Butte County Board of Supervisors PUBLIC HEARING January 12, 2016 Amendments to the General Plan and Zoning Ordinance AG-P5.3 (Agricultural Buffer) and Interim Agricultural Uses Butte County Department of Development Services
Board of Supervisors Direction On June 24, 2014 the Board of Supervisors directed that staff 1) Prepare an amendment to the General Plan s Agricultural Element Policy AG-P5.3 (Agricultural Buffer); 2) Develop a new policy in the Agricultural Element to minimize compatibility conflicts between existing orchard operations and new residential development in the Very Low Density Residential (VLDR) designation; and, 3) Amend the Zoning Ordinance to establish a process for consultation between the Zoning Administrator and Agricultural Commissioner to determine setbacks between existing orchard operations and new residential development in the Very Low Density Res. (VLDR) zone.
Additional Staff Recommendations Staff has set forth recommendations to additionally allow interim agricultural uses in residential, commercial, and industrial zones in response to a public need to provide for grazing and crop cultivation activities in undeveloped areas of the County on an interim basis (e.g., areas of the county that are not subdivided below 1-acre, where AG uses can still be supported), as well as applying the Residential Setback to all Residential Zones (not just the VLDR zone). The Grazing use would be subject to the Animal Keeping regulations as set forth in the Zoning Ordinance (Section 24-158).
Reasons for these Amendments Maintain the inventory of land zoned residential to help accommodate future growth as anticipated by the General Plan avoiding growth pressure to Agriculturally zoned lands in the County Supports Land Use Element Policy LU-P2.6, which projects that for the year 2030 the unincorporated area of Butte County may accommodate a maximum of 13,600 new residential units. Make Policy AG-P5.3 consistent with the General Plan s own designations for residential areas as shown and supported by the General Plan Land Use Map Provide landowners the ability to subdivide their Residentially zoned property in accordance with the General Plan and Zoning Create a balance between agricultural uses and the primary purpose of residential zones to provide for residential development and growth Bring the General Plan and Zoning Ordinance into further consistency by recognizing that the Agricultural Buffer as set forth under Article 17. (as adopted in 2007) applied the buffer only to Agricultural zones and not AG uses)
Zoning Ordinance: Article 17. Agricultural Buffers What does our Zoning Ordinance say about where the 300 Ag Buffer applies?: 24-82 Applicability A. This article applies to residential structures in all agricultural buffer areas. The agricultural buffer is applied to the following areas of the county: 1. All lands zoned Agriculture; 2. Other zones within 300 feet of the boundary of Agriculture zones; and 3. Areas inside and within 300 feet of sphere of influence boundaries for incorporated cities, where the boundary abuts parcels zoned Agriculture.
These Amendments DO NOT change: The 300 ft. Agricultural Buffer where a Residential zone is adjacent to Agricultural zone The Chico Area Greenline These amendments will not effect the 474,647 acres of County lands designated and zoned Agriculture
What is changing/clarified? The applicability of the 300 ft. AG Buffer from Agricultural uses located in Residential zones is being clarified that it DOES NOT apply The new requirement would require a residential setback from Agricultural uses taking place in Residential zones, to be located on the developing parcel, as wide as practicable but in no case less than 25 feet.
Outline for this Meeting Staff Presentation on Project CEQA Presentation Board of Supervisors Q&A Public Comment Board of Supervisors Discussion and Action
Recommended Actions 1. Certify the Final SEIR (Final SEIR) pursuant to the California Environmental Quality Act (CEQA), as set forth in the Resolution, and authorize the Chair to sign; 2. Adopt Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program, as set forth in the Resolution, and authorize the Chair to sign; 3. Adopt Amendments to General Plan Policy AG-P5.3 and new Policies AG-P5.3.1, AG-P5.3.2, and AG-P5.3.3., as set forth in the Resolution, and authorize the Chair to sign; and 4. Adopt an Ordinance amending Chapter 24. Zoning Ordinance and authorize the Chair to sign.
