HomeMy WebLinkAboutM120198MINUTES
December 1, 1998
R, J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE H~UX 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Beeler, Dolan, Houx, Josiassen, and Chair
Davis. Also present: Starlyn S. Brown, Assistant Chief
Administrative Officer; Susan Minasian, County Counsel; and
Marion Reeves, Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Pastor Dave Hayes, Magalia Community Church,
Magalia.
Consent Agenda
98-349 1. Approval of Minutes - action requested -APPROVE MINUTES
OF OCTOBER 27, 1998, AND NOVEMBER 5, 1998.
2. Budget Transfers - actinn requested - APPROVE
BUDGET TRANSFERS B-094 (EIR Trust Fund [4/5 vote
required]), B-093 (Welfare), B-086 (Library [4/5 vote
required]}, B-085 (Development Services [4/5 vote
required]).
3. County Service Area (CSA) Charges - several CSAs have
fee schedules which do not cover the cost of services
provided. Under Proposition 218, a protest hearing must
be held prior to the increase of any service charge
within a CSA. Board approval is requested to set a
public hearing for January 26, 1999, at 10:00 a.m., to
consider the increase of service charges within specified
County Service Areas - action requested - ADOPT
RESOLUTION 98169 DIRECTING COMMENCEMENT OF PROCEDURES TO
IMPOSE A NEW AND/OR INCREASED ANNUAL SERVICE CHARGE IN
SPECIFIED COUNTY SERVICE AREAS AND SETTING A PUBLIC
HEARING TO CONSIDER SUCH CHARGES FOR JANUARY 26, 1999, AT
10:00 A.M.
Page 367 December 1, 1998
December 1. 1998
98-399 4. County Library Donations - in accordance with Government
Code Section 25355, donations of $2,047.38 from Oroviile
Friends of the Library; $2,000 from Friends of the
Library, a]~idley Branchf and $250 from Barbara Bush
Zontek, Oroviile, have been received for the Butte County
Trust Fund for the purchase of books - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
5. Southside Oroville Community Center Donation - in
accordance with Government Code Section 25355, a donation
of $2,000 has been received from the Southside Oroville
Community Center Executive Committee for the construction
of the Southside Oroville Community Center - action
requested - ACCEPT. DONATION AND AUTHORIZE A LETTER OF
APPRECIATION.
6. Chico Memorial Hall Committee - action requested -
REAPPOINT CHUCK WITTEN, VFW DELEGATE; ROY NORBY, VFW
ALTERNATE; JAMES GARD, NAVAL SEA CADETS DELEGATE; ROBERT
DODDS, AMERICAN LEGION DELEGATE; AND V.H. "VARY"
VARTABEDIAN, AMERICAN LEGION ALTERNATE TO TERMS fi0 EXPIRE
JUNE 30, 1999; AND APPOINT NORMAN COLE, VFW DELEGATE;
JACK KOHLBUSCH, DAV DELEGATE; AND KEN MANTLE, DAV
ALTERNATE TO TERMS TO EXPIRE JUNE 30, 1999.
7. Oroville Mosquito Abatement District - action requested - y-
REAPPOINT STAN STARKEY AND N.F. "BUSS" ROBERTS TO TERMS
TO EXPIRE DECEMBER 31, 2DOD.
8. Durham Mosquito Abatement District -- action requested -
REAPPOINT ALBERT AMATOR AND WILLIAM M. DEMPSEY TO TERMS
TO EXPIRE DECEMBER 31, 2002.
9. Behavioral Health - Board authorization is requested for
the purchase of an Uninterruptible Power Supply (UPS)
system in the amount of $].7,940.48 (department budget) to
ensure a stable and dependable power source to the Butte
County Department of Behavioral Health-Administrative
Support Division - action requested - APPROVE PURCHASE OF
A FIXED ASSET ITEM.
i0. Fire Department - Board authorization is requested by the
Fire Department for the purchase of six Hewlett Packard
Heartsteam Forerunner Automated External Defibrillators.
The Emergency Services Foundation has awarded a grant in
the amount of $13,476 toward the purchase price of the
equipment. The remaining $4,500 will be paid by the
County (department budget) - action requested - APPROVE
BUDGET TRANSFER B-095 ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE; AND APPROVE THE PURCHASE OF FIXED
ASSET ITEMS.
Page 368 December 1, 1998
December 1, 1998
98-349 11. Fire Department - Board authorization is requested for
the purchase of a four-wheel drive fire engine for the
Upper Ridge Fire Station #33 in the amount of $258,580.
The fiscal year 1998-99 final budget approved the
purchase of one fire engine in the amount of $250,000,
and a budget transfer of $8,580 (department budget} is
requested to complete the necessary funding - action
requested - AFFIRM AWARD OF BID NO. 61-9B TO WESTATES
TRUCK EQUIPMENT, INC., OF WOODLAND (1-27-98}; APPROVE
BUDGET TRANSFER B-087; AND APPROVE THE PURCHASE OF A
FIXED ASSET ITEM.
12. Monthly Investment Report - the Treasurer-Tax Collector
submits the October 3a, 1998, report in accordance with
the Butte County Statement of Investment Policy dated
July 1, 1998 - action requested - ACCEPT FOR INFORMATION.
13. Adoption of a salary ordinance amendment - the Butte
County Consolidated Court has requested the Personnel
Department prepare a salary ordinance amendment extending
a term position of Court Services Coordinator II to
April 1, 1999 - action requested -- ADOPT ORDINANCE 3459
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-10-9B}
14. Adoption of a salary ordinance amendment - the Butte
County Consolidated Court has requested the Personnel
Department prepare a salary ordinance amendment
implementing the following changes: adds one position of
Information Systems Technician III/II/I - Courts; and
flexibly staffs one position of Information Systems
Technician II/I to Information Systems Technician
III/II/I, and one position of Information Systems Analyst
TI/I to Information Systems Analyst III/II/I - action
requested - ADOPT ORDINANCE 3460 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 11-10-98}
15. Adoption of a salary ordinance amendment - the Chief
Probation Officer has requested the Personnel Department
prepare a salary ordinance amendment which increases a
half-time term position of Office Assistant II to a
three-quarter time term position - action requested -
ADOPT ORDINANCE 3461 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 11-10-98}
16. Introduction of a salary ordinance amendment - the
Administrative Office has requested the Personnel
Department prepare a salary ordinance amendment which
would extend the term position of an Assistant Clerk of
the Board II to May 1, 1999 - action requested - WAIVE
READING OF THE ORDINANCE.
Page 369 December 1, 1998
December 1, 1998
98-349
1'1. Introduction of a salary ordinance amendment - the
Director-Behavioral Health has requested the Personnel
Department prepare a salary ordinance amendment which
would change the classification titles, hourly rates, and
Board eligible/certified distinction for extra help
Mental Health Clinic Psychiatrist as follows: Staff
Psychiatrist - $75.00 per hour; Senior Psychiatrist -
$80.00 per hour (defined as either being Board Certified
or having 5 years experience as a Staff. Psychiatrist) -
action requested - WAIVE READING OF THE ORDINANCE.
18. Introduction of a salary ordinance amendment - as
recommended in the fiscal year 1998-99 final budget, the
District Attorney has requested the Personnel Department
prepare a salary ordinance amendment which would add one
Deputy District Attorney IV/III/II/I position to the
District Attorney-Criminal Division - action requested -
WAIVE READING OF THE ORDINANCE.
19. Introduction of a salary ordinance amendment - as
recommended in the fiscal year 1998-99 final budget, the
Chief Probation Officer has requested the Personnel
Department prepare a salary ordinance amendment which
would add one Probation Officer III/II/I position to the
Probation Department - action requested - WAIVE READING
OF THE ORDINANCE.
20. Ca1WORKs Evaluation
Department of Social
County was selected
Ca1WORKs Evaluation Pry
that project, Board
following actions:
Project - in March 1998, the
Welfare was notified that Butte
to participate in a statewide
eject. In response to the needs of
approval is requested on the
A. APPROVE BUDGET TRANSFER B-091 ACCEPTING AND
APPROPRiATTNG $64,fl63 IN UNANTICIPATED CALWORKS
REVENUE (4/5 vote required);
B. APPROVE PURCHASE OF A i,APTOP COMPUTER IN THE AMOUNT
OF $3,500 (department budget); AND,
C. Introduction of a salary ordinance amendment which
implements staff changes~in support of the CaIWORKs
Evaluation Project - deletes the following
positions: 1 term position of Welfare Program
Manager (term to end 12-31-98); 1 term position
of Welfare Staff Analyst (term to end 12-31-98); 1
term position of Staff Services Systems Specialist
(term to end 12-31-98); and 1 term position of
Office Assistant III/II/I (term to end 12-31-98);
and adds the following position: 1 position of
Welfare Staff Analyst - action requested - WAIVE
READING OF THE ORDINANCE.
Page 370 December 1, 1998
December 1, 1998
98-349 21. Speed zone ordinance on various County roads - proposed
is an ordinance which will establish speed limits on
various roads within the County of Butte (pursuant to
Vehicle Code Section 22358) - action requested - WAIVE
READING OF THE AMENDED ORDINANCE. (FROM 10-27-98)
22. Bruno and Hawkins - Board approval is requested by the
Administrative Office for an agreement with Bruno and
Hawkins for the provision of architectural services for
the Southside Oroville Community Center. The agreement
has a maximum amount of $155,000, which represents 7.75
of the estimated construction cost of $2 million. Should
the cost of construction be less than $2 million, the
amount of the agreement will be reduced accordingly. All
costs are covered by grant funds received specifically
for this project - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11105)
23. Colusa County Behavioral Health - Board approval is
requested by the Butte County Department of Behavioral
Health (BCDBH) for a revenue agreement with Golusa County
Behavioral Health for the provision of "Acute Psychiatric
Inpatient" care to residents of Colusa County. The term
of the agreement is July 1, 1998, through June 30, 1999,
with a maximum amount payable to Butte County of
$10,000 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. 840103)
29. Enloe Hospital - Touchstone Program - Board approval is
requested by the Butte County Department of Behavioral
Health (BCDBH) for an agreement with Enloe Hospital for
the provision of perinatal case management services. The
term of the agreement is July 1, 1998, through
June 30, 1999, with a maximum amount not to exceed
$903,195.20 (Perinatal Treatment Expansion Program
[PTEP]/State General Funds) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
25. Work Training Center, Inc. - Do-It Leisure - Day
Rehabilitation Program - Board approval is requested by
the Butte County Department of Behavioral Health (BCDBH)
for an agreement with the Work Training Center, Inc., for
the provision of day rehabilitative programs to clients
of BCDBH. The term of the agreement is July 1, 1998,
through June 30, 1999, with a maximum amount not to
exceed $53,773 (Realignment/Federal Financial
Participation [FFP]) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 371 December 1, 1998
December 1, 1998 ,
98-349 26. Work Training Center, Inc. - Do-It Leisure - ^~-
Socialization and Recreational Services - Board approval
is requested by the Butte County Department of Behavioral
Health (BCDBH) for an agreement with the Work Training
Center, Inc., for the ,provision of socialization and
rehabilitation programs to clients of BCDBH. The term of
the agreement is July 1, 1998, through June 30, 1999,
with a maximum amount not to-exceed $127,290 (Substance
Abuse and Mental Health Services Administration Black
Grant/Realignment/Vehicle ~Zicense Fees/department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. -{Contract No. X11062)
27. United Behavioral Health - Berard approval is requested by
the Butte County Department of Behavioral Health (BCDBH)
for an agreement with United Behavioral. Health for the
provision of software maintenance, support and
enhancement to the current BCDBH computer system. The
term of the agreement is July 1, -1998, through
June 30, 1999, with a maximum amount of $92,705.44
(Realignment/State General Funds) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11050)
28. U.S. Systems, Inc. - Board .approval is requested by the
Sheriff's Office for an amendment to the agreement with
U.S. Systems, Inc., for the provision of preventative and ~.
corrective maintenance services for the security systems
at the Butte Gounty Jail. The term of the amendment is
October 1, 1998, through October 1, 1999, in the maximum
amount of $24,990 (department budget),. - action
requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X10249) .
