Additional Planning Commission Recommended Findings

Transcription

1 Additional Planning Commission Recommended Findings 1) The Board finds that even if the general plan document did lack essential population density and building intensity standards, such an outcome would not necessarily render the accompanying environmental document hard to follow or understand. The GPU is not the Final EIR and vice versa, and arguable omissions under the Planning and Zoning Law do not necessarily translate into violations of the California Environmental Quality Act (CEQA). The General Plan Update project has been a well-documented process of involvement of governmental agencies, as well as the public. Notably, none of the governmental agencies that have participated in the GPU process have expressed frustration with their ability to assess the adequacy of the FEIR based on concerns about allegedly missing population density and building intensity standards. Having not heard from these agencies on these topics, the County assumes that these agencies do not have any such concerns. Land Use Element Table 1-3 has been edited in order to clarify population density and building intensity standards for all land use designations. 2) The Board finds that as part of the process of updating its general plan, Plumas County has been required to address open space considerations. One of the main goals, as expressed by the public throughout the long, well-documented process of updating the general plan, was to protect open space. The plan was written with that goal in mind. Under Government Code section 65302, subdivision (e), every general plan must include an open space element, which can include the same contents as open space plans prepared pursuant to Government Code section The latter statute, and the others in the same article dealing with open space plans, provides relatively little guidance as to what such plans should include. Government Code Section 65560, Subdivision (b), defines open space as any parcel or area of land or water that is essentially unimproved and devoted to an open-space use as defined in this section, and that is designated on a local, regional or state open space plan as any of the following : preservation of natural resources; managed production of resources; outdoor recreation; public health and safety; military installations; or protection of locations or places with cultural resources. (Emphasis added.) The substantive policy and content of the Open Space Element is within the sole discretion of the Board of Supervisors. Government Code Section 65560, subdivision (b) defines open space as any parcel or area of land or water that is essentially unimproved and devoted to an open-space use as defined in this section, and that is designated on a local, regional or state open space plan as any of the following. (emphasis added.) Thus, protected open space is not determined solely by its current use or physical attributes, but by the intentional decision of the legislative body to identify and protect land for those purposes. An assumption that, if a parcel of land contains the attributes of lands which qualify as open space resources, the County has a mandatory duty to protect those resources pursuant to the Open Space Lands Act. This assumption is incorrect. The policy choice

2 in determining which lands should be protected as open space lands lies solely within the discretion of the Board of Supervisors, and will not be overturned unless clearly lacking any evidentiary support. Government Code section 65302, subdivision (e), merely requires that each general plan include an open space element, and directs readers to Government Code sections et seq. for further guidance. Although those latter statutes provide definitions of open space, general policy statements regarding the importance of open space, and a directive that each city and county adopts an open-space plan, the statutes do not specify the manner in which open space shall be preserved, leaving considerable discretion to cities and counties. As long as a county prepares a general plan that includes an open space element, the substance of that element is a matter of local preference. The fact that the Planning and Zoning Law also requires general plans to include land use elements identifying the distribution for land for various developed uses strongly suggests that, in the typical general plan, at least some land that currently includes open space components will be slated for development that would eliminate some of that open space. 3) The Board finds that the zoning districts which are included under the general plan category Resort and Recreation Lands are Recreation, Recreation Commercial and Recreation Open Space Land Use Designations To provide for an appropriate range of land use types and densities within the County, the following General Plan land use designations are established: Single-Family Residential Multiple-Family Residential Suburban Residential Secondary Suburban Residential Rural Residential Limited Access Rural Residential Commercial Resort and Recreation* Industrial Agriculture and Grazing Agricultural Preserve Mining Resource Timber Resource Lands Lake Open Space-Significant Wetlands Scenic Area Scenic Road Historic Area Historic Building Historic Road Public Facilities 2

