PLANNING COMMISSION AGENDA

Transcription

1 TEHAMA COUNTY PLANNING COMMISSION 444 Oak Street, Room "I' Red Bluff, CA Phone Fax (530) Commissioner Bill Moule District 1 Commissioner Lynn DeFreece Chairperson District 2 Commissioner Gary Durden Vice- Chairperson District 3 Commissioner Mike Wright District 4 Commissioner Delbert David District 5 Airport Land Use Commissioner Lynn Chamblin Airport Land Use Commissioner R. J Tony Miller PLANNING COMMISSION AGENDA DATE: Thursday, July 20, 2017 TIME: LOCATION: 9:00 AM BOARD OF SUPERVISORS CHAMBERS ADMINISTRATION BUILDING 727 OAK STREET RED BLUFF, CALIFORNIA Use of Cell Phones During Meetings: The Commission appreciates your cooperation in turning off all cell phones during the meeting. Recording Device used to record the meeting. I. PLEDGE OF ALLEGIANCE II. CITIZENS CONCERNS This time is set aside for citizens to address the Planning Commission on any item of interest to the public that is within the subject matter jurisdiction of the Commission. No action may be taken on any item not appearing on the agenda unless the action is otherwise authorized by Government Code Section (b)(typically, this applies to items meeting criteria as an off agenda emergency). The Chair reserves the right to limit each speaker to three (3) minutes. Disclosure of a speakers identity is purely voluntary during the public comment period. III. MINUTES OF THE MEETING A) Approval of minutes for the July 6, 2017 meeting. Page 1 of 3

2 Agenda Tehama County Planning Commission July 20, 2017 IV. REGULAR ITEMS 1. ENVIRONMENTAL HEALTH / CODE ENFORCEMENT 8170 MAREK RD., LOS MOLINOS, CALIFORNIA (PEGGY HARGROVE-OWNER(S) HEARING ON NOTICE ISSUED BY ENFORCING OFFICER IN PUBLIC NUISANCE ENFORCEMENT ACTION AGAINST THE PREMISES Requested Action(s): A) HEARING - Planning Commission shall hold an administrative hearing to determine whether the conditions existing on the property located at 8170 Marek Rd., Los Molinos, California constitute a public nuisance under Chapters of the Tehama County Code. B) RESOLUTION - Request adoption of a Resolution declaring the existence of a public nuisance on the property located at 8170 Marek Rd., Los Molinos, California; is a use or condition of the property in violation of Tehama County Code Chapters 10.16; is unsafe or detrimental to public health, safety, and/or welfare; ordering abatement thereof; and directing an itemized accounting of the costs incurred in abating the nuisance. 2. CONSIDER RECOMMENDING THE APPROVAL OF REZONE #16-06 (TEHAMA COUNTY GENERAL PLAN IMPLEMENTATION PHASE 3-JELLYS FERRY/ADOBE RD.) TO THE BOARD OF SUPERVISORS FOR ADOPTION RECOMMENDATION: Based on the Board of Supervisors direction to staff to return the Phase 3 Rezone No as included in the current Appendix A and attached Ordinance, staff recommends the Planning Commission to consider taking the following actions: A) PUBLIC HEARING - Conduct Public Hearing to consider recommending to the Board of Supervisors approval of Rezone #16-06; B) Request to recommend the Board of Supervisors adopt the Findings and Subfindings relative to CEQA as contained in Attachment C of the Staff Report; C) Request to recommend the Board of Supervisors that Rezone #16-06 is exempt from further review under CEQA pursuant to Public Resources Code and CEQA Guidelines and authorize the Director of Planning to file the Notice of Exemption; D) Request to recommend the Board of Supervisors adopt the Findings and Subfindings relative to the Project as contained in Attachment C of the Staff Report; Page 2 of 3

3 Agenda Tehama County Planning Commission July 20, 2017 E) Request to recommend the Board of Supervisors adopt the Ordinance contained in Attachment D of the Staff Report and approve Rezone #16-06 with the Zoning Ordinance Map (Exhibit 1) that will add to the Tehama County Zoning Map, which will further implement the Tehama County General Plan. V. PLANNING COMMISSON REPORTS VI. PLANNING DIRECTOR REPORTS VII. ADJOURN NOTE: Any written materials related to an open session item on this agenda that are submitted to the Planning Department less than 72 hours prior to the Planning Commission Meeting, and that are not exempt from disclosure under the Public Records Act, will promptly be made available for public inspection at the Tehama County Planning Department, 444 Oak Street, Room I, Red Bluff, California, during normal business hours. Anyone wishing to appeal a decision of the Planning Commission may do so within 10 calendar days for Use Permits and Tracts (Subdivisions). A $ filing fee ($ filing fee if appealing a Public Works condition) must be submitted with the letter of appeal. Requests for a re-hearing must be submitted within 5 calendar days for General Plan Amendments and Rezones. The appeal/request with fees must be submitted to: Tehama County Clerk of the Board of Supervisors, P.O. Box 250, 633 Washington Street, Room 12, Red Bluff, CA Postmarks will not be accepted. MINUTES, AGENDAS and AGENDA MATERIAL are available on our website at Page 3 of 3

4 3.1 Minutes of the Meeting July 6, 2017 Requested Action(s) A) Approval of minutes for the July 6, 2017 meeting. Planning Commission Meeting Date: July 20, 2017 Prepared By: Kathryn Parish Preparer Phone: Preparer Regular Item Background Information: (ID # 10549) Packet Pg. 4