Planning Commission Recommendations A summary of the three Planning Commission hearings held on October 22, 2015, November 12, 2015 and December 10, 2015 is provided in the Staff Report. On December 10, 2015, the Planning Commission approved a Resolution recommending that the Board of Supervisors Certify the Final SEIR and adopt of the amendments to the General Plan and Zoning Ordinance.
Project Description -GPA Amend General Plan Agricultural Element Policy AG-P5.3
Project Description -GPA AG P5.3.1 The Zoning Ordinance shall allow animal grazing and crop cultivation, as defined under the Zoning Ordinance, as an interim use in Residential, Commercial and Industrial zones on parcels of 1 acre or larger in size. The Butte County Right to Farm Ordinance (Butte County Code Chapter 35) shall continue to recognize that, while not exclusively devoted to agriculture, Residential, Commercial and Industrial zones may support animal grazing and crop cultivation as an interim use prior to development.
Project Description -GPA AG P5.3.2 The Zoning Ordinance shall require a setback between a new residence and an existing active orchard or vineyard that locates the residence as far away from the orchard or vineyard as practicable, taking into account adjacent agricultural uses and practices, provided it does not limit the density permitted by the residential zone, and in no case is less than 25 feet. This setback shall be imposed on the parcel developing with residences and shall be reviewed by the Zoning Administrator in consultation with the Agricultural Commissioner as to width. The setback shall be subject to a public hearing.
Project Description -GPA AG-P5.3.3 The Zoning Ordinance shall require that a buffer be established pursuant to Policy AG-P5.3 on property proposed for residential development requiring discretionary approval in order to protect existing Williamson Act contracts (i.e. those contracts that are in effect at the time of adoption of this policy) from incompatible use conflicts. The desired standard shall be 300 feet, but may be adjusted to address unusual circumstances.
Project Description Zoning Ordinance Impose a residential setback to be located on residential development that is adjacent to an existing orchard or vineyard within a residential zone. The setback would be as wide as practicable but in no case less than 25 feet. The proposed Amendments would permit Animal Grazing and Crop Cultivation as an allowed interim use on parcels of 1-acre or larger in size in all residential, commercial, and industrial zones (as supported by the RTF Ordinance) Grazing in residential, commercial and industrial zones would be subject to the Animal Keeping Standards of the Zoning Ordinance (Section 24-158)
CEQA REVIEW FINAL SUPPLEMENTAL EIR General Plan and Zoning Ordinance Amendments
CEQA EIR Review Process Purpose of the California Environmental Quality Act (CEQA) Provide Information to decision makers and public about environmental consequences of actions. Obligation to avoid or reduce impacts where feasible ( mitigation ) Focus is on potential physical changes Includes public involvement
Review Period and Public Comment Public comments on the DSEIR were submitted at any time during the 45-day review period from June 17, 2015 to August 7, 2015 to: Butte County Department of Development Services Attn: Dan Breedon, Principal Planner 7 County Center Drive, Oroville 95965 Email: dsgeneralplan@buttecounty.net Phone: 530-538-7629
Environmental Issue Areas Agriculture and Forestry Resources Air Quality Hazards and Hazardous Materials Land Use Noise Transportation and Traffic
Significant Impacts Identified 13 Impacts were determined to be Less Than Significant, pertaining to the Agriculture and Forestry Resources; Air Quality; Hazards and Hazardous Materials; Land Use; Noise; and, Traffic and Circulation Issue Areas 1 Impact was determined to be Significant but determined to be Less than Significant with the incorporation of a mitigation measure (Impact Agriculture-2)
Significant Impacts Identified 2 Impacts were determined to be Significant and Unavoidable, pertaining to the Land Use, and Noise Issue Areas, more specifically pertaining to: Impact Land Use-2: The Modified Project would be inconsistent with the General Plan, which could cause land use compatibility conflicts Impact Noise-1: The changes between the Approved Project and the Modified Project would expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies.