3 Rural Residential encompasses the Moderate Opportunity area designations of Prime Expansion, Rural and Agricultural Buffer. Limited Access Rural Residential was formerly listed as Limited Opportunity Area. Commercial encompasses Core Commercial, Periphery Commercial and Convenience Commercial designations. Industrial replaces Prime Industrial and encompasses Heavy Industrial and Light Industrial zoning districts Agriculture and Grazing replaces Important Agriculture. Mining Resource replaces Prime Mining. Timber Resource Lands replaces the Important Timber designation and includes the Timberland Production and General Forest zoning districts. *Resort and Recreation encompasses those zoning districts formerly listed under the Prime Recreation Designation (Recreation, Recreation Commercial and Recreation Open-Space). The only new designations are Historic Road (overlay) and Public Facilities, which is intended to identify existing local, State and Federal public facilities now listed by Resolution. All other designations are established by the existing General Plan. These designations were adopted as part of the Draft GPU November There is no evidence showing that in some zoning districts, motel units could completely cover the total parcel. There are no developed sites within Plumas County that are completely covered with motel units permitted under the existing zoning or even prior to the establishment of zoning codes. Recreation Open Space zoning does not currently allow motel units (actually defined as lodging ). However, maximum building coverage in Recreation Open Space is 10% of the lot area [PCC (c)]. Maximum building coverage under the Recreation (Rec-P) is 50% of the lot area [PCC (c)]. Maximum building coverage under the Recreation Commercial zone is 70% of the lot area [PCC (c)]. 3

4 In addition, constraints such as dedications for sewage disposal areas, roadways, and required parking all serve to limit the number of lodging units, as well as Building Code and occupancy requirements. Resort and Recreation Lands 1 dwelling unit/existing parcel A legally existing parcel is allowed one dwelling unit, if zoning and building standards can be met. In addition to the above as shown, density standards have been clarified in Table ) The Board finds that building intensity standards have been added to Land Use Element Table 1-3 as necessary. 5) The Board finds that any standards and policies relating to development will be enforced within new subdivision projects, including condominium projects and on parcels with lands designated for commercial, multi-family or industrial use. As the GPU definition of development is similar to, though broader than, the definition found in the (1985) general plan, it is not a narrow definition. Whereas the 1985 definition focused on lot creation, the newer definition is more expansive, in that it also clearly applies to condominium projects, or utilization of commercial, multi-family residential or industrial parcels. In any event, the scope of the general plan s influence over County actions is not limited to those involving development. Indeed, any discretionary permits regulating development, such as site development permits, planned development permits, special use permits, grading permits, etc., must be consistent with the standards and policies of the general plan. Zoning is one of the primary means of implementing a general plan. Construction regulated through the zoning code must be consistent with the standards and policies of the general plan. Comprehensive local planning is a local activity guided and governed by state statutes. The Board of Supervisors is the legislative branch of the County government and must adopt ordinances in order to implement the general plan. For its implementation, the general plan primarily relies upon regulations, such as specific plans, the zoning ordinance, and subdivision ordinances, and public project consistency requirements. 6) The Board finds that the density and residential use of Mining Resource lands are found in Table 1-3. Table 1-3 shows that the density is 1 dwelling unit/existing parcel. The density is 1 unit/10 acres for new subdivisions of land. 4

