Butte County Board of Supervisors Agenda Transmittal

Transcription

1 Butte County Board of Supervisors Agenda Transmittal Clerk of the Board Use Only Agenda Item: 5.04 Subject: 2017 County Initiated Amendments to the General Plan land Use Map and Zoning Map Department: Development Services Meeting Date Requested: September 12, 2017 Contact: Tim Snellings/db Phone: Regular Agenda Consent Agenda Department Summary: (Information provided in this section will be included on the agenda. Attach explanatory memorandum and other background information as necessary). Summary of 2017 Amendments to the General Plan and Zoning Map 1. General Plan Amendment and Rezone from MHDR (Medium High Density Residential) to GC (General Commercial) to recognize an existing restaurant business located on a 4,800 (+/-) square foot lot in Durham (Assessor Parcel Number: ). 2. General Plan Amendment and Rezone from GC (General Commercial) to RR (Rural Residential) on a 2-acre parcel in Magalia (Assessor parcel Number: ). Summary of 2017 Text Amendments to the Zoning Ordinance 1. Religious Facilities in Agriculture Zones. Table Permitted Land Uses in the Agriculture Zone. Allow Religious Facilities in Agriculture zones through a Conditional Use Permit. 2. Freeway Signs in Agriculture Zones. Table of Article 20 (Signs), Section Permit Requirements, and Section (2). Allow Freeway Signs (maximum 100 square feet in size) with a Minor Use Permit in the Agriculture Zones along State Highways. 3. Vehicle Sales and Rental in Industrial Zones. Table Permitted Land Uses in the Industrial Zone. Allow for a Vehicle Sales and Rental use in the Industrial zones subject to a Minor Use Permit. 4. Setback Standards in VLDR (Very Low Density Residential) Zones. Table , Setback and Height Standards for Residential Zones. Amend the Setback standards in the VLDR zone by increasing the side and rear-yard setbacks in order to address concerns 5. Solar Canopy Standards. Table , Ground-Mounted Photovoltaic Panel Systems, Height, Parcel Size and Setback Standards. Amend to indicate that table standards do not apply to Solar Canopies and include new Section C. to address development standards for solar canopies in all zones. Fiscal Impact: Does not apply. Personnel Impact: Does not apply. Action Requested: 1. Approve an EIR Addendum pursuant to the California Environmental Quality Act (CEQA), as set forth in the resolution and authorize the Chair to sign; 2. Adopt amendments to the Butte County General Plan Land Use Map as set forth in the resolution and authorize the Chair to sign; and, 3. Adopt an Ordinance amending Chapter 24. Zoning Ordinance and amending the official Zoning Map and authorize the Chair to sign. Administrative Office Review: Casey Hatcher, Economic and Community Development Manager

2 Department of Development Services Tim Snellings, Director Pete Calarco, Assistant Director 7 County Center Drive T: Oroville, California F: buttecounty.net/dds Butte County Board of Supervisors AGENDA REPORT Butte County General Plan County Initiated General Plan Amendments & Zoning Ordinance Amendments Date: September 12, 2017 To: From: Subject: Butte County Board of Supervisors Tim Snellings, Development Services Director 2017 County Initiated Amendments to the General Plan Land Use Map, and Butte County Code Chapter 24. Zoning Ordinance and Map I. RECOMMENDATIONS (Three Motions) 1. Approve an EIR Addendum pursuant to the California Environmental Quality Act (CEQA), as set forth in the Resolution, and authorize the Chair to sign; 2. Adopt amendments to the Butte County General Plan Land Use Map as set forth in the Resolution, and authorize the Chair to sign; and, 3. Adopt an Ordinance amending Chapter 24. Zoning Ordinance and amending the official Zoning Map, and authorize the Chair to sign. II. BACKGROUND The Butte County General plan was adopted on October 26, 2010, after a four year comprehensive update process. On November 6, 2012, Butte County adopted a County initiated General Plan Amendment to the General Plan 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, 2015, and 2016 to address updates, corrections, and issues that have arisen since the Zoning Ordinance s adoption in This latest set of 2017 County Initiated General Plan Map Amendments, Rezones and Text Amendments are

3 also proposed to address corrections, legal compliance, and other issues that have been identified by staff. August 10, 2017 Planning Commission Hearing The Butte County Planning Commission held a public hearing on the proposed EIR Addendum and amendments on August 10, No public input or written comment was received concerning the proposed EIR Addendum or amendments. The Planning Commission voted unanimously to recommend approval of the proposed EIR Addendum and the amendments the General Plan and Zoning Ordinance to the Board of Supervisors. III. PROJECT DESCRIPTION AND ANALYSIS The following summarizes 1) the proposed two General Plan Land Use Map and Zoning Map Amendments, and 2) the proposed five Text Amendments to the Zoning Ordinance and discusses the reasons for these County initiated amendments. Complete mapping and text amendments are included in the attached Resolution and Ordinance. 1. General Plan Land Use and Zoning Map Amendments 1) General Plan Amendment and Rezone from MHDR (Medium High Density Residential) to GC (General Commercial) to recognize an existing restaurant business located on a 4,800 (+/ ) square foot lot in Durham (Assessor Parcel Number: ). A restaurant business has operated off and on for many years at this location. The proposed change in General Plan designation and zoning will more accurately reflect the current and historic use of the property. The property is adjacent to General Commercial zoning to the east and south, and obtains access from the Midway. Had this condition been known at the time of the General Plan 2030 update, the parcel would have been zoned GC. 2) General Plan Amendment and Rezone from GC (General Commercial) to RR (Rural Residential) on a 2 acre parcel in Magalia (Assessor parcel Number: ). Approximately 1.5 acres of this undeveloped 2 acre parcel is zoned GC, with the remaining 0.5 acre area being zoned RR. The property owner indicates that because this property does not front the Skyway, a major County arterial road, it is not feasible to develop with commercial uses. The commercial zoning that was implemented in this area goes back to 1982, and was intended to encourage commercial development along the Skyway. All of the other parcels that were assigned commercial zoning in this area have Butte County Board of Supervisors 2017 GP and Zoning Ord. Amendments September 12, 2017, Page 2 of 6

