MEMORANDUM - Butte County · MEMORANDUM October 2, 2015 Tim Snellings, Director ... railroad right-of-way, creek or channel lines shall be construed to be the location of the Greenline.

DATE:

TO:

FROM:

RE:

Department of Development Services

7 County Center Drive Oroville, California 95965

T: 530.538.7601 F: 530.538.7785

MEMORANDUM October 2, 2015

Tim Snellings, Director Pete Calarco, Assistant Director

buttecounty.net/dds

Doug Teeter, Chair, Butte County Board of Supervisors Maureen Kirk, Vice Chair, Butte County Board of Supervisors Bill Connelly, Supervisor District 1 Larry Wahl, Supervisor District 2 Steve Lambert, Supervisor District 4

Tim Snellings, Directo@ ~ ) Paul Hahn, Chief Administrative Office~ Bruce Alpert, County Counsel f?:6A

Chico Area Greenline Five-Year Review General Plan 2030 Land Use Element- Action Item LU-A 13.1

Development Services has conducted a review of the Chico Area Greenline Policies as provided in General Plan 2030 Action Item LU-A 13.1. Staff has found no changes or items needing to be addressed or updated. Attached is an outline of the applicable policies and the review by staff. Any questions regarding this review or other aspects of General Plan 2030 may be forwarded to this department.

The Chico Area Greenline Policies were originally adopted by Butte County in 1982 by amending the Land Use Element at that time. The Chico Area Green line policies were reviewed and affirmed through the General Plan 2030 process. The policies are still relevant and part of the policies that support one of the General Plan 2030 Guiding Principles pertaining to Agriculture, which states: "The General Plan addresses agriculture as an important aspect of Butte County's economy that will be protected, maintained, promoted and enhanced."

Chico Area Greenline Policies: Five-Year Review

Action Item LU-A 13.1 sets a five-year review cycle for evaluating the Chico Area Greenline for the period of October 2010 through October 2015. The General Plan 2030 was adopted in 2010. This is the first five-year cycle of review under LU-A 13.1 Action Item. The Chico Area Greenline Policies can be found in the Land Use Element with Figure LU-7 showing the location of the Greenline. Note that when the County updated the General Plan in 2012, the figure was renumbered as LU-7. The 2010 version of the Land Use Element included the same Chico Area Greenline figure as Figure LU-6. Both

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exhibits are attached to this memo. Development Services has evaluated the Chico Area Greenline and provides the following review by Policy number as they appear in the General Plan.

2010-2015 CHICO AREA GREENLINE REVIEW

General Plan 2030 Chico Area Greenline Goal. Policies and Action Item

Goal LU-13 Plan for growth and protect agriculture in the Chico area through the Chico Area Greenline.

Policies

LU-P13.1 Maintain the Chico Area Greenline, which shall be located as shown on Figure LU-7.

Review The Chico Area Greenline has been maintained consistent with Land Use Element Figure LU-7 as adopted with General Plan 2030 on October 26, 2010. For reference, the General Plan Land Use Element Chico Area Greenline figure is Figure LU-7 in the November6, 2012 General Plan. The Chico Area Greenline figure was previously Figure LU-6 in the October 26, 2010 General Plan Land Use Element. Both figures are attached.

LU-P13.2 Should a dispute arise or ambiguity appear as to the exact location of the Chico Area Greenline, apply the following rules in determining the exact location of such line:

a. The Greenline is specific; large scale maps certified by the Development Services Director shall be consulted in the event of a dispute.

b. Where the Greenline is indicated as approximately following a street, alley, railroad right-of-way, creek or channel lines, the centerline of such street, alley, railroad right-of-way, creek or channel lines shall be construed to be the location of the Greenline.

c. Where the Greenline is indicated as approximately following a lot line, such lot line shall be construed to be the location of the Green line.

d. With respect to property that is not subdivided, and where the Chico Area Green line bisects a lot or parcel, the location of the Greenline, unless the same is indicated by dimensions shown upon the Official Chico Area Greenline Map, shall be determined by the use of the scale appearing on the Official Chico Area Greenline Map.

Review There have been no disputes with Development Services or ambiguity to resolve in the exact location of the Greenline.

LU-P13.3 Recognize the Chico Area Greenline as the boundary between the "Urban Side of the Chico Area Greenline" and the "Agricultural Side of the Chico Area Greenline."

Review The County continues to recognize the Chico Area Greenline as the boundary of the Urban Side and the Agricultural Side of the Chico Area Greenline.

October 1, 2015 Memorandum Chico Area Greenline Review Page 2 of 7

LU-P13.4 Allow residential land uses on the Agricultural Side of the Chico Area Greenline only within those areas designated for Very Low Density Residential and Rural Residential use on the Official Chico Area Green line Map shown in Figure LU-7.

Review On November 6, 2012, the Board of Supervisors approved amendments to the General Plan Land Use Map and a comprehensive update to the County Zoning Ordinance (Butte County Code Chapter 24). In that action, the Bell-Muir Extension area (approximately 130 acres on the north side of Bell Avenue and west of Muir Avenue) was changed from Rural Residential, 5-acre minimum to Vety Low Density Residential, 2.5 acre minimum consistent with LU-P13.4 as amended to include VLDR-2.5. This action was the subject of recent Board of Supervisors discussion (August 25 and September 15, 2015). At its meeting on September 15, 2015, the Board of Supervisors took no action on the issue thus leaving the VLDR-2. 5 as the zoning designation for the Bell-Muir Extension area.

