1. Durham Villas Planned Unit Development TSM10-0001 & REZ10-0001 Morris Bud Keeney Butte County Board of Supervisors December 11, 2012

2. Applications:  Tentative Subdivision Map: Phased Tentative Subdivision Map to divide a ±118 acre property into 141 single-family residential parcels ranging in size from 5,284 SF to 212,152 SF, and various lettered lots for open space and community uses.  Rezone: Rezone the ±118 acre property from A-5 to Planned Unit Development (PUD). Note: The property is zoned VLDR (Very Low Density Residential – one-acre minimum effective December 8, 2012.

3. Aerial

4. Surrounding Land Uses

5. Adopted Zoning

6. TSM 10- 0001

7. Proposed Project  Divide a +/-118 acre property into 141 single-family residential parcels ranging in size from 5,284 SF to 212,152 SF, and various lettered lots for agricultural, open space and community uses.  140 residential lots are proposed to have a range of one-story single-family homes that will incorporate high energy efficiency, rooftop photovoltaic electricity generation, and accessibility features intended to meet the needs of active senior residents.  Maintenance of ±58-acres of the existing almond orchard in production intended to help minimize the loss of prime agricultural lands, provide passive open, and minimize issues regarding the compatibility between the proposed residential development with the industrial uses and the UPRR to the west of the subject property.

8. Analysis General Plan & D2N Plan  Subject property is designated Very Low Density Residential (VLDR, 0.2 to 1 du/ac) in the General Plan.  Project is within the “Urban Reserve” portion of Durham as identified in the 1992 Durham-Dayton-Nelson (D2N) Plan and the Area and Neighborhood Plans Element of the General Plan.  An Urban Reserve Policy has been adopted “in recognition of the need to balance competing land uses such as agricultural versus residential.”

9. Analysis (Continued) D2N Urban Reserve Policy Statement:  All property located in the planning area shall be managed as an “URBAN RESERVE,” not permitting rural residential development and uses on parcels less than 3 acres until such time as they are needed for development and adequate services are available to serve this area; and  Any proposal for a General Plan Amendment, rezoning or subdivision which would permit parcels of less than 3 acres to be created for residential use shall be coordinated with all public agencies which provide utility and public services for extension of water, sewer, circulation, drainage and shall be required to submit plans prior to or concurrently with the adoption.

10. Analysis Flood Zones

11. Analysis (Continued) Density Bonus  Applicant has proposed that Durham Villas PUD be an active senior (age 55+) community (i.e. senior citizen housing development).  Butte County is required to grant a density bonus under Government Code in exchange for restricts on occupancy of the homes under the Civil Code to qualifying residents.  The density bonus provided is an increase of 20% over the maximum allowable residential density under the Zoning Ordinance and General Plan.  The maximum density for the property under this scenario is 141 units.

12. Analysis (Continued) Community Services District (CSD)  The project would form a CSD, subject to approval by the Butte Local Agency Formation Commission (LAFCO).  The CSD is intended to provide: Wastewater collection, treatment and disposal; Domestic and fire suppression water supply system; Park ownership and maintenance; Community center ownership and maintenance; and Ownership and maintenance of public open space and the elevated pedestrian/bike path.

13. CEQA Initial Study – Draft Mitigated Negative Declaration  In compliance with CEQA Guidelines Section 15073(a), an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared and circulated for a 30-day public review.  The Initial Study prepared for this project determined that there may be potential environmental impacts to the following areas: -Agriculture -Air Quality -Biological Resources -Cultural Resources -Greenhouse Gas Emissions -Hydrology/Water Quality -Land Use Planning -Noise -Transportation/Traffic -Utilities/Service Systems

14. Public Comments Public Comments to the Planning Commission:  Numerous public comments were received. Substantive comments included:  Potential impacts to groundwater quality as a result of treated effluent released by the proposed community wastewater system;  Traffic impacts / traffic safety;  Loss of identified prime agricultural lands, including impacts to surrounding agricultural operations;  Project would result in greenhouse gas emissions in excess of the thresholds of significance in the CEQA Guidelines;

15. Public Comments (Continued)  Impacts to Durham’s community character and quality of life from this level of growth.  Butte County Air Quality Management District commented after the PC Hearing that the Draft IS/MND’s “air quality analysis is insufficient to make a determination regarding significant impacts.”  Under the CEQA fair argument standard, an EIR must be prepared whenever it can be fairly argued, based on substantial evidence in the administrative record, that a project may have a significant adverse effect on the environment.

16. Recommendation Planning Commission: Deny the Durham Villas Planned Unit Development project (Tentative Subdivision Map TSM10-0001 and Rezoning REZ10- 0001 for Morris “Bud” Keeney) based upon water supply, agricultural impacts, land use conflicts with adjacent properties; traffic safety; and public services issues. Staff: Find, on the basis of substantial evidence in the record, a fair argument has been raised that the Durham Villas Planned Unit Development may have an significant adverse environmental impact requiring the preparation of an EIR pursuant to the requirements of CEQA. Based upon this finding, remand this project to DDS Staff for the preparation of an EIR to be considered by the Planning Commission.