4 direct frontage on the west side of the Skyway, with the exception of one, which has access via a legal private road easement to the Skyway. The subject parcel has no access to the Skyway either through direct frontage or private road easement. Access is provided by frontage on Wycliff Way, a local collector road. Had this condition been known at the time of the General Plan 2030 update, the parcel would have been zoned RR, consistent with the parcel s other zoning. Development Services staff additionally works to avoid split zoned parcels due to the inherent land use issues that arise from having to administer two different sets of regulations on one parcel. 2. Zoning Ordinance Text Amendments 1) Allow religious facilities in Agriculture zones with a Conditional Use Permit. This Zoning Ordinance Amendment would amend Table Permitted Land Uses in the Agriculture Zone by allowing religious facilities subject to a Conditional Use Permit. Currently, religious facilities are not permitted in Agriculture zones while other uses involving the assembly of individuals are permitted by either a minor use permit or conditional use permit. This amendment would address an issue of the Zoning Ordinance s consistency with requirements of the Religious Land Use and Institutionalized Persons Act (RLUIPA). Under RLUIPA, a local government cannot exclude religious assemblies in places where they permit other places where large groups of people assemble for secular purposes, such as clubs, lodges, and private meeting halls. 2) Allow Freeway Signs (maximum 100 square feet in size) with a Minor Use Permit in the Agriculture zones along State highways. This Zoning Ordinance Amendment would amend Table , Allowed Signs in Agriculture and Natural Resource Zones, of Article 20 (Signs) to allow, subject to a Minor Use Permit, an onsite sign (at a maximum 100 square feet in size, and fronting on a state highway) that advertises a business providing a service primarily for the freeway motoring public, such as gas, food, or lodging. This type of freeway sign would be most often utilized by agricultural producers that offer on site agricultural product sales. This amendment would not allow off site advertising (billboards). 3) Allow for Vehicle Sales and Rental use in the Industrial zones subject to a Minor Use Permit. This Zoning Ordinance Amendment would amend Table of Article 8 (Industrial Zones) to allow Vehicle Sales and Rental in all industrial zones (Light Industrial, General Industrial, and Heavy Industrial) subject to a minor use permit. Currently auto, truck and heavy equipment sales and rentals are not permitted in Industrial zones. While this is a commercial use, other similar commercial uses are permitted in Industrial zones, Butte County Board of Supervisors 2017 GP and Zoning Ord. Amendments September 12, 2017, Page 3 of 6

5 such as Vehicle Repair, and Vehicle Service and Maintenance. Allowing Vehicle Sales and Rentals subject to a Minor Use Permit would allow this use to be considered on a caseby case basis. 4) Amend the Setback standards in the VLDR (Very Low Density Residential, 1 acre minimum parcel size) zone. This Zoning Ordinance Amendment would amend Article 6 (Residential Zones), Table Setback and Height Standards for Residential Zones. The proposed amendment is in response to concerns regarding a residence and storage building recently constructed in the Bell Muir neighborhood northwest of the City of Chico. The main concern was the massing of a structure built at the side yard setback line (5 for an interior side yard in the VLDR Zone). The new setbacks would address concerns regarding aesthetics and the intrusiveness of larger structures on neighbors. The rear yard setback line, currently required at 10 ft., is also considered for an increase under this amendment to address the same issue. Under this Amendment side yard and rear yard setbacks within the VLDR zone would be amended depending upon parcel sizes as shown under Table 1 below: Parcel Size (acres) Table 1 Primary and Accessory Structure Side and Rear Yard Setbacks in the VLDR Zone New Side Yard Setback Old Side Yard Setback New Rear Yard Setback Old Rear Yard Setback 1 20 ft. 5 ft. 20 ft. < 1 1/2 15 ft. 5 ft. 15 ft. < 1/2 1/4 10 ft. 5 ft. 10 ft. 10 ft. (5 ft. for accessory structures less than 15 ft. in height) < 1/4 5 ft. (no change) 5 ft. 10 ft. 5) New Development Standards for Solar Canopies in all Zones. A solar canopy is used to provide a structure that supports photovoltaic panels, and as a means to provide shade, cover, and storage for another use. Instead of depending on the pitch and orientation of a building s roof, a solar canopy system can be installed to capture as much sunlight as possible and maximize electrical output. Solar canopy Butte County Board of Supervisors 2017 GP and Zoning Ord. Amendments September 12, 2017, Page 4 of 6

