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Home My WebLink About040-130-022\ O : M 1 � a • < r w Inter-Deportm fi�Meinoandna nu+ta CO. Pyarwng C. TO:DuLte County Assessment District Review Committee APR 17 1986 FROM. , Public Works IJa.1J:a,am Chefs Director o� SUBjP-CT! Plateau Park Assessment District CnOvtlle, C•Gfs, Oarc: April 16, 1986 On April. 1, 1986, ban. Hays presented a proposal to the 'Board requesting the formation of a 1911 Band Act Assessment District for the Plateau Park development. This is the development on which;a 1915 Bond Ace was requested. Tile Board; of Supervisors did not approve the 191,5 proceedings so the developer. now warms to go with, tate '1911 Act.,. The Board, at its April 1,, 1986, meeting, instructedthe Asse.sNment District Review Committee to review the latest proposal and report: back to the Board at the May 6, 1986,' meeting. Also, the Board instructed us to cotrcact the Economic Development Corporation to see if Industrial Development Bonds could be used for this proposed development We have scheduled a meeting on Tuesday, ,April 22, 1986, at 1.0:00 IN in the comm!ntsAdministrf,rvtlYeiBoardfice �op,AorenresenMtce a Cpvexframs" this tntfCter anti- Co prepare We hope y 41 or a representative of EDC will also be present. your department will attend the meeting. WC;dd William Che,ff Director Of Public Works` Distribution: Martin Nichols, Chief Administrative officer flat Wallace) County Counsel Jim Johansen, Auditor-Cohtrollcr D9 Nolicher, Treasurer—Ttix Collector 3ettyc Kircher, Planning Di Lector. r F Bu�ta +gin, planning " 9�Irlm. JA N y f�rbl$ Coun�•,, GrI Y' � 1 ".#R i 1!AT4{Pf�# WV, #.AIT}# A! I; DEPARTMENT OR PUBLIC WORKS WILLIAM (Bill) CHEFF, Director 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965 Telephoriet(916) 534.4681 RONALD D. McELROY Deputy Director January 70 1957 Dail llny,, Ret AP# 40--49-7 I.O. box 5040 Ind, Sub by Parcel Map 0,,l.ce, CA 95926 Doti rm Me. Hays; At tho regular meeting of the Butte County Board of Supervisors hold January 6, 1987, the Board of Supervisor's denied your appeal "t of the Butte County Advisory Agency "s decision to deny your 'tentative parcel map on AP#r 40,-49-7. It you should have any questions,concerning , this matter, please contact this office at your con nience, Very truly yours, William Chef Director of Public Works J n Mer)' onsa IA sstant Director JM/ jh CC_; 11 lanning trIvironmental. Health Clerk of the Board 6f Supervisors r' A & Q Engigoering, 1280 B, 90 Street, Chico; CA 95926 Plateau Associates, C/O Dan Hays Jr,, 9615 Cummings Road., Durham, CA 95985 John C, Gabrielli, p,0; Boy 1.000, Woodland, CA 95965 ,, yam• � N-..7 LA14D OF NATURAL WCAITH AND BtAUTY DEPARTM04T OF PUBLIC WORKS' WILLIAM (Bill) CHEF, Director 1 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965 Taloptibnot (916) 534.4681 RONALD D. PmELROY flC:6-pla11r4mgCOMM Dapufy Diract,3r December 29, 1986 DEC 1a 1986 _Orovilte, 'Callioraia Ret AP# 40-49-17 ustl Hays Ind. Sub b Parcel Ma F,a Box 3040 Y p Chico, CA 95926 Ooar Mr : Hays Please be advised that the Butte County Board'. of Supervisors has net a public hearing to hear your appeal of the Advisory Agency's denial of your tentative parcel map, AP# 40-49-1.7 on January 60 1987 at 2:30 p.m The meeting will be held in the board of Supervisor's Room, County k Administration Building 25 County Center Drive:, Oroville, CAN If you 6hould have any questions concerning this matter, please contact this office at your convenience. 'Very truly yours, William Wef•,f Director of Public Works Ihn Meeonszasistant Director JMIjh , cc: 'Planning Environmental Health Clerk of the Board of Supervisors A & Q Engineering Plateau Associat.os C/O Ilan Hays Jr. 9615 Cummitigs Road-, Durham, CA 9593$ John C. Gabriella, PA Box 1.000, Woodland, CA 95695 44, Ft S' TeterDe tlrtt6'1E{�°L¢ p �f nfa er®r:rdu TO, Advisory Agency FROM. Planning Department suaJEcYn Plateau Park, Tentative, Industrial Subdivision by Parcel Map, AP 40-13-22 DATE' September 19, 1986 In an effort to clarify our position on this project, this information is provided to supplement the letter of July 11 1986. CEQA requires that project g,u'nerated impacts not initially perceived or Adequately addressed be identified and, if possible, mitigated. The environmental documents prepared to date have not addressed the Alternative of evaporative sewage treatment ponds either,on or off site for the industrial subdivision or any of the acreage covered by the development agreement. In order to take a favorable action on the proposed subdivision by parcel. map, the environmental document would need to be amended as part of a revised application and recirculated to the State. Clearinghouse due to the involvement of the tegional Water Quality Control Board Recommended action: Amend this tentative map application to include the 40 acres off site, AP 40-1.3-38 (portion') and apply for a use permit within the 1) zone and amendment of the development agreement to allow evaporative sewage treatment ponds on 18 acres: Recommendations on tentative subdivision as of September 22, 1986;, 1 Consider co tinuance if applicant can provide sufficient reasons and assurance is given that the steps necessary to segregate 40 acres minimunfrom s4o)hdthe development. .agreement and apply lot aLe p�rmitwilloccuxwitin30daysor 2, Deny the tentative industrial subdivision by parcel map for Plateau Park (ban days), AP 40-13-22 finding that the subdivision as presently proposed can not provide on-site sewage disposal which complies with the Subdivision ordinance, the environmental documents prepared to date (November 15, 1982 initial study and November 9i 1983 initial study update) did not addretra sewage disposal except by septic tank-l.eachfield. systems, the developtj.�,+r agreement adopted by ordinance 2342 on March 151 1983 covered a specific geographic area and did 'not specifically address sewage disposal by evaporative treatment ponds either on or offsite, the acreage proposed for the treatment ponds has not been segregated by parcel map and has nota been included in the current Application except by disclosure at a continued public hearing of the Advisory Agency on June 16, 1986, finding also that the M=1 zoning district is silent regarding sewage treatment%evaporation ponds as a permitted use> and Sact3on 24=64 of the Zoning Ordinance states, in part; that "all uses of Land within a zoned district not specifically authorized or permitted s made a finding by the ttgulatioag eh p i d "j he Board of Supervisor on September 16) 1986thatevaporativesewago. treatment ponds were not an allowed use in the M=l (Light Industrial.) zone SASeIr cc Dan Raysi A & Q tfigind0ting Tiarvey WhIlact-Odunty Counsel. Tac F'1 anrii nth Commission FROM. Steve Streeter, Planning SUBJECT: Annual Review o+ Development Agreement on AM 40"49"10, 111 and 18 (Dan. Hays) , Fi l e 83--2- DA'TtZ" „. March 10, 1 186 This year ounsti.tutras the third annual review of they %object, development agreement. The original parcel numbers of AP 40-13"22, ;pry, and 24 were changed +ullowing recording f n tentative parcel map on April .fir, IY83 for Dais and Joan Nays; The memorandums from they f first and second annual reviews along with the Original development agreement for the subject property aro, attached. 1. The Planning Commission approved a nese; permit to allow the storage of inflammobles far Andrew Wood AP 40-49...08, on December 19, 1985. Since that parcel was once a part of A& OQ a-,241 it wa-1 approved svbJoct to tho applicable conditions of Ordinance 242, the Da4el opmont AgrQnmeynt adopted March 15, 103, for Ilan Hays, 2._ A tentati,vd Industrial Subdivision tap was sub,mitiod to the Coin ly in September `. 98S. The Plateau Park Industrial Subdivision wac considered by the Subdivision Committee on August 21, 1905. The item was placed on the Advisory Agency's agehda of V6bouary 10, 1986, but action on the item was continued to 'March ltd, 1986. Though the tontati: vo application has not c 1 oaowd with the Health Depar't'ment For saw yo disposal and water npp1'y, it was not owwary to put the item an the Advisory Agency agenda duty to e;rpirltion of timelines under the Califoroia Environmental Oua;Lity Act. The dOntinuanco was to allow the applicant to approach the Board of. Supervisors rugardi hq the 9o4rd4s approval or donial of 190 Act Asses%ment Aontls °for the construction of required project improvements. The. Advinn; y Agency took amboh on Nfarch 10 19Q6 to deny the loduttrial tubdivis,on application4 to The Board of 8uporvi sor w deW & the 'rEtjl. out for the Pl ak nou 00. Qtbssment district on North 41 1186, This Aa NsWent Kstr"ict would have issued 1915 Act assessment bonds with they G Uhty lending its credit rating It Collateral, We understand From Hark Kisco, project that the applicant now intands to pursue 1911 'Act Aasottmont hgrid, BCCOMMENDAT Ip1U: A. Note that the Planning Commission has conducted the annual review sof the Development Agreement and finds that there : have been no violations of the Developmeint'Agreoment to date. I any �!i<aeptions to the Development Agreement are proposed in they doming Year, the matter shall, be referred to the Board of Supervisars far termination or madif"iczztion praceedi ngtt pursuant to Fesol uti on 04-166) iProcedures for Development Agreements) SAS s 1 r At`I:a(--h ments: F=ebruary 227 19fl5 memorandum March _8, 1984memor,aandum Development Agreement March 1.5, 1983 Imacation exhibit AP Rage ca • Dan Hays •b 1 de`s=ego copy Of a� ementfOrthesubject Pe the Memorandum PtQ; t ►. Om Atlaced is a copy original Activit since lust_Year. Division of the public Department, there Dvis. of the subject Parcels. 1. According to the Buig p emits taken out for any have been no building p r n is County to subdivision map submitted Co the Count itibe W15 2. A tentative industrial eat to clearance from the :September 1983. The plateau Fark Industrial 5ubdivicsio The �nvironmenta� supply a disposal. from scheduled with thef�o� w6ter�`anppommanaeseWag P Health Department "approval of this rezone commented that "appat`elsih the area can be Herlti Division Previously. is noa guarantee that p A-2 and A -i0 to M-1) � Ctts and hardpan layers. developed on septic systems due to mini liial soil dap throughout the area.' , i `parcel at the sed ,subdivision involves Ai' 40":3-2 r t99 aid DuzhOM pent ►toad.. The propo Highway xa. in size from one acre to 6.25r�cseite.. northeast corner of the intcr3ectian of arccls are proposed roiosed use of a junk y' Nineteen Parcels acre parcel, indicates �i P 1 Agree and would not parcel 10, a ted Development Ag sueh a use is a violation of the adopted i be allocable, A copy of the te.ntiati ve map will be available f ° :review at t�1e March 7, 105 meeting• - Recommendation: review Of' Note that the P1annIng COMMisgion has conducted the annual l cationa for bC�%elopment Ag nnd, therefore, no v.i elation reeinznt and finds that "there have been no aP p ers nnrl no clave �.Opment as to of date, to 7, 1 i 5 of ttl. DEv�elcpmeut Agreement, acceptable so long as it adhere:i tee Fl. #Ind than: the �yt'orused subdivi"On is ii ex levelo do tet Urvelot�ment Agreeme1t• lftliexmaltberns}ialltba referredeto the thea r licantI ,i•oceedings Pursuant ment are regoevis by Ilia al Ci Bohta of Su�tervisors for tcrminat3.bn or mucl l ment !cation pro . � iacedtires for clevclopment ogreomentn Ito ResoJ�ution 84460 tp 5A5ilr Attachments: March 8 1�8�+ rietnotandum r l�)93 D0 -V 1ppi11P.nt Agreement March 1 �, iaocaton Exhibit ktesiiluGion 84--lfitl r DEVELOPMENT AGREEMENT THIS AGREEMENT is entered into this 1 day of ?Ranch 1983, bet ween DAN NAYS (hereinafter referred to as ("Property Owner") and the COUNTY OF BUTTRO a political sub)*vision, organized and existing under the laws, of the State of California (hereinafter referred to as "County"). RECITALS Thi8, Agreement is predicated upon the hollowing facts: l Government Code 5565864=45869.5 authorize the; County to enter into binding development: agreements with . persons. hawing legal, or equitable interests in real property' fore the development of such property; 2. Under S65865 the County ,has adopted rules and regtl- lat:ions establishing procedures and requirements for consider- ation of development agreements, 3e Property Owner has requested Lhe•County to consider entering into a development' agreement and proceeding, have been taken into accordance with the County's rules and 'regulations, 9. The Butte County Board of Supervisors has foundthat the development: agreements is consistent-, with the Butte County Gener,al Plan; and S. On March _ 15:. 1983: +rho nnAi" ! nF Citi,�.•..� ;.� f NOW4 THEREFQRE, the parties agree; 1. Definitions.. X41 this Agreement, unless the context otherwj.se requiresa (a) "County" is the County of Butte (b) "Project" is the development a P pprov�..yc1 by the County. (G) "Property Owner" means the person having a legal or equitable interest in the real propertY as described in Paragraph 2 and includes the Property OWner's successor in interest. (d)10Real Property" is the real property referred to in Paragraph 2 26, Description of Real Propel, The real property wh ' is the subject of this Agreement is describe,) in Lxhibib "A' attached hereto and incorporated herein by this reference. 3 Interest of property Owner. Property Owner represents that he has a legal interest in the real property and that al!. other persons holding legal or equitable interests in the property are to be bound by the aglreemen't 4 Binc ing Effect o.f Ag eement The burdens of this Agreement bind and the benefits of the Agreement inure to the successors in interest to the parties to it. S. Relati,onshio of Parties. Xtis understood that the contractual relationsh4p between t!-,e County' ind Property Owner is such that the owner is an independent cantt4deor and not the agent of the County r , l y 6. EiRct of Transfer of RealPt e ty to Another ?urisdiction* if all or a portion of the real property which is 3 � ' the :subject c+E thi,h ;Agreement is annexed to ��r otherwise becomes a part of a City or another County,, this Agreement terminates. 