Butte County Board of Supervisors September 13, 2016 PUBLIC HEARING County Initiated General Plan & Zoning Ordinance Amendments Butte County Department of Development Services

Today’s Actions: General Plan Land Use and Zoning Map Amendments (4) Zoning Ordinance Text Amendment (2) EIR Addendum prepared for GPA and Zoning Ordinance Amendments

Project Background Butte County General plan was adopted on October 26, 2010, after a four-year comprehensive update process On November 6, 2012, County-initiated General Plan Amendment to address a variety of needed updates to the General Plan. The Zoning Ordinance was also comprehensively updated at this time Further County-initiated amendments to the Zoning Ordinance have taken place in 2013 and 2015 to further address updates, corrections and issues that have arisen since the Zoning Ordinance’s adoption in 2012. This latest set of 2016 County-Initiated General Plan Map Amendments, Rezones and Text Amendments are also proposed to address corrections and issues that have been identified by staff.

Post General Plan 2030 Adoption Strategy Set forth via Resolution in the Action Plan for GP 2030 Used to address corrections to the General Plan, recognizing that the General Plan is a living, dynamic and comprehensive document Under Board direction, the County would be responsible for preparing and initiating a General Plan Amendment for consideration by the Planning Commission and Board of Supervisors, in accordance with Section 65358 of the Government Code. 

Recommended Actions Approve an EIR Addendum pursuant to the California Environmental Quality Act (CEQA), as set forth in the Resolution, and authorize the Chair to sign; and, Adopt amendments to the Butte County General Plan Land Use Map as set forth in the Resolution, and authorize the Chair to sign; and, Adopt an Ordinance amending Chapter 24. Zoning Ordinance and amending the official Zoning Map, and authorize the Chair to sign.

California Environmental Quality Act (CEQA) Review EIR Addendum An EIR Addendum was prepared and is recommended for approval for the proposed project in accordance with CEQA. This document serves as an addendum to the previously certified General Plan Environmental Impact Report and Supplemental Environmental Impact Report for the Butte County General Plan and Zoning Ordinance. As demonstrated in the environmental analysis provided in Section 3.0 (Environmental Analysis) of the attached EIR Addendum, the proposed General Plan Amendment and Zoning Ordinance Amendments do not meet the criteria for preparing a subsequent EIR or negative declaration. An addendum is appropriate here because, as explained in Section 3.0, none of the conditions calling for preparation of a subsequent EIR or negative declaration have occurred.

Tribal Consultation Invitations to consult on the proposed General Plan Amendment were provided to local Butte County tribes as listed by the Native American Heritage Commission in accordance with California Government Code § 65352.3. Applicable tribes were provided a letter and a description of the proposed General Plan Amendment. As a result of this invitation no further comment or request for additional consultation was received concerning the General Plan Amendment.

Planning Commission Actions At the June 30, 2016 hearing the Planning Commission acted to recommend approval of the Vineyard Lane, Enter Avenue, East Oroville Foothills, the Zoning Ordinance Text Amendments, and EIR Addendum. The Planning Commission continued the Lundberg Family Farms and Pent Road Rezone to July 28, 2016. Concern was expressed by one commissioner that it was not appropriate to consider these items as a county-initiated amendment to the General Plan land use map; that the landowner should be responsible for initiating the amendment and that the AS designation did not fit the residential uses taking place. Planning Commission voting regarding these items resulted in a 2-1 approval recommendation, which did not constitute a legal majority. The item was continued to July 28, 2016 for further consideration, where the Lundberg Family Farms Amendment was recommended for approval on a 4-1 vote; and, the Pent Road Rezone was recommended for approval on a 3-2 vote.

General Plan Land Use Map Amendments

Overview of GP Land Use Map Amendments Lundberg Family Farms. A General Plan Amendment and Rezone from Medium Density Residential (MDR) to AS (Agriculture Services) Vineyard Lane. A General Plan Amendment and Rezone from GC (General Commercial) to VLDR (Very Low Density Residential). Enter Avenue. A General Plan Amendment and Rezone from AG (Agriculture) to LI (Limited Industrial) East Oroville Foothills. A General Plan Amendment and Rezone from LDR (Low Density Residential, allowing up to 3 dwelling units/acre) to VLDR (Very Low Density Residential, 1-acre minimum parcel size).