29. Private Industry Council, Inc. ---Board approval is
requested by the Department of Sacial Welfare for an
amendment to the sublease agreement wit3~• the Private
Industry Council, Inc., for the property located at 2445
Carmichael Drive, Chico, which is utilized b~ the Butte
Community Employment Center. The amendment provides for
the assignment of 85$ of the outside maintenance expenses
for landscaping and parking lot maintenance to the
Caunty - action requested - APPROVE AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJEGT•TO APPROVAL OF GQUNTX
COUNSEL AND THE AUDITOR-CONTROLLER: (Contract No.
X10523)
30. Q Street, Ltd. - 873 Mitchell Avenue - Board approval is
requested by the Department of Social. Welfare for an
amendment to the lease agreement with Q Street, Ltd.,
for the property located at 873 Mitchell Avenue,
Oroville, which will be utilized for the Social Welfare
Employment Training Program. The amendment extends the
term- of the agreement to September 30., 1999 - action
requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL .AND THE
AUDITOR-CONTROLLER. (Contract Na. X10024)
Page 372 December 1, 1998
December 1. 1998
98-399 31. Butte County Library Closure - Board approval is
requested by the Director of Libraries to close the
Butte County Libraries on Saturday, December 26, 1998 -
action requested - APPROVE CLOSURE OF THE BUTTE COUNTY
LIBRARIES ON DECEMBER 26, 1998.
32. Certification of Votes Cast - the County Clerk-Recorder
submits the certification of votes cast at the
November 3, 1998, Consolidated General Election as
specified in Elections Code 15308 (Official Canvass
Procedures) - action requested - ACCEPT CERTIFICATION.
33. Request to change County Service-Area {GSA) utility
service providers - action requested - DIRECT THE GENERAL
SERVICE DIRECTOR TO INITIATE THE CHANGE OF ALL CSA
UTILITY ACCOUNTS FROM ASSOCIATION OF BAY AREA GOVERNMENTS
(ABAG) TO PACIFIC GAS ~ ELECTRIC (PG&E),
34. Position Retention - Development Services Department-
Building Division - the fiscal year ].998-99 final budget
for the Department of Development Services - Building
Division contained a recommendation to eliminate one
Office Assistant III position effective January 1, 1999.
Due to various fiscal changes within that budget unit,
Board approval is requested to retain the Office
Assistant III position through the 1999 peak construction
period - action requested - APPROVE RETENTION OF AN
OFFICE ASSISTANT III POSITION FOR THE DEPARTMENT OF
DEVELOPMENT SERVICES-BUILDING DIVISION. (66)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 373 December 1, 1998
December 1, 1998
Reqular•Agenda
98-350 Appointments - commissions and committees...
A. Appointments to committee vacancies. (None)
B. Appointment of nominees where a declaration of
candidacy form has been filed for the November 3, 1998,
Consolidated General Election - APPOINT/DECLARE ELECTED
MARSHALL S. MAYER AND GEORGE W. SUHRTE, DIRECTORS, LIME
SADDLE COMMUNITY SERVICES DISTRICT (4 -YEAR TERMS TO
EXPIRE DECEMBER 6, 2002). (FROM 11-10-96)
C. Appointcr~ent of nominees where- a .declaration of
candidacy form has not been filed for the November 3,
1998, Consolidated General Election - action requested -
APPOINT IVAN SOHNREY, DURHAM IRRIGATION DISTRICT,
DIVISION 1, TO A TERM TO EXPIRE DECEMBER 6, 2002;
AND GERALD MATTSON, LANCE STEADMAN, AND ALAN FISCHER TO
THE RICHVALE RECREATION AND PARK DISTRICT TO TERMS
TO EXPIRE DECEMBER 5, 2002. (FROM 11--10-98)
D. Butte County Water Commission-Technical Advisory
Committee (TAC) - action requested - ACCEPT THE
RECOMMENDATION OF THE BUTTE COUNTY WATER COMMISSION AND
APPOINT TOCCOY DUDLEY TO THE BUTTE COUNTY WATER
COMMISSION-TECHNICAL ADVISORY COMMITTEE, (AGRICULTURAL „~,
COMMISSIONER-WATER DIVISION) (80)
MOTION: I MOVE TO: (A) APPOINT/DECLARE ELECTED MARSHALL S. MAYER AND
GEORGE W. SUHRIEy DIRECTORS, LIME SADDLE• COMMUNITY SERVICES
DISTRICT (4 YEAR TERMS TO EXPIRE DECEMBER fi, 2002); (B)
APPOINT IVAN SOHNREY, DURHAM IRRIGATION DISTRICT,
DIVISION 1, TO A TERM 'TO EXPIRE DECEMBER 6, 2002; AND
GERALD MATTSON, LANCE STEADMAN, AND ALAN FISCHER TO THE
RICHVALE RECREATION AND PARK DISTRICT TO TERMS TO
EXPIRE DECEMBER 6, 2002; AND (C) ACCEPT THE RECOMMENDATION OF
THE BUTTE COUNTY WATER COMMISSION AND APPOINT TOCCOY DUDLEY TO
THE BUTTE COUNTY WATER COMMISSION-TECHNICAL ADVISORY COMMITTEE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-351 Update an legislative and budget activities.- (111) (STARLYN S.
BROWN, ASSISTANT CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT
THE CALIFORNIA STATE ASSOCIATION OF COUNTIES HAS ADOPTER THREE
MAIN PLANKS ON ISSUES WHICH EFFECT COUNTIES AS FOLLOWS: 1. THE
RETURN OF PROPERTY TAX GIVEN TO THE STATE .TO SUPPORT ERAF;
2. TRIAL COURT OPERATIONAL FUNDING FOR ALL COUNTIES WHICH ARE
NOT CURRENTLY FUNDED BY THE STATE; AND 3. THE PURSUIT OF
ADDITIONAL FUNDING FOR ROAD FUNDS. ALSO NOTED WAS A REPORT
RELEASED BY THE LEGISLATIVE ANALYSTS OFFICE WHICH PROJECTS A
ONE BILLION DOLLAR SHORT FALL IN STATE REVENUE NEXT YEAR.
Page 374 December 1, 1998
~~:
December 1~ 1998
98-352 Monterey Agreement - consideration of amendments to the
Monterey Agreement which would change the terms of the County's
contract with the Department of Water Resources for the
provision of State Water Project water - action requested -
APPROVE AMENDMENT AND ADOPT A RESOLUTION AUTHORIZING THE CHAIR
TO SIGN. (168)
MOTION: I MOVE TO APPROVE THE AMENDMENT AND ADOPT RESOLUTION 98-170 AND
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-353 Rock Creek/Keefer Slough Flood Project - the County has
requested assistance from the Army Corps of Engineers to
resolve the repetitive flooding problems in the north Chico
area caused by Rock Creek and Keefer Slough - action
requested - ADOPT A RESOLUTION SUPPORTING THE PROJECTS AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE A LETTER TO THE STATE
RECLAMATION BOARD REQUESTING ASSISTANCE AND AUTHORIZE THE CHAIR
TO SIGN. (620}
MOTION: I MOVE TO ADOPT RESOLUTION 98-171 SUPPORTING THE PROJECTS AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE A LETTER TO THE STATE
RECLAMATION BOARD REQUESTING ASSISTANCE AND AUTHORIZE THE CHAIR
TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y 6 Y (Unanimously Carried)
RECESS: 10:17 A.M.
RECONVENE: 10:32 A.M.
Page 375 December 1, 1998
December 1, 1998
Public Hearings and Timed Items
98-354 Continued Public Hearing - $everly Chambers - Tentative
Subdivision Map - consideration 'of an appeal ~,of certain
conditions of th'e Tentative Subdivision Map approved by the
Development Review Committee {item an which a negative
declaration regarding environmental impacts has been
recommended) to divide twa~parcels totaling 25 acres into 25 1-
acre parcels in two phase, oti property zoned~SR-1 (Suburban
Residential - 1 acre parcels)' and located an the north side on
Entler Avenue, approximate'ly'2,000 feet east of The Midway,
property identified ~as APN 040-090-005• and 006, south Chico
area - action requested -~StJBJECT TO ENVIRONMENTAL FINDING (A)
AND SUBDIVISION~MAP .ACT FINDING ~(A) .{STAFF REPORT DATED
NOVEMBER 18, 1998), STAFF RECOMMENDS THE BOARII UPHOLD THE
APPEAL OF CONDITIONS 8, 9, 14, AND 16, •AND.MOD~ZFY THESE
CONDITIONS TO REFLECT THAT THE IMPROVEMENTS REQUIRED BY THESE
CONDITIONS WILL OCCUR A~ THE TIME 0~ DEVELOPMENT OF PHASE II;
AND DENY THE APPEAL OF CONDITIONS 10, 18, 21, ~~AND ~ 25 ' (STAFF
REPORT DATED NOVEMBER 18, 1998). (FROM 11~=1.0-98)' (1899)
CHANGES .MADE TO THE STAFF REPORT DATED NOVEMBER• 18,. 1998:
CONDITIONS 8, 9, 14, AND 16 - IMPROVEMENTS REQUIRED BY THESE
CONDITIONS WILL 'OCCUR PRIOR TO THE ~tECORDATION 'OF THE FINAL
MAP.