5 TEHAMA COUNTY PLANNING COMMISSION 444 Oak Street, Room "I' Red Bluff, CA Phone Fax (530) a Commissioner Bill Moule District 1 Commissioner Lynn DeFreece Chairperson District 2 Commissioner Gary Durden Vice- Chairperson District 3 Commissioner Mike Wright District 4 Commissioner Delbert David District 5 PLANNING COMMISSION MINUTES MINUTES FOR THE MEETING HELD ON: July 6, 2017 LOCATION: COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: COUNTY STAFF PRESENT: I. PLEDGE OF ALLEGIANCE Board Chambers Administration Building 727 Oak Street Red Bluff, CA Durden, Moule, David DeFreece, Wright Kristen Maze, Planning Director Trisha Weber, Deputy County Counsel Will Pike, Chief Surveyor at Public Works Kathryn Parish, Administrative Secretary III Keith Curl, Code Enforcement Officer Vice-Chairman Durden opens the meeting and leads in the pledge of allegiance. II. None III. CITIZENS CONCERNS MINUTES OF THE MEETING A). Approval of the minutes for June 1, RESULT: APPROVED [3:0:2] MOVER: Dave David, Commissioner SECONDER: Bill Moule, Commissioner AYES: Durden, Moule, David ABSENT: DeFreece, Wright Attachment: July 6, 2017 PC Minutes (10549 : Minutes of the Meeting July 6, 2017) IV. REGULAR ITEMS Page 1 of 6 Packet Pg. 5

6 Tehama County Planning Commission 3.1.a 1. ECONOMIC DEVELOPMENT PRESENTATION CAYLYN WRIGHT Caylyn Wright introduced herself and Amanda Jenkins; together they run the Economic Development program for Tehama County. Their overall goal is to be as accessible as possible to existing and new business owners. At the startup of the program, the first step was to create an Administrative Body for Economic Development then to create a website that is ran by Golden Shovel. There has been marketing videos created to target business owners who are looking to relocate to the area. Another project has been working with RCRC to receive Federal funding to help with infrastructure and to be shovel ready for business owners. Ponderosa Sky Ranch is one of the first applications turned in for Federal funding showing the Federal Government that rural areas need assistance. South Ave is another one chosen for a number of factors including the proximity to corning/ I-5 and lot size. Another project has been working to bring Broadband internet to Tehama County but progress has been slow. Tehama County has been selected by a magazine called Business & Focus to run a marketing article that will help widen the audience. Currently Economic Development has been working with 8 business s looking to relocate/expand their business in Tehama County one of which is Corning Solar, LLC. They are looking to do a very large scale solar installation off of west I-5 south of Corning, CA. The Commission asked questions regarding the likelihood to get Federal funding, why broadband is being installed in other areas outside of the County, and looking into AT&T upgrading their facilities in the area. 2. CONSIDER RECOMMENDING THE APPROVAL OF REZONE #16-07 (TEHAMA COUNTY GENERAL PLAN IMPLEMENTATION PHASE 3 COMMERCIAL/ INDUSTRIAL CONVERSIONS) TO THE BOARD OF SUPERVISORS FOR ADOPTION Kristen Maze, Planning Director gave an overview of the project consisting of 17 parcels and approximately 457 acres of land. Throughout the various Phases of the General Plan Implementation, property owners of these parcels have requested their land be rezoned to a specific Commercial/ Industrial district. George Robson representing Sandhu in Rezone #16-07 urges the Planning Commission to recommend Rezone #16-07 to the Board of Supervisors. Kristen Maze, Planning Director answered a few question from the Commission. Based on the mitigation measures, Fish and Wildlife would go out and designate any type of wetlands. The Planning Department has one condition to look over the projects that are proposed on the parcels. All of the property owners have been notified. B. Request to recommend the Board of Supervisors adopt the Findings and Subfindings relative to CEQA and the Project as contained in Attachment B of the Staff Report; Attachment: July 6, 2017 PC Minutes (10549 : Minutes of the Meeting July 6, 2017) Page 2 of 6 Packet Pg. 6

7 Tehama County Planning Commission 3.1.a RESULT: APPROVED [3:0:2] MOVER: Dave David, Commissioner SECONDER: Bill Moule, Commissioner AYES: Durden, Moule, David ABSENT: DeFreece, Wright C. Request to recommend the Board of Supervisors adopt the Mitigated Negative Declaration (Attachment E) as meeting the requirements of CEQA and its Guidelines for Rezone #16-07; RESULT: APPROVED [3:0:2] MOVER: Dave David, Commissioner SECONDER: Bill Moule, Commissioner AYES: Durden, Moule, David ABSENT: DeFreece, Wright D. Request to recommend the Board of Supervisors adopt the Ordinance contained in Attachment D of the Staff Report and approve Rezone #16-07 with the Zoning Ordinance Maps (Attachment 1) that will add to the Tehama County Zoning Map, which will further implement the Tehama County General Plan. RESULT: APPROVED [3:0:2] MOVER: Dave David, Commissioner SECONDER: Bill Moule, Commissioner AYES: Durden, Moule, David ABSENT: DeFreece, Wright 3. ENVIRONMENTAL HEALTH / CODE ENFORCEMENT Tall Pine Trail, Corning, RTR, CALIFORNIA (Alejandro Rosas Medina and Miriam Rosas- OWNER(S)) Hearing on Notice Issued by Enforcing Officer in Public Nuisance Enforcement Action Against the Premises B) RESOLUTION - Request adoption of a Resolution declaring the existence of a public nuisance on the property located at Tall Pine Trail, Corning, RTR, California APN: ; is a use or condition of the property in violation of Tehama County Code Chapters 9.42 and 10.16; is unsafe or detrimental to public health, safety, and/or welfare; ordering abatement thereof; and directing an itemized accounting of the costs incurred in abating the nuisance. Attachment: July 6, 2017 PC Minutes (10549 : Minutes of the Meeting July 6, 2017) Page 3 of 6 Packet Pg. 7

