SATURDAYS AT THREE LARGE BRANCHES, BEGINNING JANUARY 3, 1984, WITH A THREE-MONTH SUNSET; TO BE REVIEWED AFTER TWO MONTHS SO REPORT CAN BE PRESENTED TO THE BOARD PRIOR TO THE THREE-MONTH SUNSET ELAPSING; ALLOW LIBRARIAN FLEXIBILITY FOR RECOMMENDING CHANGES TN EVENING HOURS. Page 292 November 22, 1983 November 22, 19$3 M S VOTE: l Y 2 ~' 3° 4° 5 y (Unanimously carried) (RESOLUTION SETTING NEW HOURS TO BE ADOPTED NOVEMBER 29, 1983) RECESS: 9:48 A.M. RECONVENE: 10:03 A.M. Public Hearings and Timed Items 83-959 Renaming of private road - Deception Lane (Deception River Road (1355) to end) to Lila Lane where the residents in the area have requested the name change. MOTION: ADOPT RESOLUTION 83-190 APPROVING ROAD NAME CHANGE. 5 M VOTE: l V 2 V 3 v 4 v 5 ~ (Unanimously carried) $3-960 Bachman & Associates -- on behalf of Dennis Strothman, request (1422) to remove a condition noted on the map of the Lorna Heights Subdivision which affects the tentative parcel map far AP 47- 35-03, four parcels on the east side of Garner Lane, half way between Highway 99 and Keefer Road, north Chico area. Bachman & Associates - on behalf of Joe Wagner -- request to remove a condition noted on the map of the Lorna Heights Subdivision which affects the tentative parcel map for AP 47- 35-05, two parcels, approximately 1100 feet east of Garner Lane, on the north side of Dusty Lane, north Chico area. MOTION: REMOVE THE CONDITION WHICH STATES "NO FURTHER SUBDIVI- SIONS OF THESE PARCELS"_ON BOTH MAPS BECAUSE OF CHANGES IN THE SUBDIVISION ORDINANCE, S M VOTE: l V 2 y 3 y 4 Y 5 V (Unanimously carried) Page 293 November 22, 1983 November 22, 1983 83--961 Continued hearing - Bachman & Associates - on behalf of Joe (1584.) Wagner - appeal of the Advisory Agency's decision to deny the tentative parcel map for AP 47-35-05, two parcels, approximately 1100 feet east of Garner Lane, on the north side of Dusty Lane, north Chico area. (From 11/1/83) MOTION: VOTE: FINDING THAT THE PROJECT CONFORMS TO THE BUTTE COUNT'S GENERAL PLAN AND THAT THERE IS NO IMPACT ON THE ENVIRON- MENT I MOVE TO ADOPT THE NEGATIVE DECLARATION OF ENVIRON- MENTAL IMPACT AS RECOMMENDED AND FURTHER REMOVING THE CONDITION NOTED ON THE MAP PERTAINING TO NO FURTHER DIVISION OF THESE PARCELS DUE TO CHANGES IN THE SUB- DIVISION MAP ACT; AND APPROVE THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL AS NOTED IN THE MEMO DATED SEPTEMBER 15, 1983, FROM PUBLIC WORKS DEPARTMENT. M S 1 '~. 2~ 3 "_' 4 y 5 `J (Unanimously carried) ' Regular Agenda 83-962 Consideration of the releasing of a mobile home installation (1665) permit for Sulvester Bazilius on the west side of Autrey Lane (old V-C Road), Oroville, identified as AP 36-074-10. (Supervisor Saraceni) (From 11/15/83) MOTION: PERMIT BE RELEASED WITH THE FINDING THAT THE USE HAD PREVTOUSLy BEEN ESTABLISHED. M S VOTE: 1 Y 2 N 3 v 4 V 5 V (Unanimously carried) Public Hearings and Timed -items 83-963 NorthStar Engineering - on behalf of William F. Davis appeal the Planning Commission's denial of a rezone (item on which a negative declaration of environmental impact has been recommended) from A-5 to SR-1 on property located on the Page 294 November 22, 