PUBLIC ~ HEARING 'CONTINUED OPEN fi0 JANUARY 26, ].999, AT
10:15 A.M.~
Page 376 Decerr-ber 1, 1998
December 1, 1998
98-355 Continued Public Hearing - Robert and Ann Stephens -
consideration of proposed amendments to the text of the North
Chico Specific Pian (NCSP) adding a PD-Planned Development
combining zone, a text amendment to the Development Regulations
of the NCSP, text amendments reflecting the potential increase
in dwelling units in the NCSP, and a text amendment to the OS-
Open Space zone; and consideration. of a rezone from SR-1/OS
(Suburban residential - 1 acre parcels/Open Space) to SR-1
(Suburban residential - 1 acre minimum) an 83± acres; and a
rezone applying the PD-Planned Development combining zone to
approximately 230 acres zoned SR-1 (Suburban residential - 1
acre minimum) and OS (Open Space). Included in the request is
a Development Agreement which will apply to all property in the
PD-Planned Development combining zone. Also being considered
are findings to override the Butte County Airport Land Use
Commission's determination that the proposed project is
inconsistent with the Chico Municipal Airport Environs Plan.
The project site is located on the west side of Hicks Lane,
approximately '~ to 1 mile south of Keefer Lane, on property
identified as APN 047-250-141, north of Chico. The requested
.change would allow for the construction of up to 160 dwelling
units on property that now has a maximum development potential
of 126 dwelling units - action requested - SHOULD THE
BOARD CHOOSE TO APPROVE THE PROJECT THE FOLLOWING ACTIONS
SHOULD BE TAKEN: SUBJECT TO ENVIRONMENTAL FINDINGS (A-C),
GENERAL PLAN CONSISTENCY FINDING (A), AIRPORT OVERRIDE
FINDINGS; AND DEVELOPMENT AGREEMENT FINDING (A) (STAFF REPORT
DATED NOVEMBER 24, 1998):
A. ADOPT NEGATIVE DECLARATIONS FOR THE AMENDMENTS TO THE
NORTH CHICO SPECIFIC PLAN AND THE DEVELOPMENT AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN;
B. ADOPT A RESOLUTION TO AMEND THE NORTH CHICO SPECIFIC PLAN
TO ADD A PD-PLANNED DEVELOPMENT COMBINING DESIGNATION;
AMENDING THE USES PERMITTED IN THE OS-OPEN SPACE
DESIGNATION; AND AMENDING POLICY 7.1-6, AS WELL AS ANY
OTHER SECTION TO MAKE THE DOCUMENT CONSISTENT WITH
THE PROPOSED ACTION AS STATED IN EXHIBIT "A" OF THE STAFF
REPORT DATED OCTOBER 27, 199$, AND AUTHORIZE THE CHAIR TO
SIGN;
C. ADOPT AN ORDINANCE REZONING $3t ACRES FROM SR-1/OS
(SUBURBAN RESIDENTIAL - 1 ACRE PARCELS/OPEN SPACE} TO SR-
1 (SUBURBAN RESIDENTIAL - 1 ACRE MINIMUM) AND APPLYING A
PD-PLANNED DEVELOPMENT COMBINING ZONE TO APPROXIMATELY
230 ACRES ZONED SR-1 (SUBURBAN RESIDENTIAL - 1 ACRE
PARCELS) AND OS (OPEN SPACE) AFFECTED BY FILE SPA 97-01
AND AUTHORIZE THE CHAIR TO SIGN; AND,
(CONTINUED ON PAGE 37$)
Page 377 December 1, 1998
December 1, 1998
98-355 D. ADOPT AN ORDINANCE ENTERING INTO A DEVELOPMENT AGREEMENT
(cont.) (A MATTER ON WHICH A PUBLIC HEARING HA5 BEEN HELD AND A
MOTION OF T~3TENT ADOPTED) WITH ROBERT AND ANN STEPHENS,
FILE DEV99-O1, AS REFERENCED TN EXHIBIT "C" OF THE STAE'F
REPORT DATED OCTOBER 27, 1998, AND AUTHORIZE THE CHAIR TO
SIGN. (FROM LO-27-98}(2258)(**00}
BOARD RECESSED AT 12:07 P.M.
96-356 CLOSED SESSION: The Board recessed at 12:07 p.m. to a closed
session conference with ,legal counsel
regarding actual litigation pursuant to
Government Code Section 54956.9: 1. Butte
County v., Cofer; and 2. Stone v. County of
Butte. ITEMS REMOVED FROM THE CLOSED SESSIC}N
AGENDA: 1.~Significant exposure to litigation
pursuant to Government .Code Section
5495b.9(b)(l): one potential case. (**2022)
RECONVENE: The Board reconvened at 1:35 p.m. from a
closed session conference with legal counsel
regarding actual litigation pursuant to
Government Code Section 54956.9: 1. Butte
County v. Cofer; and 2. Stone v. County of
Butte . NO ANNOi3NCEMENT5 --~
Page. 37$ December 1, 1998
December 1, 199$
BOARD RECONVENED TO HEARING AT 1:35 P.M.
98-357 Continued Public Hearing - Robert and Ann Stephens -
consideration of proposed amendments to the text of the North
Chico Specific Plan (NCSP) adding a PD-Planned Development
combining zone, a text amendment to the Development Regulations
of the NCSP, text amendments reflecting the potential increase
in dwelling units in the NCSP, and a text amendment to the OS-
Open Space zone; and consideration of a rezone from SR-1/OS
(Suburban residential - 1 acre parcels/Open Space) to SR-1
(Suburban residential - 1 acre minimum) on 83t acres; and a
rezone applying the PD-Planned Development combining zone to
approximately 230 acres zoned SR-1 (Suburban residential - 1
acre minimum) and OS (Open Space). Included in the request is
a Development Agreement which will apply to all property in the
PD-Planned Development combining zone. Also being considered
are findings to override the Butte County Airport Land Use
Commission's determination that the proposed project is
inconsistent with the Chico Municipal Airport Environs Plan.
The project site is located on the west side of Hicks Lane,
approximately ~ to 1 mile south of Keefer Lane, on property
identified as APN 047-250-141, north of Chico. The requested
change would allow for the construction of up to 160 dwelling
units on property that now has a maximum development potential
of 126 dwelling units - action requested - SHOULD THE
BOARD CHOOSE TO APPROVE THE PROJECT THE FOLLOWING ACTIONS
SHOULD BE TAKEN: SUBJECT TO ENVIRONMENTAL FINDINGS (A-C),
GENERAL PLAN CONSISTENCY FINDING (A), AIRPORT OVERRIDE
FINDINGS; AND DEVELOPMENT AGREEMENT FINDING (A) (STAFF REPORT
DATED NOVEMBER 24, 1998):
A. ADOPT NEGATIVE DECLARATIONS FOR THE AMENDMENTS TO THE
NORTH CHICO SPECIFIC PLAN AND THE DEVELOPMENT AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN;
B. ADOPT A RESOLUTION TO AMEND THE NORTH CHICO SPECIFIC PLAN
TO ADD A PD-PLANNED DEVELOPMENT COMBINING DESIGNATION;
AMENDING THE USES PERMITTED IN THE OS-OPEN SPACE
DESIGNATION; AND AMENDING POLICY 7.1-6, AS WELL AS ANY
OTHER SECTION TO MAKE THE DOCUMENT CONSISTENT WITH
THE PROPOSED ACTION AS STATED IN EXHIBIT "A" OF THE STAFF
REPORT DATED OCTOBER 27, 1998, AND AUTHORIZE THE CHAIR TO
SIGN;
C. ADOPT AN ORDINANCE REZONING 83t ACRES FROM SR-1/05
{SUBURBAN RESIDENTIAL - 1 ACRE PARCELS/OPEN SPACE) TO SR-
1 (SUBURBAN RESIDENTIAL - 1 ACRE MINIMUM) AND APPLYING A
PD-PLANNED DEVELOPMENT COMBINING ZONE TO APPROXIMATELY
230 ACRES ZONED SR-1 (SUBURBAN RESIDENTIAL - 1 ACRE
PARCELS) AND OS (OPEN SPACE} AFFECTED BY FILE SPA 97-01
AND AUTHORIZE THE CHAIR TO SIGN; AND,
(CONTINUED ON PAGE 380)
Page 379 December 1, 1998
December 1, 1998
98-357 D. ADOPT AN ORDINANCE ENTERING INTO A DEVELOPMENT AGREEMENT
(cont.) (A MATTER ON WHICH A PUBLIC HEARTNG.HAS BEEN HELD AND A
MOTION OF INTENT ADOPTED) WITH ROBERT AND ANN STEPHENS,
FILE DEV99-O1, AS REFERENCED IN EXHIBIT "Gy` OF THE STAFF
REPORT DATED OCTOBER 27, 1998, AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 10-27-98}(**2092)(***00)
MOTION: I MOVE APPROVAL OF THE PROJECT SUBJECT TO ENVIRONMENTAL
FINDINGS, GENERAL PLAN. CONSISTENCY FINDINGS, AIRPORT
CONSISTENCY\OVERRIDING FINDINGS, AND DEVELOPMENT AGREEMENT
FINDINGS AS AMENDED FROM THE STAFF REPORT- DATED
DECEMBER 1, 1998 (DETAILED FINDiNdS SET FORTIS AND .IAICLUDED AS
ATTACHI~NT `^A" TO• THESE . l~IINCTTEB) . I MOVE APPROVAL OF THE
DEVELOPMENT AGREEMENT A5 AMENDED, AND TO ALLOW FUTURE
AMENDMENTS TO THE DEVELOPMENT AGREEMENT UPON RECOMMENDATIONS BY
THE UNITED STATES ARMY CORPS OF ENGINEERS, AND FURTHRR MOVE THE
FOLLOWING ACTIONS:
A. ADOPT NEGATIVE'DECLARAfiIONS FOR THE AMENDMENTS TO THE
NORTH CHICO SPECIFIC PLAN AND THE DEVELOPMENT AGREEMENfi
AND AUTHORIZE THE CHAIR TO SIGN;
B. ADOPT RESOLUTION 9$-172 AMENDING THE NORTH CHICO SPECIFIC
PLAN TO ADD A PD-PLANNED DEVELOPMENT COMBINING
DESIGNATION; AMENDING THE USES PERMITTED. IN THE OS-OPEN
SPACE DESIGNATION; AND AMENDING POLICY 7.1-6, AS WELL AS "'""`
ANY OTHER SECTION TO MAKE THE NORTH CHICO SPECIFIC
PLAN CONSISTENT WITH•THE PROPOSED ACTION AS STATED IN
EXHIBIT "A",OF THE STAFF REPORT DATED OCTOBER 27, 1998,
AND AUTHORIZE THE CHAIR TO SIGN;
C. ADOPT ORDINANCE 3962 REZONING 83f ACRES FROM SR-1/OS
(SUBURBAN RESIDENTIAL - 1 ACRE. PARCELS/OPEN SPACE) TO
SR-1 (SUBURBAN RESIDENTIAL - 1 ACRE MINIMUM) AND APPLYING
A PD-PLANNED DEVELOPMENT COMBINING ZONE TO APPROXIMATELY
230 ACRES ZONED SR-1 (SUBURBAN RESIDENTIAL - 1 ACRE
PARCELS) AND OS (OPEN SPADE) AFFECTED BY FILE SPA 97-01
AND AUTHORIZE THE CHAIR fi0 5IGN; AND,
D. ADOPT ORDINANCE 3463 APPROVING A DEVELOPMENT AGREEMENT (A
MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A
MOTION OF INTENT ADOPTED) FOR CERTAIN 'REAL PROPERTY
LOCATED ON TfiE WEST SIDE. OF HICKS LANE, NORTH OF MUD
CREEK AND SOUTHERLY OF THE NORTH LINE OF SECTION 33
T.23N.R.1.E. AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 NV (Motion Carried)
RECESS: 2:20 P.M.