8 Tehama County Planning Commission 3.1.a RESULT: APPROVED [3:0:2] MOVER: Bill Moule, Commissioner SECONDER: Dave David, Commissioner AYES: Durden, Moule, David ABSENT: DeFreece, Wright 4. ENVIRONMENTAL HEALTH / CODE ENFORCEMENT Sheila Rd., Red Bluff, CALIFORNIA (Jesus Contreras-Guizar and Itsel Contreras-Reyes- OWNER(S)) Hearing on Notice Issued by Enforcing Officer in Public Nuisance Enforcement Action Against the Premises ****WITHDRAWN**** 5. ENVIRONMENTAL HEALTH / CODE ENFORCEMENT Red Bank Rd., Red Bluff, CALIFORNIA (Lee Lawson-OWNER(S)) Hearing on Notice Issued by Enforcing Officer in Public Nuisance Enforcement Action Against the Premises Keith Curl, Code Enforcement Officer presented a public nuisance on a well west of Red Bluff. The initial inspection took place from a complaint on well and 4 large greenhouses on or around 2/21/17. Sherriff deputies and Code Enforcement contacted the reporting party and a woman performing roadwork to ask questions. The woman stated she lived in a RV on the property and there was marijuana on the property. A Notice of Violation was posted on the property for the greenhouses and RV that was later removed. Code Enforcement posted a Notice of abatement for the well on 5/31/17. The owner owns two parcels side by side where the domestic well drilling permit was pulled on one but was drilled on the other parcel. The well has not been finalized due to missing well log and disinfectant report that would be provided by the driller. Due to nonpayment, the well driller will not release the documents for the well to be finalized. On 6/6/17 the owner contacted Code Enforcement and stated he would not dismantle his well. Lee Lawson (owner) purchased 320 acres in Tehama County and paid a crew to put up greenhouses and to build a farm. The contractor was paid $16,000 to drill the well. Stated there are marijuana grows all around the property. A travel trailer was placed there for the workers when they were working on the property. Hired a crew to take down all the greenhouses and moved the travel trailer that was requested on the Notice of Violation. The well is used to keep two 2500 gallon tanks full and was told it was an Ag well. Vice-Chairman Durden asked why the well has not been finalized and the owner states there is a problem between the foremen and the well driller. This is the first he has heard of the well needing to be finalized. Stated he will not destroy the well and answered Commissioner Moule that his intention was to live on the property but now is going to sell it. Attachment: July 6, 2017 PC Minutes (10549 : Minutes of the Meeting July 6, 2017) Page 4 of 6 Packet Pg. 8

9 Tehama County Planning Commission 3.1.a Vice-Chairmen Durden told Mr. Lawson that the well does not have to be destroyed; it just has to be capped. Now it is not being recognized as a legal well until it is finalized. In Tehama County travel trailers are not for permanent habitation only temporary habitation. Once you drill a well there is a time limit to build or place a mobile home on the property. Commissioner David stated in Tehama County our Code Enforcement Officers do not go out and take actions on any property without an official complaint. You admit you have a well but do not have a legal well. It is your responsibility to make it legal. Once legal you have a problem with the Planning Department on the use of the well. Lee Lawson (owner) says he will take it to court. The neighbor hates him and believes Keith Curl is friends with the neighbor. The Officers are trespassing going onto the property without owner s permission. Commissioner Moule would stay this order for 30 days and in that time you will have to finalize the well and get a permit for a structure on the property. Nobody in this County is going to single you out and pick on you. Lee Lawson (owners) agrees he would do 30 days. Asked Trisha Weber from County Counsel where he serves the paperwork that was filed in Federal Court. Clerk of the Board is where the paperwork needs to be served. Asked the Commission, please do not send anyone out to his private property without notifying him first. All the information on the notice is correct and accepts certified letters. Trisha Weber, Deputy County Counsel advises the Commission to continue to a specific date. Keith Curl, Code Enforcement Officer met the reporting party who filed the complaint for the first time on or around 2/21/17. The well has to have a purpose and permitted use. The permit pulled is for the other parcel not the one the well is on. An Ag well is 8 inches or up and a domestic well is 6 inches and this well is a domestic well. Move to stay on fines until August 17 th, During that time the owner will get a permit to finalize well, the finalized permit will go to Environmental Health to prove legal well, secure a permit for a permanent structure on the property to justify use for well. If failed to provide within the time frame listed then it will revert back to today s date for the fines and penalties. Attachment: July 6, 2017 PC Minutes (10549 : Minutes of the Meeting July 6, 2017) RESULT: APPROVED [3:0:2] MOVER: Bill Moule, Commissioner SECONDER: Dave David, Commissioner AYES: Durden, Moule, David ABSENT: DeFreece, Wright Page 5 of 6 Packet Pg. 9

10 Tehama County Planning Commission 3.1.a 6. ENVIRONMENTAL HEALTH / CODE ENFORCEMENT 6965 Ox Yoke Bend, Corning, RTR, CALIFORNIA (Tim Lim-OWNER(S)) Hearing on Notice Issued by Enforcing Officer in Public Nuisance Enforcement Action Against the Premises ****WITHDRAWN*** 7. ENVIRONMENTAL HEALTH / CODE ENFORCEMENT Near Ridge Area, Red Bluff, CALIFORNIA (Edgar S. Barajas Herrera-OWNER(S)) Hearing on Notice Issued by Enforcing Officer in Public Nuisance Enforcement Action Against the Premises ****WITHDRAWN**** V. PLANNING COMMISSON REPORTS VI. PLANNING DIRECTOR REPORTS Discussion between the Commissioners, Planning Director, and Chief Surveyor at Public Works regarding the Jelly s Ferry/Adobe project that went to the Board of Supervisors on June 27, Trisha Weber, County Counsel cautioned the Commission the item is not on the agenda and don t want to stray too much on the topic without the public or have too much deliberation. VII. ADJOURN Attachment: July 6, 2017 PC Minutes (10549 : Minutes of the Meeting July 6, 2017) Page 6 of 6 Packet Pg. 10