7. Specific Restrictions on Development of Real Property. - In addition to zoning classification, the following specific restrictions shall also govern the use of the proPerty; (A) Permitted uses are those permitted by the .M-1 zoning classification of the County of Butte as in existence on the date of this Development Agreement Oxcept: the pro- � perty shall not be used for any of the. following purposes M junk yardt 0") auto wrecking yard; (iii) a business engaged in the purchase, sale or storage of scrap metal except when condtated entirely within a building (iv) any residential use: to j' (v) industrial or manuf,,1, ,turing uses generating indust<'ria'l Waite n.��er t.�!„ '�",h the potehtial to contami- • l nate surface water or groundwater unless such contami- nation threat is mitigated to the satisfaction of the County Health Department and ,the State Regional Water Nallty Control Board; T (VO adult bookstores. (b) At no time duS ing the term of this Development Agree" invent shall any of :the types of uses of the property indi- cated below excek) the corresponding percentage of the total Aereage within the real property; der' t t , T UsQ�a requir:ing� a ers mit un he resent t M 1 zoning classification Uses under {t:e pr.eseht+ M--1 zoning classier fication, permuted withOut A ruse permit 11� Commercial users per itte:d under the present 36%C-1 or C-2 zoning ciassif. cap » sari oi3s included as an 3. catiog, of the' types of ` The foregoing _ g of uses 3ermitted end;-1--j not intended to eases ��Jnd mix in ieate 'rhe a cese permit Nfogld be re'Vired for any use s.nce the conditi,vnst herein impo eri and having teen ag reed ermit process* have superseded the necessity for the Use p Ac7c3itionally0 the Property Owner agrees that not less ` than 10 of each parcel within the Real Property s% all remain in open space. ` (c? be The maximum density or intensity .of use shallshall as' erre kted by the M- 1 zona.a�g class if ;3�ca1:ion and the P ter.; suUdvison regulations of the Gauntry on the date of this pevplopmaht„pgreement (a) The maximum height o£ any build .ng shah]. be 35 feet. 90,000 square (c) Thd maximum site of any building shall be nstruc axon Of improvemsn is to the p>ropert Y be corr�ti�ye�"=d as soon as purchaser and/ox tenants can wily 'riz ,w ; tru,cti n will be completed by December bra located 311 xm .xovement s �'�1 .ak.t „dies _ and Services, proper y • A c 8 : Pub 1 x c p .,..� ..--... �. • - , Ovide the fc��4,�wing p menu �� public improve Owner agrees to p -40b and .terv�'ces :.q» accepted landscaping standards' kor adjoining urban areas which shall include a landscaped area between Highway 99 and the property and landscaping of ,;not Tess than 1% of each parcel as it develops: (b) Property owner shall install and maintain in good condition landscaping of the portion.,, of the property re quired by Paragraplh 8(a)a said landscaping to be installed aeon each parcel at such time as the :Final 'Inspection on the first ',,.' ;ng in each parcel is performed, (c) ty Owner shall submI t drainage plans to Cal trans; and t he County Publicalovks Department, .in connection with each building permit and shall -...Include relocatlon of the drainage course traversing the portion of the property the east side of f ighway 09 at su,ck) time as .the fin.. inspection on the first building constructed on the .:ast side of Hiq.- hwF"'y 99 (d) Propetty Owner will install such.- drainaige facilities as shall be reasonably required icy -County or Caltrans pursuant to Paragraph 8(c) (e) All lighting installed upon ahY parcel si;all, be situated or shielded so as to minimize distraction to tipassing motorists on Highway 99 Any pond constructed on the property muse be <on- sty u, ted to meet the requirements of the Butte county j ' Mosquit,a t�batement bistritt. 1.:a eY►inc7 4nis are storedutside a. building theyIt any iA41 -14ill be StOY-14 ba sight obscurinq genre not less than six (6y feet . in height PQ Part Of which shall be erected with in�the road sethacic area. 'ed, approval from the (h) Before each parcel is P :d evelo ' County Envir 0,0merital Health, Department must be obtained • for sewage disj,tysal system and water supp Y Submit Plans to the County Fire Department for review ns At the time Of application fcxl ' each and-:recdmmendati-o of the, County Mit. , Meet the requirements building Per Pire Departmeni: jojf on site tire protection I measures Prior to final inspection on each parcel as it deVeloPd* (j) Im At the ti e each parcel 6ovelopse provide receptacles as needed for the disposal of hazardous chemical- and f an' I substancest 1 Meet the; requirements of the, ,utility companiest pG{fip, for fia.turdl, gas and,..-elect.r-ical service. Carate 4inly use not permltted w-ithout a USe PfIrmit � fic,htion on the date under the M -i zoning class,I 0& this 0evelopmelit Agreement a minim-ujil Of 600 feet from Peutz Road and 206 feet frOm Highway 90 ; tot from the (M) Locate access Points to Pe,ntz Road as interchange ramp) connections as is practical., (n,) Employ energy conservation measures per the provisions of the Uniform Ouilding Cbde- jjr tion with the 13utbe .que# in c0OtdI a Cofanty i Vublid Works oopartmoht# the establshment Y System), bug -�tOIP, y 4rea Transit SYe Dear the parcelsfor use by "Euture employees and patrons.' Public Works (p) Sub�hi,t � development plans to Butte Count y for review ands conditions for appropriate road sections. (q) Comply with applicable regulations of the Butte County Air Pollution Control District;. Comply with applicable regulat ldna of the State Regional Wafer Quality Control Board for disposal of °wastewater and hazardous wastes. es) Meet the r qui.rements of the UnxEorm Fire Code, 1-979 tion as administered by the Butte County Fire Department/ Califorrla department of forestry, g. Cffect of A regiment on L and 090 Rulnt ions,,,The rules, regulations and Official policiesgoverning permitted uses of the density of the real p ropertye. the design, improve- property, the y menFts and construction standards and specifications applicable to development of the real property are those r.ul.esb regulations and cfficial policies in force at the time of the execution of this i . t Agreement. ell, This Agreement does not prevent the Qodrnty in subsequent `ro erty from applying; new rules, r k actions. appiicable to the real p p regulations and policif3s which do not conflict with those rules, re ulat ons ana pc l cie;s applicable to property as set foi. in i; • Paragraph 7.i Thin Agreement does not !prevent the County from denying or conditionally approving any subsequent development E5 projectapplication on the basis of eUisting rules, regulations and policies z` " • i 10. Pei iodic Revicw of 'COOM- 11 ance .with Aix C • (a) The;County ,shall review this Agreement at least once i every twelve-cmanth nvtLod from the date this Agreement it e�eeuted. (b), During each periodic review by the County, the Property N,1 owner is requited to demonstrate goad faith compliance with ' the terms of the Agreement. The Property Owner agrees to furnish such evidence of good faith compliance as the County in ..he exert require. ,ise of its discretion may (c) During the periodic review ht the end of the Ninth year, the parties P shall consider an extension of the term Of this Development Agreement. ll, Amendment or Cancellation of Agteement._ This Agreement may be amended or ca,,cellr'd, In whole or. In part only , by mutual consent of the parties and in the manner provided for in Government Y Code §565868, 65867 and 65867.5. 149nforcement. unless Amended or cancelled as provided in Paragraph 14, this Agreement is enforceable by any party to it regardless of any change in the applicable general or specific plan, zoning, subdivision or building regulation'!- adopted by the County which alter or amend the rules, regulatif,0..6 or policies governing permitted uses of the land density, desigll Improvement and construction standards and specifications. i . Events. of Default. Property Owner Is Q,,° dafaul't under this ,Agreement upon the happening of one or more or, the following events or conditions: �8� t v (a) I a material warranty," representation '-or stz�tement i wade or Turn I shed ly property Owner, to the County contained in this Dav 'lopment Agr,r-",ment is false or proves to have been false in any, mater ial,, respect when it was made. (b)' A finding and ditermination by rhe County made following a periodic review under the procedure provided for in Govern- ment Code 565865.1 that upoq the basis of substantial evidence the Property Owner hat, vvft c�, ,Ol led In,good faith wi tb one or more; of the terns or conditions of this-Agreement. 14. lProcedure upon Default.,. (a) Upon the occurrence of an event of default, the County may terminate or modify this Agreement in accordance with the procedure adopted by the County,,, (b) County does not waive y c 6A'm or. defects in perfor +','ince by property owner impalted i�'� on periodic review the L.-cal agency does not pcopose to '�a-2dif,,, or terminate the at-eement No'n-pdrformance shall not be excused because of a fai ure of a third persons (d) That adoption of a law or other governmental activity "-along performance by the applicant unprofitable or more difficult or more expensive does not excuse the performar::ce. of the obligation by the Property Owner (p) Nondpetf'ormance shall be excused .only when it is prevented or delayed by acts of God or an emergency declared by the Ptesident or Governor. 15. Qa_ ma6es upon Te minatione'', 1ti1 no event shall Property Owner be entitled .to any damages', against County upon termination of. this Agreement for the reasons and pursuant: to the procedure set forth in Paragraphs; 13 and i4 16. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or rea sent by certified mail, postage p p id. Notices required to be �. given to County shall be addressed as follows: County of Butte 25 County Center Drive Oroville, California 95965 Notices required to be given to 'property Owner shall be addressed as folldwO: Dan Hays P. o, Boat 3040 Chico, California- 95927 A. party may change the address by giving notice in writing to the either party and thereafter notices shall toe addressed and transmitted to the new address. 17, itu'1es of Construction and Miscellaneous Terms. (aa' The singular inc'ludeu the plurail; the masculine gender includes the feminine; "shall,+' is mandatory, ` "may" is permi'ss ive (b) If a part of this Agreement in held to be ihvallU, the remainder of the Agreement is not affected: (c) If there is more than one signer of this Agreement their obligations are joint and several. 9 : E i ord" No. 2-123393 r' it yinIT A ." The land referred to herein is described as follows All that certain real property situate in the County of Butte, State of California,, described herein; PARCEL A; �j BEGINNING ata concrete monument where the line bewween'the properties of the Chas. F. Lott Land 'Coy, and the :Leland Stanford Junior university intersects the Easterly line of the Rancho Esquon which line for the 'purpose of this descriptloa,will be considered `as'bearing North 400 21' West; •tweii6iz along the 'linb between -the Lott and Stanford properties South 890 49 1/21 West, 1.999.4 feet to•a point in the center of the County -Road from Chico to Oroville as said 'road was located prior to Janizary , 19 1921; thencealong said South road as the same"Oas Located prior to ,January 1, 1921•, South 520 32' East 4336.5'feet';rthence South 690 594 East 932.9 reet s thence South, 410 .28-' East 222642`' feint to the paint of 4hterseetion of the s4id County Road with the .County goad leading to Cherokee; thence along said Cherokee'Road North 880'.381 East 982.0 "feet' U a concrete monument on the. Easterly line, of, the Rancho Esquon being the Northwest corner of fractional Srctionr36, Township 21 North, Ranke 2 Eas.tp�M.D.H. & M.;, thence North 400 211 West 3697.7 feet along said .tea •1 . � Rancho.]; ne to the point of beginning. n ... ..... EXCEPTING THEREFROM a strip of land 80 feet w4de ;ft.'s described it! a Deed from William M. Bradshaw, at ux, to Mabel Claire Safford -dated February 50 1941 :and recorded February 6, 19411, .0 Book 258' of Butte County Off i- dial Records, at page 241 r , PARCEL Lot Numbered` 3 of -the Southeast quarter of Section 26a �ot�ridhip 2i North, ,Range 2 East,. M.D.B« '& M. : :.0 tp . • ^ • , : . y portion thereof E� FP • StdC T..C..�I'i.0�i, said pa"rC�ls � and 8 i« any' , as contained "in Deed frord •El,lwood Oeison Br'afthaw,. at ux, to State' of Cal: �i.fornia said Deed elated June 12, 1951 and recorded October 4, 1951, in Book 60�► or Butte County Official Records, at page 277; ALSO E 'T'T.NG those parcels °described in -the Deed to State of California,' . recorded auly 1,W 1974 in Book 1924 of Cificya3 k�acords at laaQe' 411. • . - '�'. 1 ` 1 e ALSO EXCZPTING pa o r J r r. eed to the County of Buttdo tdddeded Se�ptemberal7, 1970inBook 1634 ofr. bfUcial. Recouds, at page 2194 +. it C Inter -Departmental �l�le Uhl To Planning Commission Fn0M: Steve Streeter, Planning SUBJECT, Annual Review of Development Agreement on AP 40-13-22 (Dan Hay:) DAM Marr;,h 8, 1984 Attached is a copy of the Development Agreement for property, located on both sides of State Highway 99 at the Durham-Oroville Highway/Peutz Road interchange, identified as AP 40-13-220 23 and 24, southeast of Chico. The agreement applies to 82.6 acres under the ownership.of Dan Hays. The Board of Supervisors adopted Ordinance_No. 2342, approving the Development Agreement on March 15, 1983 and the Ordinance took effect on April 14, 1985i This agreement is in force through March 15,, 1993 with provisions for an annual review by the Planning Commission. No construction has occurred on the subject property to date. The only activity in the past year occurred in June 1993 When there was a proposal to construct an arena/amphitheater on the 57 acre parcel identified as AP 40-13-221, Though build;ing and grading plans were submitted to the County Building Department for plan checking, no building permit applications Iwere actually applied for. The applicant paid the appropriate plan checking foes, but did not pursue the project through to completion. Consideration had been given to holding the Beach Boys' Concert on a portion of the 57 acre -site. However, after"consultation with local and state agency representatives, it was decided the concerns with traffic And other matters would make such a concert difficult to hold at that location. Eventually, the concert was scheduled at the University Stadium of CSU, Chico in July 1983. Also in July 1983, the Board of Supervisors determined that the proposed a=mphitheater is an allowed use within the M-1 toning district, but is still subject to the requirements or restrictions of the Development Agreement. The area devoted to the amphi�� theater incl required accessory use must be located within the commercial zone percent=ages4 the annual 'review m by the Comission Ve will n MarC��1I�the �p 1.94 If applicant p ican i os able to appears, you will be able to det�otltii.ne more clearly how the Development Agreement relates to future p=lans of the applicant for the su,b-ect property. SASilkt Iz- i rr i:� .' tr. •R«�. �.J i yi ��. /.r•-•.""