RECONVENE: 2:30 P.M.
Page 380 December 1, 1998
December 1, 1998
98-358 Cherokee Canal Flood Control - consideration of a request for
assistance from the State Reclamation Board for a flood control
project - action requested - ADOPT A RESOLUTION SUPPORTING THE
PROJECT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE A LETTER
TO THE STATE RECLAMATION BOARD REQUESTING ASSISTANCE AND
AUTHORIZE THE CHAIR TO SIGN. (***610)
MOTION: I MOVE TO ADOPT RESOLUTION 96-173 SUPPORTING THE PROJECT AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE A LETTER TO THE STATE
RECLAMATION BOARD REQUESTING ASSISTANCE AND AUTHORIZE THE CHAIR
TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-359 A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A MOTION
OF INTENT ADOPTED - BBA Engineering - Tentative Subdivision
Map - action requested - SUBJECT TO ENVIRONMENTAL FINDING (A),
SUBDIVISION MAP ACT FINDINGS (A AND B), AND THE MODIFIED
CONDITIONS OF APPROVAL AS DETAILED IN THE STAFF REPORT DATED
NOVEMBER 18, 1998, UPHOLD THE APPEAL AND REVISE CONDITION #33
OF THE TENTATIVE SUBDIVISION MAP TO ELIMINATE THE CURB, GUTTER,
AND SIDEWALK REQUIREMENTS. (STAFF REPORT DATED NOVEMBER 18,
1998). (FROM 11-10-98) (***703}
MOTION: SUBJECT TO ENVIRONMENTAL FINDING (A), SUBDIVISION MAP ACT
r'-~ FINDINGS {A AND B) , AND THE MODIFIED CONDITIONS OF APPROVAL AS
DETAILED IN THE STAFF REPORT DATED NOVEMBER 18, 1998, I MOVE TO
UPHOLD THE APPEAL AND REVISE CONDITION #33 OF THE TENTATIVE
SUBDIVISION MAP TO ELIMINATE THE CURB, GUTTER, AND SIDEWALK
REQUIREMENTS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-360 Tattoo Removal Program - introduction of a tattoo removal
program for the Butte County Probation Department - action
requested - ACCEPT FOR INFORMATION. {***770)
BAORD ACCEPTED AS INFORMATION.
98-361 Items removed from the Consent Agenda for Board consideration
and action. (None)
98-362 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAILING
ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE
AGENDA.) (None)
Page 381 December 1, 1998
December 1 1998
Communications.
9$-363 Communications received and referred. (COPIES OF ALL
CO~+IlKUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE,)
A. Mary Watters, President; and Barbara Copeland, Action
Chairman, League of Women Voters of Butte County, write
to the Board to express the League's concern regarding
certain members of the Water Commission and to request
the Board consider a more diversified membership for the
committee with the upcoming appointments.
B. Marsha L, Berkbigler, Director Government Relations, TCI
of Northern California, Inc., writes to inform the Board
that TCI of Northern California, Inc., and certain
affiliates of Media4ne of Delaware, Inc., (MediaOne} have
entered into 'a definitive agreement to .complete the
exchange of certain cable television systems, including
the system in our. community.,
C. State of California,•Department,of Water Resources, gives
notice that representatives of the Department of Water
Resources and State Water Contractors are considering
possible contract amendments and administrative actions
intended to clarify and modify provisions of the existing
long-term Water Supply Contract which were added by the ----
Monterey Amendment. (REFERRED TO CHIEF ADMINISTRATIVE
OFFICER, COUNTY COUNSEL, AND AGRICULTURAL COMMISSIONER-
WATER DIVISION [11-6=981')
D. Rick Keene, Mayor, City of Chico; writes to inform the
Board that the Chico City Council, has adopted an
ordinance which would allow the establishment of
emergency homeless shelters in churches and public
buildings on a temporary basis to allow for the
sheltering of the homeless until permanent facilities can
be established, and requests the Hoard consider adopting
a similar ordinance. (REFERRED TO DIRECTOR-DEVELOPMENT
SERVICES AND COUNTY COUNSEL [11-10-98])
E. Douglass and Christina Perske, Chicp, write to the Board
expressing their opposition to the .placement of a
communications tower on Mariposa Avenue at the Box
Nursery. (REFERRED TO DIRECTOR-DEVELOPMENT SERVICES [11-
13-98]) ~ ~ .
F. City of Chico, Community, Development Department,. gives
notice of the preparation of an Environmental Impact
Report, Chico Municipal Airport Master Plan, City of
Chico. (REFERRED, T4 CHIEF ADMINISTRATIVE OFFICER,
DIRECTOR - DEVELOPMENT SERVICES, DIRECTOR-PUBLIC WORKS,
AND EMERGENCY SERVICES OFFICER [11-9-9$}} ,,,_„
(CONTINUED ON PAGE 383)
Page 382 December 1, 199$
December 1. 1998
98-363 G. Robert D. McClure, Chair, Butte Creek Watershed
(cont.) Conservancy (BCWC), writes to inform the Board that the
request for an extension of time to review and comment on
the Butte Creek Watershed Draft Existing Conditions
Report (DECK) to December 31, 1998, has been approved.
(REFERRED TO CHIEF ADMINISTRATIVE OFFICER, COUNTY
COUNSEL, AGRICULTURAL COMMISSIONER-WATER DIVISION, AND
DIRECTOR-DEVELOPMENT SERVICES (11-23-98])
H. Robert D. McClure, Chair, Butte Creek Watershed
Conservancy (BCWC), writes to inform the Board of his
resignation from BCWC and introducing the new Chairman,
Mr. James C. "Chuck" Kutz.
I, Dean Hill, Oroville, writes to request the Board require
the proposed development of the Heights Subdivision be
connected to a public sewer system and requests a
response to his protest. (REFERRED TO DIRECTOR-
DEVELOPMENT SERVICES, DIRECTOR-PUBLIC WORKS, AND
DIRECTOR-PUBLIC HEALTH/ENVIRONMENTAL HEALTH [11-23-98])
J. Matthew B. Miller, P.E., Chief, Hazard Study Branch,
Mitigation Directorate, Federal Emergency Management
Agency, submits a revised preliminary copy of Flood
Insurance Rate Map Panels 06007C0030D and 06007C0510D.
(REFERRED TO PUBLIC WORKS - LAND DEVELOPMENT DIVISION
[11-23-98])
ADJOURNMENT: There being no further business before the
Board, the meeting was adjourned at 2:37 p.m.
to reconvene on Tuesday, December 15, 1998, at
9:00 a.m.
~' ~~
C. Davis, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the of Supervisors
g iP~J
Page 383 December 1, 1998
BUTTE COUNTY
BOARD OF SUPERVISORS
MINUTES-DECEMBER 1, 1998
ATTACHMENT "A"
Environmental Findings.
A. A Environmental Impact Report has been adopted and certified for the North Chico Specific Plan
(NCSP) which identified significant environmental impacts and provided mitigation measures to
address those impacts. The EIR also identified significant unavoidable impacts for which no
mitigation was available; traffic and circulation, air quality impacts and land use impacts. However
it was found that the NCSP had significant benefits and overriding findings were adopted as fully
discussed in Resolution 95-47. An Initial Study was completed in compliance with the California
Environmental Quality Act for the Stephens proposed amendment to the North Chico Specific Plan
and rezone. No new potentially significant environmental effects were identified that were not
identified and mitigated as part of the Stephens Negative Declaration or Final EIR (FEIR) for the
North Chico Specific Plan or overridden at the time of adoption ofthe NCSP. Impacts that were
previously identified as significant unavoidable impacts have not changed or been exacerbated
because the Stephens project does not exceed any of the development assumptions and thresholds
evaluated in the NCSP as witnessed below:
1. The NCSP EiR identified an increase of approximately 63,000 daily trips based upon the
-- development of 3,093 new dwelling units and approximately 267 acres of new industrial
development. As adopted, the plan reduced the number of dwellings to approximately 2,803
and the number of developable acres of industrial land to 247 acres. With the adoption of
this amendment, the residential buildout of the Plan will be 2,896 dwelling units, well within
the number contemplated by the certified FEIR; and
2. The impacts to air quality were based upon the creation of 3,093 new dwelling units and
approximately 267 acres of new industrial development. As adopted, the plan provided for
approximately 2,803 new dwelling units and estimates the number of developable acres of
industrial land to be 247 acres. With the adoption of this amendment, the residential buildout
ofthe Plan will be 2,896 dwelling units, well within the number contemplated by the certified
FEIR; and
The loss of open space was identified as a significant unavoidable impact of the NCSP. The
retained open space within the NCSP was intended to help maintain the rural atmosphere that
currently exists, and was a component of an overall environmental strategy to mitigate
development within the NCSP area as detailed on pages 6-13 through 6-16, 7-5, 8-3, 13-7,
and 15-3 of the NCSP draft EIR and FEIR. The 103 acres identified on the Stephens'
property as open space by the NCSP, will be retained for that purpose and will not be reduced
in size.
B. An Initial Study was completed in compliance with the California Environmental Quality Act for the
proposed Development Agreement and no potentially significant environmental effects were
identified; and
C. The Board of Supervisors has independently reviewed, analyzed and considered both proposed
Negative Declarations prior to making its decision on the amendment to the NCSP and rezone and
the Development Agreement, and said Negative Declarations reflect the independent judgement of
the County of Butte; .-..
General Plan Consistency Findings.
A. The proposed amendment to the North Chico Specific Plan and associated rezoning is consistent
with the policies, including the tent and map, of the Butte County General Plan as discussed below:
1. The Butte County General Plan Land Use Element designates the 230 acres north of Mud
Creek as Agricultural Residential. The maximum development potential allowed by this
designation is 1 dwelling unit per acre. The net result of the proposed amendment to the
NCSP is the development of up to 1d0 dwelling units within the boundary of the 230 acres
for an average density that is consistent with the General Plan Land use designation.
Specific policies in support of the proposed amendment include:
C.l.e. En~ou~ge ~rl~~n Pxp~nsion toward the least productive soils. The site contains
marginal agricultural soils capable of supporting only grazing or limited agricultural
uses.