11 4.1 Planning Commission Meeting Date: July 20, 2017 Prepared By: Julie Benson Preparer Phone: Preparer Regular Item ENVIRONMENTAL HEALTH / CODE ENFORCEMENT 8170 Marek Rd., Los Molinos, CALIFORNIA (Peggy Hargrove-OWNER(S) Hearing on Notice Issued by Enforcing Officer in Public Nuisance Enforcement Action Against the Premises Requested Action(s) Requested Action(s): a) HEARING - Planning Commission shall hold an administrative hearing to determine whether the conditions existing on the property located at 8170 Marek Rd., Los Molinos, California constitute a public nuisance under Chapters of the Tehama County Code. b) RESOLUTION - Request adoption of a Resolution declaring the existence of a public nuisance on the property located at 8170 Marek Rd., Los Molinos, California; is a use or condition of the property in violation of Tehama County Code Chapters 10.16; is unsafe or detrimental to public health, safety, and/or welfare; ordering abatement thereof; and directing an itemized accounting of the costs incurred in abating the nuisance. Financial Impact: none Background Information: Tehama County Code Enforcement conducted an inspection of 8170 Marek Rd., Los Molinos, California (APN: ) ( Premises ) on 6/7/2017. The enforcing officer issued a Notice to Abate Public Nuisance and Administrative Order to Show Cause ( Notice ) to the owner(s) and/or occupants(s) of the Premises on 6/27/2017. The Notice alleged a public nuisance, existed on the Premises. Abatement of the nuisance was ordered as specified in the Notice. (ID # 10548) Packet Pg. 11

12 4.1.a Packet Pg. 12 Attachment: Hargrove, 8170 Marek Rd., ABATMENT NOV (10548 : 8170 MarekRd, Los Molinos,

13 4.1.a Packet Pg. 13 Attachment: Hargrove, 8170 Marek Rd., ABATMENT NOV (10548 : 8170 MarekRd, Los Molinos,

14 4.1.a Packet Pg. 14 Attachment: Hargrove, 8170 Marek Rd., ABATMENT NOV (10548 : 8170 MarekRd, Los Molinos,

15 4.1.a Packet Pg. 15 Attachment: Hargrove, 8170 Marek Rd., ABATMENT NOV (10548 : 8170 MarekRd, Los Molinos,

16 4.1.b RESOLUTION NO. # A RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF TEHAMA DECLARING THE EXISTENCE OF A PUBLIC NUISANCE ON THE PROPERTY LOCATED AT 8170 MAREK RD., LOS MOLINOS, CALIFORNIA IN THE UNINCORPORATED AREA OF THE COUNTY OF TEHAMA; ORDERING THE ABATEMENT THEREOF; AND DIRECTING AN ITEMIZED ACCOUNTING OF THE COSTS INCURRED IN ABATING THE NUISANCE WHEREAS, Tehama County Code section , subdivision (E) provides that any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of any provision of this code or state law; and WHEREAS, Tehama County Code section , authorizes the enforcing officer issue and serve a "Notice to Abate Public Nuisance and Administrative Order to Show Cause" ("Notice") in accordance with Tehama County Code sections and in order to commence abatement proceedings under Chapter of the Tehama County Code; and WHEREAS, under Tehama County Code section , the Tehama County Planning Commission shall hold an administrative hearing, not less than fifteen (15) calendar days after service of the Notice, to determine whether the conditions existing on the property subject to the Notice constitute a nuisance under Chapter of the Tehama County Code, or whether there is any other good cause why those conditions should not be abated; and WHEREAS, on 6/27/2017 the Tehama County Code Enforcement Officer, Keith Curl, issued and served, by posting and certified mailing, a Notice in accordance with Tehama County Code section upon the owner(s) and occupant(s) of 8170 Marek Rd., Los Molinos, CALIFORNIA, ("Premises"); and and WHEREAS, the Notice complied with all relevant provisions of Chapter 10.16; WHEREAS, pursuant to Tehama County Code section , the Notice advised that an administrative hearing before the Tehama County Planning Commission was set for 7/20/2017, in accordance with Tehama County Code section ; and WHEREAS, on 7/20/2017 the Tehama County Planning Commission conducted a duly noticed hearing, and heard and considered de novo the evidence presented by the enforcing officer and other interested persons; and WHEREAS, the evidence presented at the hearing clearly shows that there exists approximately 13 animals on the Premises. Such condition constitutes a public Attachment: Resolution-Hargrove (10548 : 8170 MarekRd, Los Molinos, CALIFORNIA (Peggy Hargrove-OWNER(S)) 1 Packet Pg. 16

17 4.1.b nuisance, in violation of Tehama County Code section , subdivision (E); and NOW THEREFORE BE IT RESOLVED that the Tehama County Planning Commission hereby finds and declares that: 1. The foregoing recitals are true and correct. 2. The public nuisance, as defined above, presently exists on the Premises. 3. The presence of approximately 13 animals exist when only one animal allowed per one acre exists on the Premises. Such condition constitutes a public nuisance in violation of Tehama County Code section , subdivision (E); and BE IT FURTHER RESOLVED that the Tehama County Planning Commission of hereby orders that: 1. The "Notice to Abate Public Nuisance and Administrative Order to Show Cause" issued by the enforcing officer on 6/27/2017 is hereby affirmed in full. 2. Pursuant to Tehama County Code section , subdivision (E), approximately 13 animals exist on the premises when only one animal per one acres is allowed and must be abated by the owner a n d / or occupant of the Premises within 14 days upon service of the Decision of the Board of Supervisors requiring abatement. 3. In the event that such nuisance is not abated by the owner or occupant as set forth above, the enforcing officer shall abate, or cause to be abated, the public nuisance(s) in the manner set forth in Tehama County Code section , and shall keep an itemized account of the costs incurred by the County to abate the nuisance, to be charged against the Premises and against each person who causes, permits, suffers, or maintains the public nuisance to exist, in accordance with the provisions of Chapter of the Tehama County Code. The Clerk of the Tehama County Planning Commission shall promptly transmit this Recommended Decision ( Recommendation ) to the Tehama County Board of Supervisors to adopt without further notice of hearing, or to set for de novo hearing. The Board of Supervisors Decision shall be final and conclusive. You may challenge this Decision by timely filing a writ of mandate, pursuant to Code of Civil Procedure sections and , in the Tehama County Superior Court. A writ of mandate must be filed within ninety (90) days this Decision. Attachment: Resolution-Hargrove (10548 : 8170 MarekRd, Los Molinos, CALIFORNIA (Peggy Hargrove-OWNER(S)) 2 Packet Pg. 17