5 Land Use Mining Resource Density Additional Detail Mining Resource Lands 1 dwelling unit/existing parcel 1 unit/10 acres for new subdivisions of land A legally existing parcel is allowed one dwelling unit, if zoning and building standards can be met. For new divisions of land the minimum parcel size is 10 acres. Residential uses are not considered incompatible with mining operations according to the GPU. Residential uses are limited as shown in COS 7.4.4, but not precluded. A dwelling unit, or caretaker s unit, is allowed in Mining Resource lands so long as the use of the land will not preclude the use of the land for extraction of materials. It is intended as a complement to a mining operation, not a hindrance. As mining operations are not permitted by right, mining may or may not be permitted on any parcel designated Mining Resource, depending on whether the County can devise conditions of approval that mitigate adverse environmental impacts, including visual impacts. The designation is intended to identify a potential resource and to protect that resource for continued availability if all requirements can be met. COS Mineral Resource Preservation The County shall preserve future use areas with potentially important mineral resources by limiting residential or other uses that are considered incompatible with mining operations. [emphasis added] In addition, COS and COS ensure that with the discretionary permitting of any mineral extraction operations, that the County consider potential incompatible activities or uses. No mining operations are permitted by right. All mining operations on Mining Resource lands are subject to the issuance of a Permit to Mine and Reclamation Plan, which requires a public hearing. Because the approval of mining operations will require discretionary review by the County, all proposed mining operations must be evaluated under the California Environmental Quality Act. Mining operations will be permitted in those areas where accessibility, surrounding land uses and environmental setting will permit extraction of 5

6 materials without major and long term adverse environmental impacts. (definition of Mining Resource Production Areas.) There are lands designated as Mining Resource lands that are not currently being used for mineral extraction. These lands are identified in order to ensure the distribution of areas designated for mineral resource uses and make provisions for their continued availability. There are approximately acres of Mining Resource lands designated in the GPU; same as existing Prime Mining lands. COS Mineral Resource Operations The County shall ensure that mineral extraction operations are performed in a manner compatible with land uses on the site and surrounding area and do not adversely affect the surrounding environment. The County shall ensure that, upon the completion of mining activities, the site is restored to conform to SMARA requirements. COS7.4.7 Location and Maintenance of Resource Transportation Routes The County shall require new mineral resource transportation routes to avoid incompatible areas such as landslides, highly erodible soils, residential areas, recreation areas, and schools. 7) The Board finds that any future County approval of subdivision of lands with a General Plan Designation of Agricultural and Grazing would be required to be consistent with all goals and policies and implementation measures of the GPU. The DEIR acknowledged that some conversions of these kinds will occur. In the discussion in Impact (Conversion of Farmland/Timber Resource Lands to Non-Agricultural Use) the County has documented through this impact discussion that some conversion will occur, but the County has also identified numerous mitigating policies intended to reduce the severity of the environmental effects of conversion, though, as the DEIR disclosed, the impacts were conservatively treated as significant and unavoidable. These mitigating policy are shown below. TABLE MITIGATING POLICIES Land Use(LU), Economics(ECON), Conservation/Open Space (COS), and Agriculture and Forestry (AG/FOR) Elements Policies designed to minimize this impact by promoting future development patterns that focus growth within established Planning Areas include the following: LU Future Development LU Infill Development LU Increased Housing Density LU Land Divisions LU Community Plans LU Use of Existing Infrastructure LU Cost Effective Land Use Pattern ECON Incentives for Use of Existing Infrastructure ECON Discouragement of Non-Compatible Land Uses Policies designed to minimize this impact through the conservation of productive agricultural lands for both resource and economic related benefits include the following: 6