�" �` ter,'• y I) ...i•""` d Ir �y�/./�dt ! �1 i• \ ,� a , N ,'il. � f1• �` , `R l 100 ' �',t � ' � � r ° w 1 \ �/. /� �.•� d I�,""� � L \ , ' ! t Y=•' n'' ~^':il 1 � s `ra , 1 1 ;,, �. � (; �J n.. fie. , ,4\•.. f , � ` � ♦ \ • • I' j ' •, L 'v JSa� /' �..\ ( �( ti� S _� ; j '�,� a... � ; ,• .. x r , � ; i 111, 1 i � _ hh �.. �h•' 1 • 7 , ..�. y � ti f �" 1. G, , 8i•�, 1R -1�. ..� IL qty r r,SL ,'�51 L .5 �, "L'1 _• V�\./ I PROJ�CT'�SI7' • � r 1 JAI , •« �,, �.., 1. '... S _ t � o ✓ , -t\GoA r z . Wil SA ,. , i F f •'d LJ4LL F~Iii \ '1� rt r I r, t ',Fiurie ' • . I• r✓ L > Portibn o� 11�illl C' il��ufZltyan''r it t. CCC1i r' Na.. BUTTE. -COUNTY' PLANNING_ COMMISSION NEARING 'DATES' ��.� /��'r 46 APPLICANT= . �Of OV6INER= mom REQUEST EXISTING _ZONES SCALE 40-49 23 24--, R6 2, • 1: 86AC 20 2.10AQ r,�r(i00 51.66AC .: 163.03 AC ol 1 11 a OOAc '"Aif ` E KEE NN CT r'ORS78-16CM; C.F.C.LOTT RAMCN' ' ' R .L Al�s s yob© OYAC }Mh h ` 10 ,. tip• �a 9.03AC s� y in ��39 �zya �S► 9Z-64 '� aar3 l8 mlS. OAC, 92--64 AAUQER _ CT Assessors Awp No. 40-49 Count, of 6u1le, calif, ,. 9ks 8a Pg' 24 184 z�9 Inter-Departmen al. 'Memoratidum TO., tutte County Advisory Agency FROM. Planning Director SUBJEEtr. r" Report on Tentative Subdivision .Map of Plateau Park (Dy Hays), on AP 40-13-22 oare; .January 29, 1986 This is a proposal to divide 52.11 acres to create 19 parcels. The present zoning is M-1 (Light Industrial) with a Development Agreement. The Land Use. Plan Mr -p of the Butte County General Plan designates this Industrial, There are no specific or community plans for the area. The `proposal,,does not conflict with County zoning :nor any adopted or pro,r�sed element of the Butte County General, Plan nor any County, specific plan: As the Ccubtyks lcnd agency under CEQA a denial is recommended. Government Code Section 22110:z fwjt-00•{shns time lines within which to approve or deny projects. The time lines hav,;. been exhausted. Health clearance has not been secured. Recommend denial: LMT:1r Inter pDepartn�'nta%Vlem®r�du TO, Advisory Agency c FROM, Laura Tuttle, 'Planning Assist,in SUBJECTPlateau Park Industrial Subdivision (Dan Hays) AP 40-13-22 OATU November 9, 1983 Staff , ompleted an initial study of potential envirermental impact,, when the subject property was rezoned. ,(:front A-2 and A-40 to M-1. The rezone covered three parcels encompassing + 82 aches'. Before us is a Tentative Subdivision Map on the largest original parcel, + 57 acres. Since the initial study was written, no new improvements have been constructed (buildings, roads, etc.) and the surrounding land uses 're;kInin unchanged The earl.ipr initial al study remains comple wel's ac -curate and is sufficient deration of this impacts identified by the initial study are addressed and mitigated, inasmuch as possible, by the development agree;t ent entered into 'ley Butte County and Dan. mays on March 1.5, 1983 (copy attached). LT: l h't Attachment CC., Dari Hays JIF 4U -13-4Z Page 2 November 9, 1083 # in margin xefexs to initi,a.l study, . # in parenthesis development agreement. relates to Comments lb: Landscaping requirement 8(a) and Open Space 7(b) address the impact lo,,g: No mitagata.on measure proposed" 2a: Minimize line sources by diligently pursuing the potential establishment of bus stop locations near the parcel 8(0). Point Control Boaxdr sourtes of aiPollution will he controlled by (8q) Air Pol;'lutioli 3b,c: Landscaping and open space requirement will allow partial absorption of precipitation (7b, 8a) Constructed dvaina<,,ve i?n-- I'rovements on and off-site will be adequately sized to accommodate all surface water runoff and approved by Butte county Public Works and Caltrans (8c,d), 3f: Disposal of wastewater, hazardous wastes and discharge into surface water will be strictly controlled by the State Regional Water Quality Control Board. (8x) 3h: A high groundwater condition exists on-site. nnvixonmental .I-Iealth clearance will be necessary prior to any development of septic- systems to insure groundwater is not adversely affected. 31: Staff recommends building structures to be located above the high water "nark of the drainage to avoid potential problems 4 Landscaping and open space requirements (7b, 8a) are the only mitigation measures which address themselves to a general loss of vegetation, ag hand,, introduction of any new species or possible barriers to the replenishment of existing species an -site. 6 To offset noise impacts 7(b) allows for no more than 431 of the site to be developed, with uses requiring a Use Permit und(:r minimum of g cl`�ss►i�catioly and those uses are to be located a mi t]ic nim ton'ng foot from Pentz Road and 200 feet from. Highway 9q, 8 (l) lighting installed upon an parcel, sha:l. � 7. Light and glare will be enerated where none now exists, All y p 1 be situated or shielded $o as to minimize distraction to passing mot 9 (e) orists on Highway 99, 4 minimze 8 Land useconcerns and conflicts a ,re to bleementisectons through compliance, xqath the foiloi�ring development ag 7(b) 8(e) 9 paragraph 2 7(e) Applicant and subsequent 'builders are required to employ 9a: App p revisions of- the Unif Orin enemy conservation. measures per the p Building Code. 8(n) vent in in:dustiial land uses allowed .._rider the M-1L11zoningsclassification. sections 3 (m , 8 a , lQ : Risk of d7.x,n and storage of. materials for Wider 8 (r) 8 (s) speak towards handling accident prevention- 1� lio mitigation measure proposed. f- Butte to assess 13 A traffic study was conductendf �i �ravements necessary to insure traffic generation, destination a I . traffic Capacity on Fentz .and f4'ighway 99. Applicant is required to locate access points to pentz Road ander from the interchange ram connects -bus as Stop I)ractx.ca'Locations near the g' pursue potential r,stablI shay r of I parcels : 8 (o) Caltrans has recommended a ;future left -turn pocket on Pontz Road. into the business park Road,ltoproj ButtetCollegec causes delay for eastbound traffic (correspondence of T` 18%18%83), l4Vire p ` rotection is required ed on- site • 8(i), 8(s) s IS: Energy usage associated with the project will be undeniably hhighand. only partially offset by sections 8(11), 8( 0) 0 eater dy ai;nage facilities will be constructed as appl'oved utOrm 1 by Butte County PublicIqork�� and Caltrans., 8(c): $ aesthetically of C�;nsive uses are allo��ed under outdoor sile crap metal 19 No , agreement (ie: junk yard, auto tageScenicyv is, will be forever m� piles aired, no mitigation measurehasbeen proposed 1� LT *. lkt APp:E , i ENVIRONMENTAL LB;ROICU ST FORM ("! q be compl.etecl b, Le: d :agency) ARD Log 82--10-06-6 I BACKGROUND 1. Naive of ptoponent �,= 2 : Addres s and Phone NuniF, —" o �, roponent ; 0,, Bfl�c .304a Eat Nelson F, Assoc. ..�_ 30 Wall Street Suite 6 Chico, .CA 95927 Chico CA 95926 3, Date of Checklist StiOm�,ttEd_ a. 4. Agency Requiring Chi-,Alist' 5 Name of Propos., 1'' npplca a Rezone from A-'l A-40 to IT. ENVIRONMENTAL Tt�}'ACTSr� eS,� ;end "maybe" answers are required (Explanations of al'. yes" on attached sheets.) YES MkYBE NO 1. Earth. 14,11 theP" �,oP g osal. result in si nificant . a. Unstable earth conditions or in changes in geologic szIbsttuctures^s.,. Disrtiptians , d1splac�ements com- b. �• pactxon or OVe,'co�Terinc of the soil? ' C, Change in toll or l a`:ph,1' or ground sur face relief cat1"�re8 or removal of GrN topsoil! .- d. Destruct3.on, coverin" or m'odifca g' tion. of any unique geo109 c or. ; physical features? e 'increase' in Vd d or. Water erosion of soils, either on or off the site? f, Changes in deposition or erosion of beach sande, or changes in silta- tion, deposition or erasion which y may modify t,,he channel of a river or stream or the bed of the r rean or any bay, in or hake? g: Loss of prime agriculturally Pro- ductive soils outside designated C• tirbsn areas? . Apoendix_�ge ]: of 5. Animal Life. I -Till the proposal result n—substantial : a. Change .in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles; fish and shell- fish, benthic organisms, insects or microfauna) b. Reduction of the numbers of any unique, rare or endangered species of animals? ci Introduction of neva species of, animals into an area, or result in a barrier to the.migrati6n or movement o£ animals? d, Reduction o£, encroachment upon, or deterioration to existing f ih or wildlife habitat! V Appendix F page 3 of 9 YES M YBE NO i Reduction. In then1riunt of water otherwise available for public water supplies? j . Expos.ure oP, people or property to'water related hazards such as flooding? 4 . , Plant": L7.fe . Will the proposal result subs tant'ial ; - a, Loss of ,vegetation or change lin the diversity of species `b number of any species 'of .plants ,(including trees, shrubs, grass,; crops, microflora and aquatic plants)?. b. Reduction of the numbers of, at unique, rare or endangered species of plants? c. Introduction of neva species of plants into an area, or in a, barrier to the normal replenishment of existing specie,,? C- d, Reduction in acreage of any agri- cultural crop? 5. Animal Life. I -Till the proposal result n—substantial : a. Change .in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles; fish and shell- fish, benthic organisms, insects or microfauna) b. Reduction of the numbers of any unique, rare or endangered species of animals? ci Introduction of neva species of, animals into an area, or result in a barrier to the.migrati6n or movement o£ animals? d, Reduction o£, encroachment upon, or deterioration to existing f ih or wildlife habitat! V Appendix F page 3 of 9 :4 Increases `in :noise lovels? ! . b., Exposure, of" peop a to,, severe .noisy levels? i 7. Light and Glare, Will ,the proposal px--puce i=icant,;l.ight or., filar -a? 8. Land. Use., Will- the proposal result in a significant; a. Alteration. of th' �;,p.lanried !.arid use -of an areao.'or es,L-ab.l,iah a trend tahich will demonstrably lead to such alteration? \' b, Conflict, with uses -on, adjoining ng properties r conflict with established,recreational, educa- tional, religious or scientific uses of an area? 9, Natural. Resources. Will the proposal result in substantial: a. Demand for, or increase in the rate of use of any natural resources? b. Depletion. of any nonrenewable natural resource'? 1p. Risk of U_�se Doe's the proposal involve a risk of an ehplosion or the -release. of hazardous substances (including, but not limited to, oil; pesticides, chemicals or radiation) in the el ant of an accident or upset conditio•a s'1 11. population, 143111 the py;oposral significantly alter t,ho location, distribution, density; or growth rate of the human pop,61at on of an area or t htisid&ll.y divide an establis'lEiecl tommt pity liou-Sin' , W.3.11 the proposal s�` ni- cantly affect existing housing, .or create a demand for additional housng2 0 + a`YES MAYBE: i NO _ I h. / Exposure'`of `people or 'property to .geologic hazards such as earthquakes, lAndslides; mudslides, ground failure or s " imil.ar hizards?• " _. 2 Air. Will the 'proposal result ,in: a. `Subs'tanti'al ildetetora tion o3:'° ambient or Local air quality? b.' The creation DE obj ecaionable odors, smoke or fumes?' C. Significant alteration of air movement,' moisture or temperature, or any change.in ,climate, either locally or regionally? 3. 'Vater; Vill the pt6p6sal result in substantial,: a: Changes in currents, or the course Olt direction of water movements? b� Changes in absorption rates, drainage pat -.'-erns, or the rate and 4mount of surface water runoff? ;.. Need for off-site surface drainage improve*,dents, including vegetation, removals channelization or culvert nstallation? � a. AltotAtions to the course or floti of flood _waters? _ ,r e � Change +amount of surface g eoater i' 7 1aterein�Any body? e f, Litcharge into surface waters; or in any alteration of au.rface venter quality, including but riot ,limited to temperature, d ssol.vad oxygen or turbidity? ; g, Alteration of the direction or rate of flow of g oubd waters? ho Change lin-quality ofg o�nd wates eitler trough diroct additions or w thdratrals, or through -interception of an aqw,, fer by cubs or excavations? w Appendix F u pkigo 2 of 5 YES MAYBE 110- 13. Trams`.partat .on/.Circulationthe J proposal res'.ul in: aY Generation of. substantial additional ` vehicular movement? i gnifant ;effects on, 'existing parkingfacilities, or demand for new parking? Substantial _impact upon existing, transportation . sys`tdt;,? dY Significant, Alteration- to present patterns of circulation or movement of people and/or goods?. _ e. etraffic?tor waterborne; rail or air f, Increase in traffic'hAtards to motor `vehicles, bicyclists or pedestrians? , 14. Public Services. Will the proposal have an erect upon, or result in a 'substantial need for new or, altered governmental services in any-of the followingareas: a. Fire protection? 'b. Police protection?, _ c: Schools �` d: Parks or other recreational facilities?