D.l.b. Provide a diversity of housing sites varying iti size, density and location. The PD
combining zone will provide the ability to offer more housing choices in the NCSP.
D.2.a. Correlate residential densities to soil. slope and other natural site characteristics. The
site has few limiting characteristics. Sewage disposal and drainage are two areas that
could potentially limit development. However, the 103 acres of open space acreage
is available to overcome these limitations.
D.Z.c. Relate residential densities to intensity and compatibili y of adjacent uses. 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 north
and west.
D.2.d. Balance residential densities with traffic-carrying capacities of existing and proposed
circulation plans. 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 NCSP, including the proposed amendment.
G.S.b. Prevent development and site clearance other than river bank protection of marshes
and significant riparian habitats. The Development Agreement provides for riparian
protection and enhancement through the use of creek side setbacks and vegetation
plantings.
2
H.3.a. Limit development in areas. with si~ificant drainage ,,and flooding-problems until
a~~~~tat drainage or flood control facilities are Rrovide,~ The incorporation of
drainage condif:ons to reduce peak project site runoff to 10% below pre-development
conditions will serve to reduce downstream flooding. 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 Creek. This is a critical component in solving downstream flooding
problems on Keefer Slough.
10.0 Provide r_a safe and convenient bicycle transportation s. s+S tem which is integrated
with other transportation modem. Pedestrian trails and bicycle paths are integrated as
part of the NCSP and are also required as part of the Development Agreement.
B. The Butte County General Plan Circulation Element states on Pages C1R-73 and CIR-74 that air
transportation is a vital form of transportation that is important to the economic well-being of the
County's communities. Objective 12:1 states that the County should provide far compatible land uses
in areas that may be impacted by airport operations, so as to mitigate safety and noise problems.
Policy 12.1.1 states that the County shall implement measures in unincorporated areas that provide
for the continued safe operation of airports. Policy 12.1.2 states that the County will ensure that land
uses in the vicinity of public airports are compatible with respective airport land use plans. An
extensive analysis of the Airport Consistency Findings regarding the 1978 Chico Municipal Airport
Environs Plan and the Override Findings to the 1998 amended Chico Municipal Airport Environs
Plan, which are set forth in Section 3 below and are incorporated herein by reference, indicate that
approval of the Stephens' application as conditioned and mitigated will be consistent with these
provisionssn the Circulation Element and will ensure that land uses in the vicinity of the Chico
Municipal Airport, including on the Stephens' property, are compatible with respect to airport land
use plans, provide for compatible land uses in areas that may be impacted by airport operations, and
will specifically mitigate and minimize any potential safety, noise, overflight and/or airspace
protection problems.
Airport Consistency Findings.
I. 1978 Chico Municipal Airport Environs Plan
A. In public meetings on November 11 and 19, 1997, the Butte County Airport Land Use
Commission (ALUC) considered the consistency of the proposed amendment to the NCSP
and rezone with regard to noise and safety issues near the Chico Municipal Airport, located
adjacent to the project site. ALUC found that increased residential development proposed to
occur within NCSP-designated open space was inconsistent with the e~sting Chico Municipal
Airport Environs Plan. The detailed findings are contained in a report from the ALUC dated
December 9, 1997; and
B. In a public hearing held on December 11, 1997, the Planning Commission recommended that
the applicants revise their project to preclude the placement of any residential units within the
existing open space lands, addressing one of ALUC's concerns; and
C. In a letter dated February 6, 1998 the Stephens' attorney responded to the ALUC findings
and provided information intended to support a finding that the project was consistent with
the Chico Municipal Airport Environs Plan. The letter also contends that all of the
environmental and project consistency findings made by ALUC were either unsupported by •---
substantial evidence in the record and/or were contrary to law and thus invalid and that
approval of the project does not require overriding findings, adopted by a 2/3 majority vote;
and
D. In a letter dated April 28, 1998, the Stephens' attorney further responded to the ALUC
finding by demonstrating that approval of the project should not require overriding findings
adopted by a 2/3 majority vote, because the amendment to the Specific Plan and the rezone
remain completely consistent with all relevant findings and the statement of overriding
considerations previously adopted by the Board of Supervisors on March 28, 1995, when it
approved the NCSP and at that time adopted Overriding Findings Regarding the Airport Land
Use Commission finding of inconsistency for the NCSP; and
E. In a public hearing held an February 12, 1998, the Planning Commission reviewed a project
that was revised in accordance with the Planning Commission's recommendations made at the
December 12, 1997 meeting, to propose development of up to 160 dwelling units without
building upon any land within the NCSP open space designation; and
F. Prior to the Boazd of Supervisors hearing on Tune 23, 1998, the applicants again revised their
project to address the balance of ALUC's concerns related to the future expansion of the
Chico Municipal Airport, and agreeing to limit development of the site to no more than 126
dwelling units until a new Comprehensive Land Use Plan (CLUP) was prepared. Upon ~-
adoption of the new CLUP, up to 34 additional dwelling units out of the total maximum of
160 dwellings could be applied for subject to a finding of consistency with the new CLUP.
At the June 23 hearing, the Board of Supervisors recommended that a Development
Agreement be used to clarify and vest both the applicants' and the County's rights and
obligations for development of the property under the revised amendment to the NCSP and
the rezone; and
G. At a public hearing held on August 19, 1998, the ALUC reviewed the Development
Agreement proposed for the project and found the project as proposed on that date to be both
consistent with the Chico Municipal Airport Environs Plan as well as compatible with the
viable, responsible operation of the Chico Municipal Airport. A finding of Development
Agreement consistency amounts to a consistency finding for the entire Stephens project
because the Development Agreement controls all aspects of development under the
amendment to the NCSP and the rezone for the project site including, the number and density
of dwelling units, precise approval of development and open space areas, and timing of the
construction of the dwelling units and public improvements. The ALUC consistency finding
was based upon one (1) required condition, ten (10) recommended conditions, the details of
which are contained in ALUC's cansistency~ finding report dated August 20, 1998, all of
which conditions and changes, as amended by the Board of Supervisors on December 1,
1998, have been incorporated into and made a part of the Development Agreement and
therefore also apply to the amendment to the NCSP and the rezone; and --~.
4'
H. At a public hearing held on August 27, 1998, the Planning Commission reviewed the
Development Agreement and proposed fiuther recommended changes to the document, none
of which limited the effectiveness of ALUC's conditions or the consistency finding. Planning
staff and the Planning Commission recommended that the Board of Supervisors enter into
the Development Agreement if the amendment to the NCSP and the rezone are approved; and
I. Based upon the several significant limitations upon the amendment to the NCSP and the
rezone which are made binding upon the applicants under the Development Agreement that
was found to lie consistent with the Chico Municipal Airport Environs Plan as well as
compatible with the viable, responsible operation of the Chico Municipal Airport, the Board
of Supervisors may approve the Development Agreement, amendment to the Specific Plan
and rezone by a simple majority vote in compliance with Public Utilities Code Sections 21670,
21676, et seq.; and
Because these same numerous modifications to the project overall have brought the entire
project into compliance with the March 28, 1995 Overriding Findings Regarding the Airport
Land Use Commission, adopted by the Board of Supervisors by a 213 majority vote when it
approved the NCSP, the requirements of Public Utilities Code Sections 21670, 21676, et
seq., have already been legally satisfied. Therefore, the Stephens' Development Agreement,
amendment to the NCSP and rezone provide for the orderly development, expansion, and
long-term viability of the Chico Municipal Airport and orderly development of the area
surrounding the airport in the same manner as the NCSP such that the Board of Supervisors
hereby makes the following same findings as were made for the NCSP, that:
-- i. Residential land uses, at densities greater than one (1) unit per acre, are not allowed
within 3,700 feet from the centerline of the main runway, as shown on the Alternative
Land Use Map in the FEIR, thus limiting the potential for complaints of
incompatibility with airport uses;
2. Open space has been planned for the area westerly of the Clear Zone, northerly of
Mud Creek, as shown on the Altemative Land Use Plan in the FE1R, further reducing
the potential for complaints of incompatibility with airport uses;
3. One acre minimum parcel sizes are planned for the area north and west of Mud Creek,
as shown on the Alternative Land Use Plan in the FEIR, which is consistent with the
currently-adopted Airport Land Use Plan for the Airport and the Airport Land Use
Harldhook, pages 3-13, 9-19 through 9-25;
4. Airport expansion through the year 2010 is accommodated by excluding new
development within the 55dB CNEL projected far the year 2010 as projected by the
Noise Exposure Map far the Alternative Land Use Plan in Chapter 5 of the FEIR;
The Specific Plan provides for airport protection measures as part of the Development
Regulations in Chapter 7 of the Specific Plan, pages 7-6 and 7-7.
5
K. As with the NCSP, the Stephens' Development Agreement, amendment to the NCSP and
rezone also protects the public health, safety, and welfare by minimizing exposure to
excessive noise and safety hazards within areas adjacent to the Chico Municipal Airport as
follows: --•
Avigation easements are required, as indicated on page 7-6 of the NCSP text, for all
residential development within the Plan area;
2. The NCSP provides far airport protection measures as part of the Development
Regulation in Chapter 7 of the Specific Plan, pages 7-6 and 7-7;
3. The Accsdent Sites for Rumvays of 6, 000 Feet or More, Figure 8F, taken from the
1994 Airport Land Use. Handbook and superimposed with the Alternative Land Use
Map for the NCSP, together with testimony pertaining thereto at the Board of
Supervisor public hearing on January 10, 1995, by the County's consultant, Steve
Honeycutt, indicates that the accident probability is highest within the boundaries of
the Chico Municipal Airport Clear Zones and very law in the vicinity of the Village
Core, which vicinity includes the Stephens property;
4. The Comparison of Flight Tracks and School Sites, together with the testimony
pertaining thereto at the Board of Supervisors public hearing on January 10, 1995, by
the County's consultant, Steve Honeycutt, indicates that aircraft on flight tracks at
Chico Municipal Airport are at a sufficient flight distance and altitude sa as to not
expose the high density residential and the elementary school sites to excessive noise
or safety hazards. These aircraft flight tracks are also at a sufficient flight distance
and altitude so as to not to expose the Stephens property to excessive noise or safety
hazards;
L. Furthermore still, because the applicants incorporated into the Development Agreement,
amendment to the NCSP and the rezone, the one required condition that the minimum lot size
for any parcel is not less than 8,125 square feet if served by individual wells and on-site
sewage disposal systems, or 6,500 square feet if public sewage disposal service is provided,
the effect of ALUC's consistency finding is that the entire project is consistent with the Chico
Municipal Airport Environs Plan and that the project is compatible with the viable,
responsible operation of the Chico Municipal Airport.
