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 wbuterounvynercads BUTTE COUNTY PLANNING COMMISSION May 23, 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: nttp:/bcdds.netPlanningcommission 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 Vice Chair Schleiger called the meeting to order at 9:00 a.m. Pledge of Allegiance II. ROLL CALL - Commissioners Flicker, Parrott, Schleiger, Roethler, and Chair Donati Present: Commissioners Flicker, Commissioner Roethler, Commissioner Parrott, Vice Chair Schleiger Others Present: Chris Boyd, Captain Fire Marshal, CalFire/Butte County Fire Department Kim Hunter, Public Works, Deputy Director of Land Development County Counsel: Roger Wilson, Chief Deputy County Counsel Development Services: Dan Breedon, AICP, Planning Division Manager Mark Michelena, Principal Planner Rowland Hickel, AICP, Senior Planner Kao Dan Doua Vang, Administrative Analyst II Natiely Sheley-Lopez, Administrative Analyst/ Cortney Kingsley, Office Assistant Dylan Eagles, Moderator Sarah Easley, Moderator III. DISCLOSURE OF EX PARTE COMMUNICATIONS deletions or changes in the Agenda order. IV. ACCEPTANCE OF AGENDA - Commission members and staff may request additions, A motion was made by Commissioner Parrott to accept the agenda. Commissioner Flicker second the motion. Vote Ayes: Vice Chair Schleiger, Commissioner Roethler, Commissioner Parrott, Commissioner Flicker Nays: None Abstain: None Absent: Chair Donati Accepted 4:0 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 ifiti 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 PCCerobutecoumvnet 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 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 and maximize the efficiency of the solar collection. The facility will interconnect to PG&E's pre-existing electrical distribution system located on-site and make a motion and vote on the item. April 25, 2024) 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) An informational presentation was made by applicant Brian Madigan An informational presentation was made by applicant Anthony Natale Public Speakers: Shirley Loomis John Stonebreaker Robert Purdy Victoria Blake Sanje Sarja Ray Shook Walton Walker Applicant Brian Madigan and Anthony Natale gave a closing comment Janice Morris made a public comment Vice Chair Schleiger asked Cal-Fire Captain - Deputy Fire Marshal, Chris Boyd to comment on Anthony Natale's presentation and answer public questions. Amotion was made by Commissioner Parrott of intent to oppose the resolution due to the location size and design of the project are incompatible with existing and future land use in the vicinity of the 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 Roetheler seconded the motion. Planning staff to prepare findings of denial and present them at the next meeting June 27hh, 2024. Vote: Schleiger Nays: Abstain: Absent: Chair Donati Approved 4:0 Ayes: Commissioners Flicker, Commissioner Roethler, Commissioner Parrott, Vice Chair B. TENTATIVE PARCEL MAP (TPM22-0010) - ELIZABETH JOHNSON An appeal of the Zoning Administrator's March 15, 2023 approval of certain street and storm drainage improvement conditions related to the Elizabeth Johnson Tentative Parcel Map, which is a proposal to subdivide a 5-acre parcel into four new lots of 1.5-acre (Lot1 1), 1.5-acre (Lot 2), 1-acre (Lot 3), and 1-acre (Lot 4). The project site is at 3003 and 3031 Nord Avenue, 3500 feet northwest ofW. East Avenue, northwest of the City of Chico; APN: 042-050-073. (Rowland Hickel, AICP, Senior Planner) AGENDA REPORT POWERPOINT Tabled to after 10:30am timed item. An informational presentation was made by Senior Planner Rowland Hickel. Public Works Deputy Director ofLand Development Kim Hunter made a comment. Applicant Elizabeth Johnson made a public comment Commissioner Parrott made a motion to adopt the resolution amending Condition A1 and deleting Conditions A2 and A3 of the Zoning Administrator's approval of the Elizabeth Johnson Tentative Parcel Map (TPM22-0010) seconded by Commissioner Flicker. Ayes: Vice Chair Schleiger, Commissoneroethler, commissionerParot: Commissioner Vote Flicker Nays: None Abstain: None Absent: Chair Donati Accepted 4:0 C. 10:30 A.M. TIMED ITEM - DRAFT ENVIRONMENTAL IMPACT REPORT PUBLIC REVIEW PUD21-00175W21-002MUP21-002, FOR TUSCAN RIDGE PLANNED This publicl hearing is taking place during the required 45-day public review period provided for the Draft Environmental Impact Report (DEIR), completed under the California