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HomeMy WebLinkAbout026-700-007i i . 17 ... � • ^ 'I t: L %�' o '�� �� �, c, !1, HNVI110Nt ENTANTp(1MPAfTS ANq MITIGA'i'10N idfJASl1f2G5 Idel ►(Iry potent1.11ly significant enuaNbMental impacts associated with Ill" ),rrcf t,3Visiun, What pco7ect design feakures or special L. hditioris or lief>ruv,li (mitlgakion (treasures) are proposed to. alleviate potential 011v i r'onmenUi L impacts? A%),E7 0- ENVIRONMENTAL ,S ETT 1NC�'< project site as it, exists before the project, rnr�lttclirrl; infortinti(rrr on topogenphyr soil Stability, plants irtri ►ri Irrir► f.:, i"sl Any rwtrl lural , histot';iral or seen' 110 1 vibe, wlY ex%sttng structures on the site, andLthr?�usetol' I Hill- t t uc t.urc�s. r M'� .� i'L! r - IIA I+J f)k�sc rifle the surrounding proper, ties, nclufling information on irt•trits arta attirnals and any cu)tural, historical or scenic ,aspects. fndic�at'e: the type of ;land use (residential, commercial, et;c ), r rt► «.alis i t y u F lurid use (one -farm 1 {-- rnc.nt Moves, s, otc.. '� apartment 1lausas, shops �dep, rt- And scale of dpvel,o men t g r' n, ge, r sVI'bnck, roar yard, etc.). P t hez ht f o to l ld)N= tiro rti( hereby certify that the statements ftirnslleci above and InttfrrhF�cl PxilifrlGr� resent the data and i pnformation required for this in i I i:r 1 ev;i luatt fUn t O the best of my abilityy and that the. Facts, statements .mid 1,0:1 inF. p � correct to the best of my knowledge _g: . Alla[ 11110rmAtion rosc,ntetl are true and 1 t't Foe ,/v ► '-ell ,:rtl:r+� srt:it'�rt•E1 slta�e,t for lodger respori�es. ',)05;3ugW&*A60 pug'1 wine �o utino H- COT . � PL.:A:"N CO'r'lP'OiZTZA.NC IZEPOEX t x"OR, PA -,P, e -MAX! OR SY.T.Si7`Sy'=S20rN MAP q ' i� f ':'` ,``�, . r-''•, : . 'r 1 Iteox L-4 to be completed by applic nt �,- IAPPLiCAtfiZ NAME AND ADDRESS: . Z,. F= 'DESCRYPTION ' :3. ,ASUESSOR'S PARCEL NtMER(S) f ^_:.. ,.. -7f - r. Y tri' P',ROPOSED USE: ' a..., v ,_ .� S te':• x following items are to be completed by the Planning Department CLIP—em ZONING: %" ` " n " LAND CONSERVATION AML..�,`M r S.r MLkL PLAtf DEsIGY =m- cand,tional Criteria: _ ?RAL-RESIDV=AL YES NO It is recommended that you perform the ,AG?-' 1. Agricultural Compatibility following checked items: x. Zater and Sewer Capacity ' ARCHAEOLOGICAL RECORDS CHECK 3. Adequate Fire Facilities BOTANI= SURVEY ' 4. ftad Capacity and Maintenance GEOLOGICAL SURVEY , 5. f«ccass to CoL=ercial and Schools _ YES N0. (;?.CZAM An FIELD 'C?.APSWITHIN DEPARTMENT OF FISH � . --AND GAME DEVELOP M"I ZONE: y 1.. 2--edominant 5.10 ac. Parcel Size Z.• vicinity of Urban Boundaries W2= FLOOD PLAM: 3. AS. Viability not Impaired NIMM AREA, SPECIFIC OF. { Staff Determination: Substantially conforms to LAND USF. ILMM 6EXERAL PLAN: 1. Land Use xnr} M----- --- If r . •�,� - Z. Conservation Name of Plan 3. Open Space WIT= 'URBAN RES�VEe r' k. safety y! 5. Noise If 'Yes) ' Name of Reserve 6. 80uaing, 7. Cl-= ation AIRPORt "'(D USE PLAM ZpktYG /.r r -J.! �r-,� . ,• �, res � �."=_t� � � t. - "r"(:? k'� i - + C.., `,�. ls=` � , ,+ � � f � 1 F�•� _ w� �:.. �� �;1� : L• �. �,`,�: tj �.t...� 'i•' P. '�.+ wL Y'^. Y1 /a.Y�.a'.. �+ d :fes . 1:.r �".'. �'. +r: .� •I IL•..� /w 7 (uy v h y--- IA' y p. I Sta4' Signature , x, .,..._ . Date AS Z'Et APPLICANT FOR TME REQUESIET! IA2iD DIVI5ICN, ,I AM AWARE OF' t1t AtbVE STAB D—zkr=bN REGARD=(; TEE CO.U'OR Wa i IIE. TME GENERAL PLS AND ZOMIG. Slgnatuze or Applirastt *thiel repbit will expire and be discarded (6) � data six nonths ,from a of the'statf, sigzkituse. Lb 1000A_ (revised 6=87 Planning Department NAME: AUGUSTTNE CARKILLO Environmental Health Department CDF (Forestry'Department) arGment) AP; < 07 ( p ,_,`_26-07- Attn: J, Craig Carter (on areas north of red line on map) X_ Butte County Sheriff PG&E (check title report for easement) i Pacific Bell County ButteOR mosquito arrea ( s within large map in cabinet) a Soo 1 Distr'c (wall map) ;1,GtitD �l r a`Yl_ Vater r Company (if individual wells are not indicated on application or r~ap) Durham Irriga:tion. OR Durham Matual Water Co California Water Service Company (Chico area) Oroville-Wyandotte Irrigation District (Oroville area, SE of river) Thermalito Irrigation District (Thermalito area NE of river),' ' Limesaddle Community Services District (Paradise area along Pentz Rd, to lake) Del Oro Water (Paradise P;nes area) Buzztail Waterworks (Doe Mill Ridge/Forest Ranch area) Paradise Irrigation District City of (check wall maps for spheres of influence) 0-oviil.e Chico Paradise Biggs Gridle3, ORMULLE AREA ONLY:, Lake Oroville Area Public Utility District (see large map in cabinet) - Feather River Recreation District (see large map in cabinet) El Medio Fire District (check wall map, a small portion of Oroville only) BIGGS, RICHVALE; CRIDLEY AREAS (SOUTH BUTTE COLiTY): check wall map and title report to see what ;applies. Some areas overlap. _ Drainage District #1 Draiiaage District #2 Drainage District 4100 Drainage District #200 Reclatation District 0833 _ Reclamation District #2056 Sacramento and San Joaquin Drainage District Butte Creek Drainage 'District IN CERTAIN CASES: p of Schools (only for subdivisions) De trintendent p of Gish and Game (near water and in rural and mountain areas) Cal 'Trans (near State Hwy. 32, 100 05i 140 (Chico cut -Doff), 162 (Olive Hwy_: $ Richvale Hwy.), 151 (Clark Road) Stave Water Quality Control Board (projects with more than lOO lots or units): Y United States Forest Service (if project borders USA land --cheep AP books) Parrs and Recreation Department (property near Lake Otoville) State Vater Resources Department (property near take Oroville --watershed). Rock Creek Reclaimation Dist. (West of Chico Airport, south of Mock Creek and east; of Hwy. 99 (see wall map) -Chi 6 AreaRecreation & Park Dist (only for subdivisions) U.S, Dept, of the Army, Sacramento Dist. Corps of Engineers (near water and in rural and mountain areas) SPECIAL CASES, check tittle report for any mention of special services or easetents such as to Thernalito Irrigation District (numbered items) Q Y 4,60 I I ®, 3 00 ' LL �o.00 510 so 245.75 'LS ' 2J7AC. io 29 '• r./�.I O d �RS9&-59 1 i t ►� i.211 L AC. N 540 ,.. 327.59 ►/d tb•7r 212.41 ' 379.50 24 Q Y AVt. 1 510 ' 2J7AC. �RS9&-59 540 --- _� — 24 G M /.7i1 AC 1 rf C "- 7 Z30 1 t U a rc AC. N �-- Z-D 5,86 4C ' AC. 540 0 514 '540 1 I:2AC 31 t,95 ac o o s.. 125 ( - -'-.-_...-� �_ Z 4.0 7 AC . l1 in C ,w lt $ r 5.s4 4c - 1 Inc Q Y 1l r ��!-1 Ree Fee 14. OC 1 Ca{h 14. 0C alloect: 026a07B-00 Pari el rZag Recorded County of Butte O!cficial Records I Department of Develop,cdent services County of I Butte After recording Candace J. Grubbs i' Z'eturn to: Recorder 2:12pm; 5 -Aug -92 I PUBL X County of Butte Department of Development Services 7 County Center Drive Orovillek CA 95965 AGREEMENT RUNNING WITH THE LAND RE MITIGATION OF IMPACT ON 'TRsFF1C IN THE OROVILLE AREA 'MEREAS,; the 'undersigned is presently the owner of that land ,commonly knc)wn as AP No-. 