1983 November 22, 1'9'83 north side of Cummings Lane, 443 feet west of Lott Road, identified as AP 40-16-46, 51, 52, and 67, Durham area. MOTION: I FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE DECLARATION; AND FIND THAT THE PROPOSED REZONE MEETS THE REQUIREMENTS OF THE GENERAL PLAN AGRICULTURAL- RESIDENTIAL DEVELOPMENT CRITERIA; AND ADOPT ORDINANCE 23$1 REZONING AP 40-16-46, 51, 52 AND 67 FROM A-5 TO SR-1 (DAM S, et al); AND FIND THAT THE GENERAL PLAN DESIGNATION OF THE SUGGESTED PROPERTIES IS ORCHARD AND FIELD CROPS, FIVE ACRE MINIMUMS. WHILE IT IS DIFFICULT TO RECOMMEND A REZONE WHICH IS INCOMPATIBLE WITH THE GENERAL PLAN IT APPEARS THAT ORCHARD AND FIELD CROPS MAC' NOT BE A SUITABLE GENERAL PLAN DESIGN FOR LOTT ROAD. THE PROP05ED REZONE I5 REASONABLE ON THE BASIS OF LOT SIZE, SURRQUNDING PARCEL SIZE, ZONING AND LOCATION. S M VOTE: l~ 2 N 3 V 4° 5 v (Motion carried) 83964 John E. McAmis - late appeal to a tentative subdivision map (2352) (item on which a negative declaration of environmental impact has been adopted), appealing Condition 11 as stated on the conditions of approval which reads, "meet the requirements of the Butte County Fire Department," AP 40-4©-36 and 37, creating six parcels on the northeasterly side of Southgate Lane, Chico area. (From 10/25/83) (HEARING VACATED AT THE REQUEST OF THE APPELANT.) RECESS: 10:31 A.M. RECONVENE: 10:45 A.M. Regular-Agenda 83-965 Report and recommendation from ~.he Butte County Planning Commission (2380) acting as the Airport Land Use Commission, to consider representa- tion of the City of Chico and Oraville as members. Page 295 November 22, 1.983 November 22, 1983 MGTION: ADD REPRESENTATIVES FROM CHICO AND OROVILLE TO AIRPORT LAND USE COMMISSION. ___ M VOTE : 1 2 3 4 5 (MOTION WITHDRAWN. REFERRED BACK TO THE PLANNING COMMISSION FOR MORE SPECIFIC INFORMATION; I.E., WHETHER REPRESENTATIVES WOULD BE PARTICIPATING QR VOTING MEMBERS.) 83--966 Report from the Land Development Commission concerning the (2755) Housing Element of the General Plan, the Comprehensive Zoning Ordinance No. 1750, and the Subdivision Ordinance, Butte County ** Cade Chapter 20 which is presently under adoption as revised. 00 (From 11/1/83) (SUPERVISORS DOLAN AND WHEELER TO ATTEND LAND DEVELOPNIENT COMMISSION MEETING ON NOVEMBER 28, AND REPORT BACK TO THE BOARD ON NOVEMBER 29, 19$3, AT 2:30 P.~1.) Public Hearings 'and Timed Items 83-967 Recognition of persons wishing to speak: (113) 1. Ben Woodson -- requesting a proclamation in memory of JFK. 2. Louis Camenzind, Jr. - regarding various land use issues. 3. Art Gillman - reminding Board of still existing flooding problems. 83-96$ Communications (374) 1. City of Oroville, et a1 - several letters have been received supporting the application to open a rock quarry in the Coal Canyon area by Green Rock Quarrier which is presently under environmental review. Letters received to date are from the City of Oroville, Ted Runge, Tri Valley Tractors, Tnc., Fred T. Huntington, Omark Industries, and Simpco Lands. (INFORMATION.) Page 296 November 22, 1983 Noyem~b~er~ 22, 1983 2. Mr, and Mrs. I. Brustein, Santa Monica - write concerning the evaluation placed-upon their property and circumstances concerning ownership for AP 71-04-08. (REFERRED TO ASSESSOR.) 