Environmental Quality Act (CEQA). This hearing provides the opportunity for the public to comment on the DEIR. No recommendation or action will take place on the project or the Project Description Summary (refer to DEIR for full Project Description): The proposed project would include development of 165 single-family residences across approximately 36.9 acres, and would consist of lots ranging from 3,000s sfto 20,000 sf. The proposed project would also include six commercial lots totaling approximately 15.9 acres, 4.1 acres of landscaped open space, 36.7 acres of recreational open space, 20.5 acres of roadway, and 49 acres of special utility district associated with the on-site water and sewer systems. Various associated improvements would be included in the development of the proposed project, including, but not limited to, trails, landscaping, and utility installation. Vehicle site access would be provided by a main entry and a secondary entry off Skyway. Project Location: The project site consists of 163.12 acres of what was formerly the Tuscan Ridge Golf Course, located on the southeast side of Skyway, at 3100 Skyway, in unincorporated Butte County, between Chico and Paradise, California, and is identified by Public Hearing and Comment: This Planning Commission hearing is taking place during the required 45-day public review/comment period that commenced on Monday, May 6, 2024, and will conclude on Thursday, June 20, 2024. Any written comments (via email or DEVELOPMENT TUSCAN RIDGE ASSOCIATES, LLC DEIR at this hearing. (Mark Michelena, Principal Planner) eight Assessor's Parcel Numbers (APNs) 040-520-104 through -111. letter) on the Draft EIR must be submitted no lateri than 4 p.m. on Thursday, June 20, 2024. Written comments may be mailed to Mark Michelena, Principal Planner, Butte County Planning Division, 7 County Center Drive, Oroville, CA 95965. Email comments can be You may also comment by providing testimony at this public hearing. The Planning Commission will preside over the meeting; however, the Planning Commission will not take any action on the Draft EIR or project. Staff will note general themes of verbal comments made and will address them in the Final EIR. Members of the public are encouraged to submit written comments to ensure that their specific comments are represented in the Document Availability: A digital copy of the DEIR may be reviewed at the Butte County Development Services Department; 7 County Center Drive, Oroville, CA 95965, between the hours of 8:00 am and 4:00 pm, Monday through Friday, except 8:00 am to 3:00 pm on The DEIR is available online at tps/www.Duttecounty.nel389NOotable-Prolects, Ify you challenge this environmental document in court, you may be limited to raising only those issues raised by you or others in written correspondence or in hearings on the sent to mmichelena@buttecounty.net. project record and addressed in the Final EIR. Wednesday. proposed project. DRAFT EIR (Website) MEMORANDUM POWERPOINT An informational presentation was made by Principal Planner Mark Michelena. John Stonebreaker made a public comment AI representative of Paradise Rod & Gun Club made a public comment Information only. No action necessary at this time. PRESENTATION (Mark Michelena, Principal Planner) D. ENCODE PLUS GENERAL PLAN 2040 WEB PORTAL: INFORMATIONAL Butte County Development Services Planning Division's General Plan 2040 web-portal provides the publicwith an interactive way to use variety ofi important resources concerning land use, zoning and the County's General Plan. The website is designed to make searching for information on a variety of planning resources more accessible to the public, while providing for more functionality in navigating and using these resources. POWERPOINT An informational presentation was made by Principal Planner Mark Michelena. Information only. No action necessary. No public comment. 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 B. Planning Commission Concerns No concerns were addressed. CAI Planning Commissioners Conference, more information will be provided. VIII. MINUTES A. April 125, 2024 A motion was made by Commissioner Parrott to approve April 25th, 2024 minutes. Commissioner Flicker second the motion. Vote Ayes: Commissioner Flicker, Commissioner Roethler, Commissioner Parrot, Vice Chair Schleiger. Nays: None Abstain: None Absent: Chair Donati Approved 4:0 IX. ADJOURNMENT Vice Chair Schleigera adjourned the meeting at 11:14 a.m. DLO* OAnial owAh ,ChAir PlAnwins Coweissiu