+ e: Maintenance of public facilities, including roads? f: Other gove,.nmental services? C, 15. Energy. W21.11 the proposal result in a: Use of ;substantial amounts of fuel or energy? b . Substantial increase in demand upon existing sources of energy; or requite the development of Meta sources of energy,? i ` YES MAYBE NO 15. Utilities. tWill,the"proposal`result -r- .y . r 'sub in a'nee 0-r; s �� onew .. .stems J ' -stantial. alterations to the following utilaies : .:; „u a. Poi.*.er 'Or naturah Cas'? b. Gammunications systems? c. 1,'Tater? d.. Sewer (dill, trunk line be txtended, providing capacity to serve new development)!, a. Storm water drainages 17. Human 'Health. 1,711 the proposal result in: Ai Creation of any health hazard or Potential health haz-ard (excluding mental health) b . Exposure of people to potential_, health. hazards . 18. SolidWaste., Will. the proposal result in any significant impacts assotiated with solid waste distnosal or litter control? 19. Aesthetics. 14111 the proposal result In t e o istrucrion of any pub i is designated or recognized scenic vista open to the public, or will the proposal result in the czea:tion of all aesthetically offensive site open to public, view? y 20. Recreation, dill tale n,tcposal result in an impact upon the.quality or quantity of existing public recrea- tion facilities r� 21.. Archeolo ica.l Historical. , Will the Y propose: resin. Ln aii arteration of a significant archeological or 1113"-st6tidal site y s,ttuctitre, object or building? } f V' c FS MAYBE NO 22. Mandatory Findings of Significance. A. Does the project have the"potential to degrade the quality of the environment, substantially reduce the habitat of'a fish or wildlife species, cause a. fish or wildlife population to drop below self - a- susGaining levels, threaten to e a animal com- munit reduceantoz c the number or, restrict 141 the range of a. rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehls,tory^ b. Does the project have "the potential to achieve short term benefits to the detriment of publicly adopted long-term; environmental goals? _ c. Does the project have impacts which w are individually limited, but cumulatively considerable! (a project MAY impact on two or more separate resources where the impact`on each resource is relatively small, but where the effect of the total of those impacts on the Tenvironment is significant.) d. Does the project have environmental effects which will cause substantial adversetheredirectiy or indirectlyS� , LCOxU,E Uug1,140d • .r ' i ti,, f j t.• •r!J,,t. r!i, �•� / KMS. } sla `•\'. •,`^--^ i J `•. oil ^ �o ♦ F 1s r ? t♦ ,.\ , �t Y.• e. � 2 Ij S , Zb31'0j(`3 d 4 " / � ' � � �� ora ,. �'^"" t r • ��+x/7 +t .\ ••ti`s\ • � • fl �0 .I •.r,� •* � Q � •�,*� � ~ f �' ;`s i' SS �A• " rj/� ` •i •t r ..0 } �, F% f '' 4t�� f'zF ..'fir - d t ` `•. l ,4 .r'"f+ ,. {: j l i• i t n /r t ��F ,ti l �= S •'t . '.Av � !x+!, f d i "w a .,ffv �� •N • /tet 1C y .. � • �k,� A` T� t Kr'^\} ' -...,w 1r•�` Ik.".�' � � � ♦ ♦r • f ,�Fa � } �� : �,A, L � t •.i 1�� a'' ]K t . 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APs*�� 1 +,` '.t •8 i' tri �'J CiZ i r+ r d3N Jif ., oil + ;, :. ter' :- r° �'dd'- .. _ .rte•,. .;int• ��-/,,�^� ;f�'r!• �'� � �aK�' � � ,, �.r�/ t, �' .\ �..♦ ,,.�,4. „"" 1 �/• py y w •at •. , +l` + r<-•.. �,+AJ • 't � � S . � d .,�..,.,„, .` ♦ — , r � ✓ � C J ,, F z f � ,, � + Ire t r ,� M r ��) I �v � �L s ry _ �,•� 8 ( ��\ r t 4'^r• �; si :[ f f "...` +, .�„" / ('"r ��v� ;/ -.. :•c +. ,�� r J✓ f °r• ��r—ter+ r�� ,i� �y �♦♦� /)(^'�\� ` „� t~ 1 �—' ^t:+ s'.•-!. A-..'/�':i 1 � r ' I'i : r t ♦ � 1 . _ Y •` fi �A � • .• � t � � t ,1y,/ �,t r�F •" � ^ tr,' / /j/%i.A 11.: OCJ tj�^ fiJ ILI �� !� a a � �, ,�; � �, tC� � ! � a ii , •^t�, ti! e � • . , 1 ^ � � rr� � , {�Ajl, nfR~ , " 7 t Z. !� � �,-.. 4% �, }.y � •,f � ^r..ti ♦j "`` 'r�� * �� tF� d� •� �!' j( �A"'„'•+• ��1 111. !DISCUSSION OF,; EN3IIRONMENlAL EVALUATION `'' Project De_s_cri ,tp ian 1 Type of'Project: General Plan .Amendment $ Rezone 2. Brief Description:, General,Plan Amendment from Grazing & Open Land to Industrial; Rezone from ,A-2 A-40 too 14i-1 '(Light Industrial) for 82.6 acres. a. Location: East and ivest sides of State, Highway 99, north and south 'o£ DurhamOroville highway and Pentz"Road Butte College/Durham interchange, 7 miles southeast of Chico. Portion of.Section 26, T.2.1N.9 R.2E.,I� I.B.M.; Porti' 'of "Rancho Esquoro . 4. Proposed Density of Development: 'Unkno'wn at`pres'ent 5. Amount of Impervious Surfacing: UnknoWh at present 6 Access and Nearest Public Road(s): Durham Peutz'Road'and for, parcels Highway 99 for parcels 1 & 2-; Orovifle Chico Highway, Durham Dayton. Highway 99 for parcel 3. 7. Method of Sewage Disposal: Individual septi: systems S. Source of Yater Supply: Individual wells '09. Pr.oximity of Power Lines: Adjacent to ail parcels �. Potential for further Land divisions and development. Light and highway commercial uses are planned by the applicantl Environmental Setting Physical Environment. 1. Terrain a. General Topographic Character: Gently sloping valley land at the base of the Sierra foothills. b. Slopes: O -St range, to the south and west. C. Elevation. 170-190 feet above sea level d. LimitiFacfor s°,'Topographyalong drainage svales particularly parcel 2. Soils a, Types and Characteristics: Tuscan, Pentz 4 Peters soil series; soil depth of S-24 inches +1 surface soil of cobbly loam, ; sandy loam, clay•, subsoil of cobbly clays sandy loam; andestic tuff and basic alluvium origin; high range use suitab'ili'ty for Pentz and Peters soil series, b Limiting Faciors: Slow to moderate permeability gravel, , cobbles or stones make up 20% or 'More of soil's Volume. 3. Natural Hazards of the Land a Earthquake Zone moderate Pa.rthgtia'ke intensity %.one VII T fault of unknown activity 2 miles to east. • Appendix P - page 8 of y , DrSCiJ55ION OF ENVIRONMENTAL', FVALUATTON'',(cai • a /rr DI,SCUSS'!QR OF ENVIRONMENTAL EVALUATION (continued)' 15. Character of, Site and .Area: Open land surrounding Highway 99 interchange, Some industrial uses . rScrap m�:tal,. etc . :16. NearestUrban. Area: Chico, 7+ miles to northwest. • District.,y Abatement 17. Relevant Spheres of Influence: Butte Count No 18. Fire Protection Service: Nearest County (State) � VeFir e Station (#45) . a. Dunt State Fixe Station: Durham Fir 19. Schools -gin Ar• ( ); b, Water Availability: ea: Duxiam 4 miles, to jest Bunte Go llee 4 m n g, ( files to east.)` Summary A brief history of the study area reveals, the fo'llowing': When the State of California 'purchased land in the,area.for.;the P4 rposes .of constructing Highway 991r they used: 'what 'they reqiAred and they gave Mack the remnants that they did not use to the original land owners. The new and, old highways (99E F Oro -Chico Highway) separated many of these pieces of 'land into natural parcels, which `were given individual parcel numbers even though technically they were the same parcel. Since the State said that they would not initiate parcel, map proceedings in this, are&, the Butte County Planning Department indicated.that the only way to separate thuse pieces of land for some future use would-be to parcel map, then rezone and then apply for some use based on the proposed zoning. This step by step process involves some important land use decisions along the way, A parcel map application was submitted in May 1979 for these parcels, �ttrteheas not been heard as yet by the Advisory Agency, The creation parcels .from land which is separated by the roadways and has already 'been given three parcel ni#mbers would help eliminate confusion. One new parcel would 'become available to develop along the east side of the freeway._in,the sensitive botanical area; how ever adopted goals would seem to indicate that any development would need to, be carefully controlled in this area. Appendix F page 8b of 9 11 DISCUSSION OF ENVIRONMENTAL EVALUATION (continued) The environmental impacts fall into four main categories. The aesthetic impacts, the increased traffic, drainage runoff generated. and the conversion of 82.6 acres of open land to light industrial/commercial uses a,re primary considerations.° lb, 3b: Development on 82.6 acres of land zoned K-1 will potentially result in significant coverage and compaction of the three parcels with I building-s, storage areas, parking lots and access roads. At build out, it is possible that 40 :to as much'as 60 :or more acres' could be covered wit"h impervious suxfaces. The amount of surfsce water runoff can 'be' increased by as much as, 39.cub3;c feet per second as a result of complete development oA�the subject property` VRe double-box culvert beneath Durham Peretz. Road, between parcels l and �. 2, may be of insufficient' size once parcoJ 2 were fully:de'valoped.. Since drainage from the easterly portion of-e project site wouldflow beneath highway 99 across land to the west of Highway99, Caltran'8 will need to review present and subsequent stages of this project. lc: The amount of cut and fill may be considerable at 'specific locations. Undergrounaing of part, of the drainage, particularly on parcel 2, will involve topographic changes, le. Though the erosion potential is sli hty de velopment p7actaces to minimize erosion are recommended. l 4d: This property is considered marginal favinin land. Mogi g _ � g e�rer, 'it has good potential for grazing land as evidenced by the use o.£ the land to the north and east for grazing; of cattle,The hcknight:anch, consisting of 6,8`34 acres to the north and east, is land under the Williamson Acct which is devoted to cattle grazing, Their land is c1.a.ssified as non-prime. The Adam's EsgUon Ranch, a rice t opora.on of 6, 764 acres, lies to the southwest of parcel s. This land is also under the Williamson Act: Land to the south of parcel 3 is devoted to sheep grazing: This site represents about 0.03 percent of the grazing.and (82.6 Of 295,000 acres) in the County at present. Bob Willoughby of the Farm Advisor's off-lce indicates that the land could support catti.e grazing for sic months from November to May. The land wout! provide 6 months of feed without, much supplement, especially with early rains: One head of cattle would need 8 to 10 acres of land for ;grazing; without supplemct, under the given conditions. The cumulative reduction of available graza,ng land in the County is a ebttetn for land Which is Classified non-prime. Appen* p = page 8c of 0` I DISCUSSION' OP �tNVIAOA!EiNTAL EVAtUM;1 (contir u.ea) 1h: Th additioh rto the geologic !hazards`pose" bypotential' earthquakes, the �expan's�ve nature of` the soil shouJ.d, be' taken 'into account for structural and` foundation. -design,, adverse'lheaffect�airne wouldi `1otq some industry al 'us"es Wh ch could_ Adversely quaw Odor and' dust cou'1 � be a4 p) of lem with, soiite allowed uses al hfr -' h a'rise permit is," needed 'for uses ` tshidli nil ght be: 'ob j ectiwiabl . due oto'' 0fft:, .' I-Ve ' �od`or smo'ke,'' or dust. A decrease in local air quality 11'111 �Jso occur from the ,increased traffic gena7,ra`ted by uses vhxth co` il(!% be established fQllowi ng the rezone. 3c, 16e :'itlAjor affsiite drainage Ympro'vements 'may ,be necessary to convey surface Wat+rsr runoff to a natural water course, f►amlin Slough would, eventuaS,'ly rece .ve ah`y runoff A fluine, which eventually 'connect , `.1;o ,Hamlin kough,� is located ,l utile + tri the southwest. Un'dergrol nding this `section of the off=s'ite'�raixiage Y a type o p . ma be required due to the t f rnject involved,. 3f Some petroleum products, as well as various chemicals, will be wa shed into the drainage pattern and discharged with the runoff.. 3h: The Envxronmel'ital Health Department commented that '!approval of this rezone is ;riot a guarantee that parcels in the area can be developed p septic, s- steins dine to minimal soil depths and hardpan layers throughouttheyar�ea". A high gtoundwater Condit on is evident 'a It parcel3; 'water Was evident within 1 foot of' the ground surface on thej da.�,. of the field trip. About one dozen sc;iil de-Pth tests or wells havo been excavatedon parcel 1. Some o.l; the depth test holes showed evidence of a high groundwater Gond Uon. Water occurred at 9 to 10 feet in depth in one of the wells C%ft parcel 1. More tests are needed on parcel 2 An old well shaft;, from the prior homesite' is covered over on parcel '2o mark of the dra;Ln�l e through d be located 'above the high water ,3 ' . Bui:l.din i rticgtures ` should 1. g s �. arcels I and 2 to avoid potential problems 4a,b,c: An industrial land use designation was shown for the area bf parcels 1 and 2 in the original Land Use Plait that was drafted or no71. valuehasda.�xicultural landhawas �unattt tiftio ractive that the land had little ractive to residential developers and was located an a major transportation corridor with , a freeway offramp. The locati6ft of tfie Peutz Vernal Pouls area was Appendix'P page 8d of 9 I 1 DISCUSSION OF ENVIRONMENTAL EVALUATION,Ccontifnued) appa,rehtly not taken' :into "consideration at this dime; rior iq' asc the aesthetic beauty of. the notinta;�ris' 'to the east. " Iii the reviised Land Use El'errant (August 1978 IDraf e Verift dI' Pool`area is `descri46&,!. "This area includes a large 5verna.l pc,ol known locally as "the Pentz Pond::.. This pool is one of the few large enough, and with appropriate microtopographic requi'reinen, ts to, support. the rare grats,, (arcuttia tenuis) Other ' d1stinctive, verxial pool endemics inclM(1e' Tricolored ,ioF R Plower (Mimulus tricolor) , various Quill worts (Isoete�s F spp. ) Dowhing as (Doivn ngia sp2 and the vernal pool fern (Pilularia americana), Over 200 'vasculax" plants are found' 'ih, the 'area 75 +chic} 85% are nativeiit The Pentz Vernal Pools axe''not' Located within this piroject 'bo'undary. A bbtanical survey was done in' Julie 109 as `per` the attached !otter. Jim Jokerst of the Native Plant Society has looked at the project site �- recently. He has determined, 'inconsultation with another botanist, that there are no rare or endangered plants o:i the project site Axid that the`Pentz Vernal Pobl;s will not be affected by development on the subject property, Refer to attached letter dated April: 61 `x,981. 5d: Grassland habitat for wildlife of the Lower Sonoran Life some will be reducedz . 