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Home My WebLink About21-008TO COMMERCIAL AND MAKING FINDINGS TO AMEND THE ZONING MAP FROM HI (HEAVY INDUSTRIAL) T GC (GENERAL COMMERCIAL) FOR LANDS IN THE UNINCORPORATED AREA OF BUTTE COUNTY I WHEREAS, JlatnderKu|kar(Project Applicant) is proposing aGeneral Plan Amendment /GPA2O-03O21and Rezone (REZ20'0001) in accordance with Butte County Code Chapter 24`Article V|, Division 4(Zoning Ordinance Amendmnents), and Division S(General Plan Annendments);and WHEREAS, the Jatinder Ku|kar proposal encompasses a 179 -acre parcel Parcel Number 021-170-052) located atthe southwestern corner of the West Liberty Route 99signalized intersection south ofthe City of Gridley, in the unincorporated area of Butte County; and WHEREAS, GPA201-0002 amends the County's General Plan Land Ulse Map on the 1.79 acre parcel with APN 021- 17O-O5Ifrom Industrial (1)tuCommercial (C);and WHEREAS, HEZ2Q-0Q01amends the County's Zoning Map onthe 1.79acre parcel with APNO21-170~O52from H| (Heavy Industrial) &oGC(General Cormnlercia|);and WHEREAS, a Section 15061 (b) /31 Exemption ("Common Sense") is recommended in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, at a noticed pub�|ic hearing on October 22, 2820, the Planning Commission recommended that the Board of Supervisors adopt the CEQA Exemption Declaration and approve General Plan Amendment GPA20-000�2(Ku|lar) and Rezone REZ28'00O1(Resolution No. PC2O'141;and WHEREAS, said applications were referred to various affected public and private agencies, County departments, and referral agencies for review and comments. NOW, THEREFORE, BE IT RESOLVED, that the Butte County Board of Supervisors hereby takes the following actions and makes the following finding: 1Adopts the CEQA Exemption Declaration with the following finding: In compliance with CEQAGuidelines Section 15061 /bV3) Common Sense Exemption, this project is exempt from [EQA review. The Cgnornom Sense Exemption stipulates that CE[HA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect nnthe environment, the activity isnot subject toCEQA. The Board finds an exemption appropriate because the allowed and conditionally allowed uses in the GC zone are less intensive than the uses allowed and conditionally allowed in the HI zone. Future conditionally allowed uses in the GC zone would be subject to a conditional use permit, and assessed for project specific impacts at that time. Other factors contributing to an exemption include: 1) Analyzing the California Natural Diversity Database staff found that the parcel did not fall within any identified range or area of sensitive species or habitats; 2) The parent parcel is not within a deer herd migration overlay, scenic resource, scenic highway overlay, nor is it located within Agricultural Land; 3) The site has been disturbed and does not contain any cultural resources, nor is it near or adjacent to any creek or waterway, it does not contain oak woodlands, has been previously developed, is relatively flat; 4) The parent parcel is not located within the Watershed Protection Overlay zone, nor is it near any identified fault lines, there is a very low risk of landslide and erosion hazard potential; 5) The parent parcel is not located in FEMA flood zone (zone "X" or undefined/unshaded/not applicable). The Board finds a "Common Sense" exemption appropriate because the allowed and conditionally allowed uses in the GC zone are less intensive than the uses allowed and conditionally allowed in the HI zone. Future conditionally allowed uses in the GC zone would be subject to a conditional use permit, and assessed for project specific impacts at that time. The Board therefore finds with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and is not subject to CEQA. 2. Adopts General Plan Amendment (GPA20-0002) amending the General Plan Land Use Map from Industrial to Commercial, as set forth in Exhibit A, and subject to the following findings in Butte County Code Article VI, Division 5, section 24-282: i. The proposed General Plan Amendment is in the public interest. The 1.72 -acre project parcel has not been developed with Industrial uses and, based on the parcel's location and high visibility, is more conducive to commercial development. A high-quality commercial facility will improve the gateway entering Gridley from the south and may encourage more commercial investment on the parcel and in the area. H. The proposed General Plan Amendment is consistent and compatible with the rest of the General Plan. The project is consistent with the Goals and Policies of the General Plan based upon a consistency review provided in the October 22, 2020 Planning Commission staff report, and as referenced under this Resolution. iii. The potential effects of the proposed General Plan Amendment have been evaluated and have been determined not to be detrimental to the public health, safety, or welfare. The proposed General Plan Amendment will allow far General Commercial uses. Project analysis has determined thatthe project will not create a detriment to the public health, safety, or welfare. iv. The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and CEQA. The proposed project was reviewed and found to be in accordance with the California Government Code. Staff recommends exemption through CEQA Section 15061 (b) (3), "Common Sense" exemption for projects that do not pose significant or potential impacts to the environment. 3. Makes findings for Rezone (REZ20-0,001) amending the Zoning Map from Heavy Industrial to General Commercial as set forth in Exhibit B, and subject to the following findings in Butte County Code Article V1, Division 4, section 24-275 k & C.: vote: Findings of consistency with the criteria to amend the zoning map for a 1.79 acre parcel with APN 021-170-052 from HI (Heavy lndustrial) to GC (General Commercial) as follows: 1. The proposed amendment is consistent with the General Plan and any applicable community or specific plan as provided by Government Code Section 658,60. The project was review and analyzed, and based on the included findings and review of applicable General Plan Goals and Polices, it is consistent with the General Plan. The project parcels are not part of a community or specific plan. 2. The proposed amendment willl not be detrimental to the public interest, health, safety, or welfare of the county. The proposed General Plan Amendment will allow for a change of Industrial to Commercial. Project analysis has determined that the General Plan and Zone change will not create a detriment to the public health, safety or welfare. 1 The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the proposed uses and development will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties, and the community at large. There is no development proposal at this time. However, the Zoning Ordinance ensures that future design, location, shape, and size characteristics are met. The proposed designation of Commercial is appropriate given the location of the parcel and will not endanger, jeopardize, or otherwise constitute hazard; to the property, surrounding properties and the community at large. PASSED AND ADOPTED by the Butte County Board of Supervisors this 12th day of January, 2021, by the following AYES: Supervisor Lucero, Ritter, Kimmelshue, Teeter, and Chair Connelly NOES: None ABSENT: None ABSTAIN: None -ai& cp�A Bill Connelly, Chair U Butte County Board of Supervisors ATTEST: Andy Pickett, Chief Administrative Officer and Clerk of the Board of Supervisors By: Deputy 411 EXHIBITA: GENERAL, PLAN MAP Wu GPA20-002/REZ20-000 I (Kullllar)l 0 150 00 6100, 900 11,2 EXHIBIT B. ZONE MAP