6 structures allow for more air circulation around the solar panels, which perform better in cooler temperatures. They not only produce clean energy, but also provide shade for parked cars, and reduce the nighttime burn off caused by heat retaining asphalt and thermal heat islands in urban areas. Solar Canopies are built to a higher standard than what is used for traditional ground mounted solar panels because they must accommodate other uses underneath them. Solar facilities located above parking lots or other uses have been subject to standards set forth under Table Ground Mounted Photovoltaic Panel Systems, Height, Parcel Size and Setback Standards. The application of these standards to solar canopies is not currently provided for, which has caused permitting issues and discouraged solar development. This Zoning Ordinance Amendment would amend Table Ground Mounted Photovoltaic Panel Systems, Height, Parcel Size and Setback Standards, indicating the standards do not apply to solar canopies. A new section of the Zoning Ordinance would be added, Section C., which would describe what solar canopies are and indicate that height, setback, and development standards would be the same as provided for under Section Accessory Uses and Structures or as otherwise noted. Additionally Section B.6. would be amended to indicate that the requirement for landscaping in parking lots would be waived if 50 percent or more of the parking lot is covered by a solar canopy. Tribal Consultation Invitations to consult on the proposed General Plan Amendments were provided to local Butte County tribes as listed by the Native American Heritage Commission in accordance with California Government Code Applicable tribes were provided a letter and a description of the proposed General Plan Amendments. As a result of this invitation no further comment or request for additional consultation was received concerning the proposed General Plan Amendments. CEQA Review: EIR Addendum An Addendum to the previously certified General Plan Environmental Impact Report (SCH# ) and Supplemental Environmental Impact Report (GPA and Zoning Ordinance EIR, SCH# ) was prepared in accordance with the California Environmental Quality Act (CEQA) to address the environmental effects associated with the proposed project. As demonstrated in the environmental analysis provided in Section 3.0 (Environmental Analysis) of the Addendum, the proposed 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. Butte County Board of Supervisors 2017 GP and Zoning Ord. Amendments September 12, 2017, Page 5 of 6

7 IV. NEXT STEPS Upon adoption by the Board of Supervisors, the General Plan and Zoning Ordinance Amendments will become effective in 30 calendar days. Butte County Board of Supervisors 2017 GP and Zoning Ord. Amendments September 12, 2017, Page 6 of 6

8 Resolution No. A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS APPROVING AN EIR ADDENDUM; ADOPTING AMENDMENTS TO THE GENERAL PLAN LAND USE MAP FROM MHDR (MEDIUM HIGH DENSITY RESIDENTIAL) TO GC (GENERAL COMMERCIAL) FOR ASSESSOR PARCEL NUMBER IN MAGALIA AND FROM GC (GENERAL COMMERCIAL) TO RR (RURAL RESIDENTIAL) FOR ASSESSOR PARCEL NUMBER IN DURHAM WHEREAS, the Butte County General Plan 2030 (GP 2030) Update process was initiated by action of the Board of Supervisors, including the adoption of Resolution on May 23, 2006, which created the Butte County General Plan Citizens Advisory Committee and set in motion a process of holding public workshops and meetings regarding the County s GP 2030 Update; and, WHEREAS, on October 26, 2010 Butte County adopted a new General Plan, including a new General Plan Land Use Map (Resolution ); and, WHEREAS, the General Plan Final EIR (FEIR) (SCH # ) was certified on October 26, 2010 by the Butte County Board of Supervisors (Resolution ) and a Supplemental Final EIR SFEIR) (SCH # ) was certified on November 6, 2012 (Resolution ); and, WHEREAS, prior to the adoption of the new General Plan, Butte County embarked on a comprehensive update to the Butte County Zoning Ordinance ( Zoning Ordinance Update ), being a part of the overall Butte County General Plan 2030 project directed by the Board of Supervisors also referred to as Meeting Series #8, which involves a comprehensive update to the existing Butte County Zoning Ordinance; and, WHEREAS, on September 27, 2012 the Planning Commission made recommendations to the Board of Supervisors and on November 6, 2012 the Board of Supervisors adopted the Zoning Ordinance Update under Ordinance #4050; and, WHEREAS, from time-to-time County-initiated Amendments to the General Plan and Zoning Ordinance and their corresponding Official Maps are required to address a variety of needed updates including but not limited to corrections, legal compliance, and other issues that arise; and, WHEREAS, further County-initiated Amendments to the General Plan have taken place in 2012, 2014, 2015, and 2016, and to the Zoning Ordinance in 2013, 2015, and 2016 to further address updates, corrections, and issues that have arisen since the General Plan s adoption in 2010 and the Zoning Ordinance s adoption in 2012; and, WHEREAS, Butte County Development Services staff has identified two additional amendments to the General Plan Land Use Map; and, Page 1 of 4

