Department of Development Services Paula M. Daneluk, AICP, Director  Curtis Johnson, Assistant Director  Butte County 7County Center Drive DEVELOPMENT SERVICES Oroville, California 95965  T:530.552.3700  ocDutecounynerads  BUTTE COUNTY PLANNING COMMISSION  June 27, 2024  Public comments will be accepted in-person at the meeting or may be submitted prior to the meeting. Use the following information to remotely view, or listen to, the Planning Commission meeting, including the Public Hearing portions online.  Link: tp/pedds.netPlanningCommssion Event (Meeting) Number: 2558 4163706 Event Password: Planning You may also call in: 408-418-9388  TIME: PLACE:  9:00 a.m.  25 County Center Drive, Suite 201, Oroville, CA  I.CALL TO ORDER  Chair Donati called the meeting to order at 9:03 a.m.  Pledge of Allegiance  II. ROLL CALL - Chair Donati, Commissioners Flicker, Parrott, Schleiger, and Roethler Present: Chair Donati, Commissioners Flicker, Commissioner Parrott, Commissioner Schleiger and Commissioner Roethler.  Others Present: Chris Boyd, Fire Captain - Deputy Fire Marshal, CalFire/Butte  County Fire Department  Kim Hunter, Public Works, Deputy Director ofLand Development  Nick Botoff, Assurance Development  County Counsel: Roger Wilson, Chief Deputy County Counsel  Development Services:    Dan Breedon, AICP, Planning Division Manager Rowland Hickel, AICP, SeniorPlanner Austin Forde, Assistant Planner Natiely Sheley-Lopez, Administrative Analystl Cortney Kingsley, Office Assistant Dylan Eagles, Moderator Sarah Easley, Moderator  III. DISCLOSURE OF EX PARTE COMMUNICATIONS  A. Pursuant to Item A, Commissioner Parrott disclosedcommunteation via Zoom B. Pursuant to Item B, Commissioner Parrott disclosed discussions with County Supervisor Durfee about communications with the neighbors and that issue.  with Applicant Brian Madigan.  IV. ACCEPTANCE OF AGENDA - Commission members and staff may request additions, A motion was made by Commissioner Schleiger to accept the agenda. Commissioner  deletions or changes in the Agenda order.  Flicker. second the motion.  Vote Nays: Abstain: Absent: Accepted 5:0  Ayes: Chair Donati, Commissioner Schleiger, Commissioner Roethler,  Commissioner Parrott, Commissioner Flicker  V. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA - This is an opportunity for any person to address the Planning Commission. Presentations will be limited to five minutes. The Commission is prohibited by State law from taking action on any item  presented if it is not listed on the Agenda.  None  VI. PUBLIC HEARINGS AND OTHER MATTERS FOR DISCUSSION - The Chair will call for a presentation of the report of staff. The hearing will then be opened to the public for proponents, opponents, comments, and rebuttals. Persons wishing to address the Planning Commission may sign up prior to the meeting by emailing PCCerobuteroumvnet or by providing written comments via email or mail. It is requested that individual public comments be addressed to the Chair and limited to a maximum of 5 minutes sO that all interested parties will have an opportunity to address the Commission. The hearing will then be closed to the public and discussion confined to the members of the Commission and staff. The Commission will then A. CONDITIONAL USE PERMIT (UP23-0005) = RPCA SOLAR 11, LLC. (continued from Proposed La Porte Road Solar + Battery Energy Storage Use Permit Conditional Use  make a motion and vote on the item.  May 23, 2024)    Permit to construct and operate a 17-acre solar array facility and Battery Energy Storage System (BESS). The facility will generate up to 3 megawatts (MW) of alternating current solar energy using approximately 7,182 solar modules and 24 string inverters to convert the sun's energy. A single-axis tracking technology will allow the modules to track the sun efficiently throughout the day andi maximize the efficiency oft the solar collection. The facility will interconnect to PG&E's pre-existing electrical distribution system located on-site and be sold to PG&E through a long-term Power Purchase Agreement. The project site encompasses 17 acres of an 82-acre parcel zoned AG-20 (Agriculture, 20-acre minimum parcel size) at 5864 La Porte Road, immediately east of La Porte Road, in the community of Bangor, approximately 0.3 miles northeast of Oroville-Bangor Highway; APN: 028-240-  061. (Rowland Hickel, AICP, Senior Planner)  AGENDA REPORT POWERPOINT  The project was presented by Senior Planner Rowland Hickel.  