Impact Land Use-2: The Modified Project would be inconsistent with the General Plan, which could cause land use compatibility conflicts The General Plan does not identify agricultural uses as allowed uses in some residential designations, and commercial, and industrial designations, land use conflicts could result. Mitigation through the agricultural buffer was considered but rejected as infeasible due to: A 300 foot buffer placed on adjacent residential parcels in residential zones would render most as unusable for development. Placing the 300 foot buffer in residential zones on the agricultural use would contradict County policy to support agriculture The benefit of reducing land use compatibility conflicts does not outweigh this mitigation measure s economic burden on farmers and associated conflict with existing County policies.
Impact Noise-1: The Modified Project could expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. By reducing the buffer requirements, the amendments could result in residential development in closer proximity to agricultural uses, which could result in exposure to noise levels in excess of standards. Mitigation, including the agricultural buffer, acoustical studies and design, and sound suppression/barriers for ag operations was considered but rejected as infeasible due to: The ag buffer requirement was never intended to mitigate potential noise impacts. The existing Noise Ordinance Exempts Agricultural activity from regulation. The Butte County Right to Farm Ordinance states that agricultural operations shall not be considered a nuisance. Acoustical studies are a significant expense, particularly for individual landowners with small subdivision projects.
Continued: Impact Noise-1: The Modified Project could expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Sound insulation features to meet the outdoor noise level standards would likely include sound walls, which do not fit with the rural character of Butte County. They would be an eyesore to many people and could reduce pedestrian and bicycle access into and out of the subdivision. Sound suppression or barriers for agricultural operations would be costly and contradict the county s policies to conserve, protect, enhance and encourage agricultural operations. Noise impacts from agricultural activity would be seasonal, temporary and mainly mobile (i.e. not staying in any one location for extended time) The benefit of reducing land use compatibility conflicts does not outweigh this mitigation measure s economic burden on farmers and associated conflict with existing County policies
Mitigation Measure AG-2 The Draft EIR determined that the project could conflict with Williamson Act Contracts on approximately 1,630 acres of land. The EIR recommends the adoption of a mitigation measure that would implement the 300-ft. Agricultural Buffer for all existing Williamson Act contracts, regardless of zoning.
Alternatives to the Project CEQA requires that an EIR describe and comparatively analyze a reasonable range of alternatives to the proposed project that could feasibly attain the objectives of the project while lessening the project s impact: 1. No Project Alternative 2. Intermediate Buffer Alternative 3. Land Use Redesignation Alternative
Alternatives to the Project Based on the analysis, which is summarized in Table 5-1, the No Project Alternative and the Land Use Redesignation Alternative are both the Environmentally Superior Alternatives. Because Section 15126.6(e)(2) of the CEQA Guidelines requires that, if the environmentally superior alternative is the No Project Alternative, the EIR must also identify an environmentally superior alternative among the other alternatives, the Land Use Redesignation Alternative is considered the Environmentally Superior Alternative.
Final Supplemental EIR A Final Supplemental EIR was prepared in accordance with CEQA and released for public review on October 9, 2015 Nine comment letters were submitted regarding the Draft SEIR as well as oral public comment made at the July 30 Planning Commission meeting Responses to all comments are provided under Chapter 5 of the Final SEIR. Changes directed by the comments made on the Draft SEIR are shown in the Final SEIR under Chapter 5
Statement of Overriding Considerations In determining whether to adopt the General Plan 2030 and Zoning Ordinance Amendments, CEQA requires a public agency to balance the benefits of a project against its unavoidable environmental risks. (CEQA Guidelines, section 15093). In accordance with Public Resources Code section 21081(b) and CEQA Guidelines section 15093, the Board of Supervisors has, in determining whether or not to adopt the General Plan 2030 and Zoning Ordinance Amendments, balanced the economic, social, technological, academic, and other benefits of the proposed amendments against their unavoidable environmental effects, and has found that the benefits of the amendments outweigh the significant adverse environmental effects that are not mitigated to less-than-significant levels, for the reasons set forth below.
