REPORT TO THE SHASTA COUNTY PLANNING COMMISSION

Transcription

1 REPORT TO THE SHASTA COUNTY PLANNING COMMISSION PROJECT IDENTIFICATION: REGULAR AGENDA GENERAL PLAN AMENDMENT GPA AND ZONE AMENDMENT ZA AREA 3 - SOUTHWEST PALO CEDRO: GILBERT DRIVE CONTINUED FROM AUGUST 9, 2018 MEETING DATE AGENDA ITEM # 08/23/18 R3 RECOMMENDATION: That the Planning Commission: 1. Conduct a public hearing. 2. Close the public hearing. 3. Adopt a resolution recommending that the Board of Supervisors: a) find GPA and ZA not subject to the California Environmental Quality Act (CEQA) in accordance with the provisions of Government Code section 65759, (CEQA does not apply to any action necessary to bring an agency s general plan or relevant mandatory elements of the plan into compliance with any court order or judgement); b) adopt a resolution approving GPA ; and c) introduce, waive the reading of and enact an ordinance amending the Zoning Maps pursuant to ZA PROJECT SUMMARY: The project is a County initiated application which proposes amendments to the Shasta County General Plan Land Use Maps the County Zoning Maps as necessary actions to bring the County s General Plan into compliance with State Housing Law and a judgement by the Shasta County Superior Court (see Environmental Determination section under Background and Discussion below). The proposed General Plan and Zoning Plan Map amendments are not associated with any proposal for the on-site development of any of the sites. This project site (Area 3) is one of four separate project applications in four separate geographical areas of the unincorporated County, all of which are served by, or have access to, urban services including community water and sewer. Collectively, these four projects will result a change to the General Plan land use designation on a total of 61.5 acres to Urban Residential 25 dwelling units per acre (UR(25)), and rezoning the same 61.5 acres to Multiple-Family Residential 25 dwelling units per acre (R-3-25). Area 3 is located in unincorporated Shasta County southwest of the intersection of State Highway 44 and Deschutes Road in the unincorporated community of Palo Cedro. Comprised of two separate sites (Sites 11 and 12) on one parcel. Area 3 consists of 9.8 acres currently designated Commercial (C) in the General Plan and zoned Community Commercial (C-2). Area 3 in its entirety would be designated UR(25), and would be rezoned to R on 8 acres, and Open Space on 1.8 acres. (Assessor s Parcel Number ). Table 1. Area 3 Project Information Site # Current GP/Zoning Proposed GP/Zoning Affected Notes Acres 11 C/C-2 UR(25)/R Required to meet RHNA 12 C/C-2 UR(25)/R Required to meet RHNA -- C/C-2 UR(25)/OS 1.8 Wetland area BACKGROUND AND DISCUSSION: Court Order -- On January 22, 2018 Legal Services of Northern California and The Public Interest Law Project jointly filed a lawsuit pursuant to California Government Code Article 14, Actions or Proceedings (section 65759) with the intent to compel the County to bring its Housing Element into compliance with State Laws and meet the unaccommodated Regional Housing Allocation Need (RHNA) assigned by the Department of Housing and Community Development.