7 AG/FOR Broad Range of Agricultural Uses AG/FOR Maintain Land in Agricultural Use AG/FOR Local Food Supply AG/FOR Right to Farm AG/FOR Public and Private AG/FOR Maintain Agricultural Production AG/FOR Agricultural Preserve and Agriculture and Grazing Areas AG/FOR Clustering of Farm Dwellings AG/FOR Maintain Large Lot Zoning AG/FOR Conversions AG/FOR Non-Agriculture Uses AG/FOR Limit Extension of Services and Infrastructure AG/FOR Historic Ranches and Farms AG/FOR Agriculture District Overlay AG/FOR Uses that Support Agriculture and Timber Resources AG/FOR Protect Agriculture and Timber Resources Infrastructure AG/FOR Healthy Local Food Supply AG/FOR Promote Use of Local Foods and Products AG/FOR Water for Agricultural Uses AG/FOR Groundwater Recharge Areas AG/FOR Preserve Water Resources AG/FOR Conservation of Productive Agricultural Lands AG/FOR Soil Conservation AG/FOR Habitat Protection AG/FOR Habitat Enhancement AG/FOR Agriculture s Role in Mitigating Climate Change AG/FOR Renewable Energy from Agricultural Byproducts AG/FOR Value of Working Landscapes AG/FOR Creating Partnerships AG/FOR Creating Partnerships COS Conservation Easements 8) The Board finds that the GPU definition of Agriculture and Grazing lands echoes the existing GP criteria for the designation Important Agriculture : Agriculture and Grazing Lands: These are areas identified by considering soil type, water availability, length of growing season, and the pattern of large parcel sizes. This includes range lands with a suitable carrying capacity as well as irrigable lands. Agriculture and Grazing Lands shall not include lands identified as suitable for inclusion within the Williamson Act. The existing general plan defines Important Agricultural Areas and includes a Diagram Directive that reads as follows: Identify important agricultural areas. Important agricultural areas shall be identified by considering soil type (i.e., fertility), water availability, length of growing season, and the pattern of large parcel sizes. Important agricultural lands include lands having arable soils and being at least 20 acres in size. This includes range lands with a carrying capacity of 8-acres animal month as well as irrigable lands. Important agricultural lands shall not include lands identified as suitable for inclusion within the Williamson Act. 7

8 Under the heading, Land Use Management the GPU requires minimum parcel sizes of 40 acres in important agricultural areas. The GPU further provides that lands designated as important agricultural solely based upon range land criteria shall be appropriately re-designated by General Plan Amendment upon a verified analysis showing incorrect carrying capacity data when originally designated. The previously described process, in an earlier version of the GPU, whereby a redesignation would have been permitted upon verified analysis of carrying capacity has been removed from the GPU as it was seen as providing a loophole that needed closing in order to protect Agriculture. 9) The Board finds that based upon the standard for Agricultural Preserve lands, much of the land in Sierra Valley does not qualify as such due to the high elevation climate, limited water and soils classification. However, based upon the standard for Important Agriculture, the majority of the land in Sierra Valley does qualify for designation. Plumas County has designated 92,493 acres of land in Sierra Valley as Farmland of Local Importance, which is defined as Lands designated as Agricultural Preserve in the 1984 Plumas County General Plan and rangelands with a carrying capacity of 8 acres/animal month, as well as irrigable lands in order to preserve and protect these lands. These lands are shown on the California Important Farmland Series Map for Sierra Valley, which is the only published map in the County. The original reason for the general plan policy allowing for redesignation of Important Agricultural lands was to allow ranchers flexibility in deciding how to manage their lands and to increase economic opportunities. A qualified soils scientist would prepare a report evaluating soils criteria and carrying capacity. This policy was not the result of input from consultants hired by speculators but rather was recommended by qualified soils scientists chosen and hired by the County, paid for by the applicant. The historical record shows the results of approved agricultural changes by General Plan amendment. All applications for changes were not approved by the Board of Supervisors. Only 8 percent of all the general plan amendments since 1984 involved agricultural changes. Of those, only 47 percent involved changes to some kind of residential use. It should be noted that 17 percent involved changes to either a higher agricultural designation or to Open Space Significant Wetland, resulting in a greater level of protection: 8