26-070-007, which is located in the ,nincorporated area of Butte County, California, near 12rdin & i;ohemia, Avenue in the oroville Area, the legal description of wh oh is set forth in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, said owner, proposes to develop his said land, and, in connection with his development proposal, has submitted an, application to the County of Butte for the: following discretionary land use entitlement: parcel map creating two parcels out of the existing one parcel., with new parcel one already being developed with existing residences and it being contemplated that a new residence will be constructed or installed on new parcel two; and WHEREA5, said owner recognizes that the cumulative impact of development in unincorporated areas of Butte County, including his proposed development, has created and is creating a significant impact on the transpoz,tation sysi.:em of the Oroville Area; and WHEREAS, said ow,,ier is awaz, e that in 1-983 the Butte County Board of Superva� rs 4,dopted an k nvironmental Impact Report. (E=R) pertaining to the proviii e Area Land t)se Plan, which EZR ident"ified. said plan as having a significant impact On the transportation System of the Oroville Area, and i, WREREA5, the 1983 Oroville Area ,Land Use Plan ErR recommended a traffic study be conducted prior to substantial growth occurring in order to balance the new, land use scenario allowed by the Orovlle Area Land Use Plan with transportation infrastructure investment to ensure that the transportation system would continue to move traf,fi at a reasonable level of service; and WHEREAse such a traffic study �s c�rrently being conducted and W:--ERFAS, the growth in population anti employment in the W5 t l0 oroville Area,°,has produced significant increases in travel demand which threatens the level of service of the existing transportation system unless transportation improvements are made to reflect the land use scenario al. owed by the oroville Area Land Use Plan; and WHEREAS,, the oroville Area Land Use Plan policiesin the equi-n coordinating City and County transportation planning a area and coopba erate ng with the city of oroville in d and opi.ng capital improvement program for st.,eets and highway; the ro rises that WHEREAS, e OrU-*i1:l.e ..Area Land Use Plan proposes trnspo;station impact fees be exacted; as to all new development on in order for impact fees which requires City and County c to be successful and equit ble, and itt s anticipated thatCity the C of oroVille and the County of Butte will assess and levy fretty he same, impact fees in an amount and in a manner substantially and the County of Butte, in implementing the oroville 'WHEREAS, y y said Area. band Use Plan and said traffic stud zna assess and. levy traft,c impact fees by 'establishing mechanisms such as the foll;gwing: developer fees; formation of a county service area and .levying of service charges therein; formation of an assessment district and levying of assessments therein; or some similar, fair, r,a&sonable and appropriate funding mechanism to finance traffic in:rastructure-mprovemenstudies ts or environmental or other planning studies deemed necessary to determine the needs for tz°affic infrastructure improvements; and said owners recognize ize thO.t the imposition of 't- ,.2fic impact fees or such other fundingtion of mechanism orov ding as better mechanisms will benefit their said property by p 4=ansportation system.; and owners wish, to mt�ti ate the impact of their WHEREAS, saidg p. ,posed development on the trj ns t' at presation ent have a +wfunding that the County of Butte doe to provide mechanism in place or other adequate resources necessary such mitigation. goW, THEREFORE; said owner does hereby agree and, consent'as follows �.. Said owner consents to the establishment of tra%fic impact ng mechansmk or combination of ruechanisxas, fees or such other fundiainst establishment of the same, and agree' Agree not to protest Ag to pay their pro rata share thereof, Z Said owner agrees to coop,:trate and suppr� 't the County me claani=ms from Butte in obtaining thw , thin approval urlinc rporated such rea r.)f the County other property owners in the OroVille Land Use Plan a"ren Said owner agrees to pay 12, rthwith the follcrwing fee as to parcel being created by the subijec- parcel map; seven-hivadred �1 35 [ TO 'r. and fifty dollars ($750.00) as to parcel 2 of the subject parcel map, for traffic mitigation. it is ,understood that such ides shall be deposited by the County into a separate designated county fund limited to use far the intended purposes of mitigating impacts on the transportation system within the Oroville Area Land Use plan area; 4. It is understood that such fees paid at this time are based upon current estimates' and shall be treated as deposits against the actual fees ultimately determined by the County of- ,Butte €,Butte to be owing for such traffic: impact mitigation. Said owner agrees to pay `such traffic impact mitigation Nees as may be Ultimately assessed and levied by an. action of general application, taken by the Board of Supervisors of the 'County of Butte as to discretionary land use entitlements reviewed and approved by the County. if the actual developer fees, service charges, assessments, or other charges assessed and levied for traffic mitigation are greater,in the aggregate. than said deposit, said owner shall be responsible to pay any additional amounts ow,ninq. if the actualdeveloper fees, service charges, assessments or other charges assessed and levied are less in the aggregate than,. said depozit, said owner- shall be entitled to. receive a refund of, that portion of his deposit which is in excess of the actual developer fees, service charg;r.s; assessments or other charges. If parcel 2 is sold or otherwise transferred, then such additional amounts owing shall be paid by and such refund shall be paid to the person or persons who own parcel 2 at the time the additional palyment or refund becomes due and payable. 5. In consideration the foregoing and other good and valuable consideration, the undersigned owner expressly agrees that the foregoing shall be an agreement running with the land and shall be binding upon his heirs; successors and assigns. GUSTIN CARRILLO DATE - State of Cali:`ornia ty of On _D4/- before me, AW441, personally appearedJi, personally known 'to' me r:r as�rnesrrrdNrr�u°°"'"'°r"1� (or proved to ne on the basis of satisfactory' r y AICHARD MWERStOW p evidence) to be the person (s) whose name (s )` N�'�ARYFU�U��VAUFORMA � is/are :subscribed to the wvithin instrument and t✓�commr on s s�sb.16,1893 the same acknowlea ndhi.s/her/theirto me that eauthorized� capaciiay(ies), �sy�ia�e€as®mu�ra�ra®taraea�te�t�' and by his/her,/their signatttd(s) on the instrument the person(s), or the entity upon behalf of which the person (s) , acted, ekeicwted the instrument. WITNESS my hand anex official. seal. Notary Public 1 iFl�i{ I C 51701 Ilea FeeL4! OO 14G1O; I Ciash :Pro `Oct Carrl.'Ll:o Parcel Map' AP No.: 026-070-007 Recorded' County of ButtO s p Of£ieial 'Records I Department of flveklo ment Service_ County o c Butte Afteik rc-.,cording Candace J. Grubbs 1 l retirrA to.