BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT MARCH 26, 2015

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1 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT MARCH 26, 2015 Applicant: Owner: Mooretown Rancheria of the Concow Maidu Tribe same Location: The Feather Falls Casino parking lot, located at the southeast corner of Alverda Dr. and Feather Falls Blvd., south of the Feather Falls Casino File #: REZ Parcel Size: acres Request: A rezone to repeal the May 22, 2001 Conditional Zoning Agreement between the Mooretown Rancheria Concow Maidu, a federallyrecognized sovereign Indian tribe, and the County of Butte, thereby removing encumbrances to the subject property Supervisor District: 1 Planner: Stacey Jolliffe Principal Planner G.P.: Low Density Residential Attachments: Zoning: LDR (Low Density Residential) A: Resolution forwarding a Recommendation to the Board of Supervisors Zone Date: December 6, 2012 B: Draft Ordinance Amending Butte County Zoning Map APN: C: Zoning Map; Ownership Map D: May 22, 2001 Conditional Zoning Agreement E April 30, 2013 Letter from BC DDS to Mooretown Rancheria EXECUTIVE SUMMARY: This project, Rezone REZ (Mooretown Rancheria), is a request to repeal the May 22, 2001 Conditional Zoning Agreement between the Mooretown Rancheria Concow Maidu, a federallyrecognized sovereign Indian tribe and the County of Butte. Repeal of the Conditional Zoning Agreement, including conditions, and mitigation measures applicable to construction of the Feather Falls Casino parking lot, would remove encumbrances to the approximately 5.16-acre parking lot, being held in trust by the United States on behalf of the Tribe. Butte County Department of Development Services March 26, 2015 Agenda Report Mooretown Rancheria REZ Page 1 of 4 1

2 A final building permit for constructed parking lot improvements was issued by Butte County on October 22, The proposed project meets the criteria for a Class 1 Categorical Exemption pursuant to Section 15301, Existing Facilities, of the California Environmental Quality Act (CEQA) Guidelines. Staff recommends that the Planning Commission adopt the attached resolution finding the project to be Categorically Exempt from CEQA and recommending that the Board of Supervisors approve Rezone REZ (Mooretown Rancheria) to repeal the May 22, 2001 Conditional Zoning Agreement (CZA). PROJECT DESCRIPTION/SITE CHARACTERISTICS: The subject property is a 5.16-acre parking lot for the Feather Falls Casino, located at the southeast corner of Alverda Dr. and Feather Falls Blvd., south of the Feather Falls Casino. A Conditional Zoning Agreement approved May 22, 2001 includes conditions of approval and mitigation measures applicable to construction of the parking lot. At the time the CZA was approved in 2001 the Parking Lot property was conditionally zoned C-1. Adoption of the General Plan Land Use Map and Zoning Map in 2010 and 2012 respectively, re-designated and rezoned the parking lot LDR (Low Density Residential). Adoption of the Zoning Ordinance in 2012 (Ord. No. 4062) included the following provision regarding the applicability of conditional Zoning: Conditional Zoning. The Zoning Ordinance shall not interfere with, repeal, abrogate, or annul any Conditional Zoning Agreement established between the County and an applicant prior to the effective date of the Zoning Ordinance. All uses under the Conditional Zoning Agreement will continue to be permitted, in addition to all uses allowed under the zone. (BCC 24-5 (E.)) In order to rescind the 2001 Conditional Zoning Agreement, a rezoning of the property must be approved. The current LDR zoning designation would remain after the proposed rezoning. The casino and parcels surrounding the parking lot parcel are already in trust status for the Mooretown Rancheria Concow Maidu and therefore are not subject to local land use designations. The Tribe has indicated their intent to also have the parking lot parcel placed into trust status. The repeal of the 2001 CZA would remove a specific encumbrance that the Federal Government has identified as an impediment to accepting the property into trust on behalf of the Tribe. A final building permit for constructed parking lot improvements was issued by Butte County on October 22, The parking lot s consistency with conditions of approval and mitigation measures relative to construction were checked and confirmed prior to approval of the final building permit. Butte County Department of Development Services March 26, 2015 Agenda Report Mooretown Rancheria REZ Page 2 of 4 2