9 WHEREAS, the Planning Commission held a duly noticed public hearing on August 10, 2017 and recommends approval of the proposed amendments; and, WHEREAS, the Butte County Board of Supervisors reviewed and considered the information in the FEIR and SFEIR described above, FEIR and SFEIR administrative record, staff reports, and all oral and written testimony presented to the Planning Commission; and, WHEREAS, the County complied with the requirements of the California Environmental Quality Act, Public Resources Code sections (CEQA) in approving the FSEIR; and, WHEREAS, the County has determined that the proposed amendments to the General Plan Land Use Map do not meet the criteria for preparing a subsequent or supplemental EIR under CEQA Guidelines Section 15162; and, WHEREAS, an Addendum to the General Plan FEIR and SFEIR has therefore been prepared pursuant to CEQA Guidelines Section for the proposed General Plan Land Use Map amendments, Zoning Map Amendments and Zoning Ordinance Amendments; and, WHEREAS, the Addendum provides analysis and cites substantial evidence that supports the County s determination that the proposed General Plan Land Use Map amendments, Zoning Map Amendments and Zoning Ordinance Amendments do not meet the criteria for preparing a subsequent or supplemental EIR under CEQA Guidelines Section including: 1) The proposed General Plan Land Use Map amendments, Zoning Map Amendments, and Zoning Ordinance Amendments would not cause a new significant impact or substantially increase the severity of a previously identified significant impact from the General Plan EIR or Supplemental EIR (CEQA Guidelines Section 15162[a][1]) that would require major revisions to either EIR. All impacts would be nearly equivalent to the impacts previously analyzed in the General Plan EIR and Supplemental EIR. Relatedly, the General Plan Land Use Map amendments, Zoning Map Amendments and Zoning Ordinance Amendments are not inconsistent with any of the General Plan policies intended to mitigate environmental impacts. 2) The proposed amendments to the General Plan Land Use Map, Zoning Map and Zoning Ordinance Amendments would not cause a new significant impact or substantially increase the severity of a previously identified significant impact, and there have been no other changes in the circumstances that meet this criterion. 3) As documented in Section 3.0 of the Addendum, there is no new information of substantial importance (which was not known or could not have been known at the time of the General Plan adoption in October 2010, or General Plan Amendment and Zoning Ordinance adoption in November 2012), that identifies: a new significant impact (condition A under CEQA Guidelines Section 15162[a][3]); a substantial increase in the severity of a previously identified significant impact (condition B CEQA Guidelines Section 15162[a][3]); mitigation measures or alternatives previously found infeasible that would now be feasible and would substantially reduce one or more significant effects of the General Plan; or mitigation measures or alternatives which are considerably different from those analyzed in the General Plan EIR which would substantially reduce one or more significant effects on the environment (conditions C and D CEQA Guidelines Section 15162[a][3]). NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby makes the following findings: 1. Notice of the Board of Supervisors hearing on the General Plan Land Use Map amendments, FEIR and SFEIR was given as required by law and the actions were conducted in accordance with CEQA, and the State CEQA Guidelines. Page 2 of 4

10 2. An Addendum was prepared that provides analysis and cites substantial evidence that support s the County s determination that the proposed amendments do not meet the criteria for preparing a subsequent or supplemental EIR under CEQA Guidelines Section All individuals, groups and agencies desiring to comment were given adequate opportunity to submit oral and written comments on the Amendments and the environmental review documents. These opportunities for comment meet or exceed the requirements of the Planning and Zoning Law and CEQA. 4. The Board of Supervisors was presented with all of the information described in the recitals and has considered this information in adopting this resolution. 5. The proposed Adoption of the Amendments is consistent and compatible with the General Plan and any applicable community or specific plan as provided by Government Code Section The proposed Adoption of the Amendments is internally consistent with other applicable provisions of the Zoning Ordinance. 7. The proposed Adoption of the Amendments is in the public interest, and protects the health, safety, and welfare of the County. BE IT FURTHER RESOLVED that the Board of Supervisors hereby adopts the proposed General Plan Amendments, with the following findings: 1. Adoption of the Amendments to the General Plan Land Use Map is in the public interest. 2. The General Plan Land Use Map amendments are consistent and compatible with the General Plan. 3. The General Plan Land Use Map amendments are consistent with the other applicable provisions of the Zoning Ordinance. 4. The potential effects of the General Plan Land Use Map amendments have been evaluated and have been determined not to be detrimental to the public health, safety or welfare. BE IT FURTHER RESOLVED that the Butte County Board of Supervisors hereby adopts the General Plan Land Use Map amendments, as set-forth under Exhibit A. PASSED AND ADOPTED by the Butte County Board of Supervisors this 12 th day of September, 2017, by the following vote: AYES: NOES: ABSENT: NOT VOTING: ATTEST: Paul Hahn, Chief Administrative Officer and Clerk of the Board of Supervisors Bill Connelly, Chair Butte County Board of Supervisors By: Deputy Page 3 of 4

11 RESOLUTION EXHIBIT A General Plan Amendment and Rezone from MHDR (Medium High Density Residential) to GC (General Commercial) to recognize an existing restaurant business located on a 4,800 (+/-) square foot lot in Durham (Assessor Parcel Number: ) Campbell St Faber St Goodspeed St Brown St Midway Florida Ln Midway Gorrill Ln Gorrill Ln Trades Way Sakely Ln Sakely Ln Serviss St Via Calle Ct Via Calle Ct

12 Clarion Way Vine Rd Wood Dr Wood Dr Tom Brown Ln Britz Dr Britz Dr Ididitmy Way Diego Ln RESOLUTION EXHIBIT A General Plan Amendment and Rezone from GC (General Commercial) to RR (Rural Residential) on a Grandview Ave 2-acre parcel in Magalia (Assessor parcel Number: ) Diego Ln Hidden Lake Ln Elmwood Dr Elmwood Dr Woodward Dr Woodward Dr Boulder Dr Tom Brown Ln Hollywood Rd Hollywood Rd Tall Pines Dr Vine St Vine St Thelander Ln Blueberry Ln Blueberry Ln Little Buck Ln Wycliff Way Skyway Perry Rd Perry Rd Amherst Way Skyway Bliss Ct Fir Haven Dr Fir Haven Dr Bethany Cir Cumberland Rd Tulane Ct Seton Ct Cedar Lake Dr Wood Dr Wood Dr Cedar Lake Dr