* Recorder 2 12pm 5-Aug-92 4 pU5L C,aiinty of Butte Department of Development Services 7 County Center Drive 0-oville, CA 9 965 WITH THE LAND RE ,IKITI IV2IO AGREEMENT OF IMPACT N NTRAFFIC IN THE OROVILLE AREA WHEREAS,rth�a undersigned is presently the owner of that land com-monly know,b as AP No. 26-070-007; which is located in the Unincorporated area of Butte County, California, near Irwin Bohemia Avenue in the Oroville Area, the legal description of which, is set forth in Exhibit "A"' attached hereto and incorporated herein by this reference; and WHEREASt said owner proposes to develop his said land, and, in conne6tion with his development proposal, has submitted an application to the County of, Butte for the following discretionary land use elta.tlk`ment parcel map creating two parcels out of the existing ogle patU,131, with new parcel one already being developed with exist°. hg , ' dences and it being contemplated that a new res den"e 1,4111 be constructed or installed on new parcel two; and WHERVj�S, :said owner recognizes that the cumulative impact of developmerO�`win unincorporated areas of Butte County, including his proposed ,pvel.opment, has created and is creating a significa:It impact ori 11thc: transportation system of the Oroville Area; and WHIRE�!S, said owner is aware that in 1983 the Butte Counter Board of t-.qp,srvisots adopted an Environmental Impact Report (EIA) pertaining 'to the Orovill o- Area Land Use 'Plan, which EIR identified said plarb &S ll,,aving a significant impact on .he transportation y ti system of ��.e 01`,cville Area; an Wit 'b:AS, the1983 Oroville Area Land Use Plan EiR recommended a trafl" - study be conducted prior to substantial growth occu:ering in 0rdLe7.,` t balance the new land use scenario allowed by the orovil,? a .7 tea Sand Use Plan with transportation i.nfrastt-u Lure invest uent to odm= :te that the transportation system would c ' iltintiie to mov�itlRaf is at a reasonable level of "service; and ,;E,REA,6, such a traffic study Is currently being rontictecl; and rowth in papulation and employment in the the gr { , / rr Oroville Area has produced sicynificIbt increases in travel demand which threatens the, level of service 'of the existing transportation system unless transportation improvements are made to reflect the land use scenario allowed by the oroville Area Land Use 'Plan; and WHEREAS, the Oroville Area Land Use Plan policies require coordinating City and County transportation planning in the urban area and cooperating with the City of Oroville in developing a capital improvement program for sjtreats and.. highways; Find WHEREAS, the ol,oville AreEfi Land Use Plan proposes that transportation impact fees be extacted as to all new development which requires City an d County cooperation in order -for impact fees to be successful and equitable, and it is anticipated that the City of orov lle and the County of Putte will assess anti levy traffic impact fees in an amount and ir.7,, a manner substantially the _same; And WHEREAS, the County of Butte, in implementing the Oroville. Area Land Use Plan and said traffia study may assess and levy said trafficimpactfes by establishing mechanisms such as the following: develleoper fees; formation of a county service area and levying of service charges therein; f ormatioln. of an assessment district and levying of asseessyaents therein; or some similar, ;fair, reasonable and a ?propriate finding mechanism, to finance traffic infrastructure improvementsor environmental studies or other planning studies deemed n,et,essary to determine' the needs for traffic infrastructure impro'4rements ; and WHEREAS, said owners rei. ognize that the imposition of traffic impact ',ra better property 4 will. benefit their pros ert y prow � b comb 'fees o mechanisms transportation systeta; and WHEREAS, said, owners wish to mitigate the impact of their proposed development on the transportation system and recognize that the county of Butte does not at present hZWVe a funding mechanism in place or other adequate resources necessary to provide such mitigation. NOW, THB],kEFORI, said owner doers hereby agree and consent as follows: i. Said, owner consents to the establishment of traffic impact fees or such other funding; .mechani`s,m, or combination of mechanisms; -pro rata share there jlithment of the same, and agree o agree not to protest �t a„�rist ectal , to pay their p of. 1. Said owner the #es to�rco�)per such and support the county Of Butte in obtaining pp funding mechanisms from other property ownex:i wi,;f hin the unincorporated area of 'the County in the Orov ille Ladd Use Plan Area, Sas owner agrees to a f 7rthwith ythe f lowing fee as to �. .d pay parcel 2 bOti.ng created by the subject narddl map; seven-hun3recl Ir ti V State of California r d County of'U'. /P4CiE--s7� on.�a��— before me, /e personally appearedAd"7� �,;a known to me _ absas�l�nf�g�strdeatw�le�lA _personally (orproVod to me on the basis d satisfactory RICHARI) FEUERSTF_,sd; m ' evidence) to be the person (s } whose risme (s ) a s/are subscribed to the within instrument and ,.� ° � ►vpua�ta�IFOM a� me that he/she/they executed t ycommts��n p�+ FQb ���s a the.nsamedindrito is/her./their authorized capacity(ies), �„rs�a�m�a�cam®cmc■ami® and by his/her/their signature(s) on the instrument the person(s), or the entity upom behalf of Which the person'(s), acted, executed the ,instrument. WITNESS my hand and official seal. Notary Public ,l 4 R +{ areal 2 of the subject parcel hall and fifty dollars ($750.00) as is to p a for traffic mitigation . It understood arate designated county s Fund map the county into P acts on, be deposited by purposes of mitigating imp Limited to use fOr the intended the transportation system within the QrovilLe ,Area Land Use flan area. It such fees paid 4. is understood that at this time are u on cur�:�nt estimates and shall be treated as deposit- upon epdsi ' determined by the County of based p against the actual fees ultimately •" tion. Said owner act mitigation fees as may be Butte to be owing far such traffic impact mitiga licatian agrees to gay such traffic img general apP Ultimately assessed and levied by an action of g the Board of Supervisors of the county of Butte approved by the taken by land use entitlements reviewed and app discretionaz~y tkxe actual developer fees, Service charges, i county. If ssessments or other charges asses ate than said deposit, said a in the age g ation are greater additional amounts owning mitig onsiblL to pay any s owner shall be resp service charges, assessments or other If the actual. developer fees, charges assessed and levied are Less in the aggregate fnd of that deposit., said owner shall be entitled..ore parcel ,2 is deposit which is ismdnn excessothof cthe actual eseIf pees,tr nsferred, then such additional amounts portion of charges, service person is sold or otherwise and such refund shall be paid to the ant or owing shall be paid by 2 at the time the additional paid► or persons who .own Pareal -refund becomes due and payable. 5. In c ration the foregoing and other good and valuable consideration► the undersigned a h the land and shall be shall_be an agreement running foregoing succassors and assigns. _ binding upon his helrs, _ —1--el r�(-UST ;,gDATIN CAPaILLo I h ST'.NTE OF CALIFORNIA COUNTY OF BUTTE ed a _ 1992 before me, that undersigned, and fort the State oL california; personally On, - .