3. Bachman & Associates - write requesting the Board set a public hearing date on the matter Jahn Shelton and William St. Clair - amendment to Ravenwood PAC (planned area cluster) item on which there are supplements to a previously certified environmental impact report, rezone from SR-1 (suburban residential one acre parcels) to PAC to allow the installa- tion of a package sewer treatment plant utilizing spray irrigation of waste water for eucalyptus trees to be planted over the remainder of the 75 acres, AP 44-04-100 and 101, Chico area. (PUBLIC HEARING SET FOR DECEMBER 13, 1983, AT 10:30 A.M. 4. Paul E, and Cecilia J. Neil, Chico - submit a request for refund in the amount of $1,575 paid to Butte County on August 13, 1981, for future fire hydrants as a condition on AP 42-07-02. (REFERRED TO FIRE CHIEF FOR MORE INFORMATION.) 5. R.F.C. Surveyors, Inc., Chico - on behalf of Dick Chappell, writes requesting an opportunity to discuss the parcel map application matter which has expired. (MATTER RESOLVED. SEE ADDITIONAL COMMUNICATIONAL ITEM - #10) 6. Greater Chico Chamber of Commerce - Jim Lynch, general manager, writes indicating the Chamber is setting forth $2,500 to be matched with Private Industry Council funds in covering the expenses of a consultant generated economic development strategy and marketing plan. (LETTER TO BE SENT THANKING CHAMBER OF COMMERCE.) 7. Opal M. Finklein, Oroville ~ writes asking that the Board consider adapting a noise ordinance brought about by noise emanating from Sierra Pacific Millwork on Kusel Road. (INFORMATION.) 8. Senator Ray Johnson - forwards his endorsement of the Citizens for Better Public Safety through Court Reform proposed initiative. (INFORMATION. 9. State Office of Emergency Services - forwards information for requesting disaster assistance as changed by Public Law 93-288. (INFORMATION.) Page 297 November 22, 1983 November"22, 1983 10, Additional communications: R.F.C. Surveyors writes informing the Board that the Dick Chappell parcel map matter had been resolved. (COMMUNICATIONS ITEM #5 ABOVE) Public Hearings and Timed Items CLOSED SESSION: The Board recessed at 11:15 a.m. for a closed session on General Assistance Fair Hearing, Case No. 04-91-51732, and General Assistance Fair Hearing, Case No. 04-91-47275. RECONVENE: The Board reconvened at 11:44 following a closed session, (SEE FOLLOWING MINUTE ORDER) 83-959 Report on closed session:- FAIR HEARING CASE NO. 04-91-47275 (469) WAS CONTINUED TO NOVEMBER 29 AT 11:30 A.M. THE APPELLAI~IT FAILED TO APPEAR FOR FAIR HEARING, CASE N0. 94-9I-51732. MOTION; DENS APPEAL ON CASE N0. 