6
M. To further improve land use compatibility and provide for the orderly development of the
Chico Municipal Airport and the area surrounding this airport so as to prornate the overall
goals and objectives of California Airport Noise Standards and to prevent the creation of new
•-' noise and safety problems, as well as to protect public health, safety, and welfare by insuring
the orderly expansion of the Chico Municipal Airport and the adoption of land use measures
that minimize the public's exposure to excessive noise and safety hazards within areas around
that airport, the Development Agreement, amendment to the NCSP and the rezone, also
adopt and incorporate the following one {1) required condition and ten {10) recommended
from the August 20, 1998 ALUC consistency findings, as modified by the Board of
Supervisors on December 1, 1998, requiring that:
The minimum lot sire for any parcel shall not be less than 8,125 square feet if served
by individual wells and on-site sewage disposal systems, or 6,500 square feet if public
sewage disposal service is provided.
2. Residential development shall be restricted to those portions of the 126 acre SR-1/PD
area that are located outside of the projected 55 dB CNEL contour a depscted on
Exhibit III-1 within the 1995 Chico Municipal Airport FAR Part 150 Noise
Compatibility and Environs Plan.
3. Residential densities within the Inner Turning Zone shall be restricted to the densities
recommended within the 1993 Airport band Use Planning Handbook (nor more than
one dwelling unit per two acres) to protect the safety of aircraft and persons an the
ground. Residential densities within the Traffic Pattern Zone shall not exceed 6 units
per acre.
4. Residential dwelling units shall be designed and constructed to achieve an interior
noise level of no more than 45 dB.
5. The property owner shall sign an avigation easement granting the right of continued
use of the Chico Municipal Airport in the airspace above the subject parcel and
acknowledging any and all existing or potential airport operational impacts.
6. The project proponents and the County shall devise enhanced airport operations
disclosure measures which include deed notices, public notices, inclusion of
information in the Department of Real Estate Public Report, and signage along the
entrances to the project.
7. All land use shall be restricted from creating large concentrations of people that would
result in the gathering of more than 60 persons per acre within the Inner Turning Zone
or 150 persons per acre within the Traffic Pattern Zone at any one time.
8. Land uses shall be prohibited that create bright lights, smoke, particulate emissions,
or allow for the storage of hazardous, flammable or explosive materials above Bound.
9. All project lighting shall be directed within the project site and shielded to prevent
adverse impacts on adjacent properties and aircraft flight activities.
7
10. Section 3.3 of the Development Agreement shall be modified to reference those
conditions required and recommended in Sections 3. A and 4. "A through H" in the
Butte County Airport Land Use Commission's August 19, 1998 Findings relative to
the. Draft Development Agreement.. -,
11. Section 3.4 of the Development Agreement shall be revised to reflect the applicants'
commitments to the Board of Supervisors and the ALUC regarding the Airport Land
Use Commission's review of the tentative subdivision map to create the 34 Density
Transfer Units (DTU's) within the 126 acre portion of the property or other property
located within the North Chico Specific Plan Area.
The Development Agreement shall stipulate that the tentative subdivision map to
create 34 DTUs within the 126 acre portion of the subject property is to be reviewed
by the Airport Land Use Commission for consistency with the Updated CLUP for the
Chico Municipal Airport when adopted or the existing Chica Municipal Airport
Environs Plan, if the CLUP update has not been completed within 30 months from
the date that the Development Agreement is executed. If the proposal to create the
34 DTUs within the 126 acre portion of the property is found by the ALUC to be
inconsistent with the applicable Airport Land Use Plan, the property owner/applicant
may request that the Board of Supervisors adopt Overriding Findings to approve the
project. However, if a finding of inconsistency is made by the ALUC to create the 34
DTUs within the 12b acre portion of the subject property, the property
owner/applicant may submit a subsequent tentative subdivision map to create the 34
DTUs within another property that is located within the North Chico Specific Plan
Area. The tentative subdivision map for such a transfer must also be reviewed by the -
Airport Land Use Commission for consistency with the applicable Airport Land Use
Plan. The property owner/applicant may request that the Board of Supervisors adopt
Overriding Findings to approve the transfer of the units to anatl~er property if that
proposal is also found to be inconsistent by the ALUC.
8
II. Ovemde findings to the 1998 amended Chico Municipal Airport Environs Plan
On October 21, 1998, ALUC purported to adopt an amendment to the 1978 Chico Municipal Airport
Environs Plan (CHAFF} (Because there is significant legal uncertainty as to whether the October 21
amendment is legally in force and effect because of the manner by which ALUC provided public
notice prior to their adoption ofthe October 21 amendment to the CMAEP, the Board of Supervisors
has also made the above findings pertaining to ALUC's prior consistency findings under the 1978
CMAEP far the Stephens' project.). On November 18, 1998, ALUC reviewed the Stephens'
application for consistency with the 1978 CMAEP as amended an October 21, 1998. While the 1993
Airport Land Use Planning Handbook ("CalTrans Handbook") identifies four functional categories
for determining airport land use compatibility: Safety, Overflight, Noise and Airspace Protection, on
November 18th, ALUC reviewed the Stephens' project application for consistency with the amended
CMAEP regarding policies to address Safety and Overflight Protection. However, because Exhibit
B to ALUC's October 21 amendment to the CMAEP and "Other Commission Comments" included
outside of the Project Consistency Findings in the November 18 ALUC review of the Stephens'
project, discuss noise compatibility and allude to airspace protection, the following override findings
address all four issues: Safety, Overflight, Noise and Airspace Protection, to factually demonstrate
that approval of the Stephens' project by the Board of Supervisors meets all Public Utilities Code
Section 21b70 and 21676 requirements:
w. sare~ana o.•ere~Qn~.
1. On October 21, ALUC purported to adapt an Overflight Protection Zone {OPZ) with
two subzones identified as Zone A and Zane B, both of which are stated to prohibit
""'~ new single-family residential development entirely within their boundaries. ALUC
Exhibit A (Drawing CIC-14) depicts the OPZ. Exhibit A is designed to depict the
OPZ identified in Exhibit III-1, "2010 Airport Noise Compatibility Plan," of the FAR
Part 150 Airport Noise Compatibility Program and Environs Plan for the Chico
Municipal Airport (FAR Part 150). The four safety zones depicted on page 9-16 of
the 1993 CalTrans Handbook have also been overlaid onto this exhibit. The Runway
Protection Zone (1), Inner Safety Zone {2), and Inner Turning Zone {3) are all
contained within the OPZ. The only CalTrans safety zone which ALUC states the
OPZ does not incorporate is the Outer Safety Zone (4). Because the CalTrans
Handbook at page 9-I6 indicates that there are a total of six safety zones, including
a Sideline Safety Zone {5) and a Traffic Pattern Zone (6), the OPZ must therefore
also incorporate the Sideline Safety Zone (5) and Traffic Pattern Zone {6} since the
only CalTrans safety zone which the OPZ does not incorporate, is the Outer Safety
Zone (4) according to ALUC's October 221etter to Thamas Parila (pps. 2-3}.
9
' ,w
2. Approximately one-third of'the northern portion of the Stephens' property lies within
the• Inner Turning Zone as identified in Drawing CIC-14 and in the CalTrans ---
Handbook in Figure 9G 'at page 9-16. In its discussions of "The Concept of
Acceptable Risk" and "Protecting People and Property on the Ground" (Chapter 9),
the . CalTrans Handbook states on page 9-22 under "Acceptable Forms of
Develaprnent" that for the Inner Turning Zone, "[t]he minimum lot size criteria for
residential uses should be'somewhere in the range encompassed by the. inner and outer
safety zones; that is, between 2 and 14 acres." To assure Chico Municipal Airport
safety and overflight compatibility, the Board requires that the Stephens' Development
Agreement incorporate the following language from the August 20, 1998 ALUC
Consistency Findings, requiring that:
Residential densities within the Inner Turning Zone shall be restricted to the
densities recommended within the 1993 Airport Land Use Planning Handbook
(no-more than one dwelling unit per two acres) to protect the safety of aircraft
and persons on the ground. ~ . .
Based upon CalTratis criteria, the Board of Supervisors has determined that one
residential dwelling unit per two acres on the Stephens' property within the Inner
Tunung Zone is an acceptable form of development, as recommended in the CalTrans
Handbook on pages 9-21 and 9-22. Far this reason,' a complete prohibition on
residential development within . Zones A and B on the Stephens' property is
unnecessary to satisfy the requirements of Public Utilities Code Section 21670. --
3. For the remaining majority of the Stephens' property which is located within the
Traffic Pattern Zone as'identified in Drawing CIC-14 and in the CalTrans Handbook
in Figure 9G at page 9-16, the discussion of "Acceptable Forms of Development"
states that:
Tratlic Pattern Zone -- Within other portions of the airport area routinely
overflown by aircraft, the potential for aircraft accidents is relatively low and
the need for land use restrictions is thus minimal.. ..Only very large
assemblies of people -- in the 150 or mare people-per-acre range -- need to
be avoided.... Typical residential subdivision densities of 4 to b dwelling
units-per-acre are acceptable from a safety perspective.... Even higher
densities may be reasonable, especially if development is clustered to provide
open space..
10
~, ~.~
The Stephens' Development Agreement also incorporates from the August 20, 1998
ALUC Consistency Findings, the requirement that: "[R]esidential densities within the
Traffic Pattern Zone shall not exceed ~ units per acre."
Based upon CalTrans criteria, the Boazd of Supervisors has determined that six
residential dwelling units per acre on the Stephens' property within the Traffic Pattern
Zone is an acceptable form of development satisfying the requirements of Public
Utilities Code Section 21G70, as recommended in the CalTrans Handbook on pages
9-21 through 9-23. For this reason, a complete prohibition on residential
development within Zones A and B on the Stephens' property is unnecessary.
4. The Stephens' Development Agreement utcarporates an amendment to the text of the
North Chico Specific Plan {NCSP) adding a PD-Planned Development Combining
Zone which requires that a minimum of 25% of the gross acreage within the PD
designation will be retained as open space and that residential dwelling units will be
built upon a variety of lot sizes, including the clustering of residential dwelling units.
The retention of open space and the use of clustering residential dwellings are
recommended by Ca(Trans as strategies to improve the compatibility of residential
development within all CalTrans safety zones, including the Inner Turning Zone and
Traffic Pattern Zone, within the airport environment. The CalTrans Handbook, on
page 9-24, in its discussion of "Clustering Versus Spreading of Development," states
that:
... [T]radeoffs between safety and economic concerns usually dictate some amount
of development near airports.... The premise behind the concept of clustering is that,
in most off-airport mishaps, the aircraft are under some degree of control when forced
to land. Clustering thus allows a greater amount of open space towards which the
pilot can aim. In addition to reducing the risks for people on the ground, open space
also provides benefits for aircraft occupants.
Regarding the Inner Turning Zone, the CalTrans Handbook states on page 9-27, "[a]t
least. I S% to 20% of the zone should remain as open space." Regarding the Traffic
Pattern Zone, the CalTrans Handbook states on page 9-27, "... 10% to 15% useable
open space or an open area approximately every 114 to'/z mile should be provided."