� � own Notary P lic r persanallykn appeared �'!p /v on the basis of satisfactory evidence , proved to me [ is subscribed to tfie within to me, wed(s) whose name t be the person instrument. and acknowledged that he executed the same. '. SS M . hand and official seal*. " WITNESS y i.'gnature v�'!%fit"%/✓ .. 2Al2 (Typed or Printed) Name orotraff.agr RICHARD FSUSRSTFM p t. ` r M 4Ci'1"A'RY pUE Ljoi-CAI, Ma Cuticc6unty ',6 � �1y C,ammts�inrs �clilrnt ppb. if3. �ss� ' m�i�inaim�aa _,,,r• -fir �,.� ,Y Count, utt ,+,, �.•" LAND OF CJATU�`AL WEALTH AND BEAUTY LAND DEVELOPMENT DIVISION DEPARTMENT OF DEVELOPMENT SERVICES ' i r n TELEPHONE(916) 538.7266 Pia 7 COUNTY CENTER DRIVE * OROVILLF. CALIFORNIA 969M-:13 7 Planning Department FAX: (916) 638-2140 AUG 5 1992 CERTIFIED MAILAugust 9, 1992 oroville, California Augustine Carrillo RE AP 26-07-07 N lo Ron Graves BOUNDARY LINE MODIFICATIO c C/a - p. 0.. Dox 986 Oroville, CA 95.965 Dear Mr Carrillo; At the regular meeting of the,$�ztte County Development . Services Committee held on August 3jI9a?;, the Commm ttee modified condition li 10 on the above referend'.ed project as stated in the letter to you from this agency dated January 27, 1992:, The condition should read as follows: "The applicant has the option to trait for Oroville Area Traffic Impact fees to be determined and pay appropriate feesf or sign an agreement to make a deposit of estimated impact fee's. The estimated fee ireques vith the right to either a refund of any overpayment or the underpayment: amount once the _actual fees are determined.'" If no appeals are timely filed -- within ten (10) days of the date o£ the Development Services committee's approval (August 13, 1992) -- with the Clerk of the Board;, of Supervisors, this action will be finale Should you have any q uestons regarding this matter, please contact this office at 538-1266. Very truly yours, Stuart Edell ManagerrLand rsevelopment Division Department of Development Services S)/'ds cc Pla'hning Division Environmenttkj Health Department R,ori Gt'aVds ,Associates -035170, Rec Fee .114. 0 Project: Carri.l o Parcel Man 1 Caning Dri01 tr►en� ' 0 XP No.; 016-070-007 Recorded County of Butte Official Records I Department of Development Services County of 1 AUG�� Butte 1 Orovillo California After recording Candace J. Orubbe I ' return to Recorder 2:1;2pm 5 -Aug -92 1 NLISL X County of Butte Denartment of Development Services 7 County Center Drive oroville, CA 95963 AGREEKENT RUNNING WITH THE LAND 'RE MITIGATION OF IMPACT ON TRAFFIC IN THE OROVIL E AREA WHER.FAS, the undersigned is presently the owner of that land commonly known as AP No. 26-070-007, which is located, in the unincorporated area, of Butte County, California, near Irwin Bohemia Avenue in the Oroville Area, the legal description of which is set forth in Exhibit "A" attached hereto and incorporated herein By this reference; and WHEREA5, said owner proposes to develop his said land, and, in connection with his development proposal- has submitted an application to the County of Butte for the following discretionary land use entitlement: parcel map creating two parcels out of the existing one parcel, with new parcel One already being developed with existing residences and it being contemplated that a new residence will be constructed or installed on new parcel two; and WF. rREr s, said owner recognizes that the cumulative impact of development in unincorporated areas of Butte Count yr including his proposed development, has created ,and i.� creating a significant impact vn the transportation system of the oroville Area; and WHEREAS, said, owner is aware, that in 1983 the 'Butte County Board of 5uper*,risors adopted an Environmental Impact Report (EIR) pertaining to the nroville Area Land use Plan, which EIR identified said plan as having a significant impact on the transportation system of the Orville Area; and WHEREAS, the 1:98.3 oroville Area Vand rise Plain EIR recommended a traffic study be conducted prior tosubstantiat growth occurring in order to balance ti_he new land use scenario allowed by the Orovil.le Area Land Use Plan with 'transportation infrastru=tura investment to ensure tha't the transportation system would continue to move traffic at a reasonable level of service; and WHEREAS; such a tr of is study _s curently being conducted; and WxEREAS, -tee grOVth in papular -ion and employment e RECEIPT 13088" OFFICIAL RECEIPT l t:TYC Flit C CIvY TOYAL -uno No, "edroUgo WON.k4 i..1►CO UdL 41Ah1AfiG 1tY rUuLIG r.ITI 00 C'UMLNis-. toNlNu vIV HLA LT�I OTNCII. APPLICANT i NCCE.IVI o FROM �. RECEIPT 13088" OFFICIAL RECEIPT COUNTY of BUTTE tiLj ✓ STATE OF CgLIFOFiN1A OFFICE OF PLANNING 1SSu Y+ '. ti w ww■� �' m4flj q Ioor#1t1ent 10 WjOroviW ' 1 LAND OF NATURAL WEAITH AND BEAUTY t .ate LAND DEVELOPMENT DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE : OROVILLE, CALIFORNIA 95965.3397 TELEPH ON L: (91615387266 FAX; (916) 5382140 MAIL - July 22, 1992 Augustine Carrillo Rla: AP 26-07-07 c,o Ran GCaves T'entat:ve Parcel Map P. 0. BOY. 98E proville OA 9596-5+ Dear Mr. !--arr i l to Please be, advised that yo1w' request. to modify a condition or you tentative parcel nliip can I t) 26-07-07 will be heard ;b�, the Butte County Development Review Committee On August 3, 1992. Shouldyou have any quEs:4tions r6czard.ing this matter, please contact this office at 538-7266. Very truly yours; 'i � V ger,Land Development' bi'VisiOn!rthient o� Development servides S.E/ds ivc Plann�, 'tng Division I rivir,snmerita� Health Oepartment Roca. G:f;eves Associates , j ' 14 ML'[I]U Ii7 �Il�: July 231 1992 RE: AP* 026-070-007, Parcel Map for Alugustine Carrillo Mr. Carrillo has reached the point with his Parcel Map process where record the Final Map. ere he is ready to .ldowever, Planning Department. Condition ,#10 (As listed in a left . Butte County Public Works dated January 27 1992) states that traffic to Mr. Carrillo from be aid impact fees shall p. These traffic inlpact fees have not et .:been determined. �, ft is p prior to recordation of the Final Ma Deve]oementRev1ew County Counsel,' l!, it McCabe, io take tr sproject opinion` Development Committee (fo,tmibrlIr Advisory Agency) for resiin of Condition be ack to the determe n dI o� sign an agreement tate r' Carrillo has the option to `rirait for impact fees t g nt to make a deposit of estima o estimated fere is $750.00, with the righttt to ibithec refund any ted impact fees. The underpa�c�ent amount once actual fees aro determined. } over or request the I have requested tl.Ris item be laced ori the August 3, 1992 q Committee agendas p �3evelopment Review Lisa I'>arc+is-�a7VilsorY. U'W' to f G �} projects Carrillo Parcel Map AP Ito.;' 025-q70-00.7 County et Butte Department of beveloPment Services Auerrecording return to �i County of Butte D,cipartment of Development Services 7 County .Cente,r Drive OroVillet CA 95965 AGREEMENT RL1iwiur. WITH THE LAND RE MITIGATION OF IMPACT og TRAFFIC IN THE OROVI LE AREA WHEREAS, the undersignod is presently the owner of that land commonly known as AP No. 26--07o-007, which is located in the unincorporated area of Butte County, California, near