2 GPA & ZA (Area 3) 8/23/18 Page 2 of 3 A judgement was rendered by the Shasta County Superior Court for a Stipulation for Judgement in accordance with the terms of a settlement agreement that includes actions that must be completed by the County. As a result of this judgement, CEQA does not apply to any discretionary actions that are necessary for the County to bring the General Plan into compliance with State Law, including GPA and Zone Amendment ZA General Plan Amendment/Rezone Sites The Area 3 site is located in the southwestern area of Palo Cedro and is bounded by the future planned extension of Topland Drive to the north, with the eastern property boundaries adjoining the future extension of Gilbert Drive. Two large undeveloped tracts of land adjoin the site to the west. The surrounding vicinity is comprised largely of commercial and light industrial uses, single-family homes, and some undeveloped areas. Access & Services Access to Area 3 is from Gilbert Drive via Honor Court from Deschutes Road. Bella Vista Water District provides water to the area and wastewater disposal is provided by County Service Area No. 8. Electricity and natural gas service in the area is provided by Pacific Gas and Electric Company and Waste Management provides solid waste disposal services. The designs and locations of future developments within the rezone sites are unknown at this time. The purpose of this project is to rezone sufficient land to meet the County s Regional Housing Needs Allocation (RHNA). While future housing development may occur as a result of the proposed General Plan Land Use Map and Zoning Map Amendments, no specific development proposals are associated with this project. Future multiple-family housing development would occur subject to review and compliance with all site development procedures and standards contained in Shasta County Code Section Environmental Determination This project is not subject to the California Environmental Quality Act (CEQA) in accordance with the provisions of Government Code section 65759, which establish, in part, that CEQA does not apply to any action necessary to bring an agency s general plan or relevant mandatory elements of the plan into compliance with any court order or judgement. However, the County is required to prepare an initial study to determine the environmental effects of the proposed project and to prepare an environmental assessment if as a result of the initial study the County determines that the project may have a significant effect on the environment. The environmental assessment shall substantially conform to the required content of a draft environmental impact report (Government Code section 65759). The Planning Division has prepared an initial study in accordance with Government Section 65759, and determined that the project may have a significant effect on the environment. Therefore, an Environmental Assessment (EA) has been prepared, the content of which substantially conforms to the required content for a draft Environmental Impact Report (EIR). Based on the Initial Study, no impacts or less than significant impacts related to Aesthetics, Agricultural Resources, Geology and Soils, Hazards and Hazardous Materials, Mineral Resources, and Recreation are anticipated as a result of the proposed project. As such, these resources are not evaluated as part of the EA (refer to EA Section 9.0, EFFECTS FOUND NOT TO BE SIGNIFICANT and Appendix A, INITIAL STUDY). The EA focuses on the changes in the environment (indirect) that could result from approval of GPA and ZA if full development of the rezone sites were to occur. The EA identifies potential indirect impacts resulting from future build-out and provides measures to avoid potentially significant impacts. This EA addresses impacts in the following areas: Air Quality, Biological Resources, Cultural Resources, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Noise, Population and Housing, Public Services, Transportation and Traffic, Tribal Cultural Resources, and Utilities and Service Systems. The EA serves as the primary reference document in formulating the recommended conditions of rezone approval.

3 GPAI & ZAIS-0004 (Area 3) 8t23n8 Page 3 of3 AI,TERNATIVES: This proposed General Plan and Zoning Plan amendment is required to bring the County General Plan into compliance with State housing law and to meet the terms of the settlement agreement. Therefore, as explained below, the altematives to the proposed action are limited: L Modify the General Plan Map and ZoningMap amendment boundaries. Continue the public hearing to request additional information. Recommend that Board of Supervisors deny the project. None of these altematives are recommended. The boundaries and resulting acreage of each rezone area has been carefully identified by staff and agreed upon by the respective property owners, and are necessary for the County to meet its obligations. The settlement agreement includes specific timelines for the County to fulfill its obligation to rezone property and any delay could put the timeline at risk. As indicated throughout the staff report, this General Plan and ZoningPlan amendment is necessary for the County to meet its obligations in a timely manner. Denial of the rezone would require the County to find other properties to rezone within an extremely limited pool of options, and would put the settlement agreement and the success of the County's Housing Element update program at great risk. CONCLUSION: Based on the information collected and the analysis completed for this project, staff is of the opinion that the proposed Area 3 Project is consistent with the General Plan policies and zoning standards for the area. ICHARD W. SIMON. AICP Director of Resource Management Staff Author: Kim Hunter, Planning Manager Copies: Attach: Legal Services of Northern California Shasta Forest Properties LLC Project File l. Draft Resolution 2. Vicinity Map a Map J. Site 4. General Plan Map 5. Zone District Map 6. Proposed General Plan 7. Proposed Zone 8. Initial Study 9. EA link: Map District Map

4 RESOLUTION NO A RESOLUTION OF THE SHASTA COUNTY PLANNING COMMISSION RECOMMENDING THAT THE SHASTA COUNTY BOARD OF SUPERVISORS APPROVE GENERAL PLAN MAP AMENDMENT GPA AND ZONING MAP AMENDMENT ZA (COUNTY OF SHASTA) WHEREAS, as part of the state housing law the legislature found, among other findings, that (1) the availability of housing is of vital statewide importance, (2) local governments, such as Shasta County, have the responsibility to facilitate the improvement and development of housing adequate to meet the needs of all economic segments of the community, (3) designating and maintaining a supply of land that is suitable, feasible and available for the development of housing to meet the housing need for all income levels is essential to achieving the state's housing goals (Government Code section 65580); and WHEREAS, the intent of the state's housing law, among others, is to (1) assure that the County recognizes its responsibility to contribute to attaining the state's housing goal, (2) assure that the County prepares and implements a local Housing Element as part of its General Plan, (3) recognize that the County is best capable of determining what is needed for the County to contribute to the attainment of the state's housing goal in a manner compatible with the state's housing goal and the Regional Housing Need Allocation (RHNA) assigned to the County by the state (Government Code section 65581); and WHEREAS, in accordance with Government Code section (c)(3)(B)(iii) and the United States Census, Shasta County is considered a "suburban jurisdiction" and is assigned a "default density" of twenty residential units per acre by the state. Default density being the density at which a site is deemed appropriate for development to accommodate lower income households; and WHEREAS, in January 2018, Legal Services of Northern California and The Public Interest Law Project jointly filed a lawsuit to compel the County to bring its Housing Element into compliance with State Law and meet its unaccommodated Regional Housing Allocation Need (RHNA) assigned by the Department of Housing and Community Development, resulting in a judgement rendered by the Shasta County Superior Court for a Stipulation for Judgement in accordance with the terms of a settlement agreement that includes actions, including the rezoning of land to the default density, that must be completed by the County within a defined timeline; and WHEREAS, to fulfil its obligations under Program 8 of the most recently adopted Shasta County Housing Element committed the County to rezone enough land at the default density within the unincorporated area of the County, where water, sewer and other urban services are or will be available, to fully accommodate the County's RHNA obligation for lower income households; and WHEREAS, to fulfil its obligations to comply with State housing law and the Stipulated Judgement the County has initiated four separate General Plan amendment and rezone projects to re-designate and rezone land to the default density in four separate geographical areas of the

