HomeMy WebLinkAboutA22-0003_Inconsistency_Letter Department of Development Services Paula M. Daneluk, AICP, Director
Curtis Johnson, Assistant Director
7 County Center Drive T: 530.552.7601
Oroville, California 95965 F: 530.538.7785
September 21, 2022
Mr. Alan Harlan
7614 N. Fresno St. #102
Sacramento, CA 95827
Subject: BCALUC Consistency Review (A22-0003) for a General Plan Amendment, Rezone and Tentative
Subdivision Map (Feather River Subdivision - 172 lots) on APN: 030-230-098
Dear Mr. Harlan:
On September 21, 2022, the Butte County Airport Land Use Commission (BCALUC) held a consistency review hearing
for the proposed projects, General Plan Amendment (from Airport Business Park to Medium Low Density Residential),
Rezone (from ABP to R-1), and a 172 lot subdivision on a 49.77 acres. The project parcel is within both B1 and B2
Compatibility Zones of the Oroville Municipal Airport. The maximum density allowed in the B1 Compatibility Zone is
0.1 dwelling units per acre (10-acre minimum parcel size), while in the B2 Compatibility Zone is 0.2 dwelling units per
acre (5-acre minimum parcel size). The project’s proposed overall density is 3.82 dwelling units per acre. Based on
the project’s density, the BCALUC found the referenced project to be inconsistent with the Butte County Airport Land
Use Compatibility Plan based on the following:
1. The proposed project residential density in the B1 portion of the parcel is 3.74 aces (134 dwelling units/35.82
acres), which is not consistent with Compatibility Zone B1 density of less than or equal to 0.1 dwelling units
per acre.
2. The proposed project residential density in the B2 portion of the parcel is 4.15 aces (38 dwelling units/9.15
acres), which is not consistent with Compatibility Zone B2 density of less than or equal to 0.2 dwelling units
per acre.
If you decide to proceed with the project, it will go through a public hearing process to the Oroville Planning
Commission. But in order for the project to be approved, an overrule will need to be approved by the Oroville City
Council. The overrule will require findings to be consistent with the purposes of Article 3.5 of Chapter 4 of the State
Aeronautics Act as stated in Section 21670 of the Public Utilities Code ("PUC"). (PUC § 21676.5(a).) I have attached
the 2011 California Airport Land Use Planning Handbook, Section 5.5, Overruling ALUC Decisions.
Should you have any questions regarding this matter, please contact me at 552-3683, between 8:00 a.m. and 4:00
p.m., Monday through Friday, or by email at mmichelena@buttecounty.net.
Sincerely,
Mark Michelena
Senior Planner
Cc. Michael Stolty
Wes Ervin, Planner, City of Oroville
Enc. 2011 California Airport Land Use Planning Handbook, Section 5.5, Overruling ALUC Decisions
buttecounty.net/dds