Applicant Ryan Ivert made a public comment.  Public Speakers: David Halimi Irv Schiffman Eric Norlie John Stonebraker Shirley Loomis Ray Shook Sanje Sarja Linda Hill Robert Prettie Farrell Savage  Commissioner Parrott made a comment.  Chair Donati asked Cal-Fire Captain, Deputy Marshall Chris Boyd, to confirm if there are Mr. Boyd confirmed the volunteer company is no longer staffed, there are no active members. The water: tender has moved to Kelly Ridge Station, while it remains a county station, it is staffed with the State's Personnel and it is a field engine, frequently they are out of quarters, doing field work. The next closest station is at Kelly Ridge. The schedule Chair Donati inquired as to whether May-November, if they are stationed there to where Mr. Boyd. stated that is correct, howeverwhen we have multiple incidents within the region or the state those resources can be reassigned elsewhere, then we are back to a staffing  any active volunteers stationed at the fire station.  fori field work is rotating, throughout. November to May, 1-2 days a week.  they can respond?  issue essentially.    A motion was made by Commissioner Parrott to deny the project due to the location size and design being incompatible with existing and future land use in the vicinity ofthe subject property and that the proposed use will result in unreasonable impacts to the view shed, character, and nature of the adjacent residential and agriculture land uses. Commissioner Schleiger seconded the motion. Planning staff to prepare findings of denial. The 10-day  appeal period was noted.  Vote  Ayes: Chair Donati, Commissioner Schleiger, Commissioner Roethler, Commissioner  Parrott, Commissioner Flicker Nays: None Abstain: None Absent: None Accepted: 5:0  B. GRADING PERMIT PWGRD23-0001/CEQA23-0001)€-1 GREGORY HOWELL  Proposed Grading Permit (PWGRD23-0001) under Butte County Code, Chapter 13, Article I.F Proposed grading activities will level 1.66 acres and driveway access on a vacant 9.38- acre property to establish a future towing storage yard and office in the General Industrial (GI) zone, and the Airport Compatibility (-AC) and North Chico Specific Plan (-NCSP) Overlay Zones. Grading activities involve importing 3,000 cubic yards of soil and the excavation of 20 cubic yards of onsite soil, with all excavated spoils to be retained on the property. The project site is located on the east side of Hicks Lane, approximately 1 mile north of East Eaton Road, immediately north and west of the City of Chico city limits; APN:  007-010-054. (Rowland Hickel, AICP, Senior Planner)  AGENDA REPORT POWERPOINT  The project was presented by Senior Planner Rowland Hickel  Commissioner Schleiger and Chair Donati asked additional questions for clarification on  the hydrology of the project.  Deputy Director of Land Development Kim Hunter with Public Works,  answered questions from the planning commission.  Public Speakers: LaRee Hartman Craig Roberts Ken Novell Ryan Dubyak Bruce Bergstorm  Amotion was made by Chair Donati, to adopt the mitigated negative declaration (CEQA23-    0001) and approval of the grading permit PWGRD23-0001) subject to the findings and  conditions in Attachment A, seconded by Commissioner Parrott.  Vote:  Ayes: Chair Donati, Commissioner Parrott  Nays: Commissioner Flicker, Commissioner Roethler, Commissioner Schleiger  Abstain: None Absent: None Motion did not pass.  Commissioner Schleiger and Commissioner Parrott commented expressing agreement Commissioner Schleiger inquired about how the grading could improve the situation for the residents who are already dealing with an ongoing issue, created by the airport, the water draining in that direction, in an unnatural way. Is it possible to improve the drainage Deputy Director of Land Development Kim Hunter with Public Works commented and Commissioner Schleiger inquired regarding whether this should be zoned as industrial? Deputy Director of Land Development Kim Hunter with Public Works commented and  with the appropriateness oft the concems brought up by the public.  