5 Resolution No Page 2 unincorporated County, totaling 13 sites and 60.5 acres within designated Town Centers, or adjoining designated Urban Centers, served by or with access to, urban services including community water and sewer; and WHEREAS, the land area affected by GPA and ZA consists of two sites on one parcel totaling just over eight acres of undeveloped land; and WHEREAS, the subject land is currently designated Commercial (C) by the County General Plan, and zoned Community Commercial(C-2) by the Shasta County Zoning Maps; and WHEREAS, GPA and ZA designates the subject lands Urban Residential- 25 units per acre and rezones the subject lands to Multiple-Family Residential-25 units per acre (8 acres) and Open Space (1.8 acres); and WHEREAS, duly noticed public hearings to consider GPA and ZA , were held before the Planning Commission on August 9, 2018, and continued to August 23, 2018, at which time the Commission received a presentation from staff and considered all written comments and all testimony from agencies and the public; and WHEREAS, GPA and ZA are not subject to the California Environmental Quality Act (CEQA) pursuant to a court order judgement rendered by the Shasta County Superior Court for a Stipulation for Judgement on June 29, 2018, which expressly incorporates the provisions of Government section 65759, which establish that the California Environmental Quality Act (CEQA) does not apply to any action necessary to bring an agency s general plan or relevant mandatory elements of the plan into compliance with any court order or judgement; and WHEREAS, In accordance with the provisions of Government Code section 65759, the County has prepared an initial study to determine the environmental effects of the project and, as a result of the initial study, has prepared an environmental assessment with content that substantially conforms to the required content of a draft environmental impact report as set forth in Article 9 (commencing with section 15140) of Title 14 of the California Code of Regulations. NOW, THEREFORE BE IT RESOLVED by the Shasta County Planning Commission: 1. The foregoing recitals are true and correct and incorporated herein. 2. The Planning Commission makes the following findings with regard to General Plan Amendment GPA and Zoning Plan Amendment ZA : A. State housing law, as codified in Government Code section et seq., requires that Shasta County assist in attaining the state's housing goal by, among other actions: (a) facilitating the improvement and development of housing adequate to meet the needs of all economic segments of the community, (b) designating and maintaining a supply of land that is suitable, feasible and available for the development of housing to meet the housing need for all income levels, (c) preparing and implementing a local Housing Element as part of its General Plan,

6 Resolution No Page 3 (d) determining what is needed for the County to contribute to the attainment of the state's housing goal in a manner compatible with the state's housing goal and the Regional Housing Need Allocation (RHNA) assigned to the County by the state. B. In accordance with Government Code (c)(3)(B)(iii) and the United States Census, Shasta County is designated a "suburban jurisdiction" and is assigned a "default density" of twenty residential units per acre by the state. C. GPA and ZA are necessary actions to bring the County General Plan and the mandatory Housing Element of the Plan into compliance with State housing law, the prior adopted Shasta County Housing Element and the Stipulated Judgement rendered by Shasta County Superior Court. D. GPA and ZA are not subject to the California Environmental Quality Act (CEQA) pursuant to a court order judgement rendered by the Shasta County Superior Court for a Stipulation for Judgement on June 29, 2018, which expressly incorporates the provisions of Government section 65759, which establish that the California Environmental Quality Act (CEQA) does not apply to any action necessary to bring an agency s general plan or relevant mandatory elements of the plan into compliance with any court order or judgement. F. In accordance with the provisions of Government Code section 65759, the County has prepared an initial study to determine the environmental effects of the project and, as a result of the initial study, has prepared an environmental assessment with content that substantially conforms to the required content of a draft environmental impact report as set forth in Article 9 (commencing with section 15140) of Title 14 of the California Code of Regulations. G. The proposed amendments to the General Plan and Zoning Maps are consistent with the objectives and policies in the Community Development Group, Chapter 7.0et seq., and with all other elements of the Shasta County General Plan. 3. The Planning Commission recommends that the Shasta County Board of Supervisors take the following actions with regard to GPA and ZA : A. Conduct a public hearing. B. Close the public hearing. C. Find GPA and ZA are not subject to the California Environmental Quality Act (CEQA) in accordance with the provisions of Government Code section 65759, (CEQA does not apply to any action necessary to bring an agency s general plan or relevant mandatory elements of the plan into compliance with any court order or judgement). D. Adopt a resolution approving the amendments to the Shasta County General Plan Map pursuant to General Plan Amendment GPA