6a,bi An increase in noise levels is anticipated for uses in the m-1 zone. Uses which may `be objectionable due to noise are subject to a use permit, procedure. Other noise will be assod.ated with Vehicular traffic; on the access roads and. on Highway 99. A noise level of 70 decibels can be dkpected within 100 foetof Highway 99. Sound attenuation measiures are recommended for buil ding structures near'.Iughway 99 or near anothEr light industrial/commercial use which generates Considerable noise. 7 s A nets area of light and potential glare would be- tt6wtrd. 8a,b; The Butte County Genera. Plan classifies this area as Grazing and rOpen Land (40 acrnimum parcel size) . Th�� proposal would p represent anextension'o fthe Industrial for land to j the northwest of parcel 3. `The subsequvti�,. Caning p oposal. of .M-1 would allow minimum sized lots although �., �� 1?-ght industrial/commevcial uses would likely requi.i3e several. acres n. L' Ad. The reasons for revising this part of the Land. Use Maps ; v*.40 ste al (1971) to Grazing and Open Land (October 1979) �,u to be considered as part ofthis proposal Other factors to cons` der as pari: of the p` aposed amendment Gild rezone include Appendix: P page $e of 9 r , C msctIs57O;4' OF E IRQ' NR%IEN'1'A EVALUATION (contlna � (1) The need for 82.6 acres of `indus t*.r:ial lands, ort the location within the next20 years. y (2) The project may eventtinlly induce other parcels, nearby to apply fora similar land tiro d'081.911ation .and zollilig The 1'0.4 acre parcel to the east of, parcel I and the 17.4 acre parcel to th'e south .oF � Parcel 3 are noteZ worthy in this regard.' 'Rather than 82.6 acres of ii;dustrial land, 110 acnes or more of land May ttl, tlma'tel)be involved. (3); In revo3ving the other site designation criteria for industrial lAnd uses (page 54 of the Land Use Element), the follo'wing comments -may be made (a) Adequate grater supply and ,stwaoe disposal capabilities have yet, to be proven. This , factor, will affect the type of light industrial uses that could be established on the project site. (b) Parcel s is near industrial development. Parcels 1 and 2 would, create a nein area Of industrial develtpr!«rtt iftilitios are available to all th,, parcels. _ (c) TI -le project site is adj acent to arterial. roads. The nearest railroad connection is in Oroville, 13 4 m?.1es �- rs the south:- South- east, :The neatest airpotT facil.i.ty is the Chaco DlunioI pal Airport, about 10 miles to the northwest (d) The project site is gonorall.y on :land Of less than 20t slopes: (e) Fixe hydra.n Es W1411 be tecitta red at 300 foot it1teTN"al.s With a fire flow of 500 to 2000 ga- 11onS per minuto sustained for 4 2-hotf' dt ratio!l. The ;Level of fire protection will be iftcreast.d once all erigitte/faro Is estinbllshed in the tutte Coj lege amazon Polite Protection is provided by the California Highwra.y patrol. They indicated that the amendment would Y avG no impact on departmental operations in a, the forese able fature (.FOne advantage of this area for the ;in(ILUStrial o �:s is tete ab er�ce trf aGt j ac:ont re.s'"Ju �tyial u es, Appendix T' - page 81f o:t: J I)1.SC,118al.ON OF t-wD120NMEN` AL 13VALUA`1'1'011 9a,bt Th.e use cif i`as'si.l_ fuels such as °oil and natural gats � could increase substantially front thy: alnendntent and rezoning. The use of natural resources could be a major, factor depending on the Ladu�tria:l usCsestablished 10: A risk of an ox >>Losi,on or -the release of hazardous sub- stances could occur depending on the type of- industries in the ` M-1 zoned ll s Light industrial/commercial uses, at this tor-ation, could induce some residenti' I ' growth, particula-rl.y iii the South G. co area, the Durham" area and the Butte College area. The labo;r force co' ' _ y . County. u.1d be drawn from art �vlaere �.n the 13a,c: The amount of traffic generated by this Proposal would be substantial in the lon;guterm,. Caltrans estimatked that industrial land use on t;he subject property could generate 3,060 trips per day, uti.th the greatest percentage using northbound Highway 99. This estimate was based Ci -1 .39 : Z trips pr,t =acre' for 78 acres For the 87..6 acres, 5,240 trips per day could be generated The applicant is considering some ltight,tay commercial uses which could, in can j unction with the light industrial uses, more than double the projectea traffic volumes. Caltrans also ass -Limed that 60 of the traffic voul.d proceed north on 14igliw y 99 anal 4�0 n would proceed south on Highway 99.1 The most current traffic cotarrt:s for, this area (1979-80 for Caltrans and guttae County Public Works) show ar average daily traffic (ADT) count of x.2,4011 oil ll;ghway 99 to the earth of the interchanae,� an ADT of 10,600 on Highway 99 to the south of thea :Lnterchange,l an ADT of 1. 350 on Durham -Dayton Highway and an ADT of 2,550 on Ma- h9m Pontz Road, The Caltrans traffic pro j ecti.ons for Highway 99 are as follows Year Location'. ADT 1990 South of rer tz Road. 13,400 2000 South of rcnttz Rotaa 17,000 t 1990 North of Pontz Road 16,000 2000 north of Pentz qoa:d 19, 800 The t Wo, stay design, volume kcal �ac�i t>y ar 10"!o s , rvi.ce 1 i 2000 Vehicles per hour..-. Using a figure of 10.5% peak hour traffic, the two 1,allc section of lli,ghtq�iy 99 to the north of Pont z. Road woule, ro- ee;i.trc 1079 vchI � s l�c:x poak ]lour by the; year 2000 Which is ` 79 volticl.es Marc thin co•p8ci ty There are no plans t:o tvid�wn ]lxghway- 99 to lour 1.allc ;s, north of 'entz Road, until sollietimo artex :1998. (; 1 t1 ctIa$ 45s011' es' anincrease 1.11 t.%"c11 ].c C? �SaClt "v )r�a1 for th's ,motion of J)ig tt�tt y, Those 1), roj ec�tix_�atts may he 't otra r,orl �t�hi,�ax�d based Oil the potential t�rali'ic from this pi3ojcc�l:, Ii�gla trai"fic y�11�'rnti1ly light i,n Ztit.� k x a.•��l %�:orrtlltr t°tial use'; may i.ti� pvct: the level r�i semi. --L, i'c�rr} y C.. llibl>way 99, p art clAwrl.y thes��;c on t o tie north of Pot�tr z Rand. The levol of .iOmrl' ao oft the two tray soction (t4 iii.,;l1tqrly 9;1 tinway l� 51,91 ►, i,� taut;ly Jh1q), ic1 lay tltur lioteltt3; 1. �vra,l'fvould .i'Tont th�.�, or er�I'1 l projoctt p1ti� ofifcl i.tt.+�l�o�t;;cs itl t ^4ii'�ic tit It a'fect t�rri•1't'tc count's oft _9.,' 11tVtt1y V rtcy DISCUSSION OP ENVIRONMENTAL E'VALUATxOlI (e.ontinued' 13d„e,f': The traffic circulation patterns would not change con- siderably, 'though congestion may occur at the Highway 99/Peutz Road interchange. Some of the light i�dus=trial 'u`se's ti attlr& depend on rail or ai.r traffic as mentioned in the discussion of' items Ba and b. Caltrans commented that the acces points to Pentz Road should be Iodated as far from the interchange r;amp°-connections asnis,practical. A traffic signal on Rentz Road, in the Vicinity of parcels l and 2 may beL heeded in the future as traffic vol'UMes r,,,arrant the need for such 'a traff.ic control device. r a 14�: An xncre�a;ed. demand for public services would be crated in an outl!Ihb area. Some: light industrial or com.;�e.;rcial use., could be `high fire hazards and require special fire protection m+easure8. Refer to items 8a and b for comments on .fire and police protection. Blit e College would be affected in that students and employees of thy: college would pass by the project area and possibly patronize someof the businesses. Road; maintenance needs would increase from increased use of existing: roads and the construction of new interior roads, which maybe dedicated to the County. ether governmental services that would be required include mosquito abatement and building inspection. l5a: Fuel azul energy usage cou',d increase ,substant. ally from the project TheEmployees impact of energy use by industries is not unique to this area m to ees and' . atlons of the i dus: trial/ Commerdid! uses would commute r;. minimum o P Y p f four m�.les ;n most `cases . Longer commutes Of seven to fi.Zteen miles Or more would be the :norm. Energy conser- vation measures should be employed in the resign grid construction of the facilities. The wind velocity in this area may make it ,feasible to use winds as well as solar and other options, As a supplemental source of energy. 1.6a,b: Underground telephone and natural ga.5 lines are adjacent to parcel l on the south. Since a number of the potential industrial uses would rely on the availability of natural gas, the capability of P.U. ,E. to pxcsvide natural gas in the long=term':shoula be clarified, 17b The well holes on parcol l tepresent a safety hazard. One measure that could be taken is to lock the gates leading from Peutz Road for both pareeis 1 and 2 These holes should be hoarded over or otherwise', covered to ensure tha one. t no obi accidentally falls Into 18c The p'ropo'sed uses on the project site may gent.,rate considorable amounts of solid taste. This property is reasonably close to the County landfill site on Neal Road which is approaching Its capacity, . Appendi�c ;P - ;page 8h of 9 14 y DI SCtJSSIgNf q EI VXRQ;�7A.`C�ITAL EVALU T`�qN (c`ontinued) =' l� : The project site' s�; gently s'�i:oping land a� the b«Se "of th'e foothills,. The absence of trees and other groundcover on-site rosults in unobstructed vistas„totvrd the mquntains on:tho east. The scenic qualities',,of these vistas xs rated as high•,., Ciuirt`ty ad opGed''policy recognize the openlaid scenic character of much of the County. The var,.ie.ty 0•4 .tetrain"Ahat can be tiTi ewed. fxom'°these open" areas ; a s ' picturesque; the protection o •valuable scenic,areas `for ehjoyin'ent' by residents -,and visitors is also a publicly adopted "County policy. The establishment of an..inaustria area (or any .o 1 eY use). along . the east'$1.de of the freeway; should. take into account the scenic Zralues and ,attempt to design the pro j ect ° to, preveAt - de �exioration of the natural scenic quality of_this`area to ;the. east. The app] icanV mazy, develop a specx.fxc plan, for ,future development. which would include architectural and de.sign,control. Building height, .architectural design a;�d landscaping are Otey consider. ations. A 1,andscape and buffer zone is proposed along the highway and Pentz Road frontages g ` a has a 1�tv d: g, y,LrchdeoiogiCa-- s�nson ptivity, ' 21: Though this are degree, of ,� there may be, some hystoxa�cal significance �.o h lid pBu t eCount}yrcel 2 0 Prior 'to considerat�.an a the rezone, con,,ac His totical Snci.ety about. the importance r the reinna;its on the property..: , I } Possible advantagesg p in of light �.ndustr�al.Jcommerca.al development this area-nclude ly Centralazctl location to sevvice the incorporated cities and population centers of t1e County. 2, Conflict, with resident al uses; is not a problem in t'IAS area. 3, Good road access its available to the three portions of the Project site 4, utilities (natural gas, electricity, telephone) are available in the vicinity. 5. Businessesestablished on the subject property "t” create employment opportunities for a good portion of . the County's unemployed Persons. The commute ;"actor, is one possible disadvantage to some potential workers, A° ndi.x P - page $1 of 9 i IV. DETERMINATION (To be"complete'd by' t e Load Agalic'�r) On the }iasis of this nit'- al'eva] uAtibn: a I find the ,,ro osea 0 P- P project COULD NOS have a significant effect on the environment, and a NEGATIVE, A£CLARATOA1 i:s z•Eeommonded. 1 find that although the proposed prw*Qct could have a significant effect on the environment, there wall not be a sisftifi.cant effect in this case because the havemitigbeennaMeasurestsc:r debed on an attached sheet Yie, project. A NEGATIVE r7ECPARATIQtJ , CD I find the proposed 'project`�' ' .Y have a significant effect on the environm{;nt, REPORT i's and an ENVIRONMENTAL. IMPACT required , Date November 15, 1982 (Signatu For: .._.`..m`u`te oun y ann3 ng ep Reva.eu>rd by *A draft development agreement has been submitted by the applicant. The intent of this agreement is to providemitigation measures for the potentially significant environmental impacts such that those factors are eliminated or reduced in magnitude to a level of insignificance, Appendix F -- page 9 0£ 9 4 HtIY PROpIES? .. r , , D a SURVEY° OF° T�1'�B -BOT AL • r, . r Introduction. O the Dan Hay"ge' properties On June ` . cal survey' o. 23,; 1979 a botani ose' of tale survey utas (A.P 4D-13=22,23, & 24)�-Was conducted. The pur p ''the potential for occurrence of rare�'and ent�angered plans in to determine _ a}, Of, a tentative parcel map anticipation of approval General description-. site is located•on three sides of the intersection of The project • ,.Central` Highway 'g9 and Pentz Road, 'Thi s area could best be classified as Centra 5l.and plant community. It is characterized by low herbaceous ,. Valley Gras P generally composed of introduced and native masses and veg etation which is g all of the species. present on the forbs, No attempt was made to identifyy site due to the late date of the study, Most species of this plant co unity identifiable only 'through the Spring months. BY June, most of the are �_ species were well beyond an identifiable stage. Minor habitat types on the site include stream beds and small, shallow is ho Wallows)a In these areas species composition could be expected vernal poo ( g to differ s�gn�ficanaly from the remainder of the project R� e1 ationshi p t��`e s eci es : i s directly related to the The occurrence of rare species on this site � le habitat. Three rare species are known to occur near availability of s retab the site with in a large deep vernal pool, These are Orcutti t+.nei, Eu iirbia to howelliana. These species to to be habitat ;specific in hoo� vim, and Cuscu ..._ �ui re dee vernal pools for their existence. that they r-9 p l pools found on the project site were,, vtithout exception, The Vernap r for any of the above named species, For this reasons it is highly unsuI t�.51 e • unlikely that any of these would oc".w on the project site, A ApptND xA Whife other e e .,pedes occur in the region; ,one are expected to occur on. thisct site. Again the a lacko0,0uitable h"abitat Is noted, No direct; impacts upon rare or endangered species are anticipated from the proposed project, There is some, concern hote.ver, that continued de!