Biggs Unified (3):

Biggs High, Biggs Elementary & Richvale Elementary.

Chico Unified Schools District (20):

High Schools: Chico, Pleasant Valley, Fairview & Chico Adult

Junior Highs: Bidwell & Chico

Elementary Schools: Chapman, Citrus, Cohasset, Forest, Hooker Oak, Marigold, McManus, Neal Dow, Nord, Parkview, Partridge, Rosedale, Shasta & Sierra View.

Durham Unified (2):

Durham High & Durham Elementary

Gridley High (2):

Gridley High & Esperanza High

Gridley Union (3):

McKinley, Wilson & Sycamore Elementary

Manzanita Union (1):

Manzanita Elementary

Oroville Union High (4):

Oroville, Las Plumas, Prospect

Oroville Adult High Schools

Bangor Union (1):

Bangor Elementary

Feather Falls Union (1):

Feather Falls Elementary

Golden Feather Union (2):

Concow Elem. & Spring Valley Elem.

Oroville Elementary (7):

Bird Street, Central, Eastside, Oakdale, Ophir, Stanford Ave. & Wyandotte Ave. Elementary.

Palermo Union (3):

Honcut, Palermo & Helen Wilcox Elementary

Pioneer Union (1):

Berry Creek Elementary

Thermalito Union (3):

Nelson Ave., Poplar Ave. & Sierra Ave. Elem.

Paradise Unified (7):

Paradise High, Ridgeview High, Paradise Intermediate, Paradise Pre-School, Paradise, Ponderosa & Horace Brakebill Elementary.

Butte Community College

Butte County Superintendent of Schools (2):

Special Education Schools, Sierra Del Oro & Mesa Vista

California State University, Chico

City of Biggs

City of Gridley

City of Chico

City of Oroville

CSA 31 Biggs Swimming Pool

CSA 34 Gridley Swim. Pool

Chico Area Rec. & Park Dist.

Feather River Rec. & Park District

Paradise Rec. & Park Dist.

Richvale Rec. & Park Dist.

State Parks & Recreation: Bidwell Mansion State Historic Park & Lake Oroville State Recreation Area

State Fish & Game:

Oroville Wildlife Area, Gray Lodge Wildfowl Management Area & Feather River Fish Hatchery

Butte County Sheriff & Constables:

Headquarters in Oroville & substations in Chico, Paradise & Gridley.

City of Biggs

City of Chico

City of Gridley

City of Oroville

State Highway Patrol:

Offices in Chico & Oroville

Biggs-Gridley Memorial

Feather River

Chico Community Memorial Oroville Medical Center

Enloe Memorial

Butte County Library (9):

Oroville, Chico (2),

Paradise, Gridley, Biggs, Durham, Feather Falls

& Clipper Mills

Bangor

Gridley-Biggs

Nimshew (Magalia north)

Oroville

Paradise

Pine Creek (Cana)

Thompson Flat (S. Table Mtn)

Upham (Rackerby)

Wyandotte

COUNTY CONCERNS AND POLICIES

Purpose and Application

When an analysis and understanding of the "Development Setting" section, especially the information on recent growth and trends, is combined with a general regard for the health, safety and welfare of Butte County's future residents, a number of more specific concerns emerge. The many social, economic and governmental subjects of concern within the scope and the Land Use Element are frequently viewed as debatable points or perplexing questions. The intent of this section is to present all of these significant problems and issues in a clear and concise form.

The identification of each land use issue is immediately followed by a statement of the County's adopted policies on that subject. In this context, "policies" are official declarations of government's rules and courses of action, based upon its analysis of the issues and the material interests of the Citizenry. Policy statements serve as guides for consistent and logical decision-making and together function as an indicator of goals and priorities, a vision of the future, a device for intergovernmental coordination, and a focus for public interest and discussion. The effectiveness of this element depends largely on the public understanding, wide acceptance and regular use of these adopted statements of county policies on land use.

The policies are stated as incomplete sentences which should be thought of as being preceded by "The County should ....". In this case "should" indicates a definite preference for a certain response, course of action or development pattern. However, because our desires for the future are so numerous, diverse and idealistic, some conflicts between policies are unavoidable and to be expected. No one policy by itself should always determine county action; decision-makers must consider all adopted policies which are relevant to a particular situation. The continual interpretation and application of policy statements to individual situations will frequently result in compromises reflecting balances and priorities among conflicting policies.

General - 1

Under our Constitutional system, land use planning and regulation is a power generally reserved to the States, a police power enacted to promote and perpetuate the moral and material welfare of the people. The material welfare of the people is served by the free-enterprise economic system, based on the private ownership of land. Like most other States, California has delegated much of this authority to local governments. The County's goal in this document must therefore be the "general welfare" of its citizens or, in other terms, "the quality of life" of its residents and their "pursuit of happiness", both as individuals and as members of society.

1.1.a. Provide for the health, safety and well-being of the County's present and future residents.

California Government Code Section 65300 allows the general plan of a city or county to include "any land outside its boundaries which in ;the planning agency's judgement bears relation to its planning". Most of the County boundary in the valley follows the Sacramento River and other smaller streams. Existing development just outside county boundaries is very limited, with the small urban centers of Live Oak and Hamilton City lying one to two miles away. However, development within the County's incorporated cities is of direct concern to the County and is not exempted in any way from the scene of county general plans.

1.2.a. Plan for future development of all incorporated and unincorporated areas with county boundaries.

1.2.b. Consult with incorporated cities and neighboring counties in the development of planning proposals for areas of mutual concern.

The Government Code does not define how "long-term" a general plan's focus should be. The General Plan Guidelines suggest that fifteen years or more be considered a "long-range" time span. Lacking a binding requirement, the County can define "long-term" as it wishes. Future projections and predictions become more speculative and less reliable as the time period increases.

1.3.a. Plan for development within the County for the ensuing 20 years, giving emphasis to the more immediate years, while at the same time considering the long range factors and trends.

Since 1970 the population of the entire County has increased about 3% per year. Growth rates for individual communities have varied widely, with some areas growing steadily at more than 5% per year.

Most of the new residents have moved here from the large metropolitan areas of the state; this urban-rural migration is a nationwide trend and is likely to continue for some years to come. Despite significant natural limitations and some localized constraints, Butte County has sufficient space for considerable future development and continued growth.

A reasonable surplus of available development sites is desirable to avoid artificial constriction of market supply and unnecessarily high land prices. Such a flexibility factor also allows for the possibility that population growth and development needs may be significantly greater than projected.

1.4.a. Based upon continuous analysis of population trends, provide plans which allow reasonable "freedom of choice" of sites and facilities for the population growth of the County, both in the County as a whole and in its various sections.

1.4.b. Designate adequate land for free-market competition among land suppliers to avoid artificially constricting land availability.

To secure the maximum coordination of plans during the formation of a local general plan, the Government Code mandates planning agencies to:

".... consult and advise with public officials and agencies, public utility companies, civic, educational professional and other organizations, and citizens generally ...."

Inventorying community needs, identifying significant issues and problems, defining basic goals, choosing priorities, clarifying policies - all of these planning activities require high levels of public participation in order to develop an effective plan. Citizens' involvement not only provides them access to the decision-making process but increases the public's understanding and support of plan proposals.

1.5.a. Seek wide public participation in development of land use policies and proposals.

Many County departments, cities, special districts and State and federal government agencies and involved in various aspects of the physical development of the County. The complexity of this system of authority and responsibility makes coordination of government plans and programs extremely difficult.

At the same time, the power of this system and the limited scope of individual agencies means that maximum cooperation is necessary to avoid haphazard and costly future development.

1.6.a. Attempt to coordinate all government plans and programs so that they are mutually supportive in all areas.

Government agencies, private companies and the public at large have invested substantial amounts of money in Butte County's existing system of roads, utilities and other public facilities. To maximize this investment and the level of services, utilization of existing facilities is desirable, recognizing that all designated land for development is not immediately available for use. Land owners have plans for the timing of development on their land which are to be respected.

1.7.a. Encourage annexation to existing cities and existing districts.

1.7.b. Promote the full utilization of sites served by existing public facilities.

1.7.c. Encourage development in and around existing communities with public facilities.

Resource Management - 2

Almost 21% of the County's land, mostly irrigated sites on good soils in the valley and low foothills, was devoted to orchards and field crops in 1977. Crop production from this land was valued at over 120,000,000 and provided an average 7.6% of the wage-and-salary employment in the County in 1977. The importance of agriculture in the local economy is further evidenced and enhanced by the tremendous public investment in advisory services, irrigation systems, drainage facilities and rural roads. Residential and commercial development in commercial crop areas creates conflicts with certain agricultural activities and induces tax pressures and conversion of nearby crop land to nonagricultural uses. Urban growth into agricultural lands also results in permanent restrictions in the potential for crop production. To County this, agricultural zoning has been used extensively in the more rural parts of the County. This is less evident close to the urban areas where over the years development and official actions have taken place which has made agricultural zoning impractical, unwise, and at times an undue financial burden upon individual citizens.

2.1.a. Maintain agricultural crop production as a major source of food, employment and income.

2.1.b. Retain in an agricultural designation on the Land Use Map areas where location, natural conditions and water availability make lands well suited to orchard and field crop use, while considering for non-agricultural use areas where urban encroachment has made inroads into agricultural areas and where past official actions have planned areas for development.

2.1.c. Allow a wide range of agricultural and necessary accessory uses in crop production areas.

2.1.d. Maintain minimum parcel sizes in designated agricultural areas by following comprehensive zoning principles.

2.1.e. Encourage urban expansion toward the least productive soils.

2.1.f. Allow rural residential development as a buffer between urban development and intensive crop land.

About 28% of the County is used at least part of the year for grazing cattle, sheep, goats and other livestock on natural vegetation which varies by season and elevation. Consequently, livestock which graze in the valley and low foothill areas in the winter are frequently moved to summer pasture on timberland and other mountain areas. Because the per-acre production and value of grazing land is low relative to other uses, it is usually susceptible to development pressures if other prerequisites for development exist. An additional 2% of county and is developed as irrigated pasture, a much more intense and productive type of livestock operation.

2.2.a. Maintain extensive areas for primary use as livestock grazing land.

2.2.b. Allow livestock grazing on all suitable sites not needed for development or crop production.

2.2.c. Prevent scattered development in grazing areas.

2.2.d. Discourage irrigation of grazing land with poor drainage or which has a high risk of mosquito production.

2.2.e. Retain in a Grazing-Open Land category areas on the Land Use Map where location and natural conditions make lands well suited for grazing land, while considering for non-grazing use areas where urban encroachment has made inroads into grazing areas and where past official actions have planned areas for development.

The extensive pine and fir forests in the mountainous eastern third of the County are owned and managed, for the most part, by the U.S. Forest Service or by several large timber companies. Much of the timber is processed in large mills in Oroville and Chico. The manufacturing of lumber and wood products accounts for about 4% of the wage-and-salary employment in the County and a healthy share of basic income to the County economy. Timberland also has significant value for wildlife habitat, recreation and watershed protection. Following the provisions of the 1976 Forest Taxation Reform Act the County placed most of the best private timberland in a restrictive "Timberland Preserve Zone". This zoning reduces property taxes and thus encourages longer-range management policies.

2.3.a. Limit the use of timberland to forestry activities and compatible uses.

2.3.b. Encourage "Timberland Preserve" zoning for all suitable sites.

