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Home My WebLink About047-150-097s A � : � .. � �r... ` C wR � 4 .. t. . � F� ' e I µ �;�� p' � Y 7d L' -' - t 2 x�,� 1 i I � � `r .� � ..'� .nn.p� r. '19Y a 4 � •. �o ,.��' ' . � ' . ., �. ��, e ,�i � � + .'� �. � T' e �� i2M i _ ,.y. ' d; �� 'J ,'r. ',. o .. � I�'. �'. r ,,,`. ° � 'l t'4 �t ,� • • .. . . ,� y � r r . Il. � e •rw , ,Y�; ~ ti � � , ;+ � r. a . � �,,yie . . � ' " ' �� o p. � y n J - 1a0 hR 9.; � � �r � � �q'%' � _ !. l !' PLANNING COMMISSION SUMMARY SKEET FOR LAND DIVISIONS - 83-08-11-01 APPLICANT Peter D Peterson ADDRESS P. 0. Boa 147,Hamilton City, CA 95951 OWNER Same PPOJECT DESCRIPTION_ ^ Waiver Application dividing 329,:98 * acres to create 3 parcels, 90A9, 99.14, 19U.b5 acres. LOGATIODI Approximately 2300 ;deet west of Nord Gane la Road and Folsom Street, on the north side of Nord Cianella Road, Nora area.. ASSESSOR'S PARCEL NUMBER($) 47-15-97 & 9$ ZONING A-40 1. GEN PL!'O$F(; PROJECT CONSISTENT? DATE APPLICATION 1,.510EIVED 8/11/83 Eng.; Rolls, Anderson , 1107,ls 965 TITr Street, Chico, CA 95926 ]TATE PUBLICATION NOTICE WRITTEN PUBLISUD PLACE NEWSPAPER NOTICi(S) PUBLISHED - 0. C. P. G. B. DATE MAILING LIST PREPARED DATE ivl'AIL-OUT NOTICES WRITTEN MAILED NUMBER DATE PLANNING DIRECTOR'S REPOA*' PRrPAPE1 a ENVIRONMENT'^, CATEGORICAL EXEMPTION - DATE FILED DETERMINAT JN AND DATE NEGATIVE 'DECLARATION DATE ADOPTED— MITIGATED DOPTEDMITIGATED NEGATIVE DECLARATION .; DATE ADOPTED iso-"\� 3 ENV, IMPACT REPORT DATE CERTIVIED gbB. COMMITTEE MEETING DATE ADVIsopy AGENCY 11EAPING DATE ADVISORY A01-1NCY ACTION BOARD ,ACTIO11 COMMENTS i ( ( APPENDIX 11 e NOTICE OF DETERMINATI01, ED TO: Secretary for Resources EJ 147.6 Ninth Street, Room. 1311 QCT' � � 19a3 Sacramento, CA 95814 County Clerk, County of Butte ELEAC�C7CZM L1ECi�ER,CotmiyCler� 25 County Center Drive Oroville, CA 95965 By a` `Q.C=a__Depuly FROM: Planning Department 7 County Center Drive (Filed) Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in Compliance with Section 21108 or 21152 of tho Public Resources ,Code Proj oct Title . y Waiver AT, 47-7.5 97,98 Petrx D. Petorson Stato Clearinghouse'Nunibcr (If submitted to State Clearinghouse) Contact Person 'fele }tone Number John itlendonsa, Public Works (916) 53-4266 Project Location 2300 Feet, west -of Nord Gianella Road and Folsom Street._Q L the r ' h s of Nord _fAzateLLa Road in the Nord area ,Project Desc,iption: Waiver of a tentativea, parcel map to divide 3294p`8 acres to create three parcels, 40.19, 99.1.4 and 1.90-.65 acres. +,a,La as U UUV.Lbt L11UL tine butte Uounty AdViS r Ag on (Leach Agenc} has made the following determinations regarding the above-described project 1. The project � will have a significant effect on the environment, will not 2, An Environmental Impact Repor-`. was prepared for this project pursuant to the provisions of CE(A,.and was certified as required by Section 15085(g), 14 California Administrative Code. A Negative Declaration was prepared for this project Pursuant to the provisions of CEQA. A copy of the Negative Declaration may be examined at the Planning Department, 7 County Center Drive, Oroville, CA 95965. 34 A Notice of Exemption was filed indicating this project is exempt from environmontal review. 4. A statement of Overriding Consideration � ivas, � tvas clot adopted for this project. 5 Mitigation measures adopted by the Least Agency to reduce the impacts of tho approved project are,, 1 A statement shalt: be reserved in deo_k for eac` lat that "lots Within this division are not approved for sewago: e ill 4j disposal". Signatt e Stephe A. Streeter October 21, , 1983 Senior PI nnez` Date '1'i tlo ) �, Tr � 1',r � ..j,� _`v r `.•""�.�., / �/'J�/ip�'�!'.. /gj�7(/�JryQ'/}y�� fy� „'"'ja � �i yr"!4'�9s Jll �ti r„ � •... r . ..,.. �:�iT/ Com. ��YqfSJI tl/Fy LAND OF NArJRA( WEALThf AND "EA j DEPARTMENT OF PUBLIC WORKS CLAY CASTLEBERRY, Director 7COUNTY CENTEQ DRIVE, OROVILLE, CA( IFORNIA 95965 Telophonet 016) 534.4681 WILLIAM (13111) CHEFF Deputy' Director October 1!