94-91-51732, M S VOTE: 1 ~' 2 ~' 3 Y 4 Y 5 V (Unanimously carried) RECESS: 11:45 RECONVENE: 11:47 Announcement by Chair Dolan that the appell_an-t for Fair Hearing Case No. 94-91-51732 was in the Board room at the appropriate time. MOTION: RESCIND PRIOR MOTION. M S VOTE: 1 V 2 v 3 ~ 4 ~ 5 Y (Unanimously carried) CLOSED SESSION: The Board recessed at 11:4$ a.m. for the Fair Hearing, Case No. 94-91-51732. Page 298 November 22, 1983 Nov'.ember 22, 1.983 RECONVENE: The Board reconvened.at 11:53 a.m. following the Fair Hearing. (HEARING CONTINUED TO NOVEMBER 29, 1983, -- AT 11:00 A.M. ) RECESS: 11:54 A.M. RECONVENE: 2:03 P.M. $3-970 Continued hearing - Midway Orchards - withdrawal from California (536) Land Conservation Act-(item on which a draft environmental impact report has been prepared) for 110 acres located on the east side of the Midway at its intersection with Mary Bi1I Ranch Road, between Entler Avenue and Oroville Chico Highway, south of Chico, identified as AP 40-02-116. (From 11/1/83) RECESS: 2:37 P.M. RECONVENE: 2:39 P.M. RECESS: 3:20 P.M. RECONVENE: 3:35 P.M. MOTION: ALLOW RECESS TN ORDER TO FORMULATE MOTION. S M VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion carried) RECESS: 4:30 P.M. RECONVENE: 4:55 P.M. MOTION: CERTIFY THAT THE FINAL ENVIRONMENTAL IMPACT REPORT HAS BEEN COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALTTtij ACT, THE STATE EIR GUIDELINES AND THE BUTTE COUNTY ENVIRONMENTAL REVIEW GUIDELINES. THE FINAL EIR INCLUDES THE CONTENTS OF THE DRAFT ENVIRONMENTAL IMPACT REPORT, THE COMMENTS RECEIVED THEREON AND THE RESPONSES TO THOSE COMMENTS. FURTHER Page 299 November 22, 1983 November 22, 1983 FINDING THAT NO COMMENTS WERE RECEIVED TODAY REGARDING THE ENVIRONMENT THAT HAVE NOT ALREADY BEEN DISCUSSED IN THE RESPONSES CONTAINED IN THIS FINAL EIR. BASED ON THE INFORMATION PRESENTED TO US CONCERNING THIS PROJECT, INCLUDING THE ENVIRONMENTAL IMPACT REPORT WHICH WAS CONSIDERED IN ARRIVING AT A DECISION, T MOVE WE FIND THAT THE PROJECT MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND THIS SIGNIFICANT EFFECT CAN BE REDUCED BUT NOT ELIMINATED BY THE ADOPTION OF THE MITIGATION MEASURES APPLICABLE TO SUBSEQUENT RESI- DENTIAL DEVELOPMENT ON THE PROPERTY, THE SIGNIGICANT IMPACTS WHICH CANNOT BE AVOIDED IF THE PROJECT T5 IMPLEMENTED ARE LISTED ON PAGE 36 OF THE EIR. MITIGA- TION MEASURES TO REDUCE THESE IMPACTS ARE DISCUSSED ON PAGES 8 TO 27 OF THE EIR. 1. STORM WATER RUNOFF WILL INCREASE. SUBSEQUENT DEVELOPMENT WILL INCLUDE AN OVERALL DRAINAGE PLAN TO CONTROL STORM WATER RUNOFF. GRADING OF THE PROPERTY TO DIRECT DRAINAGE TO THE LANDSCAPED AREAS IS ONE MEANS THAT WILL BE UTILIZED TO ENHANCE PERCOLATION AND REDUCE RUNOFF FROM THE SITE. 2. AREA TRAFFIC AND TRAFFIC-RELATED NOISE AND AIR POLLUTION WOULD INCREASE. MITIGATION MEASURES FOR THESE FACTORS ARE DISCUSSED ON PAGES 14, 22 AND 23 OF THE EIR. CONSTRUCTION OF A LEFT TURN LANE, AT THE INTERSECTION OF MARYBILL RANCH ROAD AND THE MIDWAY WILL BE REQUIRED AS A CONDITION OF RESIDENTIAL DEVELOPMENT ON THE SITE. WARNING SIGNS WILL BE REQUIRED AT THE RAILROAD CROSSING OF THE ACCESS ROAD AND AN AUTOMATIC WARNING DEVICE CONSIDERED FOR INSTALLATION. DUST CON- TROL METHODS ARE PROPOSED TO ALLEVIATE ATR QUALITY IMPACTS DURING SHORT-TERM CONSTRUCTION PERIODS. NOISE FROM VEHICULAR TRAFFIC ON THE MIDWAY OR FROM PASSING TRAINS ON THE SACRAMENTO NORTHERN RAILROAD WILL BE MITIGATED BY THE MINIMUM SETBACK OF 200 FEET ALONG THE WESTERN BOUNDARY. 