18 4.1.b The foregoing resolution was offered on a motion by Planning Commissioner, seconded by Planning Commissioner, and carried by the following vote of the Planning Commission: AYES: NOES: ABSENT OR NOT VOTING: STATE OF CALIFORNIA ) ) ss COUNTY OF TEHAMA ) CHAIRPERSON, Planning Commission I,, Administrative Secretary for the Tehama County Planning Department and ex-officio Clerk of the Planning Commission of the County of Tehama, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said Planning Commission on the day of, DATED: This day of, 2016., Administrative Secretary for the Tehama County Planning Department and ex-officio Clerk of the Planning Commission of the County of Tehama. By Attachment: Resolution-Hargrove (10548 : 8170 MarekRd, Los Molinos, CALIFORNIA (Peggy Hargrove-OWNER(S)) 3 Packet Pg. 18

19 4.2 Planning Commission Meeting Date: July 20, 2017 Prepared By: Kathryn Parish Preparer Phone: Preparer Regular Item CONSIDER RECOMMENDING THE APPROVAL OF REZONE #16-06 (TEHAMA COUNTY GENERAL PLAN IMPLEMENTATION PHASE 3-JELLYS FERRY/ADOBE RD.) TO THE BOARD OF SUPERVISORS FOR ADOPTION Requested Action(s) RECOMMENDATION: Based on the Board of Supervisors direction to staff to return the Phase 3 Rezone No as included in the current Appendix A and attached Ordinance, staff recommends the Planning Commission to consider taking the following actions: A. PUBLIC HEARING - Conduct Public Hearing to consider recommending to the Board of Supervisors approval of Rezone #16-06; B. Request to recommend the Board of Supervisors adopt the Findings and Subfindings relative to CEQA as contained in Attachment C of the Staff Report; C. Request to recommend the Board of Supervisors that Rezone #16-06 is exempt from further review under CEQA pursuant to Public Resources Code and CEQA Guidelines and authorize the Director of Planning to file the Notice of Exemption; D. Request to recommend the Board of Supervisors adopt the Findings and Subfindings relative to the Project as contained in Attachment C of the Staff Report; E. Request to recommend the Board of Supervisors adopt the Ordinance contained in Attachment D of the Staff Report and approve Rezone #16-06 with the Zoning Ordinance Map (Exhibit 1) that will add to the Tehama County Zoning Map, which will further implement the Tehama County General Plan. Background Information: This is a Tehama County Planning Department project that consists of a portion of General Plan Implementation Phase 3 known as Jelly s Ferry/Adobe Road Rezone # The General Plan Implementation Phase 3-Rezone #16-06 project includes 16 properties and/or parcels that total approximately 1,586 acres. Although only 1,486 acres of land are affected by this rezone because the remaining 100 acres in (ID # 10541) Packet Pg. 19

20 Assessor s Parcel No are designated as Commercial, which is not part of Rezone # As indicated above, the 16 properties and/or parcels involved within this rezone and the 1,486 acres of land are designated by the General Plan Land Use Map as either Residential Small Lot or Suburban (Appendix A includes assessor parcel numbers, parcel sizes, General Plan Land Use Designation, current and proposed Zoning and a zoning map highlighting the affected parcels on an aerial image with zoning information). Rezone #16-06 is part of Tehama County s General Plan Implementation Phase 3 process, which has not yet been brought into conformance with the intent of the General Plan update. The intent of the proposed Rezone Map Amendment #16-06 is to address the policies and implementation measures of the Tehama County General Plan. Pursuant to the provisions of state law, the zoning code must be amended as necessary within a reasonable time after adoption or amendment of a General Plan, to ensure consistency of the zoning code with the direction and intent of the General Plan. This Rezone will change the current zoning of said 1,486 acres, which is UA; Upland Agriculture or with the implementation of Phase 1 is considered AG-1; Agriculture/Upland Zoning District to a R1-A-B:435 Zoning District for the Residential Small Lot Land Use Designations and R1-A-B86 for the Suburban Land Use Designations. R1-A-B:435; One-Family Residence; Special Animal Combining; Special Building Site Combining (435,000 sq. ft., 10 acre minimum lot size) Zoning District will be consistent with the Residential Small Lot Land Use Designation. While R1-A-B:86; One-Family Residence; Special Animal Combining; Special Building Site Combining (86,000 sq. ft., 2 acre minimum lot size) Zoning District will be consistent with the Suburban Land Use Designation. If this Rezone is approved the combination of the 16 parcels could be potentially developed into approximately 230 parcels with 230 single-family dwelling units. However, an application for a subdivision and approved CEQA process would be required. 4.2 (ID # 10541) Packet Pg. 20