$ 1983 Peter D. Peterson RE: AP 47,-15-97 and 98 P. 0. Box 147 Walver Application Hamilton City, CA 95951 Dear Mr. Peterson: i At the regular meeting of the Butte County Advisory Agency held 1 on October 10, 1983, the ,agency granted a mitigation negative declaration regarding environmental impact and approved your Waiver Application on the above-referenced pvoperty, subject to the conditions on the attached sheet. j If no appeals are timely filed--wathin ten (10) days of the date of the Advisory Agency's approval--With the Clerk of the Board of Supervisors, this action Will be final. When the conditions of approval axe complied With, it will be in order .61br;you to file your "final map" With the Butte County Department of Public Works for recordation within twenty-four (24) months of the date of approval by the Advisory Agency°. if you have any questions regarding this matter, please contact this office. Very truly yours, Opaym, Clay Castleberry ilul�oOa.pj`'"n1n�! Director of Public Works �t4Vli�9t �Iit1%Uitlpil J hn Mendonsa A sastant Director JM/ds atta hment Cc =fanning Health AoLis Anderson and Rolls I I y Peter D. Peterscu, Waiver Application, three parcels approx. 2300 ft. west of Nord Gianella Road and Folsom St., on the north side of Nord Gianella Road, Nord area. Assessor's Parcel. number: 47-15-97 and 98 Engineer: Rolls, Anderson and Rolls Public Warks conditions are: 1. Pay off any assessments. Obtain encroachment permit for all driveways, new or existing, and construct to county standards. 3.. Pay any delinquent taxes Health Dept. condition is 4. Either (a) provide the usable sewage disposal area on each parcel in compliance with the Butte County Subdivision Ordinance standards and the Butte County Flood Plain Ordinance, or (b)provide for compliance with Resolution amending Section A of Appendil-, V13: number 82-68' for creation of agricultural parcels for continued agricultural: purpozes. I The following mitigation measure will also be a condition of approval: 5. A statement shall be reserved in deeds for each lot that 'lots within this division are not approved for sewage disposal." r l '� i YES MAYBE NO 19. RECREATION. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. CULTURAL RESOURCES:, a. 'Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? b. Will the proposal result in adverse physical or aesthetic effects -to a prehistoric or historic building, structure or object? c. goes the proposal have the potential to cause a physical change which would affect unique- ethnic'cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? V. DISCUSSION OF ENVIRONMENTAL EVALUATION AP 47-15-97 98 The project is a Waiver of a tentative parcel. map. The tentative parcel map is to divide 329.98 acres.to create three parcels, 40.1.9, 99.14 and 190.65 acres. The project is located 2300 feet west of Nord Giariella Road and, Folsom Street, on the north side of Nord Gian.ella Road in the Nord area. Township 22N, Range 1W, Sections 3 and 10, 23N, Range 1W, Sections 34 and 35 The proposed density of development is one dwelling unit per parcel. The access and nearest public road is Cana Road which is adjacent and Nord Gicnella Road. The project will be supplied by individual septic systems and individual wells. The power lines exist to the original parcel. The potential for ;further land divisions and development is dependent on existing zoning and whether or not that zoning is changed. The lands are currentlyunder a Land Conservation Agreement or Williamson Act which requires a minimum of 40 acre parcels. Parcels 1 and 3 are greater than 40 acres and this could be further divided into 40 acne parce.l5; Parcel 2 is .just over 40 acres and there is no further potential for land division. Physical 1nyironment The lands are flat agricultural lands with %lopes of 0 to 2%; The elevation is 145 to 150 feet. There are nO liri ting factors. The soils ars recent valley alluviums and sedimr,nts with a mode• -to potential toward liquefaction. The permeate ility of the sula � ',1 is moderate to moderately rapid. Limiting f1crotsof the soils Mould be the potobtially high erosion along Rock Croek. The project is located within 2 miles of a recorded` c7rthquoke of 4, to 4,9 on the Richter Scale; 8 miles south - sotlHiwest of the Tuscan Mohocline. With the oXception of the Rock Crook at'ea, there is almost no erosion potential, nb landslide potontigl, the potential ror expansivity of the soil is moderate and ther: as no fire hazard (this Is an irrigated areaj' . •Iyd rp:10 �y Surface tenter ori i o 19 Rock Creek which flows forth -south dividing parcel 3 from pat,,el 2, located to the west of the railroad oasement. YES MAYBE NO 13. TRSNSPOR?'ATION/CIRCULATION. Will the proposal result in A. Generation of substantial additional vehicle movement?' y� b. Effects on existing parking facilities, or/' d mind for new parking? Y Cc S std"ntxal impact on existing transpoctarion s s en's? �( d. ign' i an alterations to present patterns of cii ation or movement of people End„o` goods? e. Al.terati s to waterborne, rail or ;Air traffic? f. Incraa.se i traffic Hazards to motor vehicles, { bicyclists r pedestrians? 