3 ANALYSIS General Plan Consistency The project was reviewed for consistency with the policies of the General Plan. The following policies appear to be of particular relevance to the subject property: Goal COS-15 Ensure that new development does not adversely impact cultural resources. No new development is contemplated with REZ The project is the repeal of the conditional zoning agreement for a developed parking lot for the Feather Falls Casino. Goal COS-16 Respect Native American culture and planning concerns COS-P16.1 County staff shall participate in a dialog with local Native American tribes to collaborate on tribal land use plans. Repeal of the Conditional Zoning Agreement, as requested by REZ , is consistent with Goal COS-16 and COS-P16, as the repeal removes encumbrances to the property being held in trust for the Tribe. COS-P16.2 Impacts to the traditional Native American landscape shall be considered during California Environmental Quality Act or National Environmental Protection Act review of development proposals. The subject property, a developed parking lot, is not a traditional landscape. Practical Effect The practical effect of the REZ is relatively minor. It would remove conditions of approval and mitigation measures applicable to the Feather Falls Casino parking lot, through repeal of the CZA which placed those restrictions on the property. The project site area has been constructed with parking lot improvements consistent with the CZA. A final building permit for constructed parking lot improvements was issued by Butte County on October 22, The parking lot s consistency with conditions of approval and mitigation measures relative to construction were checked and confirmed prior to approval of the final building permit. ENVIRONMENTAL REVIEW/CEQA ISSUES As noted above, the project site area has been constructed with parking lot improvements consistent with the CZA. CEQA prompts analysis of impacts to the physical environment. Where a project will not have a direct physical effect on the environment, or a reasonably foreseeable indirect effect, that project is likely to meet the criteria for a CEQA exemption REZ would result in no change to the physical environment, but rather would remove encumbrances to the parking lot associated with the CZA s conditions of approval and mitigation measures. Butte County Department of Development Services March 26, 2015 Agenda Report Mooretown Rancheria REZ Page 3 of 4 3

4 This project has been determined to be exempt from the California Environmental Quality Act (CEQA) provisions under Categorical Exemption Class 1 (section of the CEQA Guidelines) Existing Facilities: Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency s determination. The types of existing facilities itemized below are not intended to be all inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of an existing use. LOCAL AGENCY REVIEW Butte County Departments and other Agencies were notified of the proposed rezone and had no comment. PUBLIC COMMENT No public comment was received as of the time this report was published. Butte County Department of Development Services March 26, 2015 Agenda Report Mooretown Rancheria REZ Page 4 of 4 4

5 5 Resolution No. PC A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING THE BOARD OF SUPERVISORS APPROVE REZONE REZ REPEALING THE MAY 22, 2001 CONDITIONAL ZONING AGREEMENT BETWEEN THE MOORETOWN RANCHERIA CONCOW MAIDU, A FEDERALLY RECOGNIZED SOVEREIGN INDIAN TRIBE, AND THE COUNTY OF BUTTE WHEREAS, on May 22, 2001 a Conditional Zoning Agreement (CZA) between the Mooretown Rancheria Concow Maidu, a federally recognized sovereign Indian Tribe, and the County of Butte was approved relative to a acre property, APN ( subject parcel or subject property ), which zoned the subject parcel to C 1 (Light Commercial), subject to conditions and mitigation measures imposed on parking lot development; and WHEREAS, parking lot improvements were constructed on the subject property and were issued a final building permit for light poles, electric, and water piping on October 22, 2002; and WHEREAS, on October 26, 2010 Butte County adopted a new General Plan, including a new General Plan Land Use Map which re designated the subject property to a LDR Low Density Residential land use designation on the Butte County Land Use Map; and, WHEREAS, the Butte County Board of Supervisors adopted a Zoning Ordinance Update on November 6, 2012 under Ordinance #4050 which rezoned the subject property to LDR Low Density Residential; and, WHEREAS, the General Plan EIR (SCH # ) was certified on October 26, 2010 by the Butte County Board of Supervisors (Resolution ) and the Zoning Ordinance Update Supplemental EIR (SCH # ) was certified on November 6, 2012 (Resolution ); and, WHEREAS, the Zoning Ordinance Update specifically provided that established Conditional Zoning Agreements were not modified by adoption of the update, specifically: The Zoning Ordinance shall not interfere with, repeal, abrogate, or annul any Conditional Zoning Agreement established between the County and an applicant prior to the effective date of the Zoning Ordinance. All uses under the Conditional Zoning Agreement will continue to be permitted, in addition to all uses allowed under the zone. (BCC 24 5 (E.)); and WHEREAS, the Mooretown Rancheria of the Concow Maidu Tribe filed Rezone application REZ on January 26, 2015 with the Butte County Development Service Department requesting that the County repeal the Conditional Zoning Agreement approved May 22, 2001, thus removing encumbrances to the subject property that have interfered with the subject property being taken into trust status by the Federal Government on behalf of the Tribe; and Page 1 of 3

6 6 WHEREAS, a duly notified public hearing was held on March 26, 2015; and WHEREAS, the Butte County Planning Commission reviewed and considered the information in the staff reports, and all oral and written testimony presented to the Planning Commission; and WHEREAS, an Environmental Assessment (EA) under the National Environmental Policy Act (NEPA) was prepared circa 1999 by Mooretown Rancheria for the Proposed Conveyance of Fee Property to Federal Trust and Development of a Cultural Center, A RV Park, Casino Over Flow Parking and Associated Infrastructure, Mooretown Rancheria, Butte County, California; and the EA identified no cultural impacts from the Casino project inclusive of the Casino Over Flow Parking which is generally coterminous with the subject property, APN ; and, WHEREAS, REZ is categorically exempt from CEQA under section of the CEQA Guidelines as an existing facility consisting of the operation repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing (emphasis added) because, the subject property is currently developed as a parking lot and will continue with no change or expansion of use after the Conditional Zoning Agreement is repealed; and NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby recommends to the Board of Supervisors the following findings: 1. Notice of the Planning Commission hearings on the proposed Rezone and categorical exemption, was given as required by law and the actions were conducted in accordance with CEQA, and the State CEQA Guidelines. 2. All individuals, groups and agencies desiring to comment were given adequate opportunity to submit oral and written comments on the proposed Rezone and the categorical exemption. 3. The proposed adoption of the Rezone is consistent with the General Plan and any applicable community or specific plan as provided by Government Code Section The proposed adoption of the Rezone is not inconsistent with other applicable provisions of the Zoning Ordinance. 5. Proposed adoption of the Rezone is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the proposed uses and development will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties, and the community at large. 6. The proposed Adoption of the Rezone does not jeopardize the health, safety, and welfare of the County. Page 2 of 3