21 4.2.a DATE: July 20, 2017 TO: FROM: PLANNING DEPARTMENT COUNTY OF TEHAMA STAFF REPORT Tehama County Planning Commission Kristen Maze, Director of Planning SUBJECT: CONSIDER RECOMMENDING THE APPROVAL OF REZONE #16-06 (TEHAMA COUNTY GENERAL PLAN IMPLEMENTATION PHASE 3-JELLYS FERRY/ADOBE RD.) TO THE BOARD OF SUPERVISORS FOR ADOPTION BACKGROUND: In 2009 Tehama County completed its General Plan Update. Pursuant to the provisions of state law, the zoning code must be amended as necessary within a reasonable time after adoption or amendment of a General Plan. This is to ensure consistency of the zoning code with the direction and intent of the General Plan. Therefore, staff rezoned most of the agriculturally related properties in 2012 resulting in the adoption of General Plan Implementation Phase 1 (Rezone #11-03). Following the adoption of Rezone #11-03 (General Plan Implementation Phase 1), staff began the development of a second phase of rezoning to address other General Plan policies including those affecting residential, industrial, and commercially zoned properties, as well as timber resource lands, and other areas. The preparation for the next series of revisions was expected to commence near the end of 2012, contingent upon adequate staffing and budget resources. Despite various staff turnover, the Planning Department has completed a number of Rezones including Rezone #15-07 which removed the MH; Mobile Home Combining District from Rancho Tehama Reserve and Rezone #16-03 (General Plan Implementation Phase 2). Rezone #15-07 was adopted by the Board of Supervisors on April 26, 2016, Rezone #16-03 was adopted August 2, 2016, and Rezone #16-02 (General Plan Implementation Phase 2.5) was adopted October 25, These three Rezones were finished in 2016, which then led to the January 19, 2017 Planning Commission Workshop/Discussion on Phase 3 of the General Plan Implementation process. Phase 3 of the General Plan Update and Implementation process has been broken down into five projects. Following the January 2017 Planning Commission Workshop/Discussion the Board of Supervisors adopted Rezone # 17-01(General Plan Implementation Phase 3-Copper Ranch Rd.) on May 16, 2017 and GPA #17-01 (General Plan Implementation Phase 3- General Plan Amendment Clean-up) on June 27, As indicated above, the County has conducted multiple workshops and public hearings regarding the various phases of the County s General Plans Implementation and Countywide Rezoning efforts. It was through this process that the Board of Supervisors determined that Residential Small Lot General Plan Land Use designated areas of Rezone Attachment: RZ Jellys Ferry Adobe Rd SR PC July 20, 2017 (10541 : RECOMMENDING APPROVAL REZONE #16-06 TO THE BOARD OF Packet Pg. 21

22 #16-06;General Plan Implementation Phase 3-Jellys Ferry/Adobe Road would be proposed with a rezone zoning scheme of 10 acre minimum lot sizes (R1-A-B:435). While the Suburban residential General Plan Land Use designated areas will be proposed in this rezone with a zoning scheme of 2 acre minimum lot sizes (R1-A-B:86). Staff believes that these proposed zoning district classifications as outline and contained within Appendix A and the proposed Ordinance will meet the requirements of state law, as well as further the implementation of the General Plan Update (See General Plan Amendment Update Resolution No , Attachment A). There are approximately 16 properties and/or parcels involved within this rezone and approximately 1,486 acres of land that are affected. Approximately 1,306 acres of the project are General Plan Land Use designated as Residential Small Lot, which is proposed as an R1-A-B:435 Zoning District, and approximately 180 acres of the project are General Plan Land Use designated as Suburban with a proposed zoning of R1-A-B:86. This Rezone is necessary pursuant to the provisions of state law because the Zoning and General Plan must be consistent, which this action if adopted by the Board of Supervisors will achieve. SUMMARY: The fundamental premise of a General Plan is that it is a long term planning document and that development provided for in the plan is dependent on the development of the necessary infrastructure. The intent of the proposed amendment is to address the long term policies and implementation measures of the Tehama County General Plan Pursuant to the provisions of state law, the zoning code must be amended as necessary within a reasonable time after adoption or amendment of a General Plan, to ensure consistency of the zoning code with the direction and intent of the General Plan (See General Plan Land Use Map, Attachment B). The zoning code regulates land use by dividing the County into districts or zones and specifying the uses that are to be permitted, conditionally permitted, or prohibited within each zone. The Amended Zoning Map depicts the distribution of land uses across the County in such categories as AG-1 or AG-2 Agricultural Districts (Clean-up from Phase I), C-2 or C-3 Commercial Districts, M-1 or M-2 Industrial Districts, R-1 and RE Residential Districts with various Combining Districts such as MH-Mobile Home Combining Districts and others. All zoning should be reflective of the use of the property that can realistically be achieved by the property owner. PROJECT DESCRIPTION: This is a Tehama County Planning Department project that consists of a portion of General Plan Implementation Phase 3 known as Jelly s Ferry/Adobe Road Rezone # The General Plan Implementation Phase 3-Rezone #16-06 project includes 16 properties and/or parcels that total approximately 1,586 acres. Although only 1,486 acres of land are affected by this rezone because the remaining 100 acres in Assessor s Parcel No are designated as Commercial, which is not part of Rezone # As indicated above, the 16 properties and/or parcels involved within this rezone and the 1,486 acres of land are designated by the General Plan Land Use Map as either Residential Small Lot or Suburban (Appendix A includes assessor parcel numbers, parcel sizes, General Plan Land Use Designation, current and proposed Zoning and a zoning map highlighting the affected parcels on an aerial image with zoning information). Rezone #16-06 is part of Tehama County s General Plan Implementation Phase 3 process, which has not yet been brought into conformance with the intent of the General Plan update. The intent of the proposed Rezone Map Amendment #16-06 is to address the policies and implementation measures of the Tehama County General Plan. Pursuant to the provisions of state law, the zoning code must be amended as necessary within a reasonable time after adoption or amendment of a General Plan, to ensure consistency of the zoning code with the direction and intent of the General Plan. This Rezone will change the current zoning of 4.2.a Packet Pg. 22 Attachment: RZ Jellys Ferry Adobe Rd SR PC July 20, 2017 (10541 : RECOMMENDING APPROVAL REZONE #16-06 TO THE BOARD OF