Lundberg Family Farms GPA

Lundberg Farms GPA Lundberg Farms participated in the General Plan Update process The Lundberg site was identified early in the General Plan process as a site appropriate for the AS zone Lundberg’s plans included acquiring additional property adjacent to their facility. Lundberg was in the process of developing their corporate offices during the time of the General Plan’s adoption in 2010 and the Zoning Ordinance Update in 2012 At that time, staff indicated that the additional lands could be included in the AS zone at a future point when plans had been finalized. The current amendment matches the plans for the Lundberg corporate campus

Vineyard Lane GPA Amendment will more accurately reflect the existing residential use

Enter Avenue GPA Erroneously zoned AG Previous RR R-O-W

Findings pursuant to Zoning Ord. Section 24-14 (E) Rezoning of Agricultural Lands. The rezoning of land zoned AG or AS to a different zone shall be allowed only if all of the following criteria are met in addition to all applicable Zoning Ordinance Map Amendment requirements specified in Article VI, Division 6 (Zoning Ordinance Amendments): The parcels for which rezoning is requested ("subject parcels") are adjacent to uses other than agriculture or agricultural support uses. The rezoning will not be detrimental to existing agricultural operations. The subject parcels are adjacent to existing development or urban infrastructure and conversion will constitute a logical contiguous extension of a designated urban area.

Findings pursuant to Zoning Ord. Section 24-14 (E) No feasible development alternative exists that is less detrimental to agriculture. Full mitigation of impacts to the extent allowed under the law is provided, including, but not limited to, roads, drainage, schools, fire protection, law enforcement, recreation, sewage, and lighting, as established by the Board of Supervisors. The subject parcels are not subject to a contract with the County pursuant to the Williamson Act. The rezoning will not otherwise interfere with a Butte County General Plan policy, including the Chico Area Green line policies.

Staff Direction on Findings Staff recommends that these findings not be required in the case of the Enter Avenue Rezone, due to the corrective nature of this county-initiated rezone. The area is a fragment of historical railroad right-of-way, which was erroneously zoned Agriculture. It is surrounded by non-AG zoning and is not considered urban land under the State’s Farmland Mapping Program. The Post General Plan 2030 Adoption Strategy provides the direction for staff to recommend these corrections with Board of Supervisors concurrence.

East Oroville Foothills GPA

East Oroville Foothills GPA LDR (3 d.u./ac) to VLDR (1 d.u./ac) June 22, 2015 Community Meeting –supported VLDR zone over RR zone Amendment will more accurately reflect rural land uses, development patterns, and lack of sewer service Agricultural uses would be supported under the VLDR zone Wineries are not a permitted use in either the LDR or VLDR zone; existing permitted wineries would continue to be grandfathered

Zoning Ordinance Amendment and Text Amendments

Overview of Zoning Ordinance Map and Text Amendments Rezone from AG-40 to AG-20 for Pent Road Parcels Text Amendment for Mixed Use Zone allowing Gas and Service Stations with a MUP and Public and Mini Storage with a Use Permit

Pent Road Zoning Map Amendment

Pent Road Zoning Map Amendment Proximity to other lower density zoning Adjacent parcels along the Pent Road corridor average 12 acres in size 20-acre minimum migratory deer herd range

Pent Road Rezone Topography

Findings pursuant to Zoning Ord. Section 24-14 (F) Rezoning from Larger to Smaller Agriculture Sub-Zones. In order to preserve the viability of agricultural operations in Butte County, special criteria shall be met prior to the rezoning of parcels from one (1) AG sub-zone to another AG sub-zone that allows a smaller minimum parcel size (e.g., rezoning from AG-40 to AG-20). The Board of Supervisors may approve an application for such a rezoning only if all of the following criteria are met in addition to all applicable Zoning Ordinance Map Amendment requirements specified in Article VI, Division 6 (Zoning Ordinance Amendments):