2.3.c. Encourage management of timberland to maintain long-term productivity.

2.3.d. Retain in a "Timber Land" category areas on the Land Use Map where location and natural conditions make lands well suited for timberland, while considering for non-timber use areas where urban encroachment has been made inroads into timber areas and where past official actions have planned areas for development.

Due to the high precipitation levels in the Sierras, Butte County has an abundance of water resources in the form of large streams, many reservoirs, an extensive irrigation and canal system, and a permanent ground water supply in the valley. The Feather River and the Sacramento River are the key supply elements in enormous water projects providing for agricultural irrigation and domestic uses in distant parts of the State. Local use of our water resources by residents, industry and recreation is growing steadily. As the County grows, the potential also increases for degradation of water resources through pollution and erosion-sedimentation.

2.4.a. Maintain quantity and quality of water resources adequate for all uses in the County.

2.4.b. Support water development projects needed to supply local demands.

2.4.c. Control development in watershed areas to minimize erosion and water pollution.

2.4.d. Require proof of adequate water supply for all new development.

2.4.e. Conservation of water and energy will be considered in approving plans for new development.

2.4.f. Exercise constant vigilance in the protection against export of our ground water supply.

The relatively high quality of air resources which has attracted people to Butte County is gradually being affected by the growth. Climatic variables and the surrounding mountains create a significant potential for air pollution in the entire Sacramento Valley. Pollution problems are combustion by-products from vehicles and such stationary sources as burning of rice stubble and other wastes, space heating, industry and power plants. Air pollution can not only damage human health and impair visibility but also has the potential to decrease the productivity of agricultural and industry. Air quality in this region is regulated mainly by the State Air Resources Control Board with increasing federal requirements and local involvement.

In response, to the Clean Air Act Amendments of 1977, the Butte County Association of Governments has prepared an Air Quality Implementation Plan for attainment of federal ambient air standards.

2.5.a. Evaluate carefully the air pollution potential of all development plans and proposals.

The extensive gold mining activities of the 1800's and early 1900's have long since diminished to a number of small operations and recreational "panning", leaving behind tunnels, shafts, waterworks and cobbles. Nonetheless, the residual deposits left by hydraulic and barge mining operations have become a major mineral resource in their own right.

The processing of sand, gravel and other building materials is currently the only large scale commercial mining activity in the County, although potentials do exist for future development of limestone, clay, silica sand and some metals.

2.6.a. Encourage extraction and processing of identified deposits of building materials and other valued mineral resources.

2.6.b. Encourage the reclamation of lands subject to mineral extraction.

The County's natural supply of combustible fossil fuels appears very limited at this time, consisting of several small underground deposits of natural gas along the County's western boundary. With numerous power-plants operated by the Department of Water Resources, Pacific Gas and Electric and the Oroville-Wyandotte Irrigation District, the hydroelectric resources of the Feather River and its branches are among the largest and most developed in California. This method of power generation provides clean, inexpensive and reliable electric power for the entire grid system as well as substantial employment income, property taxes and revenues from power sales.

2.7.a. Encourage expansion, construction and efficiency of hydroelectric power plants in the County.

2.7.b. Encourage the development of natural gas fields and other fossil fuel sources.

2.7.c. Encourage the development of alternate forms of energy production, including solar power and burning of waste.

2.7.d. Promote conservation of energy resources in reviewing proposed developments.

Residential Development - 3

Housing which provides adequate shelter, security and space is basic to the welfare of all County residents. Satisfying these housing needs requires conservation and rehabilitation of existing housing and construction of new housing.

Because the economic well being of the County and satisfaction of housing needs are both dependent on balancing housing supply and demand, the County can best assist the housing market by assuring enough suitable space for new housing construction.

3.1.a. Establish appropriate zoning to provide sites (including various choices) to meet housing needs for the ensuing 20 years.

3.1.b. Provide a diversity of housing sites varying in size, density and location.

The distribution of county population and the needs for public services and facilities is largely determined by the densities of residences in different areas of the County. Density is also important in its effect on the quietness, "elbow room" and overall quality of housing situations. the intensity of residential development is related to a number of factors, including the natural capabilities of property, the availability of public facilities, the value of property and proposed dwelling units, and the developing trend and characteristics of the surrounding area.

3.2.a. Correlate residential densities to soil, slope and other natural site characteristics.

3.2.b. Correlate residential densities to availability of water and sewage disposal and proximity to other public facilities.

3.2.c. Relate residential densities to intensity and compatibility of adjacent uses.

3.2.d. Balance residential densities with traffic-carrying capacities of existing and proposed circulation plans.

Small businesses in the home can provide self-employment and a degree of financial independence for the residents. Similarly, offices and commercial uses in residential areas can sometimes provide convenient services to area residents. Home businesses and some offices and services can be compatible with residential uses if sufficient limitations and conditions are placed upon the business activities. Several of the County's existing categories currently allow certain limited types of commercial use.

3.3.a. Allow home occupations and compatible types of commercial uses were approved of in residential areas.

3.3.b. Regulate visibility, employment, advertising, parking, etc. of businesses allowed in residential areas in order to maintain a predominantly residential character.

Because plant crops and the raising of livestock and poultry require extensive space and can have offensive characteristics, such uses are not always compatible with urban residential densities, however, agricultural uses are frequently desired and expected by residents and can be an acceptable accessory use with controls on the intensity of such use.

3.4.a. Allow agricultural uses and farm animals in designated residential areas where appropriate.

3.4.b. Limit density of farm animals in relation to type of animal and parcel size.

The county contains significant agricultural, scenic and environmental resources and hazards that warrant preservation or avoidance, while allowing for development of nearby lands. Flexibility in the application of development standards, will allow for appropriate residential development to occur while preserving these resources to the maximum extent possible.

This flexibility in development design is not intended to provide for attainment of higher residential densities than would otherwise be permitted by the General Plan or applicable Zoning district.

Policies

3.5.a. Allow residential development to occur based upon either minimum lot size or average density using variable lot sizes, in appropriate residential General Plan land use designations provided that the density of the existing Zoning district is not exceeded. When the use of density averaging results in open space parcels, a binding mechanism shall be provided to permanently assure, to the greatest extent feasible, protection of the open space area from future development. Depending upon the needs of the property owner and the environmental sensitivity of the open space lands, acceptable mechanisms for protection can include a conservation easement, development agreement, or the transfer of development credits.

3.5.b. Provide for Flexible Lot Size Provisions in appropriate residential Zoning districts that allow for flexibility in the siting of residential development and the preservation of open space.

3.5.c Allow for the transfer of residential density between parcels within a single development area, including between General Plan land use designations and Zoning districts. Density transfers shall only occur under a development agreement or other acceptable mechanism administered by the County of Butte.

Adopted: 10/12/99 by Resolution: 99-145.

Economic Development - 4

Economic growth and vitality is based on a strong, stable and diversified economy that provides a wide range of meaningful employment and investment opportunities. Individuals who enter the business sector gain independence for themselves, create jobs for others and help to increase the tax base.

4.1.a. Provide sites and facilities to accommodate a variety of economic activities.

Enhancing the value of private property increases both the potential sales prices and the assessed value, bringing benefits to both the private and public sectors. The American concept of property rights requires the County to allow wherever possible a profitable economic use for each parcel and to maintain surrounding property values.

4.2.a. Maintain economic use and value of private property.

The purpose and function of commercial facilities relates directly to the market demand for such services.

The public derives the most value for its investments when individuals are encouraged to enter the market place who are willing to compete in offering goods and services in relation to "supply and demand".

4.3.a. Encourage a full range of commercial services at the regional, community and neighborhood levels.

4.3.b. Coordinate future commercial facilities with existing and proposed transportation systems, utilities and other public facilities.

4.3.c. Designate sufficient land for commercial facilities to fulfill needs for services and employment.

4.3.d. Designate retail and service commercial areas in close proximity to residential development.

In recent years industrial activity has assumed an increasing role in the economic growth of the County. A continued expansion of the industrial base will be necessary to provide sufficient employment opportunities and strengthen the economic base of the County.

4.4.a. Promote the development of new industry in the County.

4.4.b. Locate industry near major transportation facilities which carry raw materials, finished products and commuting workers.

4.4.c. Direct new industry to locations adequately served by major utilities and provide sufficient services and utilities to meet future industrial needs.

4.4.d. Promote the full utilization of existing industrial areas.

4.4.e. Encourage the grouping of industrial and heavy commercial uses into integrated industrial parks.

Not all commercial and industrial uses are compatible with each other or with other uses. Similar business uses sometimes group together to serve working relationships or to attract each other's customers. Industrial activities frequently have noises, odors or other characteristics which are offensive to residences, offices and retail commercial uses.

A functionally efficient business environment is thus facilitated by the separation of incompatible types of use.

4.4.a. Relate the intensity and variety of commercial uses to the market accessibility of each site.

4.4.b. Limit light commercial uses in planned industrial areas.

4.4.c. Limit manufacturing and wholesale activities in light commercial areas.

4.4.d. Limit residential uses in industrial and commercial areas.

4.4.e. Encourage the separation of heavy industrial and residential area with other uses, natural barriers or public facilities.

Public Facilities - 5

Taken together, streets, roads, airports, railroads, sidewalks and other transportation facilities constitute a major land use. The location and growth of communities and the local pattern of development are largely dependent on transportation systems. The interrelationship between transportation and land use is exemplified in the Government Code which requires the correlation of the Circulation Element with the Land Use Element of the General Plan. The Circulation Element adopted by the County in 1971 was supplemented in 1975 by a county-wide Regional Transportation Plan adopted by the Butte County Association of Governments.

5.1.a. Provide transportation facilities of all types to supply needs for rapid, efficient, comfortable, and safe passage of people and commodities.

5.1.b. Provide a circulation system and plan that is consistent with and will support existing and proposed patterns and densities of land use.

5.1.c. Anticipate public facilities needs so land acquisition and new construction will be timely and take place with a minimum of cost.

Approximately 85% of the County's residents currently receive domestic water and/or sewer service from community systems. County Health Department guidelines allow much higher densities on property served by such systems than on parcels with individuals wells and septic tanks. Consequently, the location of water and sewer lines largely determines the size and shape of urban development in the County. Because the extension of such lines so significantly affects government costs and land use patterns, all annexations to public systems must be reviewed and approved by the County-level Local Agency Formation Commission.

5.2.a. Encourage expansion of public water and sewer systems where development to be served conforms to adopted land use plans.

The numerous winter rainstorms in this area frequently cause accumulations of standing water which can damage buildings and crops, block traffic flow and disrupt most land uses. In recent years the Sacramento River and marshy valley areas have occasionally experienced rather large scale flooding. Most of the urban areas and irrigated crop lands, however, are protected by a complex network of gutters, ditches, and overflow channels. Drainage problems and greatly increased by urban development and its buildings and pavement, both of which prevent ground absorption and increase surface run-off.

5.3.a. Plan drainage facilities to serve areas of future urban growth.

5.3.b. Require adequate drainage improvements for new development.

5.3.c. Encourage improvement of flood control facilities along the Sacramento River, while at the same time preserving the riparian habitat of the river.

5.3.d. Direct future urban growth away from flood-plain areas.

Most of the County obtains electrical power and telephone service from large companies whose regulation is almost totally in the hands of the State Public Utilities Commission. Similarly, the County has very little control over the non-governmental systems which provide domestic water service to the entire Chico urban area, part of the Oroville urban area and several smaller communities. It is obvious, however, that the location of these private utility lines affects the timing and pattern of new development.