fort the residents?  answered Planning Commissioner's questions.  Why was it made industrial? Can drainage be mitigated? answered Planning Commissioners questions.  Commissioner Schleiger made a motion of intent to deny due to the flooding concems. Commissioner Flicker seconded the motion. Planning staff to prepare findings of denial  and present them at the next meeting, July25,2024.  Vote  Ayes: Commissioner Schleiger, Commissioner Flicker, Commissioner Roethler  Nays: Chair Donati, Commissioner Parrott  Abstain: None Absent: None Approved 3:2  Chair Donati called the meeting back to order 10:45am aftera briefbreak.  C.CONDITIONAL USE PERMIT P2007-ASURANCE DEVELOPMENT (continued  from April 25, 2024)  Request for Planning Commission approval of a Conditional Use Permit to construct a new 100' tall monopole (designed to appear as a pine tree) with ten 8-foot antennas, 6 remote radio units (RRUS), one microwave unit, and one GPS antenna attached on a 6.21-acre    parcel (APN: 072-140-058) located at 4825 Foothill Boulevard, Oroville CA 95966, approximately 4.8 miles southeast of the City of Oroville. The zoning designation of the parcel is: RR-5 (Rural Residential, 5-acre minimum) with a general plan designation of RR An Initial Study and Negative Declaration (ND) were prepared for the Project in accordance with the California Environmental Quality Act (CEQA) (CEQA SCH# 2023120579). The ND concludes that the Project will not result in any significant adverse effects on the  (Rural Residential).  environment. (Austin Forde, Assistant Planner)  AGENDA REPORT POWERPOINT  The project was presented by Assistant Planner Austin Forde. Applicant Meridee Pabst made a public comment.  Public Speakers: Marsha Burch Jeffrey Reid Erik Bayer Michelle Walter Chris Williams Nannette Walker  Ar motion was made by Commissioner Schleiger to deny the project based on the findings that the size, shape and otherphysical characteristics oft the subject property are inadequate to ensure compatibility of the proposed use with existing future land use with the vicinity of the subject property, seconded by Chair Donati. The appeal period of 10 days from this  decision WS noted. Vote  Ayes: Chair Donati, Commissioner Schleiger, Commissioner Roethler  Nays: Commissioner Flicker, Commissioner Parrott  Abstain: None Absent: None 3:2 Approved  VII. GENERAL BUSINESS - This section of the agenda is to be utilized by the Planning Commission and Director of Development Services on items of interest, general discussion, or items for which staff have been directed to do research and bring back to the Commission. Items may not always be addressed at every hearing but will always be listed as part of the  agenda.  A. Planning Manager's Report  2024 General Conference October 4th-5th 2024 held in San Luis Obispo- if any of the    commissioners are interested in attending. Commissioner Schleiger has tentatively Accessory Dwelling Unit (ADU) Grant Project - Community meetings have been held in Magalia, Concow, Yankee Hill, Berry Creek, and South Oroville conceming preapproved ADU plans, with the intent to encourage rebuilding after fires. Outreach and education provided to each community. Preapproved plan sets will have the potential to save thousands of dollars for those rebuilding. The preapproved plans will be available to the public in Mid-October. The ADU ordinance will also undergo some updates with some improvements and to be made consistent with state law. This ordinance update will be heard at the Planning Commission in August. The plans will be available not only for people who wish to build a second home or accessory dwelling unit but for those who want to rebuild a primary unit. Savings on Impact fees will also  accepted to attend.  be realized for ADUS less than 750 square feet.  B. Planning Commission Concerns  None  VIII. MINUTES  A. May 23, 2024- Tabled for next meeting.  IX. ADJOURNMENT  Chair Donati adjourned the meeting at 11:47 a.m.  DDse  Daniel Dongh, chaii Planning Commijsion