HomeMy WebLinkAbout20-009r N1
WHEREAS, the Butte County General Plan 2030 (GP 2030) Update process was initiated by action of the Board of
Supervisors, including the adoption of Resolution 06-085 on May 23, 2006, which created the Butte County General Plan
Citizens Advisory Committee and set in motion a process of holding public workshops and meetings regarding the County's
GP 2030 Update; and
WHEREAS, on October 26, 2010 Butte County adopted a new General Plan, including a new General Plan Land
Use Map; and,
WHEREAS, the General Plan EIR (SCH #20,08092062) was certified on October 26, 2010 by the Butte County Board
of Supervisors (Resolution 10-1501); and,
WHEREAS, prior to the adoption of the new General Plan, Butte County embarked on a comprehensive update to
the Butte County Zoning Ordinance ("Zoning Ordinance Update"), being a part of the overall Butte County General Plan
2030 project directed by the Board of Supervisors also referred to as "Meeting Series #8", which involves a comprehensive
update to the existing Butte County Zoning Ordinance; and,
WHEREAS, on September 27, 2012 the Planning Commission made recommendations to the Board of Supervisors
and on November 6, 2012 the Board of Supervisors adopted the Zoning Ordinance Update under Ordlinance #4050, and
Certified a Final Supplemental EIR (FSEIR) under County Resolution 12-123; and,
WHEREAS, the County complied with the requirements of the California Environmental Quality Act, Public
Resources Code sections 21000-21178.1 (CEQA) in approving the General Plan EIR and FSEIR; and,
WHEREAS, on May 21, 2019 the Board of Supervisors heard a recommendation from Development Services and
unanimously approved direction to prepare a General Plan Amendment and Rezone from General Commercial to Medium
Density Residential for Assessor Parcel Numbers 031-010-046,-0167,-068,-080,-081,-084, and, -085 located at Table
Mountain Blvd and Garden Drive north of the City of Oroville.
WHEREAS, Butte County Development Services staff has identified a General Plan Land Use Map and Zoning Map
Amendment known as the Table Mountain Boulevard Parcels Amendment, and that this amendment has been identified
as a necessary correction to the General Plan Land Use Map and Zoning Map, and,
WHEREAS, the Planning Commission held a duly noticed public hearing on December 12, 2019, and recommended
six of the seven requested parcels by excluding Assessor's Parcel Number 031-0101-068 because the property owner of
that parcel requested that the property remain General Commercial; and, the Board of Supervisors held a duly noticed
public hearing on January 14, 2020; and,
WHEREAS, the Butte County Board of Supervisors has reviewed and considered the information in the General
Plan EIR and FSEIR described above, General Plan and FSEIR administrative record, staff reports, and all oral and written
testimony presented to the Board of Supervisors in its approval in 2012; and
WHEREAS, the County has determined that the proposed amendments to the General Plan Land Use Map
and Z o n i ng M a p do not meet the criteria for preparing a subsequent or supplemental EIR under CEQA Guidelines
Section 15162; and,
WHEREAS, an Addendum to the General Plan EIR and Supplemental EIR has therefore been prepared
pursuant to CEQA Guidelines Section 15164 for the proposed General Plan Land Use Map amendment and
Zoning Map Amendment; and
WHEREAS, the Addendum provides analysis and cites substantial evidence that supports the County's
determination that the proposed amendments to the General Plan Land Use Map and Zoning Map do not
meet the criteria for preparing a subsequent or supplemental EIR under CEQA Guidelines Section 15162
including:
1) The proposed General Plan Land Use Map amendment and Zoning Map Amendment would not cause
a new significant impact or substantially increase the severity of a previously identified significant
impact from the General Plan EIR or Supplemental EIR (CEQA Guidelines Section 15162[a][11) that
would require major revisions to either EIR. All impacts would be nearly equivalent to the impacts
previously analyzed in the General Plan EIR and Supplemental EIR. Relatedly, the General Plan Land
Use Map amendment and Zoning Map Amendment are not inconsistent with any of the General Plan
policies intended to mitigate environmental impacts.
2) The proposed General Plan Land Use Map Amendment and Zoning Map Amendment would not cause
a new significant impact or substantially increase the severity of a previously identified significant
impact, and there have been no other changes in the circumstances that meet this criterion.
3) As documented in Section 3.0 of the Addendum, there is no new information of substantial importance (which
was not known or could not have been known at the time of the General Plan adoption in October 2010, or General
Plan Amendment and Zoning Ordinance adoption in November 2012), that identifies: a new significant impact
(condition "A" under CEQA Guidelines Section 15162[a][31); a substantial increase in the severity of a previously
identified significant impact (condition "B" CEQA Guidelines Section 15162[a][3]); mitigation measures or
alternatives previously found infeasible that would now be feasible and would substantially reduce one or more
significant effects of the General Plan; or mitigation measures or alternatives which are considerably different
from those analyzed in the General Plan EIR which would substantially reduce one or more significant effects on
the environment (conditions "C" and "D" CEQA Guidelines Section 15162[a][31).
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors makes the following findings:
1. Notice of the Board of Supervisors hearing on the General Plan Land Use Map Amendment and Zoning Map
Amendment was given as required by law and the actions were conducted in accordance with CEQA, and the State
CEQA Guidelines.
2. An Addendum was prepared that provides analysis and cites substantial evidence that supports the County's
determination that the proposed General Plan Map and Zoning Map amendments do not meet the criteria for
preparing a subsequent or supplemental EIR under CEQA Guidelines Section 15162.
3. All individuals, groups and agencies desiring to comment were given adequate opportunity to submit oral and
written comments on the Amendments and the environmental review documents. These opportunities for
comment meet nrexceed the requirements of the Planning and Zoning Law and CEQA.
4. The Board of Supervisors was presented with all of the information described in the recitals and has c�nsidered
this information inadopting this resolution.
5. The proposed Adoption of the Amendments is consistent and compatible with the General Plan and any applicable
community orspecific plan asprovided by Government Code Section 6�588O.
G. The proposed Adoption Vfthe Amendments is internally consistent with other aipplicable provisions ofthe Zoning
Ordinance.
7. The proposed Adoption, of the Amendments is in the public interest, and protects the health, safety, and welfare
ofthe County.
BE IT FURTHER RESOLVED That the Board of Supervisors hereby adopts the General Plan Land Use Map
Amendment as set -forth under Exhibit A, with the following findings:
1. Adoption of the Amendment to the General Plan Land Use Map is in the public interest.
2. The General Plan, Land Use Map Amendment are consistent and compatible with the General Plan.
3. The General Plan Land Use Map Amendment are consistent with the other applicable provisions of the Zoning
Ordinance.
4. The potential effects ofthe General Plan Land Use Map Amendment have been evaluated and have been
determined not to be detrimental to the public health, safety orvveUfare.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 14 �hday ofJanuary, 2�0, by the following
AYES: Supervisors Connelly, Lucem'Ritter, Teeter, aind Chair Lambert
NOES: None
ABSENT: None
RECUSALS: Nome
Steve Lambert,�W�ir
Butte County Board ofSupervisors
ATTEST:
Shari McCracken, Chief Administrative Officer
and Clerk ofthe Board ufSupervisors
Table Mountain Blvd. Coun�ty-In-iti-ated
4eneral Plan and Zoning Ordinance Amen&ment
Retail/Office and GiC(Ge�neral Colmme,rcialy
�\\\\to MDR (Medium Density Residential)
� 1-0185
APN,,s,,: b3ii-010-0461 -0675 -080, -081, -084
Subject Properties
SOUTH pOWER CANAL RD
. .........