23 said 1,486 acres, which is UA; Upland Agriculture or with the implementation of Phase 1 is considered AG-1; Agriculture/Upland Zoning District to a R1-A-B:435 Zoning District for the Residential Small Lot Land Use Designations and R1-A-B86 for the Suburban Land Use Designations. R1-A-B:435; One-Family Residence; Special Animal Combining; Special Building Site Combining (435,000 sq. ft., 10 acre minimum lot size) Zoning District will be consistent with the Residential Small Lot Land Use Designation. While R1-A-B:86; One-Family Residence; Special Animal Combining; Special Building Site Combining (86,000 sq. ft., 2 acre minimum lot size) Zoning District will be consistent with the Suburban Land Use Designation. If this Rezone is approved the combination of the 16 parcels could be potentially developed into approximately 230 parcels with 230 single-family dwelling units. However, an application for a subdivision and approved CEQA process would be required. PROJECT LOCATION: The project is located in the Jelly s Ferry Bend area, approximately 3,000 ft. southeast of Jelly s Ferry Road with portions of the project bounded by Interstate 5 on the west, the Sacramento River in the north and south along with Federal and State lands to the east. The area can generally be described as portions of Sections 29, 32 & 33 of Township 28N, Range 3W, M.D.B.&M.: APN s: ,, , , , , , ; the project area can further be described as portions of Sections 4,5,6,8 & 9 of Township 27N, Range 3W, M.D.B.&M.: APN s: , , , , , , , and GENERAL PLAN: Please see Appendix A- Proposed Map Amendment Exhibit (Including General Plan Land Use Designations), affected properties by Assessor s Parcel Number, acreage, general plan designations along with existing and proposed zoning districts that summarizes the proposed zoning revisions. ZONING: This Rezone will change the current zoning of said 1,486 acres, which is UA; Upland Agriculture or with the implementation of Phase 1 is now considered AG-1; Agriculture/Upland Zoning District to a R1-A-B:435 Zoning District for the Residential Small Lot Land Use Designations and R1-A-B86 for the Suburban Land Use Designations. The R1-A-B:435; One-Family Residence; Special Animal Combining; Special Building Site Combining (435,000 sq. ft., 10 acre minimum lot size) Zoning District will be consistent with the Residential Small Lot Land Use Designation. While R1-A-B:86; One-Family Residence; Special Animal Combining; Special Building Site Combining (86,000 sq. ft., 2 acre minimum lot size) Zoning District will be consistent with the Suburban Land Use Designation. If this Rezone is approved the combination of the 16 parcels could be potentially developed into approximately 230 parcels with 230 single-family dwelling units. However, an application for a subdivision and approved CEQA process would be required. SURROUNDING LAND USES AND SETTING: The sites is located in the Jelly s Ferry Bend Area, approximately 3,000 ft. southeast of Jelly s Ferry Road with portions of the project bounded by Interstate 5 on the west, the Sacramento River in the north and south along with Federal and State lands to the east. While much of this area is undeveloped there are over 290 single family dwellings west of the project area along the Interstate 5 Corridor/Wilcox Rd. and over 100 single family dwelling southeast of the project area along the Sacramento River. Lands to the north exhibit sporadic development that consist of primary large residentially zoned lots and agriculturally zoned parcels. While lands to the east are predominantly owned by State and Federal Agencies that seem to be expanding their holdings along this portion of the Sacramento River (Bend area). Two main roads serve this area that include Jelly s Ferry Road, which continues into Shasta County, and Adobe Road Packet Pg a Attachment: RZ Jellys Ferry Adobe Rd SR PC July 20, 2017 (10541 : RECOMMENDING APPROVAL REZONE #16-06 TO THE BOARD OF

24 which ends approximately 4 miles from Interstate 5. It should be noted that Wilcox Road connects Adobe Rd. to Interstate 5 running north and south west of Blue Tent Creek. However, there isn t any public road infrastructure that connects Adobe Rd. to Jelly s Ferry Rd. with the vicinity of the project. Blue Tent Creek acts as a land use barrier to development east of it due to the need for traffic circulation and safety. Therefore, this project area and its proposed zoning provides for the maintenance of the status quo in the Bend area. Within and around the community of Bend, existing croplands will be maintained and residential development is limited predominantly to a combination of rural residential large-lot and/or small-lot land uses. In addition to the crop lands important function as an agricultural use, the vast amounts of grazing lands in this area also provide an important open space resource. Additionally, the Sacramento River is identified as an important natural resource in this planning area. In summary the proposed zoning designations of R1-A-B:435 (10 acre lot minimums) and R1-A-B:86 (2 acre lot minimums) will be consistent with the surrounding land uses that include single-family homes, row crops and open grazing land. ENVIRONMENTAL IMPACT DETERMINATION: The project is exempt pursuant to Public Resources Code and CEQA Guidelines (Projects Consistent with a Community Plan, General Plan, or Zoning). CEQA provides that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project specific significant effects which are peculiar to the project or its site. Rezoning actions consistent with an adopted General Plan for which an EIR was certified are specifically included in this provision. Rezone No does not involve substantial changes that would require changes to the General Plan Update EIR. The proposed actions are consistent with the applicable General Plan Policies and are within the development densities established by the General Plan Update with the applicable land use designations. There are no environmental effects peculiar to the properties affected by this rezoning project, and the other criteria set forth in Guidelines are met. REASONS WHY THIS PROJECT IS EXEMPT: The amendments to the County Zoning Code and thus the Amended Zoning Map (TC ) are being proposed to implement various policies and implementation measures of the Tehama County General Plan ( ), adopted by Resolution of the Board of Supervisors (BOS) on March 31, 2009 with the Final EIR State Clearinghouse No GENERAL PLAN CONSISTENCY: The proposed project will be consistent with the Residential Small Lot and Suburban General Plan Designations as presented within the staff report and attachments if Rezone #16-06 is approved. The Rezone would change the current UA Zoning District to an R1-A-B:435 Zoning District within the General Plans Residential Small Lot Land Use Designated areas of this project. It would also change the current UA Zoning District to an R1-A-B:86 Zoning District within the General Plans Suburban Land Use Designated areas of this project. R1-A-B:435; One-Family Residence; Special Animal Combining; Special Building Site Combining (435,000 sq. ft., 10 acre minimum lot size) Zoning District is consistent with the Residential Small Lot Land Use Designation. While R1-A-B:86; One-Family Residence; Special Animal Combining; Special Building Site Combining (86,000 sq. ft., 2 acre minimum lot size) Zoning District is consistent with the Suburban Land Use Designation. If this Rezone is approved the combination of the 16 parcels could be potentially developed into approximately 230 parcels with 230 single-family dwelling units. However, an application for a subdivision and approved CEQA process would be required. 4.2.a Packet Pg. 24 Attachment: RZ Jellys Ferry Adobe Rd SR PC July 20, 2017 (10541 : RECOMMENDING APPROVAL REZONE #16-06 TO THE BOARD OF