+-- elo Ment of the Pentz Road area may ultimately lead to the elimination _..- of knotan rare populations. These cumulative impacts might best be reduced by forming a small preserve around these populations, T. References. Griggs,T. 1977. Rare Plant Status, � Report on 0rcuttia creene Unpublished, Ca]ifor'na Nati', Plant Societyserkeley, YY Munz, P, A., and D. D. Keck. 1959 A CaliforMti?; PTora.` University of California Press, Berkeley, Rubtzoff, P. 19W, A .new Cuscuta from Californ;a,., leaflets of Western Botany 10.335-6, Com ilbrs, James R. Nelson Kingsley, ,5r�irn Ph.D. 1014 Archer Ave: Department uf' Biological Sciences Chico„ CA )59 ;6 Cal. farn `a State University Chico, CA 95929 (9151 34r -98:18 (91 0) 895'-5381 Al :. APPENDICES K APPENDIX A Botanical Survey Letter of Jtine:.'1979 APPENDIX B Bo tanxcal .;Survey Letter , of, .Apra 1 .1931 APPENDI'X C,;, Letter from Russell A.. Cron nger of .AprY1 15, 1981 APPENDIX D Letter from R. D. Sl:idmGre, Caltrans of'February 24, 198 APPENDIX E '' 'Information from Dan. Heys, J.r. about Traffic Gen;`ation; Recei ed on ,August 4, 1981 APPENEIX P State;Clea,ringYouse Let ter o E September 24, 1981, Caltrans Letter of'Sep.tember 14, 1981, Planning Department Response, Caltrans Letter of November 12.x- 1981 , APPENDIX G � w 2 5, 1932, 'Caltrans State Cleatiti.g J' douse Letter o.f June , Letter of June 21, 1932, Planning Department Respons e F While othea species occur in the regions One are expected to occur on this 0j.ect. site. AgG;in the ,1a.e�,touitable habitat is noted. Impacts. No direct impar=ts upon .rare..or endangered species Are, anticipated fromt:he,pr='� „gid project: There is some, concern, however,' that contihued development, of the.Pe.ntz Road area may, ultimately bead: to the el`iMination of known rare populations. These cumulative inipac,ts might best be-"reduced ,by forming a small preserve around these populations! a References: _ 6rigpj. 1977: Rare Plant Sta ,us Report on Orcuttia c eend4, Unpublished. California Native Plant Socie y,SerkPley; Munz, P. A., and 0. D. Keck. 1959. A California Flora;- University of California press, Borkeley Rubtzoff; P. 1966. A neW Cusc.Lta: from California: Leaflets of Western Botany 10:335-6 Compilors James R. Nelson Kingsley Stern Ph,D. 1014 Archer Ave. bepartment of Biological Sciences Chico, CA 95926 California State University Chico, CA 95929 (916) 343-483$ (916) 895-5381 F 18-P Gounty Center`Drive broVille, CA r 95965 t 'The purpose of this letter -is to clear tip Any confi 8fl.on about the subjectreFzone. VWhen this rez&ie'was first bxought to the attention o Dr. 5terh and myself two main `concerns became apparent, these wet' a 1) •V'O'uld development of h� arezone area ,!upset the moisture 'regime of the Pentz Road vernal pools arid' tUsei quentiy 'impact the rare and endangered sp .cies ,known `to occur, and 2) I5 theta any extactt' pop ul:ation of timnanthes flod�osa ssp4, califor"hica within the '?;isundariesrf the rezone area. the property in question and it" became ohlrious to me This spring Z' vis3tecl that, the drainage system that fills the Pentz Rd. Pools is c6in)) ;etely 'isolIate i from that which traverses Mt. Hays' property. Further conSLitation with Russel Croninger (tringle & Associates) confirmed my iiYtetpretatIon of the ureas topographyand neYther of us can see any pote`nt;tal for impact `*5. 'the pools ±f1) the d,cainage system which fills the Pentz 'P0616` is not used as h'' runoff -canal for the rezone area or, 2) if the dumping of soAd or 'l.iqued waste,' pro" duced by the future inhabitants of the rezone area, Is, not channeled into the drainage system of the Pentz Pools Although tworareand endangered species are known from the Pentz l''bols neither ,of these could occur on Mr. Haysr.property, however the property did appear to have the type of Vernally 'moist drainages associated with thp, rate tJmnanthes. During my visit this spring- x searched for extant populations cf this species and ,found none, Therefore a re.zorie:of this `Area, and any subsequent development, will not impact l,imnanthes floccosa asp. edlifornica. Although the proposed rezone has no direct impact on rare and endangered plants there is one additional item to consider. The rezone could have some precedent setting effect on the area: In the future adjacent landowners may see some advantage to tezohing to light industrial. If this occured the possibility of future development encroaching upon the'Pentz Pools exists. Therefore it is important for Environmdntal Review to be aioare of this possibilty. If there are any questions concerning this rezone please contact me at 3454Wif I0'm not there please leave a message. fain sD. Sok rs t '. '��an�ulrng Be,t n.ts AP'PtNDiX $' 6 April.., 1981E rir. Steve Streeter Environmental Rev:.ew Department lB-F County denter' Drive ' rA' oc;de":. The purpose of this 'letter LS 'to clear v� any confusion about the subject rezone. Mnen this rezone'was first brolught to the Attention of Dr. Sternand ^'tnyseif two main concerns became apparent, thetee were 1)4would'development of ,the tez&ae area upset the moisture regime of the, Pentz' Road vernal pools and sufisequer'tly impact the rare ab.4' endangered species kno*fin t:o occur, and 2) is there` any extant pop- ulation of himnanthes fioccosa ssp,._C61i±ornica within the boundaries of the rezone area. This spring l visited the property in question and it became olviaus to me that the Y drainage system that fills the Pentz 'Rd. Pools is compietely isolated: from, that which traverses Mr. Hays` property. Further' consultation with Russel aroninger (Bingle & Associates) confirmed my interpretation 'of the areas topographyard neither of us can see any potential for ivhpact to the pools if 1) the drainage system tahich fills the Pentz o£ s9 is `no(: used" as 'a runoff canal for 'the rezone area bx, 2) if the dumping of so' lid or '1igtied waste, ' pro- duces by the future inhabitants of the rezone area, is not chdnneldi into the drainage system of the Pentz Pools .Although two rare and endangered' 'species are khotan 'from the Pei tz fools' noither of 'these could occur on mt. Mays, property, however the property did appear to have the type of vernally moist drainages associated with the rare I3innattthes During +.ny vtnit this spring I searched for extant populations of t species And found hone; Therefore a rexoAe of thin area, and any subsequent cle�ielbpment Will no't impact Umnanthes flotcosa ssp. edliforinica. Although the proposed rezone has no direst impact on Tart: and endangered plants there is one additional item to consider. The rezone could have some precedent setting effect on the area. In the future adjacent land,,)-,nrs may see some advantage to rezoning ,to light industrial. If this occul the possibility of future development encroaching upon the Pentz Pools el s.' The',eefore it is important foz Environmental Review to be aware of this ossibiltl y. If there are any questions concerning this rezone please contact me at W-•4Wi if 1not, there please leave a message, \in rds s D. J1tc at `�onsulting Botts i ApMbIX B _at a STATE OF CALI6C1R.W— TRAMPORTAT1014 AGU --_, Eb UNO, G, UkOWN JR, Gorernpr DrEPAUMENT OF TRANSPORTA1`ION ;DISTRICT 3 &eta Cd. Planning Comm F.O. BOX 911, MAAYSVIICE 95901 Telephone ( 916) 674--4277 F. 51931 ToYsl�ea Callig(44 February 211 , 1981 03 -But --99 23.9 Hays Industrial. Rezone Butte Cowity Planning Commission 7 Co'unt;y Cenwer Drive Orov3.l.le California 9596 Gentlemen: Tharik ,you for the opportunity to review the Hays rezone application= which would reSul..t ill 7$ acres of industrial, land n:-iar Highway 99 and Pe' nw-�,a Road. An industrial land use could gener. ate 3,060 trips per day, With the greater percentage using northbounci. Hight ay 99. Mo otlists on the highway north' of Pentz hozv,, would experi- ence a lowering of level of service e, When access 13 constructed to Pentz Road,., it should be located as, far from the interchange ramp connections as is practical. We�.roq,uest the opportunity to review specific development plans for this property as, they become available in order to. M10re completely assess any traffic impacts. Very truly you�^,s. a LEO J. TROMAMRS. bis trice Diractor. of Transportation • I (�i1 `l R. D., 8kidr6iore Chief.$ EnVirOftri1enbal Branch d APS OIX 0 r V's Traffic; .After reviewir1g traffic studies, which have been done lately for M-1 type use for average daily trips, 'i find there .s not much information avail- able in this, area. After taking sometime and thought on the build- vut abf. this ,development, I 'kiave. used the 15 ac.'_ parcel, •which has better circulation',as a working example. `l have had; further communications with one panty who i s currently 'making tough layotit for a 2 ac.* size parcel. Using 1 1/2 ac. to 2 ac. size partes this would create Zoproximately ^7 ,to l0 uses I on this 15 ad.±, -and using a traffic index az 75 trips per day per a.cre, this would _ amount to approx'mately 1.125 trips or using 30 employees ger tiise, ^times IU uses,l tim6s 5 trips per day, would be approximately 1500 trips total per 'day. I have thdught• about the bui,jd; out of the 15 ac.-+, and my best guess would be 3 Yearsto 5 years build -out and the 58 ac g parcel. would be 5 years to 1:0 years L,uild-out timeframe: in conclusion, the traffic on 95E presently, Plus 15 ac.:h build -out, would not be great Jhn tr of f is amour is and 1 do believe that within 3 years 'ccs ,5 years the, 99E ,North to Chico will be cotnstructod to a better road by Cal-Tr&ns I hope this, memo helps your department in some, main _ e°mo o as to con tihue �rocessa;nq tha General P�lalr. ry ry trul, yogis ?ir ) i' Business and Transpoe-aflo 2.,Agenai tea!• e7 �alifornio � Meire,orandlu111 TO _ fir o Steve Wi 11 1 ams on o�E June ,21 9 1 $2 Executive .Officer State''Cle'aringhouse sale 63.'.96t, . 99 PM 23.9 1404 Tenth Strr,et, Nays Industrial Rezonew- Sac rame'nto,,,CA`, §W Conditional Zoning SCH 810826n From : DEPARTMENT OF TIRANSPORTATION District 03 sublech Dstrr:t,�3 t�as� reviewed the negative declaration and ,conditions of approval ' fpr' the Mays, Ind'u'strial Rezone, .a land,: use ap'p1.iGation for 82.6 act•es' treat Highway 92' and P"entz Road.. As statad in our previ',oUs correspondence of September 14, 1981, `= Caltrans does 110t,concur with the Board of Sapervisor's, finding,, of no si gn i f"scant impact, from this .pro jec,t. The Hogan ve. decl a5 'atii on of April 30, 1S8T, an'd bUr subsequent analysis.. of the kinds of deu,n9op ment proposed for .the site 'have identified significant adverse i'mpa�Vs to Highway, 0 north of ant' Road We re the the reduction of the ndu-striallpidesignated land, as I by the Planning Department in an attempt to reciuce the magnitude of traffic impacts. It is our under -Landing that another condition of approval would be to require the submittal of devel opnel plans of high -traffic ,generators to Caltrans for approval. If the t aintained., The rezone is. approved, we urge that these controls be t; devei oper, should also be required to provide facilities for County operated publi',; transportation, such as bus turnouts and bus shel%er The envi ronmr;rttal eval revi sed to occurs tel y reflect Gal trans' PC's via withare;gardhtoltheewidenhq of H Vhway 99. As we have pointed out, Caltrans has no plai?s to construct this project. LEO J46 TWABATORB Oistrict Director of Transportation By R. be Skidmore Chiefs Environmental Branch 1 C t �t x t zl 1' afifU xTi�i 430VERN0R*S,' 0FFiGE i OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET ,.« SACRAMENTO 9SS14 EDMUND' G. 914OWN JR. GOWRNOR June 25, 1982 B.A.: Kircher, Director of Planning Butte Coupity ,P7 anni.ng Depar. tment 47 Coupty 'Center DrTVe' Orovi l l e,, 'CA ''959165 SUBJECT: SCH# 81082502 Dan Hays Dear Mr. Kircher' State agnnC y ps. haver 'ceirr„ented on your negative ,de^1 arati on ('see attached � .. I f you would l i ke to: di' d the .concerns ,and recoirmendations i n thei r commen ts, please Contact the start from tie appropriate, agencies. fi You may formally ,respond to,#,e. agent 0 As! t,YMments, oy wri.ti.ng to them,, i ncZ udi n g 4he S,ata Cle+aririghouse number on all such correspondence, You, should;attemr�: to McSoir�e, any concerns of the .stale a ericies. before taking further action an thy-ro 'ect. ;� Once :you have responded to to comments, state review Of your draft environ- mental.docunent will 6e complete. requirements cioI in �.0 ear V- County of Stanislaus clarified y r,.view cor,ments Specifically, rically, the court indicated that Con>ments must bE addresskid in, detail, giving reasons why the specific corrmpn Ls and suygesltf ns were `not arcefted. The responses most show factors of ovvriding importance which justify overriding the suggestion Responses to C.onients' must not be donclusory s-tatemer,ts but must be supported by empirical or experimental data,.,. so ►ent f i c auth>jr i t'7 or explanatory information of.any.k-IH The court further said that the responses must e good faith, reasoned analysis. If you would care for assistance, the Office of Planning and Research is available. to help i'd-entify responsible agancies, aroanize dbordination meetings; mediae disputes, and hold consolidated hearings; Please contact 60na Polvos at (91",6) 445-0613 is you have any guostions. S ncerely `CharteS Brandes r- Deputy,�frector for vojects Coordina:ion ,ac, ;den fellows.., D41R attic{lm ht5 I mS c4mr N l;Nl7IX G Planning Department's Response to the Letter front Gal•crans. The letter from Caltrans was received as tho result of review through the State Clearinghouse by various state agencies. The environmental document reviewed recommended a Negative Declaration regarding environmental impact. On August 4',.1'98T the Board of Supervisors, at an appeal hearing, S5 made a finding that an environmental impact report (BIR) tmuld not be required for this project as was recommended. The' main, Eactor of discussion at the appeal hearing,regarded the significance of the 'traffic generation and related. impacts-. , The 'trip gheneratio , facto:: by Caltrans sof 21.7 * trips per acre was projected