Statement of Overriding Considerations This Statement of Overriding Considerations is based on the Board of Supervisors review of the Draft SEIR and Final SEIR and other information in the administrative record. The Board of Supervisors finds that each of the following benefits is an overriding consideration, independent of the other benefits, that warrants approval of the General Plan 2030 and Zoning Ordinance Amendments notwithstanding the amendments significant unavoidable impacts. The County recognizes that the General Plan 2030 and Zoning Ordinance Amendments will cause the two significant and unavoidable impacts as discussed (Impacts Land Use-2 and Noise-1) The County, acting pursuant to section 15093 of the CEQA Guidelines, hereby determines that the benefits of the General Plan 2030 and Zoning Ordinance Amendments outweigh the significant unmitigated adverse impacts.
Statement of Overriding Considerations (Summary) The project maintains the agricultural buffer requirement for residential development that is adjacent to lands that are designated for agricultural use, and thus maintains its original mitigating benefit related to the protection of agricultural resources. The buffer would not be applied to areas that the County has already designated for a different use, which inherently do not benefit from a buffer requirement because of the non-agricultural designation. Therefore, the project would not impact agricultural resources. Furthermore, it would serve to further enhance Butte County agriculture by allowing agriculture as an interim use prior to development on lands designated for a non-agricultural use.
Statement of Overriding Considerations (Summary) The project reaffirms the General Plan Land Use Map that was based on extensive community input The project supports a balance between agriculture, housing, environmental preservation and restoration, population growth, and economic development. The project supports Land Use Element Policy LU-P2.6, which projects that for the year 2030 the unincorporated area of Butte County may accommodate a maximum of 13,600 new residential units. The project balances the importance of agriculture with the need for affordable housing, transportation, economic growth, and the protection of property rights. The project supports the intent of the County s Right-to-Farm Ordinance The project incorporates all feasible mitigation measures to reduce potential environmental impacts to the greatest extent feasible
Recommended Actions 1. Certify the Final SEIR (Final SEIR) pursuant to the California Environmental Quality Act (CEQA), as set forth in the Resolution, and authorize the Chair to sign; 2. Adopt Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program, as set forth in the Resolution, and authorize the Chair to sign; 3. Adopt Amendments to General Plan Policy AG-P5.3 and new Policies AG-P5.3.1, AG-P5.3.2, and AG-P5.3.3., as set forth in the Resolution, and authorize the Chair to sign; and 4. Adopt an Ordinance amending Chapter 24. Zoning Ordinance and authorize the Chair to sign.
Board of Supervisors Q & A General Plan and Zoning Ordinance Amendments Final Supplemental Environmental Impact Report
Public Comment General Plan and Zoning Ordinance Amendments Final Supplemental Environmental Impact Report
Board of Supervisors Discussion and Action General Plan and Zoning Ordinance Amendments Final Supplemental Environmental Impact Report
Recommended Actions 1. Certify the Final SEIR (Final SEIR) pursuant to the California Environmental Quality Act (CEQA), as set forth in the Resolution, and authorize the Chair to sign; 2. Adopt Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program, as set forth in the Resolution, and authorize the Chair to sign; 3. Adopt Amendments to General Plan Policy AG-P5.3 and new Policies AG-P5.3.1, AG-P5.3.2, and AG-P5.3.3., as set forth in the Resolution, and authorize the Chair to sign; and 4. Adopt an Ordinance amending Chapter 24. Zoning Ordinance and authorize the Chair to sign.
Next Steps Provided the Board of Supervisors takes action to Certify the Final SEIR, adopt the Statement of Overriding Considerations, and adopt the General Plan and Zoning Ordinance Amendments, the amendments will become effective in 30 calendar days.