7 7 DULY PASSED AND ADOPTED this 26th day of March, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Tim Snellings, Secretary Planning Commission County of Butte, State of California Rocky Donati, Chair Planning Commission County of Butte, State of California Page 3 of 3

8 AN ORDINANCE ADOPTING REZONE REZ (MOORETOWN RANCHERIA) REPEALING ORDINANCE NO. 3724, PURSUANT TO CHAPTER 24, ARTICLE 38, OF THE BUTTE COUNTY CODE The Board of Supervisors of the County of Butte ordains as follows: Section 1. Ordinance No. 3724, An Ordinance Zoning A Portion Of The County Of Butte, State Of California, An C-1 (Light Commercial) District, Pursuant To Section is hereby repealed. 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. 15 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 (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 Page - 1

9 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the day of 2015, by the following vote: AYES: NOES: ABSENT: NOT VOTING: Doug Teeter, Chair of the Butte County Board of Supervisors ATTEST: PAUL HAHN, Chief Administrative Officer and Clerk of the Board By Deputy Page - 2

10 Attachment A The Mooretown Rancheria Parking Lot (aka Feather Falls Casino Parking Lot) herein called the "Property", situated in the County of Butte, which Property is described as follows: Being a portion of Parcel 2, as shown on that certain parcel map for Thomas A. Poole and Manuela G. Poole, which map was recorded in the Office of the Recorder of the County of Butte, State of California, on April 30, 1990 in Book 119 of Maps, at pages 28, 29, and 30, located in the NW 1/4 of Section 34, Tl9N, R4E, MDB&M, in the County of Butte, State of California, being more particularly described as follows: Beginning at the NW comer of said Parcel 2, said point also being the centerline of Alverda Drive; thence S 09 38' 12" E a distance of ft., along the westerly line of said Parcel 2; thence N 89 57' 33" E a distance of ft., leaving said westerly line of said Parcel 2; thence S 00 02' 27" E a distance of ft.; thence N 89 57' 33" E a distance of ft.; thence N 00 02' 27" W a distance of ft.; thence N 89 57' 33" E a distance of ft.; thence N 00 02' 27" W a distance of ft.; thence N 89 57' 33" E a distance of ft.; thence N 00 02' 27" W a distance of ft. more or less to a point on the northerly line of said Parcel 2 and the centerline of Alverda Drive; thence N 88 23' 15" W a distance of ft. along said northerly line and the centerline of Alverda Drive to the beginning of a 5000 foot radius curve concave northerly; thence along said 5000 foot radius curve to the right, for an arc length of ft. through a central angle of03 25' 54"; thence N 84 57' 21" W a distance of ft. more or less to the point of beginning and the end of said description. Containing 5.45 acres, more or less Page - 3

11 Carmel Ave Autrey Ln Ridgewell Ct 11 Via Canela Via Laton Monte Vista Ave P P MHDR MHDR ROW Nissen Ranch Rd MDR MDR Golddigger Ln Walter Blume Ln Windfall Way RC RC Ophir Rd RTL Sawwali Ct G-C Alverda Dr Lorene Ct RR RR-5 Wheeler Ave Wheeler Ave Project Site Upper Palermo Rd LDR Self Ln LDR Lower Wyandotte Rd Iron Horse Ln Oroville Sphere of Influence Pinecrest Rd VLDR VLDR Pinecrest Rd ZONING ,800 2,700 3,600 Feet Map created by: REZ (Mooretown Rancheria) Butte County Development Services Department 7 County Center Drive, Oroville, Ca

12 Carmel Ave Autrey Ln Autrey Ln Debby Ave Lower Wyandotte Rd V-E Ave Lorene Ct 12 Rosita Way Las Plumas Ave Old Mt. Ida Rd Oroville Bangor Hwy Gunter Ln Phaeton Dr Monte Vista Ave Via Canela Brougham Dr Forestview Dr Nissen Ranch Rd Golddigger Ln Foothill Blvd Walter Blume Ln Cortez Way (undeveloped) Ina Ct Windfall Way Sawwali Ct Ophir Rd Pano Ln Majahi Ln Alverda Dr Project Site owned by Mooretown Rancheria Wheeler Ave Upper Palermo Rd Self Ln Iron Horse Ln Kusel Rd Pinecrest Rd Pinecrest Rd Ownership: USA in Trust for Mooreteown Rancheria Map created by: REZ (Mooretown Rancheria) Butte County Development Services Department 7 County Center Drive, Oroville, Ca ,000 2,000 3,000 4,000 Feet

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