3. APPROXIMATELY 110 ACRES ON LAND WILL BE REMOVED FROM AGRICULTURAL PRODUCTION. OVERRIDING CONSIDERATIONS PROPOSED TO ADDRESS THIS FACTOR. Page 300 November 22, 1983 No~'e~nber 22, 1983 4. A POTENTIALLY CONFLICTING LAND USE WILL BE INTRODUCED INTO AN AGRICULTURAL AREA. THE ADVERSE IMPACT WILL BE REDUCED CONSIDERABLY BY THE 200 FOOT MINIMUM BUILDING SETBACK FROM THE PROPERT° LINES. THIS SETBACK WILL BE A BENEFIT FOR MAKING THE PROJECT COMPATIBLE WITH ADJA- CENT AGRICULTURAL, RESIDENTIAL AND INDUSTRIAL-USES. AS STATED UNDER THE INDUSTRIAL SITE DESIGNATION CRITERIA IN THE LAND USE ELEMENT, IT IS NOT DESIRABLE TO LOCATE RESIDENTIAL USES IMMEDIATELY ADJACENT TO INDUSTRIAL USES; THEREFORE, THE BUFFER CREATED BY THE BUILDING SETBACK WILL MEET THIS SITE DESIGNATION CRITERIA. 5. DEMAND FOR PUBLIC SERVICES AND UTILITIES WILL INCREASE. SUCH SERVICES ARE AVAILABLE IN THIS VICINITY AND CAN BE EXPANDED. 6. ENERGY CONSUMPTION WOULD INCREASE. FUTHER FINDING THAT THE VARIOUS ALTERNATIVES LISTED ON PAGE 38 AND 39 ARE BEING REJECTED FOR THE FOLLOWING REASONS: 1. NO PROJECT ALTERNATIVE. WHILE THE PROPERTY HAS BEEN SHOWN TO BE INFEASIBLE AS AN ALMOND ORCHARD ON A COMMERCIAL BASIS. 2. LOWER DENSITY ALTERNATIVE, WHILE THE PROPERTY WOULD BE MATNTAZNED IN AGRICULTURE TO A DEGREE, 10 ACRE PARCELS ARE NOT DESIRABLE FOR AGRICULTURAL MAINTENANCE. 3. HIGHER DENSITY ALTERNATIVE, GREATER ENVIRONMENTAL IMPACTS WOULD OCCUR BY DOUBLING THE DENSSTY VERSUS THE PROPOSAL FOR 110 DWELLING UNITS IN A CLUSTER ARRANGEMENT. 4. LIGHT INDUSTRIAL ALTERNATIVE. THE REASON WOULD BE THE SAME AS FOR THE HIGHER DENSITY ALTERNATIVE IN THAT ENVIRONMENTAL IMPACTS WOULD BE GREATER THAN FOR THE CONCEPTUAL PROJECT OF 110 CLUSTERED DWELLING UNITS. HAVING FOUND THE ABOVE, T FURTHER MOVE TO APPROVE THE CANCELLATION OF THE LCA AGREEMENT FOR AP 40--02-115 ALTHOUGH SOME OF THE SIGNIFICANT ENVIRONMENTAL IMPACTS CANNOT BE ELIMINATED B" REDESIGN OR ADOPTION OF MITT- GATTON MEASURES. OVERRIDING CONSIDERATIONS ARE: Page 301 Noverr~ber 2 2 , 19 8 3 November 22, 1983 1. THE SUBSEQUENT RESIDENTIAL PROJECT WOULD PROVIDE POTENTIAL HOUSING FOR EMPLO;'EES OF INDUSTRIAL BUSINESSES IN THE SOUTH CHICO AREA. SUCH HOUSING WOULD BE AN ADVANTAGE IN THAT bdORKERS WOULD BE CLOSE TO THEIR PLACE OF EMPLOYMENT, REDUCING CROSS-TOWN TRAFFIC. 2, SHORT-TERM BENEFITS WOULD OCCUR DURING CONSTRUCTION PERIODS WHICH WILL BOOST THE LOCAL ECONOMY. 3, THE PROJECT HAS THE POTENTIAL TO IMPROVE THE QUALITY OF GROUNDWATER IN THE AREA BY REMOVING FARM ACTIVITIES WHICH CONTRIBUTE ORGANIC AND NON-ORGANIC CONSTITUENTS INTO THE GROUNDWATER, SO THAT CONTAMINANTS WILL BE REDUCED. WITH REGARD TO THE FINDINGS NECESSARY FOR CANCELLATION OF THE LCA AGREEMENT UNDER THE WINDOW PROVISION (AB2074), I FIND THAT THE CANCELLATION AND ALTERNATIVE USE WILL NOT RESULT IN A DISCONTTGUOUS PATTERN OF URBAN DEVELOPMENT. THE PROJECT SITE IS CONTIGUOUS AT THE NORTHEAST CORNER WITH AN AREA ZONED M-2. (HEAVY INDUSTRIAL) SINCE NOVEMBER 28, 1972. THE PROPOSED SOUTHGATE INDUSTRIAL SUBDIVISION UNIT 2 IS TO INCLUDE A DRAINAGE DETENTION BASIN WITH PIPELINE BORDERING 1/3 MILE OF THE EASTERN BOUNDARY OF THE MIDWAY ORCHARD SITE. THE PROJECT IS FOUND TO BE CONTIGUOUS PER THE ADOPTED BOARD DEFINITION WHICH READS, "CONSISTENT WITH DEVELOPMENT OF AREA OR NEIGHBORHOOD NOT RESULTING TN DISCONTIGUOUS PATTERNS OF URBAN DEVELOPMENT." SECONDLYr I FIND