Loading...
HomeMy WebLinkAbout23-133BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA 71 Resolution No. 23-133 A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS AMENDING THE LAND USE MAP OF THE COUNTY'S GENERAL PLAN FROM VERY LOW DENSITY RESIDENTIAL TO AGRICULTURE SERVICES, APPROVING MINOR USE PERMIT (MUP23-0001), AND APPROVING TENTATIVE PARCEL MAP (TPM23-0002) AT CERTAIN REAL PROPERTY AT 9412 JONES AVENUE, IN THE UNINCORPORATED AREA OF BUTTE COUNTY; ASSESSOR PARCEL NUMBER 040-180-041 WHEREAS, the Butte County Farm Bureau (Applicant) proposes a General Plan Amendment (GPA23-0001), Rezone (REZ23- 0001), Minor Use Permit (MUP23-0001), and Tentative Parcel Map (TPM23-0002) to construct and operate a 5,000 square foot private meeting hall and offices on a 1.64-acre portion of a 4.92-acre parcel at a certain real property located at 9412 Jones Avenue, on the northeast corner of Jones Avenue and Durham -Dayton Highway, 1,500 feet east of Midway, in the unincorporated community of Durham; Assessor Parcel Number: 040-180-041; and WHEREAS, this proposed General Plan Amendment and Rezone encompasses the entire 4.92-acre parcel and would amend the County's General Plan land use map and the County's Official Zoning Map from Very Low Density Residential (VLDR) to Agriculture Services (AS); and WHEREAS, the General Plan Amendment and Rezone applications were filed in accordance with Butte County Code Chapter 24, Article VI, Division 4 (Zoning Ordinance Amendments), and Division 5 (General Plan Amendments); and WHEREAS, the proposed Tentative Parcel Map would subdivide the 4.92-acre project site into four parcels of 1.64 acres (Parcel 1), 1.0 acre (Parcel 2), 1.0 acre (Parcel 3), and 1.0 acre (Parcel 4) with the proposed construction and operation of the Private Meeting Hall and Office development to be sited solely on Parcel 1; and WHEREAS, an Initial Study and Mitigated Negative Declaration were completed for the project in compliance with the California Environmental Quality Act and circulated for public review and comment for 30 days starting July 13, 2023, through August 11, 2023; and WHEREAS, said applications were referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, at a noticed public hearing on September 28, 2023, the Planning Commission recommended that the Board of Supervisors adopt the Mitigated Negative Declaration and approve this General Plan Amendment, Rezone, Minor Use Permit, and Tentative Parcel Map (Resolution No. PC23-15); and WHEREAS, the Board of Supervisors held a duly notice public hearing on October 24, 2023, and has considered public comments received and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED that the Butte County Board of Supervisors hereby: Adopts the Mitigated Negative Declaration with the following findings: 1. The Initial Study was completed in compliance with the California Environmental Quality Act. Said Study identified significant environmental effects and included mitigation measures to mitigate such effects below significant levels. 2. The Board of Supervisors has considered the Mitigated Negative Declaration, together with comments received during the review process. 3. On the basis of the whole record before the Board of Supervisors, including the environmental document and any comments received, there is no substantial evidence that the project, with conditions and mitigations here attached, would have a significant effect on the environment. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville, CA 95965. 4. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Adopts a General Plan Amendment (GPA23-0001), as shown in Exhibit A, with the following findings in Butte County Code Article VI, Division 5, section 24-275: 1. The proposed General Plan Amendment is in the public interest. 2. The proposed General Plan Amendment is consistent and compatible with the rest of the General Plan. 3. 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. 4. The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and CEQA. III. Approves Minor Use Permit MUP23-0001, subject to the conditions in Exhibit B and the following findings in Butte County Code section 24-222: 1. The proposed use is allowed in the applicable zone. Private Meeting Halls are permitted in the AS zone with the approval of a Minor Use Permit processed in compliance with BCC 24-217. 2. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. The location, size, and design of the Project will not result in any significant impact on the viewshed, character, or nature of the adjacent land uses or the growth and development of the project area. 3. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The Project was reviewed by applicable State and local agencies and departments, including Butte County Departments of Public Works, Public Health, and Fire. The granting of the minor use permit under the conditions imposed will ensure that the Project will not be detrimental to the health, safety, and welfare of the general public. 4. The proposed use is properly located within the county and adequately served by existing or planned services and infrastructure. The project site meets applicable criteria for the proposed development. The Butte County Department of Public Works, Department of Development Services, Division of Environmental Health, and Butte Fire have reviewed the development and found that the project meets applicable requirements. 5. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. The project is located on a property with physical characteristics capable of accommodating the proposed use consistent with County requirements, including setbacks, parking standards, and landscaping. IV. Approves Tentative Parcel Map TPM23-0002, subject to the conditions in Exhibit C and the following findings: 1. The project is consistent with the AS (Agriculture Services) zone and the Agriculture Services General Plan Land Use designation. The division will enable the creation of parcels 20,000 square feet in size and larger capable of supporting agricultural and agricultural support land uses permitted in the AS zone. General Plan Goals and Policies applicable to the project are identified in the General Plan Consistency Review table in the agenda report. The findings in the table concluded that the project is consistent with each applicable goal and policy. The project is also consistent with the Durham -Dayton -Nelson Plan and policies associated with development within the Urban Reserve Area, including the extension of water infrastructure for the development of parcels less than 3 acres in size. 2. The design and improvements of the proposed parcel map are consistent with the County's standards and policies, provided all conditions of project approval are complied with. Each resultant lot conforms to the applicable design and improvement standards in Butte County Code Chapter 20 and the Butte County Improvement Standards, including standards established for on -site sewage disposal, domestic water, and access. 3. The project site is physically suitable for the type and density of the proposed development. Each lot's size and configuration allow future development consistent with zoning and are physically capable of supporting agricultural and agricultural support land uses permitted by the zoning designation. 4. The design and improvements of the project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The Project was evaluated through an Initial Study prepared under the California Environmental Quality Act. The study did not identify any significant adverse environmental impacts caused by the Project, provided that recommended mitigation measures are incorporated into the Project. 5. Approval of this project will not be detrimental to the public health, safety, and welfare. The Project has been reviewed by County, local, and State agencies for consistency with regulations established to protect the public's health, safety, and welfare, including regulations relating to sewage disposal, domestic water, and access. Conditions are included with the Project to ensure that the Project will not be detrimental to the public. 6. The design and improvements of the project will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, provided the attached conditions are met. A review of the preliminary title report for the subject property did not identify any public access easements that would conflict with the project's proposed design. PASSED AND ADOPTED by the Butte County Board of Supervisors this 24th day of October 2023 by the following vote: AYES: Supervisor Durfee, Ritter, Teeter and Chair Kimmelshue NOES: None ABSENT: Supervisor Connelly NOT VOTING: None _ Tod Kirfimelste, Chair Butte County oard of Supervisors ATE y B .i�llt.�(Lfa d:k, . Andy Pickett, Chief Administrative Officer and Clerk of the Board of Supervisors