5.4.a. Encourage expansion of private utility systems consistent with County plans and policies.

Butte County adopted a "Master Plan for Parks and Recreation" in 1952 and in 1971 adopted a Recreation Element as part of the General Plan. The County's role in recreation thus far has been limited to construction of the Lime Saddle Boat Ramp and allocation of state grants. Most recreation facilities in the County are managed by 4 cities, 5 special districts, the State Department of Parks and Recreation and the U.S. Forest Service. A total inventory of recreation facilities must also include the extensive sports facilities of local schools, Butte College and California State University, Chico are private enterprises such as golf courses, tennis and hunting clubs, race tracks, riding stables and bowling alleys. The health of the County's citizens benefits greatly from the variety of recreation opportunities and their continuing availability.

5.5.a. Work with public agencies to designate sites for new parks and recreation facilities.

5.5.b. Support development of commercial recreation facilities on suitable sites.

5.5.c. Encourage maximum recreational use of public schools.

Public schools in the County are presently operated by 10 elementary school districts, 2 high school districts, 4 unified school districts and the Butte Community College District.

Because the quality of education is affected by the number of students in the school and classroom, careful coordination of school locations with land use plans is necessary to avoid over crowed or under utilized schools. Educational facilities also need locations easily accessible to their entire service area and away from noisy, disruptive or dangerous environments.

5.6.a. Provide information on projected population growth and development patterns to school districts to facilitate adequate school facilities.

5.6.b. Consider proximity to students and compatibility of adjacent uses in locating schools.

5.6.c. Relate land use to designated school sites.

The average time needed to respond to fire calls depends largely on road access and the location of fire fighting equipment and personnel. More than 20 stations providing year-round protection to valley areas are operated by the County, the four cities and two independent districts. Most foothill and mountain areas are served by community volunteer companies and seasonally by the State Division of Forestry and U.S. Forest Service. These government agencies and others serving this area require many offices, meeting rooms, garages, parking lots, storage areas and other structures. The efficient arrangement of these facilities and their location in proximity to the population served can maximize the level of service and minimize public costs.

5.7.a. Locate new fire stations with consideration to accessibility, future development and natural fire hazards.

5.7.b. Encourage central and convenient locations for all government buildings consistent with land use plans.

5.7.c. Encourage central and convenient locations for hospitals, meeting halls, private schools and other quasi-public uses.

The management and disposal of solid and liquid wastes is closely monitored by Federal and State governments.

As a result of Government Code 66700 ET SEQ., Butte County adopted a solid waste management plan in 1975 for the purpose of setting forth a program for the storage, collection, processing and disposal of all solid waste material is performed by several privately owned transfer stations and one central sanitary land-fill site which is owned by the County and leased to a private company for operation and management. The use, storage and disposal of liquid waste is regulated by the County Health Department in cooperation with the State Water Quality Control Board.

5.8.a. Protect the public health and safety of Butte County residents and the natural environment through efficient solid and liquid waste management practices.

5.8.b. Support the continued review and study of alternate locations for the disposal of solid and liquid wastes.

Environmental Preservation - 6

The relatively low intensity of land use in much of the County has created a generally safe and pleasant living and working environment. Many types of land use, especially some commercial and industrial activities, can be detrimental to the health and safety or nearby residents and workers. However, the blighting effects of many "objectionable" uses can be minimized by requiring suitable locations and mitigating design measures.

6.1.a. Maintain public health and safety by requiring proper location and design for uses with offensive odors, dust, smoke, light, traffic, vibration, explosives, pollutants, insects and similar blighting influences.

The detrimental effects of noise is a subject of a separate element of the County's General Plan. The "Noise Element" adopted in 1977 contained several policies and implementation measures on noise that relate directly to land use planning. The most significant ones are summarized below.

6.2.a. Consider recommended noise levels in review of proposed development.

6.2.b. Locate noise-sensitive uses away from airports.

6.2.c. Control locations of noisy recreational activities and events.

The low proportion of land presently devoted to intense urban uses is an indicator of the spacious and natural setting County residents now live in. Undeveloped areas are valuable not only for production of food and fiber but also for the diverse functions of maintaining air quality, defining community boundaries and identities, providing space for relaxation and recreation, and reminding urbanites of natural resources and rural activities.

6.3.a. Provide open space areas near and between designated urban areas on the Land Use Map.

The open character of the County and its variety of terrain and elevation provides many beautiful vistas and panoramas from rural highways. These picturesque natural landscapes are not only of value to existing residents but are also an attraction to tourists and new residents. Maintaining the benefits of scenic highways requires controls on development in scenic corridors and continual consideration of the view from the road. Following are policies from the Scenic Highways Element adopted in 1977 which affect land use.

6.4.a. Protect valuable scenic areas and parks for enjoyment by residents and visitors.

6.4.b. Consider development of a system of scenic highways.

6.4.c. Encourage compatible land use patterns in scenic corridors and adjacent to scenic waterways, rivers, and creeks.

The County has a variety of wildlife species dependent on protection of their natural habitat for continual survival.

The high mountain areas provide summer range for deer herds; the lower foothills provide winter range. Marsh areas and vegetation along streams are home for many waterfowl, game birds and other small animals.

Lake Oroville and the County's larger streams are highly valuable habitats for trout, salmon, bass and other game fish. Several rare and/or endangered plants and animal species are found within the County.

6.5.a. Regulate development in identified winter deer ranges to facilitate the survival of deer herds.

6.5.b. Prevent development and site clearance other than river bank protection of marshes and significant riparian habitats.

6.5.c. Limit development which would increase sediment loads in prime fishing waters.

6.5.d. Regulate development to facilitate survival of identified rare or endangered plants and animals.

A small portion of the Plumas National Forest land within the County is included in the officially designated Feather Falls Scenic Area and the National Wild and Scenic River (Middle Fork of the Feather River). Several areas near the northeast County boundary are now being considered for wilderness designation. The State of California manages two large areas for recreation and wildlife habitat: the Grey Lodge Waterfowl Management Area and the borrow area along the Feather River.

6.6.a. Encourage the creation and expansion of natural and wilderness areas.

Evidences of pre-historic human activities have been found throughout the County but especially along fishing streams in the foothill oak areas. Our knowledge of early Native American culture depends almost entirely on the examination of these archaeological sites and their contents. California law now requires investigation of identified archaeological sites during the environmental review process.

6.7.a. Identify and evaluate all cultural resources impacted proposed projects before approval and development.

6.7.b. Preserve significant sites or require their detailed investigation by competent archaeologists.

The first substantial settlements of white Americans in Butte County began in the 1840's. The gold mining settlements which constituted most of the early development eventually disappeared but left many traces in the form of buildings, mines, canals, roads, tools, coins, etc. Many of these artifacts are preserved in place, in museums or just with commemorative plaques.

6.8.a. Encourage preservation of significant historical sites.

Natural Hazards - 7

Most of the mountain and foothill areas of the County have a significant natural fire hazard whose severity varies with vegetation, slope and elevation. The number of wildfire occurrences is increasing along with the increase in visitors and new residents. Fire control and suppression in rural areas is often restricted by inadequate water supplies and protection services. Existing policies on fire hazards are contained in the Safety Element adopted in 1977 and are restated below.

7.1.a. Consider fire hazards in all land use and zoning decisions, environmental review, subdivision review and the provision of public services.

7.1.b. Guide development to areas with adequate fire protection services.

Butte County contains many known geologic fault lines; and a number of minor earthquakes have occurred in the area in historic times. The largest movement and damage came with the Oroville-Palermo earthquake of August 1975 and related tremors. The associated Cleveland Hill fault east of Oroville showed two miles of surface cracking at that time and is the only fault in the County to be declared a Special Studies Zone by the State.

7.2.a. Consider the most recent information on seismic hazards in all zoning and subdivision decisions.

7.2.b. Restrict development along known active fault areas.

Despite the construction of numerous dams, levees and diversion channels, there are still extensive valley areas subject to occasional flooding. In peak rain years, major flooding can occur along the Sacramento River, lower Butte Creek and lower Honcut Creek.

Localized drainage problems also plague many other small areas in the valley.

7.3.a. Limit development in areas with significant drainage and flooding problems until adequate drainage or flood control facilities are provided.

The risk of landslides is greatest in areas with steep slopes, weak rock and high rainfall; some areas around Lake Oroville and its branches have very high risk. Erosion potential varies by the same factors but is greatest in granite areas. Findings and policies on these subjects and other geologic hazards are presented in the Safety Element adopted in 1977.

7.4.a. Correlate allowable density of development to potential for landslides, erosion and other types of land instability.

LAND USE CATEGORIES

Functional Separation:

The above policies express County desires and objectives on future development and are implemented largely by applying them to the arrangement of various uses on a map. The translation of policies to map form requires a set of land use classifications to serve as a map legend and as possible choices for designating the proposed general distribution of uses.

Land use categories combine similar and compatible activities into groups with differing needs for location and space. Agriculture, forestry, mining, outdoor recreation, environmental preservation activities and other "open space" uses generally require extensive land areas with little structural development and few residents. In contrast to land and resource-oriented uses, most residential, commercial, industrial and public uses occupy small areas of land intensely developed with buildings, pavement, and human activities. Because of employment, service needs and travel time, urban uses are more location-oriented than rural uses and require sites in proximity to each other. The various location and space requirements of land uses can only be satisfied by separating uses into categories and attempting to provide suitable sites for each category.

Principles and Standards:

The following categories and associated standards for development, when applied to the land use plan map, together provide the framework for determining consistent zoning and judging development proposals.

A complete explanation of the format and subjects used for category description is presented here and immediately followed by the principles and standards for the legend categories used on the County's land use plan maps.

Primary Uses: The proposed development pattern is to be illustrated through the designation and arrangement of general categories of land uses. The title of each category refers to the predominant character of an area, and the description of primary uses defines the intended principle uses in that area. Providing suitable locations and space for the primary uses is the basic purpose of each category.

Secondary Uses: This section includes other appropriate uses which are less extensive but similar, compatible or necessary to the primary uses. It is assumed that the terms include necessary and customary subordinate uses incidental to the stated uses.

Site Designation Criteria: The statements present the preferred site attributes for this category.

Using the criteria to choose the appropriate category requires a comprehensive evaluation of natural characteristics, public facilities, existing development and growth trends of every site and the surrounding area. The criteria for each category are not intended to be conclusive and mutually exclusive, but rather as basic guidelines. consequently, some sites may appear to be suited for more than one or perhaps none of the categories. Such areas should be assigned to the category whose uses and standards seem most compatible to the site characteristics.

Intensity of Use: Specific limitations on parcel sizes and residential densities are indicated for most categories. Other uses which should be restricted in some fashion are also presented. Each zone should regulate all uses as need to maintain primary uses and protect adjacent uses.

Consistent Zones: According to Government Code Section 65860, a local zoning ordinance and adopted general plan are consistent only if:

"The various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses and programs specified in such a plan."

The prescribed zones for each category represents a collection of all current County zoning classifications which could be consistent to that category. This consistency determination, however, is insufficient as it only related zoning regulations to category provisions and not to the application of policies and implementation measures to specific proposals. The consistent zones listed in each category, therefore, relate to the intended primary and secondary uses only and not to other policy or implementation considerations. The consistency of zoning regulations is further considered in the "Implementation Program" section.