9 4. Agriculture changes (1984 to present) 8% of total projects a. To Residential 47% b. To higher agricultural designation or to open space- 17% significant wetland c. To Recreation 12% d. To Commercial 12% e. To Industrial 12% 10) The Board finds that the criteria for qualification as agriculture have not changed. The land designated Important Agricultural Areas is now Agriculture and Grazing. The land designated as Agricultural Preserve is still Agricultural Preserve. As part of the general plan, Plumas County is required to address open space considerations. 11) The Board finds that the 1985 General Plan explains how the lands designated as Agricultural Preserves were identified on the Land Use maps. The designation of these lands is not changing with the GPU (mapping of designations has not changed). Agricultural Preserves Diagram Directive: Identify areas which are suitable for inclusion within agricultural preserves as defined by the Williamson Act (Stats. 1965, ch. 1443, as amended. Currently codified as Govt. Code Sec , et seq), which include lands of at least 80 acres in size having arable soils (Land Capability Unit I through IV) as determined by the U.S. Soil Conservation Service, and which include adjacent nonarable grazing lands with a carrying capacity of 8 acres per Animal Unit Month if larger than 20 acres and employed for cattle operations within the ranch unit. Require soils and grazing studies for the entire property. Land Use Management Require minimum parcel sizes consistent with the Williamson Act requirements for those lands identified as suitable for inclusion. Plumas County wisely chose to include not only contracted lands but also noncontracted lands that qualified for inclusion in Williamson Act contracts within the designation Agricultural Preserves. The lands identified on the Land Use Maps in the Land Use Element qualify for the designation under the terms of the Agriculture and Forestry Element. 12) The Board finds that nothing in Planning and Zoning Law (GC et seq) requires that each and every General Plan policy have an implementation measure. Instead the Act emphasizes the flexibility available to agencies in 9

10 writing their general plans, as long as the plans contain the required elements and as long as the required elements contain the required contents. Nor does anything in CEQA require that, to function as an adequate de facto mitigation measure, General Plan commitments must take the form of implementation measures carrying out broader policy objectives. 13) The Board finds that the following clarification Clarification: Lake and Open Space-Significant Wetlands are not overlays as stated in Response to Comment I8-6, but are land use designations with zero population density and building intensity. Table 1-3 has been updated to reflect the necessary information. This is considered a non-significant clarification. Even if the general plan document did lack essential population density and building intensity standards, such an outcome would not necessarily render the accompanying environmental document hard to follow or understand. The GPU is not the Final EIR and vice versa, and arguable omissions under the Planning and Zoning Law do not necessarily translate into violations of the California Environmental Quality Act (CEQA) 14) The Board finds that any standards and policies relating to development will be applied to new subdivisions and parcel splits, including condominium projects, and on parcels with lands designated for commercial, multi-family or industrial use. The scope of the general plan s influence over County actions is not limited to those involving development. Indeed, any discretionary permits regulating development, such as site development permits, planned development permits, special use permits, grading permits, etc., must be consistent with the standards and policies of the general plan. Zoning is one of the primary means of implementing a general plan. Construction regulated through the zoning code must be consistent with the standards and policies of the general plan. Comprehensive local planning is a local activity guided and governed by state statutes. The Board of Supervisors is the legislative branch of the County government and must adopt ordinances in order to implement the general plan. For its implementation, the general plan primarily relies upon regulations, such as specific plans, the zoning ordinances and subdivision ordinances, and public project consistency requirements. 15) The Board finds that clarifications have been added to the text to make clear that Timberland Production Zone and General Forest are zoning districts, not general plan designations. The general plan designation is Timber Resource Lands. GC 65302(a)(1) requires that parcels be zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 commencing with Section of Part 1 of Division 1 of Title 5). There is no requirement for a general plan designation or to map these parcels in the general plan 10