13 Ordinance No. AN ORDINANCE TO CHAPTER 24, ENTITLED ZONING, 1) MAKING THE FOLLOWING AMENDMENTS TO THE OFFICIAL ZONING MAP: A REZONE FROM MHDR (MEDIUM HIGH DENSITY RESIDENTIAL) TO GC (GENERAL COMMERCIAL) FOR ASSESSOR PARCEL NUMBER IN MAGALIA; AND, A REZONE FROM GC (GENERAL COMMERCIAL) TO RR (RURAL RESIDENTIAL) FOR ASSESSOR PARCEL NUMBER IN DURHAM; AND 2)MAKING THE FOLLOWING TEXT AMENDMENTS TO CHAPTER 24: ALLOWING RELIGIOUS FACILITIES IN AGRICULTURE ZONES SUBJECT TO A CONDITIONAL USE PERMIT; ALLOWING FREEWAY SIGNS IN AGRICULTURE ZONES SUBJECT TO A MINOR USE PERMIT; ALLOWING VEHICLE SALES AND RENTAL USE IN THE INDSTRIAL ZONES SUBJECT TO A MINOR USE PERMIT; AMENDING SETBACK STANDARDS IN THE VLDR (VERY LOW DENSITY RESIDNTIAL) ZONE BY INCREASING SIDE AND REAR YARD SETBACKS; AND PROVIDING NEW DEVELOPMENT STANDARDS FOR SOLAR CANOPIES IN ALL ZONES The Board of Supervisors of the County of Butte ordains as follows: Section 1. Chapter 24, of the Butte County Code and the Official Zoning Map is amended as provided for under ATTACHMENT A, incorporated herein by reference. Section 2. 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 a court of competent jurisdiction, such provision shall be deemed severable and the invalidity thereof shall not affect the remaining provisions or applications of the Ordinance which can be given effect without the invalid provision or application thereof. 26 Section 3. 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, before the expiration of fifteen Page - 1

14 (15) days after its passage, to publish this Ordinance once, with the names of the members of the Board of Supervisors voting for and against it, in the, a newspaper 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 12 th day of September, 2017, by the following vote: AYES: NOES: ABSENT: NOT VOTING: Bill Connelly, Chair of the Butte County Board of Supervisors ATTEST: PAUL HAHN, Chief Administrative Officer and Clerk of the Board By Deputy Page - 2

15 Ordinance Attachment A AGRICULTURE ZONES Article 4. AGRICULTURE ZONES Sections: Purpose of the Agriculture Zones Land Use Regulations for Agriculture Zones Development Standards for Agriculture Zones Purpose of the Agriculture Zones A. Agriculture (AG). The purpose of the AG zone is to support, protect, and maintain a viable, longterm agricultural sector in Butte County. Standards for the AG zone maintain the vitality of the agricultural sector by retaining parcel sizes necessary to sustain viable agricultural operations, protecting agricultural practices and activities by minimizing land-use conflicts, and protecting agricultural resources by regulating land uses and development intensities in agricultural areas. Permitted uses include crop cultivation, animal grazing, stock ponds, and agricultural processing. More intensive agricultural activities, such as animal processing, dairies, hog farms, stables, forestry and logging, and mining and oil extraction, are permitted with the approval of a Conditional Use Permit. One single-family home and one second unit is permitted on each legally established parcel within the AG zone, and residential uses for agricultural employees are permitted as an accessory use within the AG zone. The minimum permitted parcel size in the AG zone ranges from 20 acres to 160 acres. The AG zone implements the Agriculture land use designation in the General Plan. B. Agriculture Services (AS). The purpose of the AS zone is to protect, maintain, promote, and enhance agriculture as a viable, long-term economic sector by accommodating agricultural uses or compatible commercial and light industrial uses that directly support agricultural activities within the county. Standards for the AS zone are intended to allow most agricultural uses allowed in the AG zone while encouraging new, compatible support industries and operations, and to protect agricultural and other neighboring land uses by minimizing conflicts. Agricultural support uses permitted as-of-right in the AS zone include uses with minimal potential impacts on adjacent parcels, such as agricultural equipment sales and rental, light manufacturing, warehousing, and distribution and storage. Agricultural support uses that are more likely to impact adjacent parcels, such as agricultural vehicle repair and heavier manufacturing, require the approval of a Conditional Use Permit. Residential uses are not permitted in the AS zone, except caretaker quarters as an accessory use, which requires an Administrative Use Permit. The maximum permitted floor area ratio in the AS zone is 0.8. The AS zone implements the Agriculture Services land use designation in the General Plan Land Use Regulations for Agriculture Zones A. Permitted Uses. Table (Permitted Land Uses in the Agriculture Zones) identifies land uses permitted in the agriculture zones. 15