Because the new PD zoning and the Development Agreement both require the
retention of 25% of the gross acreage as open space, the Board of Supervisors hereby
determines that the goals and objectives of Public Utilities Cade 21670 to minimize
the public's exposure to excessive safety (and noise) hazards are already accomplished
by the Stephens' project design. In fact, the new PD zoning, NCSP amendment and
the Development Agreement together now, for the first time, allows clustering of
dwellings, variable lot sizes and requires much greater open space retention, actually
making residential development upon the Stephens' property more airport compatible
than under the prior zoning for the property.
11
In Exhibit D (Drawing CIC-17) and Exhibit E (Drawing CIC-18} to the ALUC
October 21, 1998 action, ALUC alleges that these exhibits -- which were adapted
from the CalTrans Handbook and the University of California Berkeley, Institute of
Transportation Studies (1993) --identify areas with particular safety-related concerns. --
Whenthe text and Exhibit 8F, "Accident Sites i~or Runways of 6,000 Feet or Mare,"
in the CalTrans Handbook are referenced to explain the meaning of ALUC Exhibits
D and E depicted in Drawings CIC- I7 and CIC-18, CalTrans Handbook states on
pages 8-32 and 9-2b that, "Accidents in which aircraft are under control are bunched
relatively close- to the runway ends -- mostly within about 3,OOd feet -- both for
amvals and departures. ~ ...These observations lead to the following suggested
criteria: ....Inner Turning Zone -- ... 1 S% to 20% ...open space ... TratTic
Pattern Zone -- ..: 10% to 15°to usable open space...." As described previously
in these findings, particular safety-related concerns are minimized by design
requirements for the Stephens' project so that the Stephens' property no ]anger needs
to be identified as an area with particular safety-related concerns. For example,
residential land uses at densities greater than one (1}unit per acre, will not be allowed
within 3,700 feet from the centerline of the existing main runway, thus limiting the
potential for complaints of incompatibility with airport uses. Furthermore, the Board
of Supervisors finds that, because the open space provided by the new PD zoning
exceeds that recommended by CalTrans for residential developments within both the
Inner Turning Zone and Traffic Pattern Zone, where the Stephens' project is located,
safety, as well as noise, overflight and air space protection concerns, are reduced well
below CalTrans' recommended thresholds to ensure airport compatibility.
6, Based upon the location of the Stephens' project within the Inner Turning Zone and -~--
the Traffic Pattern Zone, CalTrans data further demonstrates that the safety hazard
risk for all accident sites -- arrivals and departures -- is minimal Specifically, the
CalTrans Handbook indicates on page 9-17 that for airports with runways of 6,000
feet or more, the chance of all aircraft accidents within the Inner Turning Zone is
0.03%/acre in Table 9A, "Safety Compatibility Issues." The likelihood of all aircraft
accidents within the Traffic Pattern Zone for runways of the same length is
0.02%/acre as indicated in Table 9A in the CalTrans Handbook. Because the
likelihood of an aircraft accident is so Iow, between 2/100 of 1% and 31100 of 1%
anywhere within a full one-acre area, the Board of Supervisors finds that the
likelihood of an aircraft accident involving any particular residential dwelling
represents an exceptionally low safety risk, well within the acceptable limits
recommended by the CalTrans Handbook.
12
;a;.;, .~}. ;
7. As described above, on November 18, 199$, ALUC reviewed the Stephens'
application for consistency with the October 21, 1998 purported amendment to the
1978 CMAEP. The Overflight Protection Zone (OPZ) adopted as part of these
"" amendments seeks to prohibit new single-family residential development. Based
solely upon unspecified information allegedly from the Chico Municipal Airport
tower, ALUC's unsubstantiated opinion is that an unquantified number of heavy
military aircraft and firefighting air tankers make unscheduled low-altitude
approaches, which operations involving these types of aircraft can be particularly
annoying to residents because of their size. Based solely upon this statement
unsupported by substantial evidence in the administrative record, ALUC concluded
that the only effective strategy is to prohibit residential development because the
CalTrans Handbook recommends that the ideal strategy cited on Page 3-9 of the
handbook is to avoid development of residential uses in affected locations. However,
page 3-9 of the CalTrans Handbook also states that:
Ta the extent that this approach is not practical, the alternative is to make people
better aware of the airport's proximity before they move to the area. This can be
accomplished through buyer awareness measures such as:
-- Dedication of aviation or overflight easements;
-- Recorded deed notices; and/or
-- Real estate disclosure statements.
Thus, the Board of Supervisors concludes that a complete prohibition of new single-
family residential dwellings is not only not practical, but clearly not necessary if these
three CalTrans-recommended measures are followed. In this case, the Stephens'
Development Agreement minirnizes potential incompatibility with the airport by
already incorporating all three of these buyer awareness measures. Because of the
inclusion of these several buyer awareness measures in the Development Agreement,
the Stephens' application incorporates other adequate "compatibility strategies"
recommended by CalTrans to make the project compatible with the Chico Municipal
Airport without the need to avoid residential development in this location,
8. Regarding whether the Stephens' project creates a safety or overflight concern posing
any threat to continued firefighting air tanker operations at the Chico Municipal
Airport, Gary F. Ross, Unit Chief, Butte Ranger Unit, Butte County Fire Department
and California Department of Forestry and Fire Protection, states in his May 6, 1998
letter to the Board of Supervisors that:
The California Department of Forestry and Fire Protection and the Butte County Fire
Department find no potential negative impact resulting from the proposed amendment
to the North Chico Specific Plan which would allow increased residential density on
certain portions of the property owned by Robert and Ann Stephens. The property,
identified as APN 047-250-141, is located west of Hicks Lane in Chico, California.
13
In that the planned development provides for leaving 103 acres along Hicks Lane as
open space, adjacent to~ the Chico Airport, there will be na significant impact on the
fire fighting air tanker activities that operate from the airport. Likewise, the increased
density from one acre parcels to 314 acre parcels an the remainder of the property, as -~
specified in the proposal, will have no ~ significant negative impact on fire fighting
resource planning requirements.
Based upon Mr. Ross' letter and all. of the reasons described in these findings, the
Board of Supervisors hereby concludes that establishment and application of the OPZ
by ALUC on October 21 and November 18, 1998 along with ALUC's corresponding
policies and measures are unnecessary to protect the public health, safety and welfare,
as well as to protect the continued. viability of aircraft operations to and from the
Chico Municipal Airport. Furthermore, the Board concludes that the Stephens'
application already includes these several significant land use measures described
herein which minimize the public's exposure to excessive .safety (and noise) hazards
in compliance with Public Utilities Code Section 21670 and 21676.
B. Noise.
1. The Chico Municipal Airport FAR Part 150 Airport Noise~Compatibility Program and
EnviFOns Plan (FAR Part 150) states on pages I-5 and I-8 that the General Plans of
Chico and Butte County set forth maximum exterior noise levels far residential and
other noise-sensitive uses to be a Community Noise Equivalerrt Level (CNEL/Ldn)
of 65 decibels .(dB). The intent of these standards is to establish guidelines and
methods for determining the acceptability of specific land uses with respect to various -
noise levels since these levels usually allow normal outdoor and indoor activities, such
as communication and sleep, to occur without interruption. CNEL 65 dB is the
criterion noise level above which residential and other noise-sensitive land uses (e.g.,
schools, churches, hospitals ~ and libraries} should not be allowed unless noise
attenuating construction is utilized. Table III-1, "Recommended Land Use
Compatibility Designations Chico Municipal Airport" from FAR Part 150, states that
residential land uses are compatible in areas exposed to a CNEL of up to 70 dB, but
recommends that measures to achieve outdoor-to-indoor noise reduction levels
(NLR} of at least 25 dB and 30 dB should be incorporated into building codes and be
considered in individual approvals.
According to the FAR Part 150 study, the maximum amount of noise to which any
portion of the Stephens' project site i~ exposed, even projected for the year 2010, is
a CNEL of 60 dB. Approximately 25% of the site lies between the 60 dB and 55 dB
contours. The remaining approximately 75% of the site lies outside of the 55 dB
contours as demonstrated in Exhibit I-3, "Noise Exposure Map: 2010 Forecast
Conditions," and Exhibit III-1, "Airport Noise Compatibility Plan."
14
2. As explained previously, in Exhibit B (Drawing CIC-1 S} to the October 21, 1998
action, ALUC sought to amend the 1978 Chico Municipal Airport Environs Plan
(CHAFF) by combining the "CNEL Noise Contours" (Drawing CIC-3) in the 1978
CMAEP with the CalTrans Safety Zones described above. The noise contours from
CIC-3, which were prepared in 1978, have been shown by much more recent analysis
to be an overly optimistic view of future air traffic potential for the Chico Municipal
Airport. In an "Aviation Activity Forecast" prepared by P & D Aviation (P & D) as
part of the Aircraft Noise Exposure Map Report in 1992, it was revealed that the
Federal Aviation Administration's National Plan of Integrated Airport Systems
{NPIAS) growth forecast was in excess of S% per year for Chico airport expansion.
This underlying assumption for the noise contours in CIC-3 of the 1978 CMAEP is
now "believed to be an overly~ptimistic view of future air traffic potential." (P & D,
p. III-10.) The result being that, "[t]he 1978 Environs Plan [CHAFF] forecasts have
proven to be highly optimistic." (Ibid.) Based upon snore current and more precise
data, P & D also considered an "Enhanced Growth Forecast" far the Chita Municipal
Airport to seek to determine a more accurate upper range for aircraft activity that
more realistically might result from increased aircraft activity at the Chico Municipal
Airport. The Enhanced Growth Forecast assumed the commencement of a Flight
Training Center at the Chico Municipal Airport by the year 1995. Flight training
operations were assumed to increase at an average annual rate of 3% per year through
the year 2010 forecast period. (P & D, Exhibit III-1 on p, 4 and pp. III-12 to III-14.)
At the end of 1998, a flight training facility has not yet been established. "The
Enhanced Growth Forecast provides far the introduction of approximately 5,000
annual operations of turboprop aircraft operations (e.g., Beech King Air) by the year
2000.... The Enhanced Growth Forecast also includes allowances for yet additional
flight operations ofmulti-engine aircraft for several classes of general aviation users.