uses for the westerly 72 acres as submitted by the applicant. It should be pointed out that one round trip would equal two trip ends so that 217 trips per acre would, represent 108.5 actual trips. A breakdowiL of the trip generation factors per type of ,use is available in the, project file. The highest trip generating uses are for farm supplies, iast foods, restaurant... service station and retail store depot. One discrepancy in the Caltrans 'traffic projection may be the retail store depot: If this is envisioned as a warehouse for foods to be forwarded to re- tail stares, he projection of 581 trips *per acre per day would be much too high,, The traffic projections repre.s,ent a worst-case situation at full build -out -of -82.6 acres plus 21.4 acres of -adjacent land. The 10.4 acre parcel to the east of Highway 99 would not she available for industrial development until such time that the property: is with- drawn from the Williamson Act. Ifthe types of uses are such that the traffic generation is lessened by a factor of 50,0 -.,,there would still be 12,Q.00 trips pet day which would represent a considerable increase in traffic and a reduction in revel of service on Highway 99 north of Pentz Road. A breakdown r;' existing traffic versus 'new" traffic generated is an important distinction. The 514 total new trips, estimated by Dan Hays, Jr. for Highway 99 north; of Pe`ntz Road, is excessively 1014 in light of the Caltrans input. The. Planning Department has recommended a reduction of the land to be designated Industrial by the General Plan along with other measures to reduce the magnitude of the traffic impact, At the rezoning stage, L -I (Limited Industrial) and H -C (Highway Commercial. may be proposed along with the M-1'(Light Industrial) zone requested by the applicant, ZVith these zoning tools and the availability of development agreements, it would be possible to limit the magnitude �- of the traffic impact through the rezoning process. Mitigation measures related to traffic could be applied at that time. The primary mitigation would be limiting the number of high traffic generating uses on the overall site ant' JA such time as Caltrans would be able to fund the widenling of Highway 99, north of pentz itoad do four lanes, r st/m P^ CktiVORNIA--TRANSPORTATION 'd. .+C" EDMUND G. BROWN JR,, Gavarnor — D PARTMENT °bF TRAN5PgRTAi lON T� 1 GC5tat r � 3 v�yr P. 6, soX V11, MARYSY(LLE 95961' 'Te3 one (916)' 674-4277 N6vem'aer; 11, .198 03 �•iu.t Pi•� "23 9 r Hays ndustrial Rezone i n SCRs 8108 5021 fir a B Zl Sands Butte County EnvIron: ental Review 3 County C r�Pr Dear ,-Ir. Sands: ThanIk you for the reply to our, coamients on the lays Industralezone at Iv.gtzay 99 and Pzntz Raid, We a3ree with the Planmincg Department's recora;tendations to limit industrial land uses as A, weans of r6ducin the ma ==n tud d o f traffic impacts . ile wish to re-emph+asize , ho�7e Ter, that Caltrans has no plans for vriaening Eieft4ay 9 to founes north of -Pentz Road moT,7 or in thefore 9r la $eeable future., It is rti.sleadin` for the County to infer that the highway will be vm' dened by Caltrans. Cincerely, 71100� "MATC`0x�,.:, LM J. �.� t)i Strict. Director- of Transportation BY ! P.. D, S�d�,ore Chief, Environcaental. Branch 6Wo ,re provitint Galiior�� GENERAL PLAID CHANGE Dan I -lays -`Highway 99 and Pentz Road Traffic Generation Characteristics t Site Area: go acrest located t the freeway interchange at State Highway 9.9 aPen Propo::ed Land Usee tai-lJlight industrial: Current'Land Use: Open grazing, 1980-1981 Previous Lang, User, M-1/fight industrial. Prior to 1980 General Devejoprnent Chacteristics ' 11; : ctes"li. a ol, Avi.li oe t equired for proper road design, rights of way,building set back, and landscaping 10 Acres: Commercial - Includes restaurant, motel, offices, service stations and service retail 32 Acres: Low Employee Density industrial Warehousing, storage building, boat storage, etc, 22 Access Light Industrial -Light manufacturing, contractor operations) agricultural related industry. Ifia Generation Rates: As aper U.'S.D.O. I', Federal Highway Administration January 1980 Technology Sharing Report 80-20 A, „ 10 Acres Commercial.• 10,000 to 12,0,00 sq, ft/acre 110 x 10'trip ends! 1000 sq, ft. = 1100 trip ends 1100 TRIP ENDS DAILY B. 32 Acres - L.E.D. Industrial: 32 Acres x 4 trip ends/acre 123 trip ends 128 TRIP ENDS DAILY C. 22 Acres - Light Induitrlalt 22 Acres x,16 trip ends/acre = 352 trip ends 352 'GRIP Ly A B + C = 1570 MAXIMUM TRIP ENDS DAILY a -1- APPENDIX E ti ,mm) GOVEFt.^!OR'S i7FFICE r p (�(� •.T;. [:.1 FFICc OF PLANNING AND RESEARCH �li=orn 1400 TENTH STREET $ACRAM EN70 95814 EGz \5 'Cq. E7 tOWN JR, September 24, 1981: DLttye Blain, pla 3ningr 'Director BUtte County: 7 County, Centex DriiTp av11e, CA 95965 . SU=CT: SCfr 8] 082S02 'RkN MYS CENrEpAL Pl. tit` Aa11E�i'AN[Ei,'7' REZO�fE Tr Eksar ris . }Mair i _ State agenC es have col;��e;�ted on your draft e.nvironmentxl imnact' ,report (sap attached! u d :. If you would li.�e �o zscuss their concerns and re66rdd6hdati ons az se contact the st e om Lie aperoQriate agencces. n.Gil Preparing the 3:i.r.Aj' ';��, you ijUd�Cill.^l!~.•l..a d21dy retL}OnSe:i+' .i Guiaes.szes, ,Secc•?o" 1_146) cert �~ �d Must The �ic� nehaered'` ,. _,g pyoccs5 dor t.�e �croject. 'z addition we b�ya you resa�rd' r w i_t: n1g; - ` ' to a •^•.'---^-'-iy Co w�'le c`i32:ltrica � G.'t�ITiiter:t.a �V ?' � ny L:1�� '.711C1:L'Ga.11,y �:E .G.s`.2.t2 C. _:-,.: ....t,.._ _nshouse nuasir er on ail cor=espondencn H = Gen`v SicD?T:af:2 Cour jec�s�On In Clearyy. C .un _'v 01F Sta:il,SjaUf' i/24 `0z' esmondl' ng .a :�: evi.ew cOmume_nts S-eL " .. j chemo ..�1.? a•t.at L . cotut",ents `itUaL be ::caressed in detai , g-viny^ raSo;j W;, om`.t-an..s and ,SuCGc'Stions, .WA_a 10* accepted and. ,actors of Ole+='�f�1Z1 lmr:f3«c?Cwa • at_rnl an Co .. t115tJL'4 3t_t 1 .r.'.C'aa- ^•L tnd sL1Cyd`:`..0n spcnS2s tf3-Cht�:i -pts Must -Lot Y �' _ « tents Put mist be 'supco�-tec by empirical. or e.%pev- «►ental dai:a, sti-ie^a�:i� c a4t!�ori _y or e:Cplanatbt— iniCrm. icn of aI r kx xd. 2':1" cadtr taur, ha sa_�_' that Cts a resdohsos must, be a aocd rain:, rt�sSonpd �n3�ya,S aect�on 15ot72t�} of size 4�;squire, ".,hat 4..• a r. ayenCy iraic2 ...a,. a aover;u;ten�a iar. ;aid. actions if' an, b yR s cws st sranti, ad,rerse envi.«cnmentalimpacts cou:l,_, resit am a pr:.ject. 'rhes 4 actions, incl�l de changing the Groject irnposicc:Lition�g rProject, ardnances to avoid the pro"lexa, saiecLi nq an alt__:zative t.o the nroje%t, or ditapprovi.;aq cha ,vroject4 In the e�reYC that t.`ib project is approved wi he, i . ajeeuate mit'! atiori oL sig&Pic ry}+. i " ♦ f:r ant. the lead agency must ;cake, oir3'i tcr•i . zn ranings or each s gni> cant effect (Section i must - PaC�1 lt[Li13.C1g3t0t� .+igTli`i icallt ?r ;?Ci.i (section 'oC oc:arrid=ng'ccnaiderat�,o �srcru support its �t..tions� '� �, �r_a.t4en sta(ymet�on -` i. e : rrnaect recp ises al "sc_=_t` na--y A -0 -0 --Oval 0 -cm anY State agency, !�e t c t yo Or ,.�1. S-ce11'- !.:.:aci.L..: Ort rliust,l he L.'..le wit -1-4 i-he.eticiretai- 4o �L9SOLLC@SY �.�` ,dd l at t. e- ztolunty C e_k cOntac' ;"nna iPolvas at (C?i,o) if y'oi hava any i v=rc�_e1.+y r_ap."ien . i..,�u.."Son Mata it Gari.`tr case APMDIX F r inn `6arlkley Chief Dose: September 14s 1981 + 17'i v i sia n o f "1; ra n,s portati on Planning, Fi►e.,_ 03 -But -99 ttention Darrell Husum PM. 23.9 ;A Hays Industrial Rezone SCH 810825,02 DEPARTM NT OF WANSPORTATICN ; D;istri ct, 03 y _ Dis•tTict 03'.has. reviewed. t,he_,env :rori`menta'1 �i,nfor'matlon for the Hays.. rezp 9_, ,2 al land - „r,e .and general plan aim ndment, which would. alleV i nd"ustri, use or) 82,6 ,acres near Highway 99 and Pentx Road The `traffi c' ge6erati on f gif�r.es in . Cal trans' comments of February 2� a t981 s. 'Were based oil prelimithary, information available at. that' t�►me, whi ctl �I7d not include spec" fi c types of devel op`ment. We 'do not concur with the Board, of Supervisors' finding of August 4, 1981 , that no si gni ficant envi r.onmen'ta1 impaG'tsrotl d resu1, t from the overall project Based on 'tem 2 on :a e- 8-f, 110. acres should have bean used as a -Worst-ease rather than 82.6 acres at full bu'i'ld -out. The . trip gen=- ' traffic analysis of Appendi:� E' are very, iowaratJUBasedtonstheekind's of development shown an the 100 -foot scale naps an averace trip generation 'factor of 217± tri" per acre would result,- At � ul l build -out, this project could generate close -to 24,000 trips per day, resulting in a consi derahl e 'reduction on i n l e've`i of serVice :on Highway 99 north of Pentz Road.. It should also be pointed out that the conclusion 'of the Ringel and Associates' .let.ter of April 1.5., 1981 ; ,regard`in I improvement of Highway ghway 99 is, erroneous The current State i'rahspor'tati on Improvement Plan dues riot include any major roadway improvements by Caltrans �o Highway 99 in the Chico area. ' d suggest their present envirdnme'ntal assess- ,,.ate urge the County to re-rt metit of this project an gg t that a thorough traffic analysis he uonductR�d which identifies impacts to Highway 99 and appropriate Due to fiscal constraints in Caltrans' planning mitigation measures, .. er should ps ursue a means off fundlhai programs the County and the develop any necessary ampre ovmeny�s LEO iii `i'ROMSATORE District pi rector of Transportation R _ O. sk`tdrttore Chiefs Environmental Branch ' Octel c;3 a..j ►:.i qi nFIFAm DEVELOPMET14T AGREECKENT TU 18 AGREEMENT is entered into this 15Tff day of March_._� ,...v,.:� ••.Property 1.9:$3,; between DAN'.:HAYS (hereinafter referred to as Qwner!'I; and ,.the _I.COUNTY Qk', AUTTE. a. p,o.1 LtIcal subdivision, ,vunder the laws ,of, the:.:State, of California organ j 4ed , and, ,existing, (here,inaf ter. :efOrxed - to .as "County,�,� . —RECITALS. n the f:ollowing facts: This Agreement Is --predicated gip,.o 1% 'Governmeht Code' -,�§6;5864-:65869.5 Kautzor,ize the County eement`s with persons having .to 'ente:r igto . binding , development agr_ the development lega or equitable inter'eSts in real property for, of such property; . _ unt has adopted rules and regu- 2, Uhdex 9658G5 the Co ablishng procedures and requirements; for consider lations est ation of developmQnt agreements. ert" Owner has requested the County to cons ides. -3. prop X in into a development ,agreement and proceedings have been enter g taken into accordance with the County's rules and regulations. County :; The Butte Board of Supervisors has round that 4 the dOel,op ment agreement,is consistent. with the Butte Caunty General pian;; and; 1983, the,,Board Of Supervisors of on ch ordinance. app roving the development County adopted 0 ,. nce No. merit with Pzopert'y Owner and the ordinance thereafter took. agree A 1.983 effect on pr 11 14 � -p y NOW, THtkiFORE, the parties agree: 1 Definitions. In This Agreement, unless the context otherwise- requires; ( ty" is ,the County ,;ot Butte;4 , a,) "Coup. x _ µ . , • T' (b) "Project" is ,the .development appxovec3 try the County? 1 (.c) ,"Pro perty`, Owner" means the person., having .,,a legal or qL the read. property as described in ,, a unable �.a.n,erest in Paragr,agl 2 :and includes the ,Eroperty 0-wner's successor in interest. #, (,d.) "Real Property" is the real property referred. to. in Paragraph 2v p Y The real h Z. Description, of., Real. Pro ert o,, property wh1c i,s the subject oF, this Agreement is described in Exhibit "'A" attached hereto and incorporated herein- by this reference. 34. Interest ,of Property Owne�ro Property owner represents that he has a legal interest in the real property and that all other persona holding, !. --Jal or equytable interests in the property are to be bound by the_sagreementa 4 Binding__.Ef£e_ct of Aoreement'The burdens of this Agreement bind and the benefits of the Agreement inure to the Successors in interest to the parties to it. 5, Relationship of Parties_., it is understood that the contractual relationship between the County and Property Owner iS such that the owner 1,'s an independent c.ontractot and not the agent of the Coub"Y 3 2-- 5. Effect �Transfer,'of Real Pro ert to Another Jurisdiction. If all or a portion of the real property which is subject of this Agreement i the subj s annexed to or otherwise becomes ,7 a part of a City or another County, this Agreementrrterminates, 7 Specific Restrictions 4on7 Develo ment of Real Property. In addition to zoning classification, the following specific restrictions shall alse govern the use of the roert b g P P y ) Permitted, uses are those 'permitted (a p ttea by the M-1 zoning. classification of the County of Butte as inexistence on the date of this Development Agreement .except the pro- perty shall not be used for any of the following purposes: (i) junk yard, auto Wrecking yard; a business engaged in the purchase, sale or storage of scrap metal except when conducted entirely within a build.�t:lgi . (iv) any residential. use; (v) industria] or manufacturing uses generating. industrial waste Water with the potential to contami- nate surface water it groundwater unless such contami- nation threat is mitiga+ed to the satisfaction of the C ..h otinty Health. Department and the State Region -,.i1 Water Oti Ili,ty Control Board (vi) adult bookstores (b) At no time during the term of this Development A5i.ae- ment shall any of the types of uses of the ,property ind" sated below exceetJ the corresponding percentage of the total acreage within the real property; M Uses requiring a use p'-rmit under the present M-,1 zoningclassification 43$ Uses under the present 1�-1 zoning class.