16 Ordinance Attachment A AGRICULTURE ZONES TABLE PERMITTED LAND USES IN THE AGRICULTURE ZONES [1] [2] Key P Permitted use, subject to Zoning Clearance A Administrative Permit required M Minor Use Permit required C Conditional Use Permit required Use not allowed Agricultural Uses AG Zone Agricultural Processing P P Animal Grazing P P Animal Processing C C Animal Processing, Custom P P Crop Cultivation P P Feed Store C P Intensive Animal Operations C C Stables, Commercial C C Stables, Private P [3] P [3] Stables, Semiprivate P [3] P [3] Natural Resource Uses Forestry and Logging P - Mining and Surface Mining Operations C C Oil and Gas Extraction, including reinjection wells for natural gas C C Oil and Gas Extraction, storage or disposal of Well Stimulation Byproducts Timber Processing - - Residential Uses AS Applicable Regulations Chapter 13 Butte County Code - - Section Agricultural Worker Housing Center C[3] - Section (G) Caretaker Quarters - A [3] Duplex Home - - Home Occupations - Major M - Section Home Occupations - Minor A - Section Live/Work Unit - - Mobile Home Park - - Multiple-Family Dwelling - - Residential Care Homes, Large - - Residential Care Homes, Small P - Second Units P [4] - Section Single-Family Home P [4] - 16

17 Ordinance Attachment A AGRICULTURE ZONES Key P Permitted use, subject to Zoning Clearance Zone A Administrative Permit required M Minor Use Permit required C Conditional Use Permit required Use not allowed AG AS Applicable Regulations Community Uses Cemeteries, Private - - Cemeteries, Public - - Child Care Center - - Child Day Care, Large - - Child Day Care, Small P [3] - Section Clubs, Lodges and Private Meeting Halls M [5] M [5] Community Centers - - Correctional Institutions and Facilities - - Cultural Institutions C - Emergency Shelter - - Golf Courses and Country Clubs - - Hospital - - Office, Governmental - - Outdoor Education P - Parks and Recreational Facilities C C Public Safety Facilities C C Religious Facilities C C Schools, Public and Private - - Water Ski Lakes - - Commercial Uses Adult Businesses - - Agricultural Product Sales, Off-Site M M Agricultural Product Sales, On-Site P P Agricultural Support Services, General - C Agricultural Support Services, Light - P Animal Services C [7] C Section Animal Processing, Limited - - Bars, Nightclubs and Lounges - - Bed and Breakfast M - Commercial Recreation, Indoor - - Commercial Recreation, Outdoor

18 Ordinance Attachment A Freeway Signs in Agriculture Zones Permit Requirements A. Administrative Permit Required. All signs not specifically identified in Section (Signs Allowed Without Permits) require Zoning Administrator approval of an Administrative Permit, except as noted in subsection C, and D, and E below. E. Freeway Signs, Agriculture Zones. A Minor Use Permit shall be required for any Freeway sign in an Agriculture Zone Types of Signs Allowed by Zone D. Agriculture and Natural Resource Zones. 1. In all agriculture and natural resource zones, signs shall be permitted as specified in Table (Allowed Signs in Agriculture and Natural Resource Zones). TABLE Permitted Sign Types Freestanding signs Monument signs Projecting signs Wall signs Window signs ALLOWED SIGNS IN AGRICULTURE AND NATURAL RESOURCE ZONES Maximum Number of Signs 1 sign per street frontage, with no more than 3 signs per parcel 1 sign per tenant on each building frontage 25 percent of window maximum (Section D) Maximum Area Per Sign 32 sq. ft. Maximum Height 6 ft. Not to exceed the eaves of the building to which it is affixed Farm trail signs 1 sign per farm 6 sq. ft. 6 ft. Community identification signs 1 sign per location 300 sq. ft. 20 ft. Farm signs 1 sign per location 32 sq. ft. 6 ft. Freeway signs [1] [1] Allowed only in the Agriculture zone. 1 per parcel 100 sq. ft. for one face; 200 sq.ft. for two or more faces 20 ft.

19 Ordinance Attachment A INDUSTRIAL ZONES Article 8. INDUSTRIAL ZONES Sections: Purpose of the Industrial Zones Land Use Regulations for Industrial Zones Development Standards for Industrial Zones Purpose of the Industrial Zones A. Light Industrial (LI). The purpose of the LI zone is to allow for light industrial and service commercial uses with little potential to create noise, odor, vibration, or other similar impacts to adjacent uses and surrounding areas. Permitted uses in the LI zone include construction, maintenance and repair services; equipment sales and rentals; vehicle repair, service and maintenance; research and development; light manufacturing; and warehousing, wholesaling and distribution and emergency shelters. Limited amounts of retail, personal services, restaurants, and pubic/quasi-public uses are permitted to serve area workers, and ancillary retail areas are permitted for the sale of products manufactured on-site. Caretaker quarters that are accessory to a primary use and live/work units are the only form of residential uses allowed. The maximum permitted floor area ratio in the LI zone is 0.4. The LI zone implements the Industrial land use designation in the General Plan. B. General Industrial (GI). The purpose of the GI zone is to allow for a variety of industrial and service commercial uses in Butte County. Standards for the GI zone are intended to preserve locations for existing and future employment-generating businesses, including both traditional businesses and innovative green technology enterprises. In addition to the uses permitted in the LI zone, the GI zone also permits agricultural and timber processing and heavy manufacturing with the approval of a Conditional Use Permit. The maximum permitted floor area ratio in the GI zone is 0.5. The GI zone implements the Industrial land use designation in the General Plan. C. Heavy Industrial (HI). The purpose of the HI zone is to allow for a full range of industrial uses, including operations that necessitate the storage of large volumes of hazardous or unsightly materials, or which produce dust, smoke, fumes, odors, or noise at levels that would affect surrounding uses. Uses permitted in the HI are similar to the GI zone, except that heavy industrial uses are permitted either asof-right or with a Conditional Use Permit, and retail, personal service and restaurant uses are not allowed. The maximum permitted floor area ratio in the HI zone is 0.5. The HI zone implements the Industrial land use designation in the General Plan Land Use Regulations for Industrial Zones A. Permitted Uses. Table (Permitted Land Uses in the Industrial Zones) identifies land uses permitted in the industrial zones. 51