Irwin & gohomia Avenue in the Oroville Area, the legal description of which is set :forth in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, said owner proposes to develop his said land, and., in connection with his development proposal, has submitted an application to the County of Biatte for the following discretionary S land use entitlement: parcel map creating two parcels out of the already existingsting One parcel,with new pail:cel one already being developed p with existing residences and it being contemplated that a new residence will be 'constructed or 'installed on new parcel two; and WHEREAS, said owner, recognizes that the cumulative impact of development in unincorporated areiks of Butte County, including his proposed development, has created and is creating a significant �-�- y i P i.m act on the transpOL�ation system of the Orov�.11e Area and WHEREAS, said owner is awari,it that in 1.983 the Butte county Board of Supervisors adopted an Environmental impact Report (EIR) perta ning to the Orovi lle Area Eaiid use Plano which ETR identiti.ed sari plan as having a significant impact on the transportation sysitem of the Orov. lle Area p- and WHEREAS,t he 1983 Oroville Area Land Use Plan EIR recolmended a 'traf`fic study be conducted prior to substantial growth occurrYsi in order to balance the new land Use scenario allowed by ttg Orovi'lle Area Land use Plan with transportation infr'ast-tt at' investment to ensure that the transportation system would ddntLnUe to move traffic at a 'reasonable level of service; and WHEREAS , such a traf f is study is currently being c uhdUcted • and WHEREAS the growth in population and emploYmont in the y N d;rovlleArea has produced significant increases in travel demand - the existing transportation which threatens the level of service: of g system unless transportation impr'pvdments are made to ref'i ect the by the Oroville Area Land Use Plan; and land use scenario allowed WHEREAS, ;",.he uroville Area Land. Use Plan policies require y Y planning in the urban coordinatingCid and Count, Y transportation area and cooperating with the Cit of Oroville in developing a capital improvement program for streets and highways; and WHEREAS, the Oroville Area Land Use Plan proposes that tranmportat on impact fees be exacted as to all deur development whicb. reQuires City and County cooperation in order for impact fees to be successful and equitable, and it is anticipated that the City of oroville and the C0%VMty of Butte will assess and levy traffic impact fees in an amount and in a manner substantially the same; and WHEREAS, the County of Butte: in implementihq the Oroville ;krea Land Use Plan and said establid studym ay may and the, said traffic impact lees by g such as the folidWinq: developer fees; formation of a county service area and levying of service charges therein; formation of an assessment district and levying of aosessments therein; or some w ,imilar, fair, reasonable and appropriate funding 'mechanism to finance traffic infrastructure iinprovemerits or environmental studies or other planning studies deemed necessary to determine the needs for traffic infrastructure i1jprovements; and WliEftFw�B, said owners recognize that the imposition of traffic i,mpact..fees. or such other, funding mechanism, ur combination of mechanisms ''.11 benefit their said prop,;erty by°provkd ng a better transportation system; and WkTEitEAS, said owners wish to mitigate the impact of their proposed development on the transportation system and recc,gnize. tht the County of Butte does not at present have a fu:ding a mechakiism in 'place or other adequate resources necessaryy to provide such mitigation: NOW, THEREFORE, said owner does hereby agree and consent as follows l; Said owner consents to the establishment of traffic impact � tees or such other" furtding mechanism, or combination of mechasiisms, agree not to protest against establishment of the same, and agree to pay, thisir pro rata share thereof. 5a'` :agrees tovaloofr such funding m+echahitmstfrof, p m Butte �.n obtainin r the eapp�c _ g oth,�fyroperty owners within the unincorporated area of _'the County in the Oroville Land 'Use. Plan area. Said owner agrees to pay forthwith the :following fee as to seven-hundred parcel-2 being created by the subject parcel. map; I ,1 .I II and; fifty dollars ($70.00) as to parcel 2 of the subject parcel ,map for traffic mitigation. It is understood that such fees shall be deposited by "'he County into a separate designated county ,fund limited to use for the intended purposes of mitigating impacts on thi transportation system within the Or.oville Area Land Use Plan rarect. 4. It is understood that such fees paid at this time are based upon current estimates and shall be treated as deposits ees ultimately detmr-m ned by the County of ac�aiizst the actual f Butte to be owing for such traffic impact mitigation. Said owner agrees to pay such traffic impact mitigation fees as may be j ultimately assessed and levied by ,an action of general appli.cat„ ' ta)ten by the Board of Supervisors of the County of Butte a! -CO digicretionary land use entitlements reviewed and approved by the Cognty, if the actual developerfees, service charges, Msg;essments, or other charges assessed and levied for traffic mitigation are greater in the aggregate than said deposit, said owner shall be responsible to pay any additional amounts owning. if the actual developer fees, service charges, assessments or.other charges assessed and levied are less in the aggregate than, said de�•osi'e, said owner shall be entitled to receive a refund of that por ioh of his deposit which is in excess of the actual developer fees, service charges, assessments, or other charges. If parcel 2 is sold or 'otherwise transferred, then such additional jIlmounts owing shall 'be paid by and such refund shat. be paid to the person. or persons who own parcel 2 at the time. the P Yl additional payl or .refund becomes due and payable.- 5. In cons ideration'the foregoing and other good and valuable consideration, the undersigned owner expressly agrees that the foregoing shall be: an agreement running with the land and shall be. binding upon his heits, successors and assigns. AGU;STIN CARRILLO DA'L'E STATE OF cAtI ORNTA COUNTY 'OF BUTTE for he 25 before me, that undersigned, a On r Notax.y Public in and tate of California; personally `' , personallyknown appeared [ - proved to me on the basis of satisfactory evidence to mei to the within to bd the person(s) whose nate is subscribed instruYnent and acknowledged that he executed the same. _ wITNESs my haiid and official seal. ,signature ature Name (Typed or Printed) orotraft:. agr c, „ DECLARATION AF FEES DUF2 (California Fish and Game Code. Sectioin 711,4) NAME AND kDRRESS OF APPLICANT FILING NO Caxri.11o-------------- O. Box 986 __ Mir Oroville CA 9 965 — CLA8S,11CATION OF EW;IFaNMENTAL DOCUMENT: i NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION A. statutorily or Categorc;all.y Exempt. $25.00 clerk's Documentary Handling Fee Cx] B DeMi' s Impact •- Certif irate of Fee. Exemption $25.00 Clerk s Documentary Handling Fee NOTICE OF DETERMINATION - FEE REQUIRED A. 