THAT THE ALTERNATIVE USE IS CONSISTENT WITH THE APPLICABLE PROVISIONS OF THE COUNTY GENERAL PLAN IN EFFECT ON OCTOBER 1, 1982. THE LAND USE MAP DESIGNATION AT THE TIME WAS LOW DENSITY RESIDENTIAL, 1 TO 4 DWELLING UNITS PER ACRE. THE CONCEPTUAL DEVELOPMENT FLAN IS FOR A DENSITY OF 1 DWELLING UNIT PER ACRE WHICH WOULD CONFORM TO THE SITE DESIGNATION CRITERIA FOR LOW-DENSITY RESIDENTIAL INCLUDED IN THE LAND USE ELEMENT AS REVISED TN OCTOBER, 1979. FURTHER NOTING THAT THE CONCEPTUAL DESIGN WITH 110 CLUSTERED DWELLING UNITS PROVIDES A 200 FOOT MINIMUM BUFFER WITH SURROUND- ING LANDS, INCLUDING INDUSTRIAL LAND TO THE EAST AND NORTHEAST, THIS DESIGN TS BETTER THAN A CONVENTIONAL SUBDIVISION (SUCH AS THE 201 LOT PROPOSAL IN 1978 FOR THIS SITE) AND WOULD CONFORM TO THE SITE DESIGNATION CRITERIA FOR .INDUSTRIAL LAND USES THAT A BUFFER AREA Page 302 November 22, 1983 November 22', 1983 BE PROVIDED BETWEEN RESTDENTTAL AND INDUSTRIAL USES. ALSO, A POLICY UNDER RESOURCE MANAGEMENT FOR AGRICULTURE AND CROP LAND (PAGE 30 OF THE LAND-USE ELEMENT AS REVISED OCTOBER 30, 1979) STATES THAT RURAL RESIDENTIAL DEVELOPMENT SHOULD BE ALLOWED AS A BUFFER BETWEEN URBAN DEVELOPMENT AND INTENSIVE CROPLAND. THIS CONCEPTUAL RESTDENTTAL DEVELOPMENT PLAN CONFORMS TO THIS POLICY. WITHDRAWAL OF THE PROPERTY FROM THE LAND CONSERVATION ACT IS SUBJECT TO CANCELLATION FEES IN THE AMOUNT TO BE PROVIDED BY THE ASSESSOR. THESE FEES ARE TO BE PAID PRIOR TO ANY SUBSEQUENT DISCRETIONARY ACTION BY THE COUNTY OF BUTTE RELATING TO THE PROPERTY. PRIOR TO FILING THE CERTIFICATE OF CANCELLATION, THE FOLLOWING CONDITIONS, PERTAINING TO THE 110 ACRES IDENTIFIED AS AP ~0-02-116, MUST BE MET: 1. GENERAL PLAN AMENDMENT 2. REZONE 3. SUBDIVISION MAP. S M VOTE: l Y 2 N 3 N 4 Y 5 N (Motion failed) MOTION: CONTINUE IN A CLOSED POSTURE TO DECEMBER 13, 19$3, TO FINALIZE AT THAT TIME; INSTUCT STAFF TQ WRITE FOR THE ATTORNEY GENERAL'S OPINION ON SUBSECTION F(2) . M VOTE: 1 2 3 4 5 (Motion dies for lack of a second} MOTION: DENY THE WITHDRAWAL. S VOTE: 1 N 2 Y 3 N 4 N Page 303 M 5 Y (Motion failed) November 22, 19$3 November' 22, 1'9'83 MOTION: CONTINUE TO DECEMBER 13, SEEKING ATTORNEY GENERAL'S ___ INTERPRETATION OF SUBSECTION F(2). S M VOTE: I N 2 Y 3 Y 4 N 5 N (Motion failed) RECESS: The meeting was recessed at 5:20 p.m. to reconvene at 7:30 at Shasta Elementary School. RECONVENE: 7:30 p.m., Shasta Elementary School 83-971 Butte County Board of Supervisors consideration of an amendment to the Land Use Element of the Butte County General Plan pursuant to Government Code X65356.1 The proposed amendment is to revise zoning policies applicable to the Chico Area Lane Use Plan, specifically, §G (page 73 of the LUE) , items a) 1) . (From 10/18/83) Butte County Board of Supervisors - amendment to the Chico Area Land Use Plan Greenline Policy - Study Area No. 1 for the Be11- Muir area - File 83-37. (From 10/18/83) (HEARING CONTINUED OPEN TO DECEMBER 13, 1983, AT 11:00 A.M.) ADJOURNMENT: There being nothing further before the Board at this time the meeting. was adjourned at 10:00 p.m. r, ATTEST: MARTIN J. Chi mi CZ rl ~ f - CHO stra~j i e fficer and ra of supervisors age 304 November 22, 1983