...Allows for Beater use by heavy turboprop.... For example, expanded aerial
firebomber operations or additional corporate aviation.... The potential for greater
levels of corporate turbojet activity is also provided for in the "Enhanced Growth
Forecast." (Ibid.) The Enhanced Growth scenario resulted in a total of approximately
173,000 total annual aircraft operations in the year 2010 for the Chita Municipal
Airport. {P & D, Exhibit III-2 on page III-16.) The 1978 CMAEP assumed a total
of 250,000 annual aircraft operations in the year 2014. {Ibid.] (This is 77,000 fewer
operations or 31% less than the assumptions which created the noise contours in
Drawing CIC-3 of the CMAEP that were relied upon in Drawing CIC-IS by ALUC
on October 21, 1998.) P & D also analyzed in the same study an "Indigenous
Demand Forecast" projecting growth based upon actual annual aircraft operations at
the Chico Municipal Airport. The Indigenous Demand Forecast projected a total of
approximately 130,000 annual aircraft operations in the year 2010. (Ibid.) (This is
120,000 fewer operations or 52% less than the assumptions which created the noise
contours in Drawing CIC-3 which were relied upon in Drawing CIC-15 by ALUC on
October 21, 1998.)
15
Based upon this expert analysis, P & D concludes that, "[i]t is very important to note
that available annual airport capacity greatly exceeds the 20-yeas forecast for aircraft
operations under both the indigenous and enhanced growth scenarios." (P & D, p.
III-15.) This means that under either current total aircraft operations, or a more ~---
realistic forecast of future growth, total aircraft operations at the Chico Municipal
Airport fall far short of the much higher total aircraft operations assumption reflected
in the noise contours in Drawing CIC-3 of the 197$ CMAEP which comprise the
noise contours now relied, upon by ALUC in Exhibit B (Drawing CIC-14) to the
October 21, 1998 ALUC action.
It is unclear why ALUC only chose to incorporate portions of the 1995 FAR Part 150
study in its 1998 Safety and Overflight analysis and not to incorporate. the updated
Noise analysis from the same 1995 study found on Exhibit I-3, "Noise Exposure Map:
2010 Forecast Conditions" and Exhibit III-1, "Airport Noise Compatibility Plan." A
portion of Exhibit III-1 was incorporated into ALUC Exhibit A (Drawing CIC-14)
and ALUC Exhibit B (Drawing CIC-15) in the October 21 ALUC action to establish
the Overflight Protection Zone but the noise contours in Exhibit III-1, which are
based upon the better data described above which are 17 years more current, were
ignored by ALUC with no explanation.
This aberration is significant and would appear quite arbitrary since ALUC has stated
in writing repeatedly that its position is that the entire 1978 CMAEP is "terribly
outdated." The Board of Supervisors chooses instead to rely upon the much more
recent and reliable data found in the 1995 FAR Part 150 program to determine airport
noise compatibility, in addition to the 1992 Aviation Activity Forecast for the Chico -,
Municipal Airport by P & D. Both of these more recent studies conclude that, even
with future growth scenarios for the Chico Municipal Airport, the Stephens' project
is, and will likely remain for some time, compatible with, Chico 'Municipal Airport
operations.
3. In ALUC's November 18, 1998 transmittal, ALUC. states outside of its "findings" in
"Section 3: Other Commission Commeiats" that the project site is likely to be exposed
to single-event noise levels and other~episodes which exceed "normally acceptable"
noise levels for residential development. Potential single-event noise level generators
are listed as unquantified "intensive" CDl~ air tanker operations during campaign fires
and occasional military activities, Aero Union and other businesses under contract
with CDF and the U. S. Department of Forestry which periodically run up their
aircraft engines at night for the' purposes of aircraft engine maintenance and
operational testing. No known or estimated decibel levels were specified by ALUC
and no noise studies are cited to support this contention. To the contrary, the Board
of Supervisors cites the 1993 CalTrans Handbook at Page 5-27 in its discussion
entitled, "Sleep Disturbance," vuhich states that:
16
~.; ,~-
A British study (CJK Department of Transport -- 1992) found that an average
person has only a 1 in 75 chance of being awakened by an aircraft noise in the
outdoor range of 90 dB to 100 dB SEL. Allowing for the noise level
reduction of the structure, this indicates that indoor single-event sound levels
of 70 dB to 80 dB will cause less than a 2% chance of sleep disturbance.
Based upon this recent British study and other supporting analysis in Chapter b of the
CalTrans Handbook, the Board of Supervisors finds that the likelihood of single-event
noise, even at extreme 90 dB to 100 dB SEL outdoor ranges to which people might
be exposed during summer months with open windows at nighttime, present no more
than minimal public exposure to noise.
4. Based upon the testimony of Robert Koch, an ALUC member representing the City
of Chico and present in ALUC's public hearings on October 21 and November 18,
1998, the City of Chico has experienced nunimal if any complaints by the public
regarding single-event or any other noise levels generated by the Chico Municipal
Airport. Mr. Koch stated on the public record that the City of Chico keeps detailed
logs of citizen complaints and the logs reflect few if any complaints regarding noise
of any type generated by the Chico Municipal Airport.
In the ALUC public hearing on November 18, Commission Member Norman Rosene
also .stated on the record that it was his belief that no noise study data existed for
single-event noise to support ALUC's conclusion that single-event noise exposed the
public to a hazard of excessive noise. ALUC staff member, Laura Webster, stated,
too, that she was unaware of whether CalTrans or any other expert in the field had
established specific standards for determining when single-event noise exposure to the
public was excessive.
ALUC relies upon Exhibit 4-4, "Land Use Compatibility for Community Noise
Environments" found on page 4-33 of the 1978 CMAEP for the premise that noise
levels for residential land uses are "normally acceptable" up to CNEL 60 dB.
However, Exhibit 4-4 also states that exposure of residential land uses to CNEL up
to 70 dB is also acceptable if new construction or development is conditioned to
require noise reduction and noise insulation features in housing design. Exhibit 4-4
also states that, "[c]onventional construction, but with closed windows and fresh air
supply systems or air conditioning will normally suffice" by itself to keep noise levels
in the acceptable range -- even without noise reduction and noise insulation features
included in design and construction.
Because the Stephens' Development Agreement already requires that "[r]esidential
dwelling units shall be designed and constructed to achieve an interior noise level of
no more than 45 dB," the Board of Supervisors concludes that community noise
environments for residential dwellings on the Stephens' project, including single-event
noise levels, will remain within acceptable levels under not only the 1978 CMAEP,
but also according to the specifications in the FAR Part 150 program and the
CalTrans Handbook.
17
C. Airspace Protectigtt. .
The November 18 ALUC "Project Consistency Findings" state that Chapter 3 of the
CalTrans Handbook identifies four fianctianal categories that address airport land use -~
compatibility concerns. These include: Noise, Safety, Airspace Protection and
Overflight Protection. While ALUC only found the applicant's proposal to be
inconsistent with the:1998~amendments to the 1978 CMAEP based upon measures
and policies designed to address Overflight Protection and Safety, the Board of
Supervisors also hereby finds that the Stephens' project is compatible with Chico
Municipal Airport operations because it does not cause a significant risk to the
Airspace Protection. In determining. a project's compatibility with Airspace
Protection, the CalTrans Handbook states on pages 3-7 and 3-8 that the particular
hazards of concern are "airspace obstructions" and land use characteristics which pose
"other potential hazards to flight by attracting birds or creating visual or electronic
interference with air navigation." "Compatibility Strategies" recommended by
CalTrans for protection of airport airspace are (1) to avoid airspace obstructions by
limiting the height of buildings and antennas and other types of structures and trees
so=as not to pose a potential hazard to flight and (2) land.uses which may create the
types of hazards described above should be avoided near an airport or modified so as
not to include the offending characteristic (i.e., attractions to birds, creation of visual
or electronic interference with air navigation}.
The Stephens' project proposes single-family residential dwellings and related land
uses which, by their nature, and by existing design standards, are generally limited to
heights below 35 feet and are otherwise designed so as not to pose a potential --~
airspace obstruction. Furthermore, no eviderice has been presented by ALUC or
otherwise on the record to demonstrate that land uses associated with the project
create potential hazards to flight by attracting birds or creating visual or electronic
interference with air navigation. These types of hazards are not hazards which would
normally be expected as a component of a standard single=family residential
development of this type on the Stephens' property.
18
. ~ ~ . -..
D. Conclusion to airport consistency findings T and II above.
Based upon all of the substantial factual evidence submitted into the record during the course
'~" of the several public hearings upon the Stephens' application before ALUC, the Butte County
Planning Commission, and the Butte County Board of Supervisors in 1997 and 1998 as
described in these findings and the exhibits and attachments and other data referenced herein,
including the Applicant's Exhibits in the Administrative Record dated June 23, 1998, all of
which are incorporated herein into the administrative record by reference, the Board of
Supervisors hereby concludes in fulfillment of the requirements of Public Utilities Code
Sections 21670'and 21676 that approval of the Stephens' project provides for the orderly
development of the Chico Municipal Airport and the area surrounding the airport so as to
promote the overall goals and objectives of the California Airport Noise Standards adopted
pw~suan# to Section 21669 of the Public Utilities Code, and, as designed and conditioned, the
Stephens' project prevents the creation of new noise and safety problems. Furthermore, as
designed and conditioned, approval ofthe Stephens' project protects the public health, safety
and welfare by ensuring the orderly expansion of the Chico Municipal Airport by and through
the adoption of the numerous land use measures described herein and in the exhibits attached
hereto which minimize the public's exposure to excessive noise and safety hazards within
areas around the Chico Municipal Airport, and which also adequately provides for overflight
and airspace protection.
E. Documents to be made part of the Administrative Record
Data supporting the Board of Supervisors findings have been accumulated from studies and
"-~ reports prepared by recognized professionals and agencies with expertise in airport land use
planning and airport land use compatibility. These documents are available to the public and
include:
1978 Chico Municipal Airport Environs Plan - R. Dixon Speas Associates
1995 FAR Part 150 Airport Noise Compatibility Program and Environs Plan for the Chico
Municipal Airport - P & D Aviation
Aviation Activity Forecasts for the Chico Municipal Airport, May I, 1992 -McClintock,
Becker & Associates
Aircraft Noise Exposure Map Report including Aviation Activity Forecasts for the Chico
Municipal Airport -December 7, 1992 -McClintock, Becker & Associates
1993 Airport Land Use Planning Handbook -Cal Trans Division of Aeronautics
Notice of adopted amendments to the Chico Municipal Airport Environs Plan, October 22,
1998 -Butte County Airport Land Use Commission
Butte County Airport Land Use Commission recommendations and findings regarding
~-- Development Agreement DEV99-O1 {Stephens) on APN 047-250-141 -Butte County
Airport Land Use Commission -November 18, 1998
19
Stephens' application exhibits in the administrative record -Robert & Ann Stephens -Tune
23, 1998
Letter from P & D Aviation to Butte County Board of Supervisors -November 25, 1998 --
Development Agreement findings
A. Find that the proposed Development Agreement is consistent with the Butte County General
Plan, the North Chico Specific Plan, aid-Board of Supervisors Resolution 84w1G0 because
the Development Agreement simply implements conditions of the Specific Plan Amendment
and Rezoning which have been found to be consistent with the General Plan and North Chico
Specific Plan, as per sections 2 and 3 above.
20