Zoning Factors: These are subjects which are to be considered in the evaluation of consistent zones and the choice of the most appropriate zoning classification. Like site designation criteria, the use of these factors requires extensive analysis of site characteristics and evaluation of individual situations. These factors should guide decisions on residential densities and intensity of use for rezonings, use permits and all development proposals.

Primary Uses: Cultivation, harvest, storage, processing, sale and distribution of all plant crops, especially annual food crops.

Secondary Uses: Animal husbandry and intense animal uses, resource extraction and processing, hunting and water-related recreation facilities, dwellings, airports, utilities, environmental preservation activities, public and quasi-public uses, home occupations.

Site Designation Criteria:

1. Soil conditions well suited for plant crop operations.

2. Adequate water supply.

3. Predominate parcel sizes of 5 acres of more.

4. Used for crop production or secondary uses.

5. Adjacent uses compatible with primary and secondary uses.

Intensity of Use: Minimum parcel size of 5 acres. One single-family dwelling per parcel with additional housing for on-site-employees.

Consistent Zones: A-20 through A-160, RC & PQ.

Conditionally Consistent Zones: A-5, A-10, subject to findings of conformance with Conditional Zoning and Development Criteria listed below.

Conditional Zoning and Development Criteria:

1. Predominate existing parcel sizes range from 5 to 10 acres.

2. Adjacent to or in the general vicinity of urban boundaries.

3. Present status of agricultural production will not be significantly impaired.

Zoning Factors:

1. Existing parcel sizes and dwelling densities.

2. Proximity to urban development.

3. Effects on adjacent uses.

4. Potential for pest insect breeding.

5. Economic viability.

6. Local desires.

Primary Uses: Livestock grazing, animal husbandry, intense animal uses and animal matter processing.

Secondary Uses: Resource extraction and processing, forestry, plant crops, agricultural support services, outdoor recreation facilities, airports, dwellings, utilities, environmental preservation activities, public and quasi-public uses and home occupations.

Site Designation Criteria:

1. Natural conditions poorly suited for plant crops or timber.

2. Predominate parcel sizes of 40 acres or more.

3. Used for grazing and secondary uses.

4. Adjacent uses conducive to livestock grazing.

Intensity of Use: Minimum parcel size of 40 acres. Where a PA-C is used the minimum gross density could vary from 20 to 40 acres per dwelling unit provided at least 80% of the total acreage of a project is set aside for open space uses. One single-family dwelling per parcel with additional housing for on-site employees.

Consistent Zones: TM-40 thru TM-160, A-40 thru A-160, FR-40 thru FR-160, R-C, C-F,

TP-160, PA-C.

Zoning Factors:

1. Existing parcel sizes and dwelling densities.

2. Livestock carrying capacities.

3. Slope.

4. Proximity to urban development.

5. Effects on adjacent uses.

6. Local desires.

Primary Uses: Forest management and the harvesting and processing of forest products.

Secondary Uses: Animal husbandry, resource extraction and processing environmental preservation activities, outdoor recreation facilities, dwellings, utilities, public and quasi-public uses, home occupations, and airports.

Site Designation Criteria:

1. Climates, slope and soils generally suitable for conifer forests and commercial timber production.

2. Predominate parcel sizes of 40 acres or more.

3. Ownership by U.S. Government or timber companies.

4. Adjacent uses conducive to timber production.

Intensity of Use: Minimum parcel size of 40 acres. Where a PA-C is used the minimum gross density could vary from 20 to 40 acres per dwelling unit provided at least 80% of the total acreage of a project is set aside for open space uses. One single-family dwelling per parcel with additional housing for on-site employees.

Consistent Zones: TM-40 thru TM-160, A-40 thru A-160, FR-40 thru FR-160, R-C, C-F,TP-160, and PA-C.

Zoning Factors:

1. Existing parcel sizes and dwelling densities.

2. Slope.

3. Elevation.

4. Road access.

5. Effects on adjacent uses.

6. Local desires.

Primary Uses: Agricultural uses and single-family dwellings at rural densities.

Secondary Uses: Animal husbandry, forestry, intense animal uses, home occupations, mining, outdoor recreation facilities, environmental preservation activities, airports, utilities, public and quasi-public uses, group quarters, care homes and transient lodging.

Site Designation Criteria:

1. Beyond service areas of community water and sewer systems.

2. Less than 30% slopes.

3. Adjacent or near to existing roads and public utilities.

4. Not within flood plains or known active faults.

5. Past official actions.

Intensity of Use: Minimum parcel size of one to forty acres. One single-family dwelling per parcel. Home occupations, farm animals, other uses and setbacks regulated to maintain rural character.

Consistent Zones: A-20, A-40, TM-20, TM-40, FR-20, FR-40, & C-F.

Conditionally Consistent Zones: A-5, A-10, TM-1 thru TM-10, FR-2 thru FR-10, SR-1, AR-MH-3, RT-1A, & PA-C, subject to findings of conformity with Conditionally Zoning and Development criteria listed below.

Conditional Zoning and Development Criteria:

1. Compatible with neighboring agricultural activities.

2. Evidence of adequate water and sewage disposal capacity.

3. Availability of adequate fire protection facilities.

4. Adequately maintained approved road access with sufficient capacity to service area.

5. Reasonable accessibility to commercial services and schools.

Zoning Factors:

1. Existing parcel sizes and residential densities.

2. Slope.

3. Soil conditions and water availability.

4. Effects on adjacent uses, crop production, livestock grazing, forestry, resources extraction and wildlife habitat.

5. Proximity to public roads and other public facilities.

6. Distance from airports, railroads and industrial uses.

7. Existing utilities and drainage facilities.

8. Potential for surface cracking, landslides and erosion.

9. Effects on noise, traffic flow and safety, water quality, air quality, wildlife habitat and general environmental quality.

10. Local desires.

11. Potential for pest insect breeding.

Primary Uses: Single family dwellings at rural densities.

Secondary Uses: Agricultural uses, animal husbandry, home occupations, resource extraction and processing, forestry, outdoor recreational facilities, environmental preservation activities, airports, utilities, public and quasi-public uses, dwellings, group quarters, care homes, and other secondary uses which are consistent with the Foothill Area Residential designation.

Site Designation Criteria:

1, Needed for rural foothill residential development within 20 years.

2. Not important for the maintenance of commercial livestock, forestry or agricultural industries of Butte County.

3. Located in rural foothill areas outside of the urban communities.

4. Located beyond the service areas of community water and sewer systems.

5. Having topography, slope and soil conditions conducive to foothill rural residential development, in conformity with safety, health, and environmental requirements.

6. Adjacent or near to existing roads and public utilities.

7. Past official actions.

Intensity of Use: Minimum parcel size of one to forty acres, with the specific density being subject to the zoning factors and development criteria listed below.

Consistent Zones: FR-5, FR-10, FR-20, FR-40, FR-160, A-5, A-10, A-20, A-40, A-160, AR-5, SR-5, TM-5, TM-10, TM-20, TM-40, TM-160, C-F, R-C, P-Q, and PA-C (5 acre minimum).

Conditionally Consistent Zones: FR-2, AR-MH-1, AR-MH-3, SR-1, SR-3, TM-1, TM-2, TM-2 1/2, RT-1A, P-Q, FR-5, AR-5, SR-5, TM-5, A-5, PA-C, subject to findings of conformity with Conditional Zoning and Development criteria listed below.

Zoning Factors and Development Criteria:

1. Compatible with neighboring development activities.

2. Evidences of adequate water and sewage disposal capacity.

3. Availability of adequate fire protection facilities and law enforcement protection.

4. Adequately maintained approved road access with sufficient capacity to service area.

5. Reasonable accessibility to commercial services and schools.

6. Slope.

7. Soil conditions and water availability.

8. Effects on adjacent uses.

9. Proximity to public roads and other public facilities and public utilities.

10. Potential for surface cracking, landslides, and erosion.

11. Effects on noise, traffic flow and safety, water quality, air quality, wildlife habitat and general environmental quality.

12. Local desires.

Primary Uses: Detached single-family dwellings at urban densities.

Secondary Uses: Agricultural uses, animal husbandry, home occupations, outdoor recreation facilities, utilities, public and quasi-public uses, group quarters and care homes.

Site Designation Criteria:

1. Needed for urban residential development within 20 years.

2. Adequate water supply.

3. Sewers available or natural conditions suitable for septic tanks.

4. Adjacent or near to existing utilities, roads and single-family residential development.

5. Good accessibility to commercial services, schools, fire protection and other community facilities.

Intensity of Use: Zoning allows net parcel sizes of one acre to 6,500 square feet. One single-family dwelling per parcel with other residential uses limited to a maximum density of 6 dwelling units per gross acre. * Home occupations, farm animals, other uses and setbacks regulated to maintain single-family residential character.

Consistent Zones: R-1, R-1 A & C, RT-1, RT-1A, A-SR, M-R, S-R, SR-5, SR-1, TM-1, R-MH, PA-C.

Zoning Factors:

1. Existing parcel sizes and residential densities.

2. Availability of sewers or suitability for septic tanks.

3. Effects on adjacent uses, water quality, air quality, noise, traffic flow and safety, and general environmental quality.

4. Proximity to major streets, commercial services and all public facilities.

5. Distance from airports, railroads and industrial uses.

6. Existing utilities, walkways and drainage facilities.

7. Local desires.

* Developments with densities in excess of 4 dwelling units per gross acre utilizing septic waste disposal systems must meet Health Department requirements and be clustered (PA-C) or be provided with sewer service.

Primary Uses: A mixture of urban residential uses, including, detached single-family homes, condominiums, multiple-dwelling structures, mobile home parks, group quarters and care homes.

Secondary Uses: Home occupations, professional and business offices, outdoor recreation facilities, utilities, public and quasi-public uses.

Site Designation Criteria:

1. Needed for urban residential development within 20 years.

2. Adequate water supply.

3. Sewers available or natural conditions well suited to septic tanks.

4. Adjacent or near existing utilities and urban development.

5. Excellent accessibility to commercial services, schools, fire protection and other community facilities.

Intensity of Use: Zoning allows net parcel size of 6,500 square feet. Maximum density of 13 dwelling units per gross acre with group quarters and care homes limited to similar densities. * Home occupations, commercial uses, other uses and setbacks regulated to maintain residential character.

Consistent Zones: R-1, R-1 A & C, RT-1, A-SR, S-R, SR-5, R-MH, A-R, R-2, R-3, R-4, AR-MH, MHP, PA-C.

Zoning Factors:

1. Existing parcel sizes and residential densities.

2. Method and capability of sewage disposal.

3. Effects on adjacent uses, water quality, air quality, noise, traffic flow and safety, and general environmental quality.

4. Proximity to major streets, commercial services and all public facilities.

5. Distance from airports, railroads and industrial uses.

6. Existing utilities, walkways and drainage facilities.

7. Local desires.

* For areas dependent upon septic tank waste disposal, soil conditions and the effluent volume based on the number of bedrooms will determine the actual number of units per acre not to exceed 13 dwelling units per gross acre in any case.

Primary Uses: Higher-density urban residential uses, including condominiums, multiple-dwelling structures, mobile home parks, group quarters and care homes.

Secondary Uses: Home occupations, professional and business offices, outdoor recreation facilities, utilities, public and quasi-public uses.