2” Negative Declaration C ] $1,250 State Filing Fee $25,00 clerk's Documentary Handling Fee Bernvironmental impact Report l $850 State Filing Fee $ Handling Fee 25.00 clerk's Documentary 3 ] OTHER (Specify) $25.00 Clerk's Documentary Handling Fe,s PAYMENT/NON--PAYr'(EiST OF FEES: �,,,, e' t s e been paid. I. tX] See attached recil+ o(ens have NON-PAYMENT. The above fees are required. Not, paid. Chief Planning Official Byi, Paula Leasure for Assistant Pjanr, ng Direr Lead Agency: BC public 'Works, Depi March 30, 19 92, TWO &PIES OF THIS FORM �+IL1ST BE_ C THELBUTTE COUNTY G? ERK' S OFFICE ' EN'V'IRONMENTAL DOCUMENTS FILED WITH THREE>, COP CES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR r • �fE FILING OF FI'LINC' LE FEES ARE'DUE'AND PAYABLE PRIOR TO T,1 . APPLICABLE � COUNTY OF BUTTE. S OFFICE. LL dgttkAkn TO THE CO �''--" A(`1.NMENT.AL DOCUMENT WITH THE BUTTE COUNTY CLE CHECKS PAYA�'3LE CALIFORNIA DEPARTl4 ENT OF FISH AND GAME CERTMCATE OF MANG FEE EXEMPTION De Minimis Impact Finding {*Fish and 'Game Code Section 711;4; Section 753.5c', Title 14, California Code of Regulatioosi Project Title/Butte County Location: Tentative Parcel Map for Augustine Carrih:o located at the southeast corner of Bohemia Avenue and Irwin Avenue in the Palermo, CA area. AP No. 026-070-007 Project Description: TPM to divide 7 acres into 2 parcels, one 4 .1l2 ac, and one 2 17? ac: parcel. Findings of Exemption (attach as necessary); 1. The County of Butte has conducted an initial study and prepared a Negative, Declaration so as to evaluate the impact: potential of this project for adverse environmental 2. When.considering . the record as" a Whole, County that the project will have potential for an adverse Teimpact onis no before the or the, habitat upon which the wildlife depends. P resources 3. The Cou1 , tS of Butte has, on the °bas is of substantial r,�;��ti.rt,.., rebutted the. p P resumg tion of adverse effect contained in Section 75M(d) of Title; 14, Califoriiia of Re i�latans if applicable, Y to be de mmimis in its effect on wildlife A. The project is hereby found pt from e State Fish h and Game 'filing "fees required by Section 711:4 of the Fish andexemGame Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources; as defined in Section 711.2 of the Fish and Game Code, Paula Leasure, Assistant Planning Director (Chief Planning Official) By Lead Agency; Butte County Advisory Agency Date; March 30 1592' 1 NOTICE OF U-TS—RHINATION office of plan...& Research Dept. 1400 Tenth Street Sacramento, CA 95814 �I or Butte: County Clerk FROM: aut:,te County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with ,Section 21108 or 2152 of the Public Resource© Code. Proj�:ct '�"itle Tentative Parcel Map ?,P Number: t 026 -070-007 qt Augustine Carrillo , St&ta Cleiaringhouse Number (If submitted .,o clearinghouse): None Contact F'ersan: Stuart Edell Tolephone Number: 538-7266. -Pzoject Locationz on, the southeast corner of Bohemia Avenue and Irwin Avenue, in the pa.l.ermo, CA area. project Description: TPM to divide 7 acres into 2 parcels, one 4 1/2 ac. and one 2 1/2 to:c. parcels This is to advise that the Butte Gount Advisor A enc . -- (,Lead Agency or Responsible Agency) has ow;royed the itboionser�{ribednprthecabo e -January 27, 199p�___ and has made the i pp - ` t4o11 rg 4 ribed project' t x. i?1s� psoji�s;s r�:tlar :x. a� tF• no-, .ttFr'�r;: n� �?�G�p•1 ri''3;lt. of"erect i -n the 1 Qry-t ronm.�nt. 2, . tAli hen ilrovisionsal 'LmpaA� Report waa prepar this p j t to p. _ ed for r.,iis ro pct purauan X A Negative Declaration was prepared ;for this project pursuant to the provisions of CECA. 3. Mitigation measures �x . were, _ were not, made a condition of the approval of the project. 4. g as, X._._ was not, adopted for this project. in cons ons w A statement of overriding This is to cflrtify that the final EIFt with comments and responses and record of project. approval is availakrle to the general public att. Butte Couftty Planning'Dppartment 7 County Center Drive Orovillei CA 95965 Received got Filing and Date _ Post; ng at nPR Signa:tUre Paula Leasure Assistant planning Director ROV19'ed March, 1'9 6 Title .; 'Form At NOD ., ii ....., .�`..y..,... .,w,,,.,,.i . �.. • . {� .. _.__ , apt. - ''. i p h Tentative Parcel Map, Ap ,No. 026-070--007, for T'ugustirie Carrillo. ' �Iiti�tati'onMeasures : ',' 1. Develop drainage plans to the approval of the Butte County Public Works Department. 2. It is recommended the following note be placed on the of the final map stating, alternate or additional map sheet It fire suppression sprinkler systems shall be in all natal established residential structures . d i. Y installed n Fire Protect.ton Assn. Standard accordance with the National for 'she installation of sprinkler systems in 1 and 2 family` dwellings and moble;homes NFP Standard 13 D. The pur;.�ose for additional. of the installation of sprinkler systems :is in the event of residential safety and property, protection fires. This installation will reduce the demand for structural fire protection services in those instances *where they are installed", A r' fit�I N777, OTICE Ci 1 I� a:�JN IF 1;IlE:TF�ZN ,�T �� II i ,a , Too ,,,,_1 - A.Fff ce of Plan. & Research Dep'r • � � 1400 Ti�onth Street S,acram!Inta, CA 958:14 oz'APR 10 IN2 Butte County Clerk ri�0141 gt1tt,1 County Planning By A. kala r � l.+ccuty 7 Counter Center Cr., Oro��ille 9596:5 s' -p— o get Filing of Notice of Determination in compliance with Section .21108 or 2152 of the Public Resources Code• ryy qct Ti tli r Tentative Parcel Map pGiC 'iaat#rC�h� rz fi2b- 070-007 Ifaaate3 hugustine Carrillo j;t.ftta C1;ear1s1ghous0,' Number (If submitted to clearinghouse ): gone d-,-yntact Verson: stuart, Edell TiOlephone Number: 538-7266 c� .• C3 , i. a � the p+ •Lj ect Location; "On the southeast corner Sohem�.a Avenue and Irwi "i Avenue; 3,n pjot ermo,. CA area, pz;ojFct. nesc!ription: TPM, to divide 7 e.c;rdisi into 2. parcels, one 4 1/2 ac. Anel, one 2 ].%2 a�,, parl;els. Ttfis if: to adva.sie that the Butte County ;a+Grsory At noy (g,ead Ai.iency or Ilesponsible Agency) p 9 2 :he h;�.s appt;oved the above-described project. on. -January � ?:i. 1992_ y� and hays na' a 1• g sed ro ectt f�illowitl dete. =inations regarding the. above• -des �i ij The project will, X__ will n have a significant effect on the envjranm ent4 24 An Environmental 'Impact Report was prepared for this project pursuant to the provisions of CEQA.. X A Negative Declaration was prepat'ed for this project pursuant to the prdvidions of (4,EQA. 3„ Mitigation measures e X wer, Of tl,•►e s were not, made a Gond tit��n apgraval of the project• consi'erations was, 'Xwas rfiot Pted for , 41. A statement of overriding ' ad tr 'this project g p Thi's Id l to certify„thatathe final EIRpwith ubliccomments and res onses and retard of project approval is avaf ab 4 Butte County PlAhh1lig Department 7 County Center Drive Oroville, CA 95965 Dr'kte Received fob yFi ling andi1 Pibstino at OPFt SignaturEs -• Paula Leasute ` As'sistah# P).anninct Directoz'- i;b�riseCl Marchr a..08.0 , Title +vicm AtiftoD ; i rr rt ar W 5 d �� DECLAMATION OF FEES DUE (California Fish and Game code ;rection 711.4) NAME ,AND ADRRESS OF APPLICANT u ustine Carrillo FILING 90. P O., Box 986 �r pr2yil2;e,CA 95965 CLASSIFICATION OF ENVIRON1T4NTAL DOCUMENT: NOTICE OF EXEMPTION/ STATEMENT OF I1XEMPTIUN J A. Statutorily or Categorically E:K4�mpt $25.00 Clerk's Documentary Handling 'Fee: ['X] B. DeMinimiis impact -- Cerc;ifioa�l c t)f Fee J3xt:bRption $25.00 Clerk's Daclzme�-I: '114an lijig ]?e� 5 NOTICE OF DETERMINATION - 17 -EE R] Q1jI1R'LI) J A.. llegative Declaratir'n $1 r 250 Sttte Filing Vile ?25.00 Cletrk's Dr,icumahtary Handling Vee J B. EnVirontnental. Impact Report '$E50 State: Pa ling ,Fes;: $25.0.0 Clerlkc ; Docum�i , ary ',Ilaandliil�_� Feet 3 [ O?'HEF (Specify) 5 c _ r�r Haind:l>�i llg ;lI ee �25.