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HomeMy WebLinkAbout42121 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ordinance No. 4212 AN ORDINANCE TO AMEND CHAPTER 24 OF BUTTE COUNTY CODE, ENTITLED "ZONING," MAKING THE FOLLOWING AMENDMENTS TO THE OFFICIAL ZONING MAP: A REZONE FROM VLDR (VERY LOW DENSITY RESIDENTIAL) TO LI (LIGHT INDUSTRIAL) FOR THE EASTERN 3.55 ACRE PORTION OF ASSESSOR PARCEL NUMBER: 040-030-104 The Board of Supervisors of the County of Butte ordains as follows: Section 1. Findings: Findings of consistency with the criteria to amend the zoning map for a 3.55 acre eastern portion of parcel with APN 040--030-104 from VLDR (Very Low Density Residential) to LI (Light Industrial) 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 65860. The project was reviewed 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 will not be detrimental to the public interest, health, safety, or welfare of the county. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Project analysis has determined that the General Plan and Zone change will not create a detriment to the public health, safety or welfare. 3. 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. The Zoning Designation will ensure that design, location, shape, and size characteristics are met. The proposed designation of Light Industrial is appropriate given the location of the parcel and will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties and the community at large. Section 2. Zoning Map Amendment. Chapter 24 of the Butte County Code and the Official Zoning Map is amended to rezone a 3.55 acre portion of Assessor Parcel Number: 040-030-104 from VLDR (VERY LOW DENSITY RESIDENTIAL) to LI (LIGHT INDUSTRIAL) as shown under "EXHIBIT A", incorporated herein by reference. Section 3. CEQA. In compliance with CEQA Guidelines Section 15074, the Board of Supervisors adopts the Initial Study/Negative Declaration (IS/ND). The Board has considered the proposed negative declaration together 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with any comments received during the public review process. The Board finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant leffect on the environment and that the negative declaration reflects the Board's independent judgment and analysis. Section 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by la court of competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the Ordinance which can be given effect without the invalid provision or application thereof. Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish this Ordinance before the expiration of fifteen (15) days after its passage. This Ordinance shall be published once, with the names of the members of the Board of Supervisors voting for and against it, in a newspaper of general circulation published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 9th day of November, 2021 by the following vote: 3 1 2 3 4 5 6 V 8 9 10 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 AYES: Supervisors L,ucero, Ritter, Kimmelshue, Teeter and Chair Connelly NOES: None ABSENT: None Bill Connelly, Chaick Butte County Board of Supervisors ATTEST: ANDY PICKETT, Chief Administrative Officer and Clerk of the Board of Supervisors By: o' deputly' 4