Site Designation Criteria:

1. Needed for higher-density urban residential development within 20 years.

2. Within service areas of community water systems.

3. Sewers available or natural conditions well suited to septic tanks.

4. Adjacent or near existing utilities and urban development.

5. Excellent accessibility to commercial services, schools, fire protection and other community facilities.

Intensity of Use: Zoning allows parcel sizes of 6,500 square feet. Maximum density of 20 dwelling units per gross acre with group quarters and care homes limited to similar densities. Home occupations, commercial uses, other uses and setbacks regulated to maintain residential character.*

Consistent Zones: A-R, AR-MH, R-2, R-3, R-4, MH-P, PA-C.

Zoning Factors:

1. Existing parcel sizes and residential densities.

2. Method and capability of sewage disposal.

3. Effects on adjacent uses, water quality, air quality, noise, traffic flow and safety, and general environmental quality.

4. Proximity to major streets, commercial services and public facilities.

5. Distance from airports, railroads and industrial uses.

6. Existing utilities, walkways and drainage facilities.

7. Local desires.

* For areas dependent upon septic tank waste disposal, soil conditions and the effluent volume based on the number of bedroom will determine the actual number of units per acre not to exceed 20 dwellings per gross acre in any case.

Primary Uses: Structures and activities providing a full range of merchandise and services to the general public.

Secondary Uses: Wholesale storage and distribution, processing and manufacturing, transient lodging, dwellings and group quarters, home occupations, utilities, public and quasi-public uses.

Site Designation Criteria:

1. Needed for commercial development within 20 years.

2. Good road accessibility to service area or traveling public.

3. Adjacent or near utilities, walkways and commercial development.

4. Less than 20% slopes.

5. Adequate fire and police protection.

6. Adequate water supply and sewage disposal capabilities.

Intensity of Use: Minimum parcel sizes, dimensions and setbacks to facilitate commercial development. Residential and industrial uses limited to minimize conflicts with commercial uses.

Consistent Zones: C-1, C-2, C-C, H-C, N-C, PA-C, R-4, S-H.

Zoning Factors:

1. Existing types of commercial and non-commercial uses in area.

2. Traffic volumes on nearby streets.

3. Number of residents in service area.

4. Parcel sizes.

5. Effects on adjacent uses, water quality, air quality, noise, traffic flow and safety, and general environmental quality.

6. Local desires.

Primary Uses: Processing, manufacturing, packaging, storage and distribution of goods and commodities.

Secondary Uses: Light commercial uses, dwellings, utilities, public and quasi-public uses.

Site Designation Criteria:

1. Needed for industrial development within 20 years.

2. Adequate water supply and sewage disposal capabilities.

3. Adjacent or near utilities and industrial development.

4. Adjacent or near arterial roads, railroads or major airports.

5. Less than 20% slopes.

6. Adequate fire and police protection.

7. Not immediately adjacent to residential uses.

Intensity of Use: Minimum parcel sizes, dimensions and setbacks to facilitate intense industrial development. Residential and light commercial uses limited to minimize conflicts with industrial uses.

Consistent Zones: M-1, M-2.

Zoning Factors:

1. Existing types of industrial use in area.

2. Parcel sizes.

3. Effects on adjacent uses, water quality, air quality, noise, traffic flow and safety, and general environmental quality.

4. Local desires.

Principal Characteristics: Following are the principal characteristics that define the Research & Business Park land use classification:

1. High quality employment centers within well-designed, well-maintained campus environments.

2. High land use and design standards, with large open space areas, active and passive recreational amenities, and extensive landscaping.

3. Development standards and design guidelines which are distinguished from other commercial and industrial land use designations in the county. Land use controls which prohibit outdoor storage and processing and minimize nuisance factors, such as Noise, light trespass, vibration, odor, etc.

4. An atmosphere that is conducive to economic development and the creation of employment opportunities at various levels, particularly medium income, and at relatively high employee densities.

Primary Uses: Allowable uses are narrowly defined to assure compatibility between uses. Industrial uses are limited to those manufacturers engaged in the production of low volume, high value products, particularly advanced technology products. Businesses requiring outdoor production and storage are prohibited. Following is a partial, representative listing of the primary permitted uses:

1. High and advanced technology, research and development uses, laboratories, including university-based research and facilities used for testing and analysis of products or uses.

2. Business and professional corporate headquarters, regional offices, and data processing facilities.

3. Uses that emphasize product development over high volume production in order to minimize traffic associated with the transportation of raw materials and products, and other nuisance factors.

Secondary Uses: Secondary uses are limited to supporting retail and service commercial uses intended primarily for the convenience of employees and businesses within the Business Park.

Site Designation Criteria: Following are the primary criteria for siting of Research & Business Parks:

1. Preclude lands with "Orchard and Field Crops" General Plan land use designation, including primary/productive agricultural lands and locations which could cause conflicts with existing agricultural operations.

2. Close proximity to existing communities while creating or maintaining open space values.

3. Close proximity and access to existing/planned highways and arterial streets.

4. Close proximity and access to existing/planned major infrastructure.

5. Minimal impacts on environmentally sensitive lands, such as wetlands, areas with sensitive habitat, and steep slopes.

6. Minimum site area of 200 acres.

7. Avoid 100-year flood-prone areas and known floodways.

Intensity of Use: Following are the primary mechanisms for controlling the intensity of uses and ensuring a quality campus environment:

1. Comprehensive development standards contained in the Zoning Ordinance further refine the listing of permitted uses.

2. Design guidelines.

3. Natural open space areas supplemented with formal landscaping maintained by property owners associations or public entity. Outdoor passive and active recreational facilities are encouraged.

Consistent Zones: Research & Business Park (RBP)

Zoning Factors:

1. Consistency with Site Designation Criteria.

2. Sites large enough to retain open space character.

3. Minimal effects on adjacent land uses (including residential), water and air quality, traffic flow and safety and general environmental quality.

4. Minimal impact on sensitive environmental features.

Adopted: 1/11/00 by Resolution: 00-09

Primary Uses: Large facilities owned and operated by government agencies, including schools, colleges, airports, dams and reservoirs, disposal sites, recreation facilities, conservation areas, fire stations and other government buildings and property.

Secondary Uses: Hospitals and other large quasi-public uses, housing for students or on-site employees, utilities.

Site Designation Criteria:

1. Needed for public use within 20 years.

2. Adequate utilities, water supply and sewage disposal capabilities.

3. Suitable location and road access for type of use.

4. Adequate police and fire protection.

5. Sufficient space for future expansion.

Intensity of Use: No standards, except where necessary to protect adjacent uses and public welfare.

Consistent Zones: P-Q and any zone which allows proposed use and public and quasi-public uses.

Zoning Factors:

1. Size of parcel and proposed use.

2. Permanency of facility.

3. Protection of surrounding residences and other uses.

4. Suitability of site for proposed use.

5. Effects on water quality, air quality, noise, traffic flow and safety, and general environmental quality.

6. Local desires.

Purposes:

To identify existing solid waste facilities including landfills, dumps, and solid waste transfer stations, expansion areas and to reserve future sites. The solid waste management facility combining land use designation allows uses which are accessory and/or related to solid waste and/or septage disposal. Support and accessory uses which are consistent with the solid waste management facility designation include, but are not limited to: recycling and waste diversion facilities, site monitoring operations, tire shredding and storage, composting operations, household hazardous waste facilities, metal scape yards, offices, maintenance and storage facilities for commercial refuse haulers and/or septic tank pumping companies and other similar uses which meet the purposes of this land use designation.

A potential site for a solid waste facility or site expansion may be designated on the land use map only when land uses authorized in the applicable city or County General Plan adjacent to or near the site expansion or potential site are compatible with the establishment or expansion of the site are compatible with the establishment or expansion of the site for a solid waste facility.

The solid waste management designation shall preempt the property from being concurrently used for residential purposes.

When a property is designated solid waste management facility, the underlying General Plan designation shall be retained to show the planned future land use.

The solid waste management designation shall be retained on the property until one of the two following conditions are met:

1. The site has been closed and fully reclaimed to Solid Waste Management Board, Regional Water Quality Control, and other regulatory agency standards; or

2. The site was a designated expansion area or reserved site never utilized, and determined to be inconsistent with surrounding land uses or the Butte County Solid Waste Management Plan.

Adopted: 11/19/85 by Resolution: 85-191.

Amended: 7/28/98 by Resolution: 98-117.

Definition and Purpose: The purpose of the sports and entertainment classification is to provide for sports, facilities, theater, a golf course, and an amphitheater, as primary uses, with a range of related land uses. The related land uses may include a range of commercial uses, including localized retail, commercial retail and service establishments which serve more than a single area. The intent is to encourage an appropriate mix of uses that will be compatible with a golf course, theaters, amphitheater, and rodeo facilities primary land use.

Permitted Uses: Examples of uses which are considered appropriate under this classification include, but are not limited to a golf course; an amphitheater for use as an open air entertainment facility; eating and drinking establishments; food and beverage sales; vehicle repair services; gasoline service stations; public buildings; hotels and motels; offices; RV Park.

Adopted: 12-7-99 by Ordinance No. 3570

IMPLEMENTATION PROGRAM

Land Use Plan Maps

Scale and Interpretation: The comprehensive land use map for Butte County is essentially one official map. The land use element "map", however, consists of a single over-all map of Butte County which depicts the land use designations in the rural areas of the County. Separate land use maps are provided for each of the areas around the five incorporated areas. In addition, the County is divided into planning areas (based on census tracts). The designated land uses for these areas are displayed on maps having a larger scale than the over-all county comprehensive land use map. The purpose is to provide greater detail for the urban and community areas. The small communities in the County will have maps of larger scale and detail taken for these areas. As each planning area map is amended and adopted, the detail of land uses for these areas will be found on their respective land use plan map. Ultimately, these planning area maps with greater data will be used in conjunction with the more generalized map.

The Government Code recognizes the general plan as consisting of a diagram or map in addition to a text which sets forth policies and standards for development.

Section 65302 reads:

"The general plan shall consist of a statement of development policies and shall include a diagram or diagram and text setting forth objectives, principles, standards, and plan proposals."

The text defines guidelines for development and establishes the framework for making judgments and decisions on land use and planning concerns. When this general plan is reviewed as to consistency with any project, reliance for any finding of consistency or inconsistency shall not be solely based on the land use map. As an example, Government Code 65860 defines the requirement of consistency as regards rezoning as:

"The various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in such a plan."

Government Code 66473.5 dealing with subdivision, in defining consistency, states:

"A proposed subdivision shall be consistent with a general plan or a specific plan only if the local agency has officially adopted such a plan and the proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs."

Government Code 65402 requires that prior to acquisition or disposition of property that such proposed action be reviewed as to "conformity" with the general plan. Thus, it is readily apparent that the required consistency finding for either a subdivision or zoning may not be based solely on a map determination, but rather upon the objectives, policies, general land uses and programs specified in the entire general plan.

Due to their "general" and long-term nature, land use plan maps do not need, nor ordinarily show, precise locations and definite boundaries. For this reason, land use plan maps do not operate as, or in the place of, zoning maps.

Implementation:

Land use plan maps shall have an appropriate scale as determined by the Planning Director (generally 1" = 4 miles for the over-all maps, 1" = 2,000 feet for urban and planning areas and 1" = 400 or 800 feet for special circumstances).

The decision-making agency shall decide which land use category is the more appropriate where development sites are split by or adjacent to indefinite category boundaries not following known physical feature or property lines.