•G10 Cle�.� s' DOcLim�inta s �OF FEES I, l' [XI PAYMENT.',ihe ►hove tees have ;beeh paid. See attached receipt(s,) 2. [ J N(C►N-PAYMENT. Tlr.e above fees are requii;ed. Not paid. ChiefPlanning Officil tyi Paula Leasure AzaisAgency! 8tant WPeWorks birector Lead8c Public Dept March 30, 1992 TWO COPIES' ` -V,� Tift8 FORM 'MUST BE COMPLETED AND SUBMITTED WITH ALL ENvIRoNl ifTAL DCNCUMENTS FILED WITH THE 'BUTTE COUNTY CLERK'S OrFICE: THREE COPIES Qk',.,ATL ?tECESSARY DOCUMENTATION; ARE REQUIRED FOR FILLNG. ,. ALL APPLICAbtt FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENTWITH THE FIUTTE COUNTY CLERK' S OFFICE • M XE CHECKS PAYABLE TO TE COUNTY OF BUTTE ! I Te Parcel Ma S, A ? No, 026-070-=007, "foir�;,�ugusti ' carri llo. !�it`Xdation Measures,: 1. Develop' drainage pians toa the approval off' 'the Butte 'County public Works Diapari.ment. 2. It is recommEmded,the ;Eoilowing nate be placed on the alternate or additional reap sheet of the final map stating "Automatic fire 1,uppression sprinkler s�►stems shall be installed in all newly established residential structures in accordance with the National Firot Protection Assn. standard for the installation of sprinkler systems in 1 and 2 family dwellib�s and mobile homets, NFPA Standard 13 D. The purpose of the intal:l.ation of sprinkler systems i s for additional E:ct o�n the event of residential safety and property prot. fires. This!will 'll reduce the demand for E;tructu;ral fire protection services in those instances where 1 -,hey are installed". - I w {{ i CAJL'f FC R3`+tL�► l ]KP, .M .TNJIE.NT GF x�.l >E ANIS II r.�4D��E i CRRI S;A" 4 OF �i_x;INGr PEE ;EXE1VHi'TI�f,�l� pe Jvlinim s ;impact Filid ng 753. x„ 'title 14, g (*Fish and dame Code Section 7],1:4; ;Sexy �' "� California Codt, of Regulations) _ Tenttve acel y1ap for Augustine Carrillo Project Title/Butte County ryLocation: , located at the southeast,cot :W'r of Bohemia Avenue and Irwin Avenue in the Palermo, area.. AP No. 026-070-007 ,Project L)escrip tion: TPN[ to divide 7 acres into 2 parcels, one 4 1/2 ac, and one 2 1/2 ac, parcel. Findings of Exemption attach as neCOWY)x y itial study Lind prepared a Negative 1, The Count of ,Butte has conducted an in ;Declaration SO as to evaluate the potential of this Project for adverse environmental impact: d considering the recoras a whole, there is rio evidence before the 2. When an adverse impai:,t on wildlife resources County that the project will have po tential for or the habitat .upon. which the wildlife depends. The Count of Butte _ has, on the basis of substantial evidence, rebutted the I y of Title 14, California Code presumption of adverse effect contained in Section '�53.5'(d), of Regulations, if applai.able., The projectIs is hereby 4bund I.a be de minim is in �U' effect on wildlife and i.1- .),,,cwired b ,,00n 711.4 of the Fish P P g exempt from the State .Fish and. Game Pilin fees eq � Y and Game Code: Certification: cert Wh that the Count' oil �3u�te ha`l made the nlao���e findings of fact W..� t hereby c tfy , .. 4 , �d the projer,h will not individually or n the rrli ve s def effect n wildlife r record + tee that based upo esourres, as at- eel in Section 71"1.2 of cumulakivel have an aid the F1, 46 and Game Code. PaulaI e,lstare, Assistant Planning Director Official)(Chief Pl � n►ning , 'butte County j Lead Agency: ! Advisory Agency .Date:. March 30 192 R,`i AGREEMENT RUNNING WITH THE LAND RE 161TI:GATION OF IMPACT ON TRAFFIC IN THE OROVILLE AREA, W,RERtAS, the undersigned is presently the owner of that land No. 26-070-0077, which is located in the commonly known as AP unincorporated a7:ea of Butte County, California, near Irwin & of which Bohemia Avenue in the ille is set forth in Ey.hibit A_ attached heretogandAreal the lealdescription incorporated herein by this reference.4 and vrHEREAS; said owner proposes to develop his said land, and, in connection with his development proposal:, has submitted an applidation to the County of Butte for the following discretionary land "tjtse entitlements parte � .map crenone gtwo asready" parcels bengodeveloped of the existing one parcel, with parcel with pax sting resi-dences and it being contemplated that a new resid.nce will be constructed or installed on new parcel two; and li�FERE��5, said owner aecognizes that the cumulative impact of develi1.5pment in unincorporated areas of Butte County, including his propo ,3ec d!:avelopment, has created and is creating a significaan .on system em of the Oroville Areal and impac�h on I...he tra,nspnrtata. y i�;HB �s,S y said owner is aware that in 1983 the Butte County Board of Sixpe:cv �,brs adopted a Land Use Ian Environmental wh Impacth EIR pdentifi_ed saida plaort (B nas having a significant impact ori the transportation to the Orov� lie system of the Oroville Area; and WHEREAS, the 1983 Orbvill'e3Area Land Use Plan E7R recommende a traffic study be conducted prior to sukistantial growth occurring in order to balance the new land use scenario allowed . the plan with transportation infrastructure Oroville Area Land Use investment to ensure that the transportation system would continue to move traffic at a reasonable level of service; and WHEREAS, such a traffic ,study is currently being conductedl' and WHEREAS, the growth in r;:pulataon and employment in the 1 r aroville Area. has produced ,significant increases in travel,. demand -which threatens the level d service of the existing transportation ystem unless; transportation improvements are made to reflect the land use s .