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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 . .........