Proposed uses that would be inconsistent with the land use plan map designations, but are surrounded by the contiguous to similar existing uses shall be considered consistent with the land use plan map.

Map Revision: Butte County adopted its first land use plan map in 1966. A new comprehensive land use map was adopted with the 1971 land use element.

For the reader and decision-maker to really understand proposed land use patterns land use plan maps show whole communities, whether they are small rural residential communities or complex urban areas. Focusing on an entire community area facilitates understanding existing growth trends, future growth estimates and allocating sufficient land. A community wide focus during the development of plan maps similarly builds community identify and pride and engenders a wide base of public support for planning proposals.

The designation of land from one category to another requires considerable research and analysis. Both determining the relevancy of each adopted policy and choosing a category require evaluation of a variety of specific data such as existing development, natural resources, soil conditions, utilities and growth trends. Only when this information is presented in a complete and well-organized fashion is the public able to participate effectively and the County prepared to render reasonable decisions.

Implementation:

Planning staff shall prepare and the Commission shall adopt land use plan map boundaries for each community or area of the County.

Before holding public hearings, planning staff shall prepare and present a comprehensive report of all relevant policies and environmental considerations.

The County shall seek wide public participation before and during consideration of map amendments through the use of public meetings, local groups, questionnaires and other methods and notification of affected property owners.

Before approving land use plan map amendments, the Commission and Board shall each hold at least one public hearing after notifying all affected property owners.

Zoning

Consistency: The zoning ordinance is a set of districts with different regulations on permitted uses, residential densities, lot sizes, signs, parking, and the intensity and placement of structures. The written text of the ordinance must be accompanied by maps dividing the entire jurisdiction into zoning districts. The immediate effect, detailed regulations and precise boundaries of the zoning ordinance make it the most effective tool available for controlling physical development according to county policies.

State law had always recommended zoning to reflect adopted general plans, but it was not until 1974 that local zoning ordinances and general plans were required to be consistent. The remaining inconsistencies between the County zoning ordinance and the land use plan map reflects several distinct types of planning problems:

Portions of the County are still included in the "A-2" and "A-2 Limited" zoning districts which allow all uses, though some require a conditional use permit. These two general zones do not reflect either the text or maps of the General Plan and thus have not been listed as "Consistent Zones" for any of the land use categories described above.

This new text was made imperative because of the difficulties of trying to use the 1971 land use element as a guide in securing consistent zoning and in initiating land use map amendments. It is believed that zoning consistency in many areas will be greatly improved by the clarification of policies and standards and by future map amendments reflecting current data and complete site evaluation.

There are a number of minor inconsistencies between existing zones and the existing land use categories which could be remedied through rather simple changes in the zoning regulations. A few obvious examples would be; deleting intense residential uses from the list of conditional uses in the "A-R" and "T-M" zones; requiring use permits for residential uses in the commercial zones; increasing the minimum lot sizes of the "S-H" and "M-R" zones; and setting maximum densities for the "R-2", "R-3" and "R-4" zones.

It is important to note that urban categories (Residential, Commercial and Industrial) require zoning which allows urban uses and densities immediately. The greater range of consistent zoning classifications allowed in the rural categories (Orchard and Field Crops, Grazing and Open Land, Timber-Mountain and Rural Residential), places more attention and emphasis on zoning to determine densities.

Implementation:

The County shall eliminate the "A-2" and "A-2 Limited" zones through the rezoning of such areas to more consistent classifications as soon as practical.

The zoning ordinance shall be reviewed and amended as necessary to consistently reflect the policies and standards of this element.

Initiation of Rezoning: The zoning ordinance allows changes in zoning district boundaries only when requested by the Planning Commission, by the Board of Supervisors or by a petition of the owners of at least 60% of the property to be rezoned. Until recent years most rezonings were initiated formally or informally by the property owners affected. Since legal consistency with the General Plan has become an issue, several large rezonings of valley agricultural land have been initiated by the County Planning Commission. Developing and initiating consistent zoning proposals concurrently with land use plan map changes improves public participation, clarifies consistency relationships and integrates the environmental review process. Indeed, state law requires that consistent zoning be adopted within a reasonable time after a general plan change.

Implementation:

Planning Staff shall review consistency of zoning proposals with private applicants at the time of application and with the Planning Commission before initiation of rezoning.

The County shall establish precise zoning of all unincorporated areas consistent with the proposals of this element.

All land use plan map changes should be immediately followed by consistent rezoning.

Development Review

Use Permit and Variances: In most of the County's zoning classifications, a use permit is required for some uses which might be incompatible or objectionable to the other permitted uses. These uses are also called "conditional" uses because the approval of a use permit may be conditioned upon specific requirements for hours of operation, fencing, parking, building size and location, dedication, street improvements, drainage facilities, and other conditions reasonably related to the proposed use. A use permit is also required when a legal nonconforming use is changed to a more restrictive use or a use of the same nature. Applications for use permits are presently administered by the Planning Commission, although the law allows this function to also be performed by either a zoning administrator or other special committee appointed by the Board of Supervisors.

According to the County's zoning ordinance, the Planning Commission may grant use permits when it finds that the proposed use will not impair the integrity or character of the zone, will not be unreasonable incompatible with or injurious to surrounding properties, and will not be detrimental to the health, welfare and safety of the County and people living or working nearby.

The Planning Commission also reviews applications for variances to zoning requirements for lot size and dimensions and building setbacks. According to state law, variances can be granted only when the requirements would deprive the property of privileges enjoyed by nearby property in the same zone, and when approval of a variance will not constitute a special privilege or permit an unauthorized type of use. Like use permits, variances can be subject to reasonable conditions and are not now required to be consistent with the General Plan.

Implementation:

Conditions for approval of use permits and variances should serve to maintain primary uses in the area or to allow a continuation of a legal nonconforming use.

Subdivisions and Land Divisions: The details of the ultimate arrangement of individual land uses are largely controlled by regulations on the subdivision of land. Butte County's subdivision ordinance was first adopted in 1949, 5 years before the zoning ordinance and has been revised many times since. The stated purposes of the ordinance are to insure the orderly development of land to implement state subdivision laws and to:

"...effectuate the General Plan, specific plans and adopted community plans of the County relative to the subdivision of land."

The review and approval of subdivisions per ordinance requirements was performed by the Planning Commission until 1976 but, now is administered by a committee of County staff members. This "Advisory Agency" is required to review a report from the planning director on the relationship of each proposed subdivision to the State Map Act, the County's subdivision ordinance, the zoning ordinance, other ordinances, the General Plan, specific plans and community plans. If they determine an application is inconsistent with the general plan or any other applicable plans adopted by the Board of Supervisors, the Advisory Agency must disapprove the project.

The subdivision ordinance sets design standards not only for lot dimensions and configuration, but also for the locations, widths, alignments, grades and surfacing of new streets; for the improvement of existing rights-of-way; for the installation of curbs, gutters, sidewalks, fire hydrants, private utilities, sewers and drainage facilities; for dedication of park land; and for any other aspect of the entire subdivision "as may be necessary or convenient to insure conformity to or implementation of the General Plan or an adopted specific plan of the County". Land use plans, zoning regulations and community preferences are now considered in improvement requirements only as far as they influence the above size and location of lots. The lack of specific community plans for streets, parks and drainage facilities has often delayed or prevented installation or dedication.

Implementation:

Consistency with the provisions of this element shall be a condition of approval of all proposed divisions of real property reviewed by the County.

Subdividers shall be required to meet all design standards necessary to implement this element and provide improvements made necessary by their project.

Land use designations, zoning classifications, street functions, and community preferences shall be considered in the development of improvement standards.

The County shall prepare street and drainage plans for areas which are designated for urban uses on land use plan maps.

The County shall work with local recreation agencies to properly amend the Recreation Element of the General Plan so as to permit dedication of land for park purposes.

Environmental Review: The California Environmental Quality Act (CEQA) was passed in 1970 to ensure that government agencies give adequate consideration to possible environmental effects in their review and approval of construction activities and development projects.

Since 1973 the County has fulfilled CEQA provisions by requiring environmental review for public facilities, general plan changes, rezonings, use permits, variances, subdivisions, land divisions, annexations and other types of development projects. Projects are reviewed through an initial study to determine possible effects on the environment. The initial study must specifically determine if the proposal will result in significant alteration of the planned land use of an area or is in significant conflict with established uses. If a substantial adverse environmental impact is identified, then an Environmental Impact Report is prepared which describes all significant effects, especially those which are unavoidable, irreversible, cumulative, controversial or growth-inducing.

Implementation:

The County's environmental review process shall consider the concerns of all policies of the entire general plan and possible effects on all existing and planned land uses.

Coordination of Plans

City Planning Activities: The four cities in Butte County have much the same planning and zoning powers as the County, including developing general plans for areas beyond their jurisdiction boundaries if the need is apparent. The actual enforcement of zoning and subdivision regulations, however, is limited to areas within current boundaries of each respective jurisdiction. Consequently, neither the County or cities maintain absolute authority to implement their general plans throughout their planning areas. The obvious need for city-county cooperation in the development and implementation of plans is made even more apparent by the fact that almost one-third of Butte County's residents now reside within city boundaries, another third live in adjacent urban areas, and another 20% live in a community with growing support for incorporation.

The Government Code provides several mechanisms for coordinating the plans of cities and counties. Both are required to seek comments from the other when considering general plan amendments and consult with public agencies generally to secure maximum coordination of plans. Planning law also allows the cities to adopt applicable portions of the County General Plan and the County to adopt city general plans.

Since the County currently controls development in areas which may eventually lie within city boundaries, cities which are contemplating future expansion can significantly benefit from the coordination of city and county planning activities. Their concern in this regard is often focused on differences in zoning regulations and especially on city-county variations in standards for the design and improvement of subdivisions near city boundaries.

The acute need for frequent city-county consultation during the implementation process can be filled only by the establishment of regular procedures for review of proposed rezoning and development in these fringe areas.

In the Spirit of Cooperation:

The County will review development policies and proposals for both county and city general plans with the incorporated cities.

County planning staff shall review all city planning agendas and request consideration of county plans where necessary.

All proposed zoning activities and development projects within a city's general plan area shall be referred to the city for review and comment.

County subdivision standards shall consider city standards in areas designated for urban development on both city and county general plans.

City and District Boundaries: Development of urban character and densities usually requires domestic water and sewer systems and a variety of other services provided primarily by cities, special districts and County service areas. Since 1963, all formations, annexations, mergers, detachments or dissolution of local government agencies in California must be reviewed by a Local Agency Formation Commission (LAFCO) in each county. To meet its responsibilities to discourage urban sprawl and encourage the orderly formation and development of local government agencies, each LAFCO is required to "review and approve or disapprove, with or without amendments, wholly, partially, or conditionally" all proposals for boundary changes.

The general principles adopted by the Butte County LAFCO establish policies on intergovernmental cooperation, on preferred service priorities, annexation of islands, strips, streets and valuable properties, and on the preservation of established agricultural and open space areas. The LAFCO criteria for evaluating annexations requires consideration of adopted city and county general plans, needs for services, the respective agency's capabilities and reasonable alternatives.

The 1971 LAFCOs were given the responsibility for developing projected ultimate service area boundaries for each government agency. These "spheres of influence" are to guide LAFCO decisions on specific proposals, as well as promote cooperative intergovernmental planning of services. Butte County LAFCO adopts spheres or long range service plans for all the cities and districts in the County, taking into account existing boundaries, natural and manmade features, service capabilities and the probable future service needs of the area based on growth trends, population projections and the Butte County General Plan and appropriate City General Plan.