20 Ordinance Attachment A INDUSTRIAL ZONES TABLE PERMITTED LAND USES IN THE INDUSTRIAL ZONES [1] [2] Key P Permitted use, subject to Zoning Clearance Zone A Administrative Permit required C Conditional Use Permit required M Minor Use Permit required Use not allowed LI GI HI Agricultural Uses Applicable Regulations Agricultural Processing - C P Animal Grazing Animal Processing - - C Animal Processing, Custom - - Crop Cultivation Feed Store Intensive Animal Operations Stables, Commercial Stables, Private Stables, Semiprivate Natural Resource Uses Forestry and Logging Mining and Surface Mining Operations - - C Oil and Gas Extraction, including reinjection wells for natural gas Oil and Gas Extraction, Storage or disposal of Well Stimulation Byproducts Section Timber Processing - C P Residential Uses Agricultural Worker Housing Center Caretaker Quarters A A A Duplex Home Home Occupations Major Home Occupations Minor Live/Work Unit M M - Section Mobile Home Park Multiple-Family Dwelling Residential Care Homes, Large Residential Care Homes, Small Second Units Single-Family Home

21 Ordinance Attachment A INDUSTRIAL ZONES Key P Permitted use, subject to Zoning Clearance A Administrative Permit required C Conditional Use Permit required M Minor Use Permit required Use not allowed Community Uses Zone LI GI HI Applicable Regulations Cemeteries, Private Cemeteries, Public Child Care Center Child Day Care, Large Child Day Care, Small Clubs, Lodges and Private Meeting Halls C - - Community Centers Correctional Institutions and Facilities Cultural Institutions Emergency Shelters P - - Section Golf Courses and Country Clubs Hospital Medical Office and Clinic Office, Governmental Outdoor Education Parks and Recreational Facilities Public Safety Facilities C C C Religious Facilities M - - Schools, Public and Private M M - Water Ski Lakes Commercial Uses Adult Businesses C C C Agricultural Product Sales, Off-Site County Code Chapter 15, Article 4 Agricultural Product Sales, On-Site Agricultural Support Services, General Agricultural Support Services, Light Animal Processing, Limited Animal Services P P - Bars, Nightclubs and Lounges Bed and Breakfast

22 Ordinance Attachment A INDUSTRIAL ZONES Key P Permitted use, subject to Zoning Clearance A Administrative Permit required C Conditional Use Permit required M Minor Use Permit required Use not allowed Zone LI GI HI Commercial Recreation, Indoor M M - Commercial Recreation, Outdoor Construction, Maintenance and Repair Services P P P Applicable Regulations Drive-Through Facility A A A Section Equipment Sales and Rentals P P P Firewood Storage, Processing and Off-Site Sales, Small - P P Firewood Storage, Processing and Off-Site Sales, Medium - M P Firewood Storage, Processing and Off-Site/On-Site Sales, Large - M P Gas and Service Stations Heavy Equipment Storage P P P Section Hotel and Motel Hunting and Fishing Clubs Offices, Professional Nursery, Retail Nursery, Wholesale Personal Services A A - Personal Services, Restricted Public/Mini Storage P P - Section Recreational Vehicle Parks Restaurant A A - Retail, General A A - Retail, Large Projects Retail, Restricted Vehicle Repair P P P Vehicle Sales and Rental M M M Vehicle Service and Maintenance P P P Wine, Olive Oil, Fruit and Nut, Micro-Brewery and Micro-Distillery Facilities Industrial Uses Composting Facilities - C P Manufacturing, General C P P Manufacturing, Heavy - C C 54

23 Ordinance Attachment A Side and Rear Yard Setbacks in the VLDR Zones TABLE SETBACK AND HEIGHT STANDARDS FOR RESIDENTIAL ZONES [1] Standard by Zone FR/ FCR Primary Structure Setbacks (min.) RR/ RCR VLDR VLDCR LDR MDR MHD HDR VHDR Additional Standards Front 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 10 ft. 10 ft. Interior Side 10 ft. 10 ft. 5 ft. See Table ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Street Side 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Rear 10 ft. 10 ft. Residential Setback from Orchards and Vineyards Located in Residential Zones Accessory Structure Setbacks Separation Between Structures Primary Structure Height (max.) Accessory Structure Height 10 ft. See Table ft. 10 ft. 10 ft. 5 ft. 5 ft. 5 ft. - - See Section See Section As required by the California Building Code 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. See Section Notes: [1] Additional setbacks may be required by the Butte County Fire Safe regulations and the Public Resources Code, Section Article 17 (Agricultural Buffers) Article 16 (Riparian Areas) Article 12 (Setbacks Requirements and Exceptions) Article 11 (Height Measurements and Exceptions) Article 11 (Height Measurements and Exceptions) Table Primary and Accessory Structure Side and Rear Yard Setbacks in the VLDR Zone Parcel Size (acres) Side-Yard Setback Rear-Yard Setback 1 20 ft. 20 ft. < 1-1/2 15 ft. 15 ft. < 1/2-1/4 10 ft. 10 ft. < 1/4 5 ft. 10 ft.

