CHICO — After a deliberation that mirrored two contentious meetings at the Planning Commission, the Chico City Council came to the opposite conclusion and approved the Orchard Creek Estates subdivision proposed in the Bell-Muir area.
Citizens filled every seat in chambers despite rainy weather, and nearly two dozen spoke to the most significant item on the agenda.
Tatreau Construction applied to develop 15 acres at East and Nord Avenues into a low-density residential project with 74 lots — a proposed yield of 4.8 units per acre. Including the Chico Family Masonic Center, the site is 20 acres total within the 398-acre Bell Muir Special Planning Area, currently unincorporated county land zoned for one unit per acre.
The Planning Commission initially rejected the plan Jan. 19 on a 5-2 vote, then ratified its denial Feb. 1 on a 3-2 vote — each meeting drawing dozens of citizens to comment. The decisions hinged on Orchard Creek Estates’ inclusion in the special planning area.
The council considered a mitigated negative declaration and mitigation monitoring program recommended by planning staff. Though the commission recommended denying the proposal, Principal Planner Mike Sawley said staff retained its recommendation of approval.
“We’d rather see urban level densities,” he explained, “because the other option is to force the developer to master plan the area.” In response to a question from Councilor Dale Bennett, a former planning commissioner, Sawley said the city should give serious consideration to removing the special planning area designation.
Jake Morley of Guillon Inc., representing the applicant, said the odds of 100 property owners coming together for a master plan is low.
Noting the list of objections from neighbors, Sawley said the developer proposed adding two new conditions for approval: a stucco fence around the Masonic Lodge for noise control and a notice to buyers that the lodge will continue to operate as it does.
Other questions involved street improvements, traffic signals, the prospect of a park and fire safety — the latter drawing concerns from Chico Fire Chief Steve Standridge about the long cul de sac in the plans, though he later said his department had reviewed it with no concerns.
Discussion
Twenty-one speakers addressed the development, allotted two minutes. The 12 who opposed Orchard Creek Estates echoed concerns relayed to the commission, such as density and traffic. David Siriani, a 30-year resident on Nord, said the development “is going to contaminate what we consider a neighborhood.”
Realtors Carrie Tatreau, Holly Hack and Austin Barron advocated for the subdivision to help fill the need for housing under $500,000. (The proposed price point is $450,000.) “Everyone is going to have their fears,” Muir Avenue resident Josh Shelton said, “but this project has a lot to support.”
Speaking to Bell-Muir and the general plan, Ben Reed shared advice from his dairy farmer father: “You can’t ride two horses at the same time.” The city can’t use the general plan to justify one special planning area and ignore it for another.
Councilor Addison Winslow suggested tabling the approval until planners could engage property owners on master planning and only if that fails consider disbanding the special planning area. That motion died for lack of a second, as did a motion for approval by Tom van Overbeek.
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Sean Morgan, who represents the district encompassing Bell-Muir, noted that reducing the density by 10 of the 74 units wouldn’t impact the project greatly but would come closer to the area’s norm. Still, he continued, “something is going to go there” and Orchard Creek Estates is “as good a plan as any.”
Community Development Director Brendan Vieg observed a desire to bring back the special planning area for further discussion.
Vice Mayor Kasey Reynolds moved to approve the development subject to the revised conditions and have staff bring back more on the special planning area to ensure Bell-Muir develops in an orderly manner. Van Overbeek seconded, and after he and Reynolds rejected a friendly amendment by Bennett to extend the stucco wall and lower street lights to mitigate ambient brightness, the council approved it 6-1 with Winslow dissenting.
Other business
After a break in which the crowd thinned tenfold, Cal Water presented a citywide savings program, including rebates for conservation measures and potential water-savings opportunities for city government.
Rebates cover a list of improvements ranging from high-efficiency toilets and washing machines to irrigation controllers, nozzles and lawn-to-garden conversions. Measures last year saved 17.1 million gallons with projected lifetime savings of 167.9 million gallons; tracing to improvements since 2011, Cal Water projects cumulative savings of 1.4 billion gallons.
“I want to thank our community because we’ve taken great strides over the last 20 years,” District Manager Evan Markey said. “These programs are really impactful, really effective.”
Municipal opportunities include median and parkway projects, drought-resistant landscaping and firefighting apparatus utilizing recirculated water.
Mayor Andrew Coolidge, who’d requested the discussion, made a motion for city staff to consult with Cal Water and move forward with the program. Bennett seconded, and it passed 6-1 with van Overbeek in dissent.
The council also took up requests from two members. Winslow asked to consider lifting a ban on alcohol sales past midnight on certain days, including St. Patrick’s Day, Cesar Chavez Day, Chico State graduation, Labor Day weekend and Halloween.
Winslow noted businesses lose out on sales during the most profitable days of the year, when people drink after midnight anyway. Police Chief Billy Aldridge proposed a test on Labor Day and graduation weekend, which essentially would entail not enforcing the ordinance at those points — which City Attorney John Lam pointed to as a legal risk.
Lam advised amending the ordinance to refer to a resolution listing the dates identified; Sorensen noted a parallel to how the city revises fees without a full code change each time. Reynolds made a motion implementing that advice, which Winslow seconded and passed 4-2 with Morgan and Deepika Tandon opposed and van Overbeek, a downtown bar owner, recused.
Councilors also weighed a request from van Overbeek to assess a flooding threat in Lindo Channel caused by neglected maintenance over decades. “There’s a real clear and present danger to the city,” he said, noting discussions between Public Works, Butte County and the state Department of Water Resources on who’s responsible to clear sediment.
Van Overbeek sought periodic updates from staff on the progress made, which Bennett whose district includes the spot — supported. The motion passed 6-1, with Morgan opposed.
Winslow also requested discussion of improved bike path lighting and crime prevention through environmental design. That extended past publication deadline.
In the first batch of business, the consent agenda, the council unanimously approved a liquor license for Blue Bird Liquor at 2540 The Esplanade and the Downtown Chico Property Based Improvement District’s annual report.
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