Implementation:

The County shall ensure adequate consideration of the provisions of the General Plan in LAFCO review of all proposed boundary changes.

Planning Commission and staff shall work with LAFCO to develop mutually-supportive spheres of influence and land use plans in all areas of the County.

Other General Plan Elements: Through four separate actions in 1971, 1973, 1974, and 1977, the County has adopted the nine required general plan elements (See "Introduction" for details). At this writing, the Housing and Public Facilities elements are also being updated. Because all the elements are concerned with the future development of the same area, they are interdependent and should logically be consistent with each other. To this end, the development of this element has taken into account the information and policies of the other adopted elements, especially the four new elements added in 1977. All future revisions of this element or any other will require a detailed review of other elements to find and change conflicting policy statements on the same subject.

Implementation:

Future revisions in this text and future revisions of land use plan map amendments shall be correlated with stated concerns and policies in all adopted elements.

The County shall review and amend, if necessary, the other general plan elements to minimize conflicts with the provisions of the land use element.

Other County Wide Plans

B.C.A.G. Air Quality Implementation Plan: Pursuant to the Federal Clean Air Act Amendments of 1977, the State Air Resources Board identified Butte County and the entire Sacramento Valley as not having attained national ambient air quality standards for several types of pollutants. In response to this designation and the Federal mandate to achieve attainment, the Butte County Association of Governments agreed to become the lead agency responsible for preparing an implementation plan for attainment of national ambient air quality standards by December 31, 1982, or, given special circumstances, December 31, 1987. The plan must describe pollutant sources and emissions, require certain permits, contain emission limitations, implement control measures, and commit the necessary resources.

The ability to minimize air pollution from moving vehicles will be critical to achieving air quality standards in the County and makes transportation and land use planning very important considerations.

The efficiency of transportation systems, the distribution and density of county residents and the proximity of homes to employment and services will all have a long-term affect on air quality. Air pollution control measures may also affect the location and extent of industry and other stationary sources.

Implementation:

The County shall evaluate potential impacts on air quality in the development of land use plans.

The County shall ensure adequate consideration of its adopted General Plan policies in the development of the Air Quality Implementation Plan by the Butte County Association of Governments.

Capital Improvements Program: The Government Code contains very specific provisions for Planning Commission review of all public facilities projects.

Section 65401 requires each city, special district, school district, board, commission and county department to submit the County a list of the public works projects proposed for planning initiation or construction during the ensuing fiscal year. An official agency designated by the Board must classify all proposals, prepare a coordinated program of public works for the next fiscal year, and submit the program to the County Planning Commission for their review and report as to conformity with the adopted general plan. Section 65402 also stipulates that no property shall be acquired for public purposes, no public property disposed of, no streets abandoned, and no public structures constructed or authorized until the Planning Commission has reviewed the project for conformity with the General Plan.

In 1976 the Board moved to implement Section 65401 by designating the County Department of Public Works as the official agency to receive proposals and submit a coordinated program or public works to the Commission. The Board resolution also established annual deadlines for submission of projects by local government agencies, program preparation by Public Works, and the Planning Commission review and report as well as requiring Public Works to transmit the Commission's determinations to the Board or project-sponsoring agency. This review procedure has not been consistently followed since its initiation, largely because public agencies have not been submitting descriptions of proposed projects to Public Works.

The magnitude of expenditures, the permanence of public facilities and their significant effects on land use planning demonstrate the need for augmenting year-to-year approach of Government Code requirements with longer-range programming of public works projects. Development of a capital improvements program similar to those of other California jurisdictions would facilitate sound fiscal management and the implementation of the County's adopted policies on future development.

The program would describe all desired projects, estimate the priority and cost of each project, and formulate a schedule for construction and financing based upon forecasts of future revenues and expenditure capabilities. By planning public facilities in this fashion projects can be scheduled when most needed, funds can be accumulated for large projects, and interested agencies and the general public will know about projects in advance of construction.

Implementation:

County staff shall notify all local public agencies of the Government Code requirements for review of public works projects and solicit their assistance and timely submittal of proposed projects.

The official agency designated by the Board of Supervisors shall prepare a coordinated program of all public works projects proposed for the ensuing fiscal year and shall submit the program to the Planning Commission for their review of its conformity with the General Plan.

The County shall prepare, adopt and maintain a 5-year capital improvements expenditures program which takes into account the provisions of the General Plan.

B.C.A.G. Regional Transportation Plan: Following the enactment of the Transportation Development Act of 1971 (SB 325), the Butte County Association of Governments was designated by the California Business and Transportation Agency as the Regional Transportation Planning Agency charged with the responsibility of preparing and adopting Transportation Plan for the Butte County Region and administering the Local Transportation Fund. The Regional Transportation Plan is directed to the achievement of coordinated and balanced regional transportation systems that are consistent with the regional needs and goals.

In 1975 BCAG adopted a Regional Transportation Plan for Butte County and submitted the document to the California Department of Transportation for incorporation into the California Transportation Plan. This same plan was subsequently readopted and resubmitted in 1976 and 1977 and is undergoing a major revision at this time.

The goals of the adopted plan are to develop a transportation system which satisfies the reasonable needs for movement of people and commodities via all roads, rail, air and all other transportation modes. It is also intended that the system "supports the physical development, urban growth and land use patterns proposed by regional and local planning bodies". Though the Regional Transportation Plan is closely related to general plan concerns and even duplicates the focus of the Circulation Element, there is no requirement for Planning Commission approval.

Implementation:

The County shall ensure adequate consideration of its Land Use policies and plans in the development of the Regional Transportation Plan by the Butte County Association of Governments.

Review and Amendment

Text Revision: As the legal significance and practical application of the General Plan has increased, it has become much more important to maintain an up-to-date document accurately reflecting current policies.

Consequently, the Government Code now requires the Planning Commission to file an annual report with both the Board of Supervisors and the State Office of Planning and Research on the status of the plan, the progress in its implementation and its compliance with General Plan guidelines.

Evaluation of the policies and standards in this text will continue after adoption as a natural part of the day-to-day interpretation and application of its provisions by staff and decision-makers. It is likely that changing conditions and experience in policy implementation will uncover a number of adopted policies requiring modification and the need for written policies on additional subjects. Because the provisions of the General Plan are designed for application to the development of the entire County, text amendments require careful consideration by the Commission and Board of all possible implications.

Implementation:

The County will consider all suggestions for need changes in the General Plan and shall initiate formal approval proceedings on proposals it deems worthy of further consideration.

The annual report required by Government Code Sections 34217 and 65400 shall be prepared by staff and submitted to the Planning Commission and Board of Supervisors.

Map Revision: County regulations now allow revisions in the land use plan maps to be initiated by the County or private parties at any time with applications and fees similar to rezoning. California planning law somewhat restricts the revision process by permitting the actual adoption of amendments to any mandatory element no more than three times per calendar year. However, since the Board is free to accumulate numerous revisions for adoption on each amendment date, this restriction may result in only a short delay for some amendments.

Implementation:

Subsequent to the revision and adoption of a land use plan map for each community area, the County will consider formal applications for changes from one land use category to another designation on the land use plan maps.

CHICO AREA GREENLINE

In addition to the other policies of the Butte County General Plan, the following policy is applicable to the Chico Area Land Use Plan:

Purposes

The purposes of this policy are:

To define the limits of future urban development which may occur on agricultural lands in the Chico Area of Butte County.

To provide for the long-term protection of agricultural resources of the Chico Area of Butte County.

To mitigate the threat to agricultural resources posed by urban encroachment into and conversion of agricultural lands in the Chico Area of Butte County.

To reduce agricultural/urban conflicts in the Chico Area of Butte County.

To establish County cooperation with the City of Chico in land use planning of urban and agricultural lands located in the Chico Area of Butte County.

To identify urban development limits in or near agricultural lands within the County's Chico Area Land Use Plan by use of a certain bold dashed boundary line.

To establish a certain and clear policy text for Butte County's Chico Area Land Use Element which will enhance and uphold the aforementioned boundary line and policy text.

To establish certain land use designations for the Chico Area of Butte County in conformity with the aforementioned boundary line and policy text.

Findings

The Board of Supervisors of Butte County hereby find and determine that:

Butte County possesses valuable agricultural lands with prime and non-prime soils and one of the finest growing climates in the world.

Agriculture and its related businesses are critical to Butte County's economic stability.

Inappropriately placed urban development in the Chico Area of Butte County threatens the continued economic viability and cultivation practices of commercial agriculture in the Chico Area.

At present, the Chico Area of Butte County is substantially surrounded by agricultural lands on its northwestern, western, and southwestern borders. These agricultural lands play a vital role in the overall economic vitality of Butte County and must be conserved.

The Chico Area of Butte County has experienced the continued conversion of valuable agricultural lands to urban and suburban development. Unless the Land Use Element of the Butte County General Plan, as it pertains to the Chico Area, is amended to include an urban limit line and a clear policy text, it is likely that the Chico Area of Butte County will continue to experience such conversion in the future, with significant adverse effects on the viability of agricultural uses in the Chico area.

It is critically important to the citizens of Butte County that the Chico Area Greenline be established in order to conserve agricultural lands and to ensure that the agricultural viability of agricultural lands in the Chico Area is not permanently destroyed by premature and inappropriate conversion to non-agricultural uses.

The population of the Chico Area of Butte County will continue to grow. The City of Chico General Plan estimates an urban area population range of from 56,500 to 71,100 individuals by the year 1995, which will result in urbanization of up to 1,600 acres in the Chico area. There exist in the Chico Area of Butte County productive agricultural soils already committed to future urban and suburban development, as well as less productive soils capable of supporting future urban and suburban development. Such less productive soils are generally located easterly of the urban limit line established by this ordinance. Unless an urban limit line is established to protect uncommitted productive agricultural lands in the Chico Area of Butte County, it is likely, based upon historical trends, that future urban and suburban growth will not be directed towards those lands which are already committed to or capable of supporting urban and suburban land use.

It is the desire of the people of Butte County that future urban land development required to accommodate planned population growth in the Chico Area shall be directed and accommodated on the Urban Side of the Chico Area Greenline. Such direction and accommodation of urban land development is hereby declared to be an essential component of the conservation of agricultural uses on the Agricultural Side of Chico Area Greenline.

It is further the desire of the people of Butte County that public officials of the County of Butte cooperate with public officials of the City of Chico in order that this policy's purposes of accommodating planned population growth and of conserving agricultural lands in the Chico Area are carried out.

Nothing herein is intended to relieve the proponents of future urban land developments in the Chico Area of all proper and reasonable assessments, fees or charges required in order to fund the cost of providing public services to such urban land developments or the residents thereof.

Definitions

For purposes of this policy, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Chico Area" means that geographic area shown on the Chico Area Land Use Plan Map, a part of the Butte County Land Use Element.

"Official Chico Area Greenline Maps" means the Chico Area Land use Plan and that large scale map certified by the Planning Director and on file in the Planning Department office located at 7 County Center Drive, Oroville, California.

"Chico Area Greenline" means the boundary line established by this policy and delineated on the Official Chico Area Greenline Map which line separates urban/suburban land uses from agricultural land uses in the Chico Area.

"Butte County Land Use Element" shall refer to the Butte County General Plan Land Use Element, which element was adopted by the Butte County Board of Supervisors on October 30, 1979, and as amended from time to time.