24 Ordinance Attachment A Solar Canopies TABLE GROUND-MOUNTED PHOTOVOLTAIC PANEL SYSTEMS, HEIGHT, PARCEL SIZE AND SETBACK STANDARDS [1] Parcel Size Maximum Height Setback <2 acres 8 feet As required by zone 2-10 acres 10 feet >10 acres 15 feet As required by zone + 10 additional feet in or adjacent to Residential Zones As required by zone + 15 additional feet in or adjacent to Residential Zones [1] These standards do not apply to solar canopies as defined under Section C C. 8. Solar Canopies. A solar canopy is used to provide a structure that supports photovoltaic panels, and as a means to provide shade, cover, and storage for another use. (e.g., in a Residential zone a solar canopy may be used as a carport, in a Commercial, Industrial, or Special Purpose zone a solar canopy may be used over a parking lot, and in an Agriculture or Natural Resource zone a solar canopy may be used in place of a pole barn, or other covering). a. Solar Canopy, Height, Setback, and Development Standards. Solar canopies shall be subject to the same height, setback, and development standards as provided for under Section Accessory Uses and Structures, with the following exceptions: 1. Setback standards for solar canopies that are located over parking lots in a Commercial, Industrial, or a Special Purpose Zone that are adjacent to a Residential Zone, shall maintain a 20 ft. setback from the property line adjacent to the residential zone. 2. Height standards for solar canopies shall be as follows: i. Agriculture, Natural Resource, and Industrial zones: 50 ft. ii. Commercial and Special Purpose zones: 25 ft. iii. Residential zones: 15 ft. b. The use of the Solar Canopy shall be identified on the Building Permit Application. Application of building codes and structural requirements will vary depending upon the use of the solar canopy as a carport, parking lot canopy, pole barn, or other specified use B.6. Landscaping f. Shade Trees. 1. Shade trees shall be provided within parking lots so that within 10 years of planting 50 percent of the parking area is shaded at the summer solstice (June 21). 2. At least one tree shall be provided for every four parking spaces, with the maximum spacing between trees or clusters of trees not to exceed 30 feet. 3. This requirement is waived if 50 percent or more of the parking lot is covered by a Solar Canopy (Butte County Code Section C. 8.). If less than 50 percent of the parking lot is covered by a solar canopy, shade trees shall be used to reach the 50 percent requirement.

25 BUTTE COUNTY Department of Development Services ADDENDUM to the GP 2030 EIR & Supplemental EIR for 2017 Amendments to the Butte County General Plan Land Use Map, Zoning Ordinance Text, and Zoning Ordinance Map BUTTE COUNTY Department of Development Services 7 County Center Drive, Oroville, CA August 1, 2017 Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR 2017 General Plan and Zoning Ordinance Amendments Page 1 of 22

26 1.0 INTRODUCTION This EIR Addendum was prepared in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. This document has been prepared to serve as an Addendum to the previously certified General Plan Environmental Impact Report (General Plan EIR, State Clearinghouse Number ) and Supplemental Environmental Impact Report (GPA and Zoning Ordinance EIR, State Clearinghouse Number ) for the Butte County General Plan and Zoning Ordinance. The County of Butte is the lead agency for the environmental review of the General Plan and Zoning Ordinance project. This Addendum addresses the proposed amendments to the Zoning Ordinance in relation to the previous environmental review prepared for the Butte County General Plan EIR and Supplemental EIR. CEQA Guidelines Section defines an Addendum as: The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section calling for preparation of a subsequent EIR have occurred...a brief explanation of the decision not to prepare a subsequent EIR pursuant to Section should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. Information and technical analyses from the Butte County General Plan EIR and Supplemental EIR are utilized throughout this Addendum. Relevant passages from this document (consisting of the General Plan EIR and Supplemental EIR) are cited and available for review at: Butte County Department of Development Services 7 County Center Drive, Oroville Dan Breedon, AICP, Principal Planner dbreedon@bu ecounty.net Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR 2017 General Plan and Zoning Ordinance Amendments Page 2 of 22

27 1.1 Background and Purpose of the EIR Addendum The General Plan EIR (SCH # ) was certified on October 26, 2010 by the Butte County Board of Supervisors. The Supplemental EIR (SCH # ) was certified on November 6, Text changes are proposed to the Zoning Ordinance and to the General Plan. Please refer to Section 2.0 (Project Description) for a detailed description of the proposed changes. In determining whether an Addendum is the appropriate document to analyze the modifications to the project and its approval, CEQA Guidelines Section (Addendum to an EIR or Negative Declaration) states: (a) The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section calling for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. (d) The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section should be included in an addendum to an EIR, the lead agency s required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. 1.2 Basis for Decision to Prepare Addendum When an environmental impact report has been adopted for a project, Public Resources Code Section and CEQA Guidelines Sections and set forth the criteria for determining whether a subsequent EIR, subsequent negative declaration, addendum, or no further documentation be prepared in support of further agency action on the project. Under these Guidelines, a subsequent EIR or negative declaration shall be prepared if any of the following criteria are met. (a) When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR 2017 General Plan and Zoning Ordinance Amendments Page 3 of 22

28 (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, and addendum, or no further documentation. As demonstrated in the environmental analysis provided in Section 3.0 (Environmental Analysis), the proposed 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. Butte County Department of Development Services Addendum to the GP 2030 EIR and Supplemental EIR 2017 General Plan and Zoning Ordinance Amendments Page 4 of 22