-erlario allowed 'by the Oroville Area Land Use Plan; tend WHEREAS, the orovillo Area Lund Use Plan policies req 'virrd coordinating City and Courri:,y transportal.:ion planning in the uz,bar► ;area and cooperating with the Citj> of Oroville :in developilln,Y ca capital improvement progr4M for streets and highways; and WHEREAS, the OroV11I,e Area Land Use Man proposes that) transportation impact f^., es be exacted as to all nelit devel,opmeni.0 4wiUch. requires city and Oninty cooperation in o3,'der f -'or impact: feet) to be; successful and egait,fi1O1.e, and it is anticipated that the, C.:itjc 4f oroville and the Count;j;O oil Butte will assess and. levy tr;aff'ic. ;impact feet in an amount eind in a manner substantially the sl)Ame; and WHEREAS, the county of Butte, in Implementilag the: O'eovilld, Area land Use plan and said traffic study iAay, asses and levy said traffic impact fees by establishing me=chanisms such as tIl following: developer fees,; formation of a county service area aiad levying of service charge's therein; formation of an Assessment: district and levying of assessments therein; or some similar, fair, reasonable and appropriate funding mechanism to finance traffic' infrastructure improvements or environmental studies or other planning studies deemed necessary to determine. the needs for traffic infrastructure improvements; and WHEREAS, said owners r;ecogniae that the imposition of traffic impact, fees or such other funding mechanism or combination of mechanisms will benefit their Maid property, by providing a better transportation system, and WHEREAS, said ownerswish to it iltigate the impact of their proposed development on the transportation system and recognize at t=he County of Butte: does not: at present have a funding th mechanism i rt place or other' adequatere=sources necessary to provide such mitigation, NOWj THEREFORE, said owner does hereby agree and consent .as follows: 1. Said owner consents to the establ=ishment of traffic impact fees or such other funding mechanism, or combination of 'mechanisms, agree not to protest against establishment of the same, and agree to day their pro rata share thereof. 2i Said owner agrees to cooperate and support the County of Butte in obtaining the approval of such Ethdlhq mechanisms from other propertY owners Within the unincorporated area of the c=ount=y, in the Oroville sand Use Plan area: 3. Said owner agrees to pay forthwith the following ftp as to parcel 2 being created by the- subject parcel. map; sev,c�n��tiundred Z f .end fifty dol. lar`S ($750.00) as to parcel. z of the subject garde map for traffic mitigation. It is understood that such fees shall be deposited by the County i;ito a separate dihsignated county fund limited to use for the intenjaetd purposes of mitigating impacts on the transportation system within the oroville Area Land Use Plan area. 4. It is understood that such fees paid at this time are based upon curr'eni: estimates and shall be treated as deposits against the actual fees ulitimately determined by the County of 13Utte to be owij$g for =:�izch traLffic impact mitigation. Said owner g1grees to paysuch traffic:, impact mitigation fees as array be ul.ti%ately as<sessed and levied by an adtion of general application takenby the Board of Supea:,v,isors of the County of Butte as to discretionary land use 'entit-lements :reviewed and approved by the County.' If. the actual developer fees, st>_rvice chargisE'' assessments, or other charges asseErsed and levied for trafJH mitigation are greater irk the aggregate than sand deposit, said owner sht!ll be responsible to pay any additional amounts owning. if the actual developer ,fees, service ;chargee, assessments or other charges assessed and, levied are lest in the aggregate than said deposit, said owner shall be entitled to receive 'a refund of that portion of his deposit which is in excess of the actual developer fees_, service charges.; assessments or other charges. i:f parcel 2 is sold. or otherwise transferred, then such additional amounts owing shall be paid by ,and such refund shall be paid to the person or persons who Own parcel 2 at the time the addit:ioilial :payment or refund becomes due: and payable. 5. In consideration the lGregoing and other good and valuable consideration, the undersigned owner expressly agrees that the foregoing shall be an agreement running with the land and shall be binding upon his heirs, successors and assigns. AGUSTIN CARRILLO DATE sT.ATE OF CALIFORNIA COUNTY OF BUTTE ptl► 1992 before me, that undersigned, a Notary Public irfi and for the State of California, personally appeared _ r personally known to mp, [ ] proved to me [ ] on the bass of satisfactory evidence to be the person(s) whose name is subscribed to the within' instrument and acknowledged that he executed the same. WITNESS my hand and official seal: si nature Name (11-yped or Printed) orotraff.agr J - !� { it 1� jOrTPM iso southeast ast located at t:. � AUGUa7.I1VB GA�R��.,0, .�'Prt, ; AP 26-7-7, �, pa�`de1s h Go nt#r of Bohemia Avetiue' and Irwin Ave. faae;l!rmo area. Engineer: Ron Graves Associates Public Works conditions: Indicate a 50 ft. building setback from the centerline of Bohemia Avenue and Irwin Avenue. �,w- Show all easements oln record. on the final map: Obtain encroachment permit,for all driveways, new or existing, end construct to county i.ibandards. till a Pay any delinquent taxes or current taxes as required, /4E P Meet the requirementi:1 of the Butte County Fire Department. Shoda drainage. easement along existing swale. Health Dept. conditions. '7 Provide a 100 ft leichfield free setback around existing wells either within the property or within. 100 ft. of the property boundaries on parcel. '1 and. 2. 8 Show 100 ft. leachfield setback from the highwater line of the creek on. garce18 i and. 2.. 9 Show the usable sewAp. disposal area proven to meet the requirements of the subdivision ordinance on parcels 1 and 2. Planning Rept. csndit>on: 10 All lots shall be subject to Lhe Oroville ,Area Traffic Impact Fees and said o+tners agree-; piTior to (recordation of their final map); (issuance of any building permit in :onnectioft,with or related to their use permit), to pay such transjchV" atlon impact mitigation fees as may be imposed by an Ordinance Of general application adopted by the Board of Supervisors of the 'County of Butte as to discretionary land Use entitlements reviet+ed and approved by the County. 1t is understood that such fees shall be deposited by the County into a separate designated County fund limited to rise for the intended purposes of mitigating 'impacts on. the transporation system '4ithin the Oroville Area Land. Use Plan Area,in accordance with the Agreement signed December 12:, 1091, by.Augustfine Carrillo, r ll A development impact fee for 5heriffts Facilities shall be paid pursuant to the provisions of Chapter B, Article II o£ the Butte � �k, County Codef prior to issuance of building permits or Use Permit in the case of a mobile home park,, Said fee amount will be tlftN,w determined and dalculated as of the date of application for the building -pe*:mit or Use Permit. r - +.�iwww IF 77 i CAR ILLOTPM Prior to filing of the parcel, map, a Code compliance inspection for �the Zoning, Building, dousing, and Health Codes shall be done } and said property shall be brought into conformance with Code „k requirements. llie following mitigation measures are required; I Develop drainage plans to the paproval• of the Butte County Public Works Dept. 2 It is recommended the following note be placed on the alternate or + additional map sheet of the final map stating, "Automatic fire suppression sprinkler systems shall be;installed in all newly established residential structures in accordance with the ?National Fire Protection Assn. Standard for the installa4ioh of sprinkler systems ita l and 2 family dwellings and mobile homes, NFPA Standard 13 D; The purpose of the installation of sprinkler systems is for additional safety and property protection in the event of residential fires. This installation will reduce the demand for structural fire protection services in those instances where they are installed,,'