-- fication permitted without a use permit ll� (iii) Commercial uses�ermitted under the present C-1 or C 2 zoning classificatioyl 36% The foregoing is included as an indication of the types of uses and mix of uses permitted and is not intended to indicate that a use permit would be required' for. any use,, since Ithe conditions herein imposed and having be ' _._._ en .agreed to have superceded the necessity for the usew v permit process,... Additionally, the Property bwner1 agrees that not less than 10% of each parcel within the Real Property shall remain in open space, (c') The maximum density or intensity of use shall be as permitted by the M-1 zoning classification and the Aubdi.vision regulations of the County on the date of this ,uevelopment Agreement, (d') The maximum height of any building shall be 35 feet. (e) The maximum size of any building shall be 90,000 square feet. (f) The construction of improvements to the property will be commenced as soon as purchaser and/or tenants can be located The construction will be completed by December 310 1992 e Public Improvements Facilities and Services. Property Owner agrees to provide the following public improvements, facilities and services. 4,, (a)Property OWper°.shall as .part; .;of ;each • build; ng „permit aPP ica;ti•on •-.Subm•* t a ,JAn4scape plan, consistent, with accepted , landscaping standards for. ,:adjoining,, urban areas which shall--include la landscaped area between Highway 99 and the, ;property. and, la:nds;caping .of .no`t less than 1% of, each pare^l as it develoFs (b) Property, owner shall. install and maaa�Aain,in good condition landscaping of, the portions of the property required by., Paragraph 8 (a.) ; said landscaping to be installed'; upon each parcel; at such time- as the final inspection on the first bui'lding �in each parcel: is performed.. (c`) property, Owner shall submit drainage plans to Caltrans and to.,;the County Public Works Department in connection with, Teach building permit and shall include relocation of the drainage course traversing the portion of the property on the east side of Highway 99 at such time as the. final inspection on the first buildi.9 constructed on the ` east side of Highway 99. (d) property owner will install such drainage facilities as shall be reasonably required by County or Caltrans pursuant to Paragraph 8(c (e) All lighting installed upon any parcel shall be situated or shielded ; sig a's to, minimize distraction to p'absinq -motorists on Highway 99. (k) An.;i pond constructed on the property must be don�- struct'ed to meet the requirements of the Butte County Mosquito Abatement pistrict _ate (g) if any materials are stored ovAtside a building they w.il] `be stor.,ed°- behinds a sight obscuring fence not less than' six (6) ,fee+ n height no ;part of which shall b erected': -within the •r.o,ad, setback, area.", Before, each ngarcel i,s developed approval' from the y tainIed Count Environmental Health Department. must be•. ob fol` sewag.e OispQsal ; ssystem,m, and water supPIY *� : Gi,) Submit plans ,to the County Fire Department for review ant'] •r'e'czommendations at the time o applica io„n for each e.rm t. Mee the requirements -,,of the County building p . Fire'Department for 'ori site fire protection: measures, prior to final inspection on each parcel as VL -develops -i, At the time each parcel develops, provide 'receptacles as needed for, the disposal of. hazardous chemicals and substances, if any. (k') Meet the requirements of the utill4 ty companies, p3rticul'arly, PG&E. for natural. gas . and elect,ri.cal service: ('l) Locate any use not petm t.te,c� without a use permit tinder the M-1 honing classification as it exists on the date of this Development Agreement a minimum of 600 feet from Pentz Road and 200 feet from highway 99 (in) Locate access points to Pentz Road as fax from hO intetchange ramp connections as is practical° (n) employ energy conservation measures poX the provisions of the uniform tuilding Coded (4) Diligently p ursuer in coordination t,;Jth the Butte Country public Works Department, the po'tentlt:l establishment (Butte � . Count Area Tt, n -' it 61-: bus stop locationSystem)t locations, "6- > yyy r the "cels for use b future em 'lo Pen and at nea pa , y (p)` Submit development plans to Butte County Public Works for review and conditions for appropriate road sections. (q) Comply with applicable regulations 11 of the Butte County Air Pollution Control District. (r) Comply with applicable regulations of the State Regional Water Quality Control Board for disposal of wastewater and hazardous wastes. (s) Meet the requirements of the Uniform fire Code, 1979 edition, as administered by the Butte County Fire 'Department/ California Department of Porestryv 9. Effect of Agreement on Land Use Regulations. The rules, regulations and official policies governing permitted uses of the property, the 41ensity of the real property, the design, improve- ments and construction standards and specifications applicable 'to development of the real property are those ruies, regulations and official policies in force at the time of the execution of this Agreement This Agreement does not prevent the Countyin subsequent actions applicable to the real property from applying new rules, regulations and policies which do not conflict With those rules, regulations and policies' applicable to property as set forth' in Paragraph 7 This Agre'emunt does not preve;rit the County from denying or conditionally approving aily subsequent development project application on the basis of existing rules, regulations and policies. 10. Periodic Review of Compliance with-iAgreemen*. (a) The County shall review this Agreement at least once ever `f twelve-month period from the date this Agreement is exec°,. uteci'e= (b) During en6h periodic' 'i.eview . y the 'Count,y` t'h'e' Prop'ert'y Owner is required to demonstrate good faith domp,liance with the terms of 6e Agreements The Pro pex'ty Owner agrees to furnish such evidence,!good faith com lianc'e as ` the °C'o�nt of p y. in the exetc,isn of its discretion may require �c) "Dur n' uring the petiod:ic review at' the end of the ninth year, the parties shall consider an extension of the term of this Development Agreement. 11, Amendment or Cancellation of Ap-reeme'nt, This Agreement may be amended oz cancelled in whole or in part only , by mutual consent of the parties and in the manner provided for in Government. Code §965868, 65887 and 65867.54 12. Enforcement. Unless amended or cancelled as provided in Paragraph 14, thl.s Agtoement is enforceable by any party to it regardless of any change in the applicable getietal or IgptCific' plan, zoning, subdivision or building regulations adopted by the County which alter or amend the rules, regulations or pol icie, governing permitted uses of the land,, density, design, improvement and, construction standards and specifications. 13. Events of -Def aUlt,. Property Owner is in default under this Agreement upon the happening of one or more of the following eveftts Or conditions; -8� a 10. Periodic Review of Compliance with-iAgreemen*. (a) The County shall review this Agreement at least once ever `f twelve-month period from the date this Agreement is exec°,. uteci'e= (b) During en6h periodic' 'i.eview . y the 'Count,y` t'h'e' Prop'ert'y Owner is required to demonstrate good faith domp,liance with the terms of 6e Agreements The Pro pex'ty Owner agrees to furnish such evidence,!good faith com lianc'e as ` the °C'o�nt of p y. in the exetc,isn of its discretion may require �c) "Dur n' uring the petiod:ic review at' the end of the ninth year, the parties shall consider an extension of the term of this Development Agreement. 11, Amendment or Cancellation of Ap-reeme'nt, This Agreement may be amended oz cancelled in whole or in part only , by mutual consent of the parties and in the manner provided for in Government. Code §965868, 65887 and 65867.54 12. Enforcement. Unless amended or cancelled as provided in Paragraph 14, thl.s Agtoement is enforceable by any party to it regardless of any change in the applicable getietal or IgptCific' plan, zoning, subdivision or building regulations adopted by the County which alter or amend the rules, regulations or pol icie, governing permitted uses of the land,, density, design, improvement and, construction standards and specifications. 13. Events of -Def aUlt,. Property Owner is in default under this Agreement upon the happening of one or more of the following eveftts Or conditions; -8� an Ln1S uevelopment A xeemcznt is false g or proves to have been false in any material respect when at was made. (b) ; H A f ind.i.ng, and,.d:etermination by ,.the County made following a periodic review, under the, procedure provided for. in Govern moot Code 1i,5586S.1 that ppoo the basis,of ;substantial evidence the Property owner har. not complied in good Faith with one or more o,f the,..ti�:rms or conditions of this Agreement 1.4 Procedure upon :.Default - (a) Upas the occurrence ol: ani event of default, the County may ; terminate or modify this Agreement in accordance with - the procedure,adopted by'the ,County. (b) Coclnty does not waive any claim or defect in perfor- mance by property ovaer implied if, on periodic review the local agency does not propose to modify or terminate the agreement (c) Non-performance shall not be excused because of a failure of a third person.. (d`) 41 -.,at adoption of a law or other governmental activity ^-eking perform s- ;:e by the applicant, unprofitable or more difficult or more exp, intz ve does not excuse the ;performance of the obligation by the i'rci )o rty Owtsec (e;) Non-performance shall be exc,usod only when it is prevented ,o rdelayed by acts of God or an vmr ,,qo cy declared by the President or Governor. _q.. 15. dage:suc��n Termination. In no event shall Property Owner he entitled to any dawages against County upon termination of this, Agre.emezt* , for: khe reasons and pursuant to the procedures sem forth,, -in k?arag,ragP,�s 13 a 14. ,,' oC� ices,, AII. notices tequ.i.red, or adeej. for,; �.rnci�r , �' n . this A re;ement, 'shah: be -gin w n and, „delivere`d i,n person or I sent: by icer t;a,f i,ed ma,i l o . postage p; ,ppaid. Notices -required, ,to be given t,o, ;county 5 sbalJ. ,�ie addressed as follows o ^Count of Butte y 25 Count Center Dr y ive Qrolvi,lle,- f'aIiforniR 9596 Notices required to be given to Property, 'Owner ,shall he addressed as;:_fol."lows ban Hays P. 10. BOX3440 Chien,, Orltfornia. 95927 Apar may e t P y y change, he address by giving notice in writing to the other party and thereafter notices shall, be addressed and *r,ansmitted to the new ad.dressd 1% Rules of Construction abd....l1isdellaneou, Terms. (a) The singular includes the plural the masculine gender Includes the feminine; ''shall" is mandatory, "may" is permissive.,. (b) If a part, of this Agreement is held to be invalido the Tema ' "et of the Agreements not affected (n) if there xs more than one signer of this Agreement theit obligations are r g Joint and several r EXHIBIT A t e grid referred to lr ere n is described as follows'.* that certain. zeal property situate in the +County° of Butter State rof ca1i rnia r described he=ein pARCEL A: BB _ 3 TING at concrete monument where the line between 'the properties of the Chas. F. Lott Land ,..o. and the Leland Stanford Junior University intersects the Easterly Line df the Rancho Esquon which line for the. purpose of this description +till be considered a: bearing North 40" 11''test thence along the line between the Lott and Stanford properties ;mouth 890 49 1/2' West, 1999.4 feet to a.point in the center of the County Road from Chico to Oroville as said `road was located prior to January 11921; thence along said South road as the same was located p)ior to January 1, 1921. South 520 32' East 1336.5 feet thence South 690 59` East 932,9 feet 'thence South 410 28, East 2226.2 feet to the point of in;ersectioti of the said County Road with the County road leading to Cherokee; thence 'along said Cherokee Road North 88'x° 381 East 982.0 feet to a concrete monument on the Easterl'*y: line,of,the Rancho Esquon being the 'N r.thwest °torner" `'of` Tract :orial Section .36, Township 21 North, Range ,�as4 M B' m ,thence North 40' 21' West 3697.7 feet along said the point. of beginning. ��=,..ncho line ':to , = 1I2G° THEREFRONt a strip of land 80 feet wide as described in a Deed sxafr°o William M Bradshaw et ux to Mabel Claire Safford dated February 1041 And' recorded February 6 1941 xn Book 258 of Butte County Uf"� a c=a1 ;Records, at page 241. 'PARCEL 5: Lot Numbered 3 of°the Southeast quarter of Section 26, Township 21 North, Range 2 East, M.D.B._& M - - ' Tr,- said p - -els A andoB. `Bang any thereof _ • 2 '1 51' and recorded October State 95 as contained 'in Deed from Ellwood Oris haw, et ux,tober 4, 19x1, California; said need dated June 1 , 9 in Boole 604 of 3utte County Official; Records,t at page 277 A�o EXCn?r.7NG those rArcels described in ,they Deed to State of ala.fornia> ,recorded duly l _*^1974 in Book 1920 or, df:f ,cial. Records, at page 411, parcel described in the Deed to the County of a�Sh E:KCEPTxNG bhat cerbain p . �Sutte, recorded Sept.embe:� 17, 1.970 a.n S.00k 1.634 0f• Official Records r at 219 page. _ y ST,:;� OF CALIFORN1Au*»T1RANSF'ORTATIQN aC� GEORGE D[UKMEJIAN� Gcwmo7 0tPAPT1AENT' OF TRANSPORTATION �,•' R,0, 9-40�X 911, MARYSVILLE 95901 � Telephone (916) 741-4277 October 18, 1983 03 -But --99 PM 24.0 Plateau Park Subdivision 'Mr i, John Nendonsa Butte County Department of Public Works '7 County Center Drive Oroville, CA 95965 Dear Mr. Mendonsa Thank you for the opportunity to review the tentative parcel map for the Plateau park Industrial Ssabdivision to be located at the northeast corner of the ;intersection of Highway 99 and Pentz toad. Since our previous review of this proposal., Highway 99 has been scheduled for widening between Pentz Road and the Skyway in the 1986-87 fiscal year. The proposed project could contribute congestion to the Pentz Road/Highway 99 - interchange. The County should consider a future left -turn pocket on Pentz Road into the business par -k if the project traffic causes delay for eastbound traffic on Pentz Road to Butte College. We note that Parcel 10 is to be used as a junkyard. The County should verify whether the junkyard is compatible with other lases in the subdivision. Efforts should be made to prok.!de adequate "visual barrier between this parcel and the highway. If there are any questions on these c6mments, please contact Jeannie Baker at the above address, or telephone (916) 741-4498. a• Sincerely, W. R. GREEN District Director of Transportation By Brian j1. Smith Chief, Bnvirontnental Branch v I.{