11 16) The Board finds that GC 65302(a) requires that all land within a County not owned by the federal or state government to be assigned a land use designation. The land use designations in the General Plan Update are, for the most part, existing land use designations (see explanation under Item 3, above.) No downzoning or up-zoning is proposed by the GPU. No need for adjustment to these categories is anticipated. In addition, Table 1-3 Land Use Designations and Permissible Densities do not further limit housing densities beyond the current zoning restrictions. The table reflects existing designations and densities. The twenty-six (26) existing land use designations have been consolidated into twenty-one (21) designations in order to simplify the General Plan amendment process in the future. Only two new designations have been added: Public Facilities and Historic Road. 17) The Board finds that the California Environmental Quality Act (CEQA) requires that potential impacts be addressed, including Greenhouse Gas emissions. The Professional Services Agreement for Plumas County General Plan and Environmental Impact Report between the Board of Supervisors and the consultants (July 14, 2009) specified the scope of work, which included this section on Climate Change and Energy Conservation : Climate Change and Energy Conservation Using the guidance provided in the CEQA Guidelines Appendix F, this section will discuss the potential of the project to consume excessive amounts of energy and to negatively impact available supplies. Potential mitigation measures, such as conservation strategies (appropriate for the County), will be identified. Greenhouse gas emissions, and their relation to global climate change has become an increasing concern (and area of CEQA litigation) for a variety of projects including General Plan Updates. As climate change is related to energy usage, we propose to analyze climate change issues in the Energy section of the EIR. As described under the Air Quality section, we will identify and evaluate greenhouse gas emissions, primarily CO 2, generated by motor vehicle traffic and facility power usage associated with long-term operation of the project Neither the state environmental agencies, nor recent state legislation establishes a threshold of significance for climate change impacts. As even the largest development projects have an immeasurable individual effect on climate change, the focus is typically on the project s potential contribution to a cumulative effect. The team will work with the County to identify appropriate thresholds of significance. The General Plan Update policies have been determined by the County to be appropriate. The state requires Climate Change to be addressed in the document. However, there are no policies in the GPU mandating reductions to certain 11

12 measurable levels as that level of detail was determined to be unnecessary in Plumas County s case. California s climate change policy is evolving. Recently, the Office of Planning and Research (OPR) released a draft document California s Climate Future-The Environmental Goals and Policy Report, which gives direction to local policy makers. 18) The Board finds that the Planning Commission conducted numerous meetings seeking public input and crafted a survey that was widely distributed throughout the County (and received tremendous response). After much consideration, the Commission decided to add the three optional elements. These were the specific areas that the public identified as critical to our County and in need of additional examination and protection. The Board of Supervisors agreed and reinforced the decision to include these elements. The three optional elements were included in the contract and scope of work. Removal of the three optional elements would result in a rewriting of the other general plan elements and new environmental review. 19) Findings on Disagreement among Experts and Recirculation To the extent the comment letters and correspondence submitted by the public or outside agencies or organizations are considered expert opinion, the Board of Supervisors finds that the assumptions, data, methodology, and analysis included in the Final EIR (not including the comment letters) prepared by the County and its Consultants, is supported by substantial evidence and was the appropriate assumption, data, methodology, and analysis to use to support the impact conclusion reached in the Final EIR. Comment letters and correspondance submitted by the public or outside agencies or organizations do not present information constituting new significant impacts that need to be addressed in the FEIR The County further finds that the following do not change the impact conclusions reached in the Final EIR or otherwise trigger recirculation under CEQA: (1) information submitted and incorporated into the Final EIR; (2) revisions incorporated into the proposed project after release of the Draft EIR; (3) all oral and written comments and testimony received by the County. CEQA Guidelines Section (b) gives guidance as to when recirculation is needed: Recirculation is not required where the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications to an adequate EIR. 12

13 20) Findings regarding Policy AG/FOR Minimal Parcel Size for Timber Resource Lands The Board finds a residence or other structure on land zoned as timberland production is a permitted use under the Act [GC 51104]. A residence or other structure is a permitted use under the Plumas County Code [PCC (b)(7)]. Implementation measure AG/FOR 13.b. permits those uses listed in the California Timberland Productivity Act of 1982, as well as other related and compatible uses that may be conditionally permitted. Compatible uses are those established by ordinance of the County and defined in the GPU as Uses that are capable of existing together without conflict. In terms of the California Timberland Productivity Act of 1982, a compatible use is defined as any use which does not significantly detract from the use of the property for, or inhibit, growing and harvesting timber. A residence or a structure are permitted uses with both uses allowed on a parcel 160 acres or larger, which is zoned Timber Production Zone. A residence or is a permitted use in Plumas County Code and considered a compatible use by the County, it does not need to be established by Special Use Permit. 13