Findings pursuant to Zoning Ord. Section 24-14 (F) The rezoning complies with Agricultural Buffer requirements as outlined in Article III, Division 7 of the Zoning Ordinance and Butte County General Plan Agriculture Element Policy 5.3, and all other applicable General Plan policies. Building site envelopes allowed for by the rezoning can be accommodated in compliance with all Agricultural Buffer requirements. The applicant has prepared and committed to implement an Agricultural Production and Stewardship Plan that details how the property will be kept in commercial agricultural use. The Plan shall show how the property will be planted with crops, orchards, vineyards, or utilized for grazing and animal production. The Plan shall specify agricultural infrastructure and facilities, including a production water source, irrigation, fences, and farm worker housing if needed. The Plan shall be reviewed by the County Agricultural Commissioner to verify that it will sustain farming practices and maximize agricultural compatibility.

Findings pursuant to Zoning Ord. Section 24-14 (F) For identified flood hazard areas, building site envelopes shall be located outside of the flood hazard area. Development permits will be prohibited within flood hazard areas unless findings based on substantial evidence provided by the owner show that development meets current government standards for flood protection. Some flood hazard areas may be removed from FEMA maps by requesting a change with the National Flood Insurance Program. For areas of high erosion as identified by Butte County General Plan 2030 Figure HS-5 —Erosion Hazard Potential, the residential density allowed by the rezoning shall not increase sediment load or erosion characteristics on or off the subject parcels. The reduced parcel size meets the terms specified under any applicable Williamson Act Contract.

Staff Direction on Findings Staff recommends that these findings not be required in the case of the Pent Road Rezone, due to the corrective nature of this county-initiated rezone. This area has been subject to previous corrections due to the challenging mix of residential, rural, and agricultural land uses along the Pent Road corridor. The Post General Plan 2030 Adoption Strategy provides the direction for staff to recommend these corrections with Board of Supervisors concurrence.

Zoning Ordinance Text Amendments Table 24-22-1, Permitted Land Uses in the Commercial and Mixed Use Zones. Allow Gas and Service Stations as a use permitted with a Minor Use Permit in the Mixed Use Zone. Allow Public/Mini Storage as a use permitted with a Use Permit in the Mixed Use Zone. Removal of duplex units: GP and Zoning does not allow multiple-family dwellings in MDR.

Zoning Ordinance Text Amendments Brought to the attention of staff by a property owner who wished to pursue the development of a gas and service station and a public/mini storage in the Mixed Use zones (MU-1, MU-2, and MU-3) Because both the Gas and Service Station and Public/Mini Storage uses potentially provide compatibility issues within this zone, staff recommends that each use be subject to a use permit process

GP Land Use Map Amendments (also Zoning Map Amendments) Lundberg Family Farms. A General Plan Amendment and Rezone from Medium Density Residential (MDR) to AS (Agriculture Services) Vineyard Lane. A General Plan Amendment and Rezone from GC (General Commercial) to VLDR (Very Low Density Residential). Enter Avenue. A General Plan Amendment and Rezone from AG (Agriculture) to LI (Limited Industrial) East Oroville Foothills. A General Plan Amendment and Rezone from LDR (Low Density Residential, allowing up to 3 dwelling units/acre) to VLDR (Very Low Density Residential, 1-acre minimum parcel size).

Questions and Answer Period Board of Supervisors Questions and Answer Period

Board of Supervisors Public Comment

Recommended Board Actions Approve an EIR Addendum pursuant to the California Environmental Quality Act (CEQA), as set forth in the Resolution, and authorize the Chair to sign; and, Adopt amendments to the Butte County General Plan Land Use Map as set forth in the Resolution, and authorize the Chair to sign; and, Adopt an Ordinance amending Chapter 24. Zoning Ordinance and amending the official Zoning Map, and authorize the Chair to sign.