7 Resolution No Page 4 AYES: NOES: ABSENT: ABSTAIN: RECUSE: E. Introduce, waive the reading of and enact an ordinance amending the Shasta County Zoning Map pursuant to Zone Amendment ZA DULY PASSED this 23 rd day of August, 2018, by the following vote: TIM MACLEAN, Chairman Planning Commission County of Shasta, State of California ATTEST: PAUL HELLMAN, Secretary Planning Commission County of Shasta, State of California

8 ORDINANCE NO AN ORDINANCE AMENDING ORDINANCE NUMBER 378-, THE ZONING ORDINANCE OF THE COUNTY OF SHASTA, A PORTION OF THE ZONING PLAN (ZONE AMENDMENT AREA 3 SOUTHWEST PALO CEDRO: GILBERT DRIVE) WHEREAS, notice of a public hearing before the Board of Supervisors to consider this matter was given in accordance with law; and WHEREAS, the Board of Supervisors finds that Zone Amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to a court judgement rendered by the Shasta County Superior Court for a Stipulation for Judgement on June 29, 2018, which expressly incorporates the provisions of Government section 65759, which establish that the California Environmental Quality Act (CEQA) does not apply to any action necessary to bring an agency s general plan or relevant mandatory elements of the plan into compliance with any court order or judgement; and WHEREAS, the Board of Supervisors held a public hearing on September 11, 2018, to consider adopting this ordinance. The Board of Supervisors of the County of Shasta ordains as follows: SECTION l. The following described real property is hereby rezoned from the Community Commercial (C-2) zone district to the Multiple-Family Residential 25 dwelling units per acre (R-3-25) and Open Space (OS) zone district (as shown on Exhibit A). Assessor s Parcel Numbers (2018 Roll). District Map T. 31N., R.3W.-A. Palo Cedro Area - Located in the unincorporated Shasta County, generally southwest of the intersection of State Highway 44 and Deschutes Road with access from Gilbert Drive in the community of Palo Cedro. SECTION 2. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. The clerk shall cause this ordinance to be published as required by law. DULY PASSED this day of, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: LES BAUGH, Chairman Board of Supervisors, County of Shasta State of California

9 ATTEST: LAWRENCE G. LEES Clerk of the Board of Supervisors By: Deputy

10 Area 3: Southwest Palo Cedro / Gilbert Drive }þ 299 Bella Vista Area 3 Project Site Location }þ 44 ^_ Palo Cedro Redding Millville }þ Anderson 7,800 3, ,800 Feet Attachment 2 µ Cottonwood

11 Area 3: Southwest Palo Cedro / Gilbert Drive PLAZA DR PALO WAY TOPLAND DR LOGERO LN HONOR CT GILBERT DR DESCHUTES RD Attachment Feet µ Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

12 DESCHUTES RD Area 3: Southwest Palo Cedro / Gilbert Drive PLAZA DR PALO WAY TOPLAND DR LOGERO LN C C HONOR CT GILBERT DR SR Attachment 4 RA Feet µ

13 DESCHUTES RD Area 3: Southwest Palo Cedro / Gilbert Drive PF PLAZA DR PALO WAY TOPLAND DR C-2 LOGERO LN C-2 PD C-2 HONOR CT GILBERT DR C-M-DR PF C-M-DR C-M-DR Attachment 5 R-R Feet µ

14 Area 3: Southwest Palo Cedro / Gilbert Drive PLAZA DR PALO WAY TOPLAND DR LOGERO LN UR(25) HONOR CT GILBERT DR DESCHUTES RD Attachment Feet µ

15 DESCHUTES RD Exhibit "A" Area 3: Southwest Palo Cedro / Gilbert Drive PLAZA DR PALO WAY TOPLAND DR R-3-25 LOGERO LN OS HONOR CT R-3-25 GILBERT DR Feet µattachment 7

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