"Agricultural" land use designation and "Agricultural Uses" mean the "Primary Uses" and the "Secondary Uses" set forth in the "Orchard and Field Crops" land use designation of the Butte County Land Use Element as it existed on March 1, 1982, and as amended from time to time.

"Agricultural Residential" land use designation means the "Agricultural Residential" land use designation of the Butte County Land Use Element as it existed on March 1, 1982, and as amended from time to time.

"Urban/Suburban Land Uses" means all lawful uses of land (including agricultural and agricultural residential land uses).

"Agricultural Side of the Chico Area Greenline" shall refer to lands within the Chico Area which are located westerly of the Chico Area Greenline.

FIG. LU - 1 GREENLINE

"Urban Side of the Chico Area Greenline" shall refer to lands within the Chico Area which are located easterly of the Chico Area Greenline.

Establishment of Chico Area Greenline:

The General Plan of the County of Butte is hereby amended as follows:

There is hereby established the Chico Area Greenline which shall be located as shown on the Official Chico Area Greenline Map. The Official Chico Area Greenline Map is incorporated into this policy by this reference.

Should a dispute arise or ambiguity appear as to the exact location of the Chico Area Greenline, the following rules shall be applied in determining the exact location of such line:

- The Greenline shall be identified in the Chico Area Land Use Plan with a bold dash line as shown on the Chico Area Land Use Plan Map. The Greenline is specific; large scale maps certified by the Planning Director shall be consulted in the event of a dispute.

- Where the Greenline is indicated as approximately following 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.

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

- With respect to property that is not subdivided, and where the Chico Area Greenline 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.

The Chico Area Greenline shall constitute the boundary between the "Urban Side of the Chico Area Greenline" and "Agricultural Side of the Chico Area Greenline".

Agricultural Residential land uses may occur on the Agricultural Side of the Chico Area Greenline only within those areas designated for Agricultural Residential use on the Official Chico Area Greenline Map.

Except as provided for in subsection (d), of this section, all land use on the Agricultural Side of the Chico Area Greenline shall consist solely of Agricultural land uses as provided by the Orchard and Field Crop designation.

Land uses on the Urban Side of the Chico Area Greenline shall be guided by the policies of the Land Use Element and the applicable urban land use designation as contained in the Land Use Element.

Establishment of Chico Area Land Use Policies

In order to minimize or eliminate the adverse effects which premature and inappropriate conversion to urban/suburban land uses are likely to cause to the agricultural lands in the Chico Area of Butte County, the following policies are hereby adopted as part of the Land Use Element of the Butte County General Plan, applicable to the Chico Area of Butte County:

It shall be the policy of Butte County to conserve and protect for Agricultural Use the lands in the Chico Area that are situated on the Agricultural Side of the Chico Area Greenline.

It shall be the policy of Butte County to accommodate future urban/suburban growth that occurs in the Chico Area of Butte County on lands situated in the Urban Side of Chico Area Greenline.

Zoning Regulations

In order to carry out the purposes of this policy, properties located on the Agricultural Side of the Chico Area Greenline shall subsequently be zoned or rezoned in accordance with this policy as follows:

- All areas which are zoned A-5, A-10 on the effective date of this policy are deemed consistent with this policy.

- All areas which are shown as Agricultural Residential on the Chico Area Greenline Map shall hereafter be rezoned to a consistent zone or a conditionally consistent zone, as the same were listed as of March 1, 1982, in the Agricultural Residential Land Use Designation of the Butte County General Plan. Rezoning shall be accomplished by the Butte County Board of Supervisors in the manner prescribed by law.

- After the effective date of this policy, except as specified in this subsection (a), no property on the Agricultural Side of the Chico Area Greenline shall be rezoned to an A-2, A-5, A-10 zoning district classification.

- All lands located on the Agricultural side of the Chico Area Greenline that are not affected by the above (a) shall hereafter be zoned or rezoned, consistent with this policy. Such zoning or rezoning shall be done by the Butte County Board of Supervisors through the exercise of its discretion and in the manner prescribed by law.

All references to A-2, A-5, A-10, A-20, A-40, and A-160 zoning districts, as well as references to the consistent and conditionally consistent designations applicable to the Agricultural Residential land Use Designation, shall be deemed to mean those same zoning district designations and terms as defined in Chapter 24 of the Butte County Code as the same read on March 1, 1982 and as amended from time to time.

Any existing legal lot of record located on the Agricultural Side of the Chico Area Greenline which, as a result of the adoption of this policy, does not conform with the minimum size required by the zoning district designation assigned by this policy shall be a nonconforming lot and shall be entitled to the benefits and the restrictions of nonconforming lots as established by law.

Nothing contained in this policy shall be deemed to prohibit the application of the agricultural nuisance ordinance (Butte County Ordinance Number 2238) or the agricultural segregation ordinance (Sections 24-285 and 24-290 Chapter 24 of the Butte County Code), as the same may now exist or hereafter be amended.

Zoning Consistency and Timing

The Chico Area Land Use Plan establishes land use designations which depict desirable future land use patterns. State law requires consistency between general plan policies and zoning. In order to encourage an orderly transition of land use from the existing to the desired pattern, the County shall undertake to rezone those lands consistently with the Chico Area Land Use Plan. Zoning in these areas shall be upgraded through time with a commensurate showing of need, adequate services, drainage, etc. as provided for in the Butte County Land Use Element. Zoning in these areas to less than the maximum provided for in the Plan's designations shall be considered consistent with the Butte County's General Plan by virtue of policies directed at Orderly Development (page 28), and Residential Development (page 32). Priority shall be given to those areas with infrastructure capacity.

Amendment and Review

The above Greenline policy may be amended as follows:

By a majority vote of the Butte County Board of Supervisors provided, however, that if any such amendment involves a change in the location of the Chico Area Greenline, that the Board of Supervisors shall approve such amendment only after the adoption of written findings of fact, supported by substantial evidence in the public record, showing.

- That the public benefits of converting the agricultural land to urban land substantially outweigh the public benefits of continued agricultural production; and

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

The Greenline is established for the period covered by the General Plan, 20 years. To insure that the land use needs of the Chico Area are being met, the location of the Greenline shall be reviewed and evaluated every five (5) years. For this purpose the Board of Supervisors commits itself to initiate such a review at the time interval specified above. Any changes or amendments shall be made only upon the findings specified in subsection 1 above. Nothing in this policy 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 the County of Butte and State of California.

Study Area No. 1

The area generally known as the Bell-Muir area located in northwest Chico (bounded on the west by the Southern Pacific Railroad Tracks, on the south by East Avenue and Henshaw Avenue, on the east by Alamo Avenue and on the north by Bell Road and Muir Avenue) is designated as a "Study Area No. 1". This designation shall be in addition to that shown on the Chico Area Land Use Plan Map. This area designated as a Study Area No. 1 shall be subject to the specified policies of this section.

- The Board of Supervisors, by simple majority vote, may revise the location of the Chico Area Greenline so as to place the Study Area No. 1 on the Urban Side of the Chico Area Greenline.

POLICIES APPLICABLE TO SPECIFIC PLANNING AREAS

Butte County is physically, environmentally, socially and economically diverse. Because of this diversity, land use policy developed on a county-wide basis may not adequately address issues unique to different parts of the County; a fact recognized by the adoption of planning areas and their respective "area land use plans" which together with the County-wide Elements collectively comprise Butte County's General Plan. The policies described below address specific concerns of the identified planning area. These policies supplement and collaborate on the general county-wide policies of the Butte County General Plan for each planning area listed below:

Oroville Area Land Use Plan (adopted March 29, 1984)

Approximately 2000+ acres south and east of Wyman Ravine are designated Low Density Residential. Development to the densities anticipated in the Plan can only be achieved by the extension of sewer and water services to this area. In addition, downstream flood hazards, drainage and circulation need to be addressed before Low Density Residential development takes place. To preserve the Low Density residential option, and to coordinate the County's policies with the provision of services and circulation, the policies below are applicable to this area:

This area shall be managed as an "Urban Reserve," permitting rural residential development and uses on parcels of not less than ten acres; and

Plans for the extension of sewers, water, circulation and means to control downstream flooding shall be developed before development and uses on parcels of less than ten acres are permitted.

Drainage problems and downstream flooding affect the Wyman Ravine and Ruddy Creek (Thermalito) watersheds. Development restraint such as described in policy 1 above, will only partially offset these problems in the Wyman Ravine watershed and have no effect in the Thermalito area. To address this problem and advance the development objectives reflected in the Butte County Housing Element, the policy described below shall be applicable in the Wyman Ravine and Thermalito drainage:

Development in the Wyman Ravine watershed and Thermalito basin which significantly increase runoff from pre-development levels shall be required to annex to (or from) the appropriate district formed for drainage or retain the increased runoff on site using appropriate techniques.

Virtually all land uses east of the City of Oroville are dependent on the Olive Highway (SR-162) arterial for circulation to and through the planning area. Traffic forecasts indicate that congestion will become extreme as development proceeds east. To reduce both congestion and total vehicle miles traveled (VMT) the following policies are applicable in

FIG. LU - 2 OROVILLE URBAN RESERVE

the planning area:

Residential development at relatively higher densities (High, Medium and Low, R-3, R-2, R-1 zones) should be emphasized and encouraged in the area south of Oroville between Oroville and Palermo adjacent to the community's planned industrial district, and

Urban development in this area should be coordinated with the simultaneous provision of east-west collectors (e.g. V-6, Ophir Road; as major thoroughfares). Planning in the area should recognize the need for road improvements to increase the carrying capacity of Lincoln Boulevard.

An area west of State Route 70 south of the intersection of Pacific Heights Road (northern section) is designated Commercial on the Plan Map. Because State Route 70 is designated and managed as a controlled access highway these properties can not be developed without alternative access. To fully realize the commercial potential of these properties without disrupting the safety and capacity of State Route 70, a frontage road, single central ingress- egress point and turn lanes are needed. The policy below is applicable to this portion of the planning area:

Commercial zoning for the west side of State Route 70 in the area described above shall be contingent upon the approval of a plan for the development and financing of a frontage road, single central ingress-egress point and turn lanes. Acceptable methods for this purpose shall include but not be limited to specific plans, planned unit development zoning or area wide development agreements. The AR-MH-21/2 acre zoning shall be applied as a holding zone until such time as the plan is approved.

See Figure LU-2 (Oroville Urban Reserve)

Chico Area Land Use Plan (adopted March 18, 1990)

Highway 32 Area

The Highway 32 corridor provides both opportunities and constraints to development of frontage properties.

Approximately 50 acres now in orchard are slated for commercial development. In order to implement the General Plan's goals and policies regarding orderly growth and circulation, the following policies apply to development proposals.

All properties on the northeast side of Highway 32 between Lindo Channel and 660 ft. north of East Eighth shall be managed as an urban reserve.

Permitted uses under the urban reserve include 1 d.u./10 acres, agricultural operations and accessory uses permitted by the A-10 zoning districts.

Any proposal to remove the urban reserve designation shall be coordinated with extension of community water, sewer, drainage and fire hydrants.

Circulation:

- Parcels 42-14-77, -78 shall take access from Lindo Avenue.

- Parcels 42-14-98, -103, -104, shall be allowed one access each onto Highway 32.

- Along Highway 32, a 1 ft. no-access strip shall be deeded to Butte County, with the exception of approved encroachments.