LU-P13.5 Except as provided for in Policy LU-P13.4, require that all land use on the Agricultural Side of the Chico Area Greenline consist solely of agricultural land uses as provided by the "Agriculture" and "Agriculture Services" designations.

Review With the adoption of General Plan 2030 on October 26, 2010, there are primarily Agriculture and Agriculture Services land use designations on the Agricultural Side of the Greenline shown on the General Plan Land Use Map.

LU-P13.6 Guide land uses on the Urban Side of the Chico Area Greenline by the policies of the Land Use Element and the applicable urban land use designation as contained in the Land Use Element.

Review General Plan 2030 guides development within the unincorporated areas of Butte County. This includes primarily urban designations on the Urban Side of the Chico Area Greenline and primarily Agriculture land use designations on the Agricultural Side of the Chico Area Greenline.

LU-P13. 7 Conserve and protect for agricultural use the lands in the Chico area that are situated on the Agricultural Side of the Chico Area Greenline.

Review The Chico Area Greenline policies support one of the General Plan 2030 Guiding Principles pertaining to Agriculture, which states: "The General Plan addresses agriculture as an important aspect of Butte County's economy that will be protected, maintained, promoted and enhanced." There are a/so a number of other General Plan policies in the Land Use Element and other elements of the General Plan including the Agriculture Element that support this Guiding Principle.

October 1, 2015 Memorandum Chico Area Greenline Review Page 3 of7

LU-P13.8 Accommodate future urban and suburban growth that occurs in the Chico area of Butte County on lands situated in the Urban Side of Chico Area Greenline.

Review Areas available and suitable on the Urban Side of the Greenline include but are not limited to the following:

• Areas within the City of Chico city limits • Areas within the approved North Chico Specific Plan • Areas within the Doe Mill/Honey Run Specific Plan - a Specific Plan to be

Developed area as designated by the General Plan

LU-P13.9 The Board of Supervisors may only approve an amendment to the Greenline after the adoption of written findings of fact, supported by substantial evidence in the public record, showing the following:

a. The public benefits of converting the agricultural land to urban land substantially outweigh the public benefits of continued agricultural production.

b. There are no other urban or suburban lands reasonably available and suitable for the proposed development.

Review There have been no requests to convert agricultural /and to urban land. Therefore, there has been no need to compare the public benefits of the conversion of the land to urban uses and the public benefits of continued agricultural production. (LU-P13. 9a)

While there are no proposed new developments on the Agricultural Side of the Greenline, there are other urban and suburban lands that are reasonably available and suitable for development (LU-P13.9b). Areas available and suitable on the urban side of the Greenline include but are not limited to the following:

• Areas within the City of Chico city limits • Areas within the approved North Chico Specific Plan • Areas within the Doe Mill/Honey Run Specific Plan - a Specific Plan to be

Developed area as designated by the General Plan

LU-P13.1 0 Nothing in these Chico Area Green line policies shall prevent an individual at any time from petitioning the Board of Supervisors for a general plan amendment, including a change in the location of the Greenline in accord with the applicable laws and policies of Butte County and the State of California.

Review There have been no applications filed with the County to request a change in the Greenline or to propose urban uses on the Agricultural Side of the Greenline.

The City of Chico has not filed any requests for changes to the Greenline or annexations of areas on the Agricultural Side of the Greenline.

October 1, 2015 Memorandum Chico Area Greenline Review Page 4 of?

NOTE: Proposed new development as referenced within this memo does not include land uses, building permits, or land divisions (that meet the minimum parcel size) that are consistent with the General Plan and General Plan Land Use Map within the existing designations of Agriculture, Agriculture Services, Very Low Density Residential, Rural Residential, or Public, or that are located within the existing boundary of the City of Chico Waste Water Pollution Control Plant.

Action Item:

LU-A 13.1 To ensure that the land use needs of the Chico area are being met, review and evaluate the location of the Greenline every five years. Any changes or amendments shall be made only upon the findings specified in Policy LU-P13.9 above.

Review This memorandum is the first 5-year review since General Plan 2030 adoption in October 26, 2010. Staff has found no changes or items needing to be addressed or updated at this time. This concludes Development Services 5-year review of the Chico Greenline Area Policies of General Plan 2030. The next cycle for review will be 2020.

Attachments Chico Area Greenline Figure LU-7 from the November 6, 2012 General Plan Chico Area Green line Figure LU-6 from the October 26, 201 0 General Plan

cc: Butte County Planning Commission

October 1, 2015 Memorandum Chico Area Green line Review Page 5 of7

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Chico Area Greenline Figure LU-7 from the November 61 2012 General Plan

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October 1, 201 5 Memorandum Chico Area Greenline Review Page 6 of 7

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Chico Area Greenline Figure LU-6 from the October 26, 2010 General Plan 2030

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October 1, 2015 Memorandum Chico Area Greenline Review Page 7 of?

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CHICO AREA GREENLINE