25 4.2.a PUBLIC NOTICE: A public hearing notice was published in the Daily News on July 8, 2017 with the distribution of said notice mailed to property owners with a 1,000 ft. radius of the project on July 7, These notices were concerning the potential for the Planning Commissions to take certain actions for recommending the Board of Supervisors to adopt Rezone #16-06-General Plan Implementation Phase 3-Jellys Ferry/Adobe Road. BOARD OF SUPERVISORS MEETING JUNE 20, 2017 On June 20, 2017 the Board of Supervisors considered various options related to the conversions of agriculturally zoned land to an appropriate Residential zoning that is consistent with the current General Plan Land Use Designation of Rural Residential Small Lot. The Board of Supervisors determined after public testimony through a vote of 5:0 that Residential Small Lot General Plan Land Use designated areas of Rezone #16-06;General Plan Implementation Phase 3-Jellys Ferry/Adobe Road would be proposed with a rezone zoning scheme of 10 acre minimum lot sizes (R1-A-B:435). Since the minutes are not available at this time, the public and Planning Commission are encouraged to access the audio portion of the June 20, 2017 Board of Supervisors meeting at: mat=agenda. Please forward the time bar to 2:46:00 after hitting paly for Agenda Item 23 at the 1:30 p.m. time slot. RECOMMENDATION: Based on the Board of Supervisors direction to staff to return the Phase 3 Rezone No as included in the current Appendix A and attached Ordinance, staff recommends the Planning Commission to consider taking the following actions: A. PUBLIC HEARING - Conduct Public Hearing to consider recommending to the Board of Supervisors approval of Rezone #16-06; B. Request to recommend the Board of Supervisors adopt the Findings and Subfindings relative to CEQA as contained in Attachment C of the Staff Report; C. Request to recommend the Board of Supervisors that Rezone #16-06 is exempt from further review under CEQA pursuant to Public Resources Code and CEQA Guidelines and authorize the Director of Planning to file the Notice of Exemption; D. Request to recommend the Board of Supervisors adopt the Findings and Subfindings relative to the Project as contained in Attachment C of the Staff Report; E. Request to recommend the Board of Supervisors adopt the Ordinance contained in Attachment D of the Staff Report and approve Rezone #16-06 with the Zoning Ordinance Map (Exhibit 1) that will add to the Tehama County Zoning Map, which will further implement the Tehama County General Plan. Attachment: RZ Jellys Ferry Adobe Rd SR PC July 20, 2017 (10541 : RECOMMENDING APPROVAL REZONE #16-06 TO THE BOARD OF Packet Pg. 25

26 4.2.a ATTACHMENTS Attachment A General Plan Amendment Update Resolution No Attachment B Land Use Map Attachment C Findings/Subfindings Attachment D Ordinance and Associated Zoning Ordinance Map APPENDIX-A Proposed Map Amendment Exhibit, including affected properties by Assessor s Parcel Number, acreage, general plan designation along with existing and proposed zoning districts Attachment: RZ Jellys Ferry Adobe Rd SR PC July 20, 2017 (10541 : RECOMMENDING APPROVAL REZONE #16-06 TO THE BOARD OF Packet Pg. 26

27 4.2.b Packet Pg. 27 Attachment: GPI Phase 3 RZ Residential General Plan Update Res Attachment A (10541 :

28 4.2.b Packet Pg. 28 Attachment: GPI Phase 3 RZ Residential General Plan Update Res Attachment A (10541 :

29 4.2.c Packet Pg. 29 Attachment: GPI Phase 3 RZ Residential General Plan Land Use Map Attachment B (10541 :

30 4.2.d Packet Pg. 30 Attachment: GPI Phase 3 RZ Residential Findings and Subfindings Attachment C (10541 :

31 4.2.d Packet Pg. 31 Attachment: GPI Phase 3 RZ Residential Findings and Subfindings Attachment C (10541 :

32 4.2.e Packet Pg. 32 Attachment: GPI Phase 3 RZ Residential Ordinace with Map Attachment D (10541 :

33 4.2.e Packet Pg. 33 Attachment: GPI Phase 3 RZ Residential Ordinace with Map Attachment D (10541 :

34 4.2.e Packet Pg. 34 Attachment: GPI Phase 3 RZ Residential Ordinace with Map Attachment D (10541 :

35 4.2.f Packet Pg. 35 Attachment: Appendix A GPI Phase 3 RZ Residential (10541 : RECOMMENDING APPROVAL

36 4.2.f Packet Pg. 36 Attachment: Appendix A GPI Phase 3 RZ Residential (10541 : RECOMMENDING APPROVAL

37 4.2.f Packet Pg. 37 Attachment: Appendix A GPI Phase 3 RZ Residential (10541 : RECOMMENDING APPROVAL