14 PUBLIC SERVICES-. 11 the proposal` have an effect upon, or result` i a need for new,a'or altered governmental servi.s; a. Fire protectio b. Police protects n c. Schools d. Park's or tither recreational facilities! e. Maintenance of pubic facilities, including; f. Other governinental s rvices? 15. ENERGY. Will the pro posai, result in: a. Use of substantipl amotts of fuel.or"en:ergy? b. Substantial i cx'ease in+demand upon existing sources of ex'gy; or require the development of new sour P of energy?, p e 1E. UTILITIES, Wi vl1 the rop sal result in a need for new systems, o substantial alte°xations to the following. r a. Power or atural gas?+ b. Communic tions systems? c. Water: d. Sewer r septic tank? e. Stora Vater Lirainage? �L Solid waste and disposal? 17. HUMAN HE LTH, Will the proposal result,, a. e hethohazhazard (excluding mental healential, � g haza-rd or p the 7 b. Exostire of people to potential health h arils 18. AESTH TIC5. Will the proposal result in the obs uctaon of any scenic vista or view open to the ublic, or will the proposal result in the cre tion of an aesthetically offensive site open to public view? AP 47-15-91/1 & 98 DISCUSSION OF ENVIRONMENTAL EVALUATION (continued) The project is located in an area of heavy groundwater withdrawal. The drainage characteristics are moderate to moderately rapid. Annual rainfall is 20 to 22 inches. The limiting factors for development would be 80 to 95 percent of the project site is located in a designated Zone A floodway. This is L OTal area with good acoustic quality and good air quality. The I land is currently in agricultural use. The wildlife on-site is dependent on that use. The Butte County map shows the project to be located in an area of high archaeological sensitivity. Butte County General Plan designation is Orchard and Field Crops. The existing zoning is A-40. Existing land use on-site is agricultuvali In the surrounding area, the land uses are Agricultural and rural residential. The zoning is A-40, A-160 and A-20 with General Plan designations of Orchard and Field CTopt,i Parcel sizes range from 5 to 582 acres) with 40 and 150 acres common. The nearest urban area is Nord with the relevant spheres of influence Nord And Chico. 'Fire protection will be provided by Butte station #41. Water is available. The schools in the aree are within the Chico Unified School District. The following are initial study comments. lbje: The project will create three parcels where two now exist and allowance for the futuro, development of an additional homesite. Soil will be disrupted and compacted 4 This will bring about an increase in runoff from the site which will increase water erosion of soils along the Rock Creek area. 1g: The development of the housing site will reduce the present acreage in agricultural production by � to about 1 acre per parcel. 3b: project development will bring about a change in the absorption -rate by increasing the Amount of impermeable surfaces and increasing the amount of storm water runoff. 3ft The parcels 2 and 3 are divided by Rock Greek, -Rock Creek will be draining All of the paTcels. Surface runoff from the site will bring with it pollutants normally associated with residential use. 3hThe project will be supplied by private wells. 5ji The development of this Ptoject would bring about a hazard to persons and property from flooding and flood waters. In the last year, the No -rd area suffered massive flooding) the site of the flooding was partially along Rock Creek located between parcels 2 and 3 of the project. Rock Creek is a designated Zone A floodway And'80 to 9S portent of the two parcels that currently exist are within the tone A floodway along Rock Creek, 4a, Pvo'ect development will bring about a reduction in the acreage of existing agriculttral crops, Th -.L% reduction will be approximately 'j to I acre per parcel (up to S acres), Appdhdix V page 6 AP 47-15-97 8 98 DISCUSSION OF ENVIRONMENTAL EVALUATION (continued) 5d: Runoff on the site will bring with it particulate matter, sediments and household pollutants. This could bring about a deterioration of the existing fish and wildlife habitat along Rock Creek: 6a, 7: Development'of housing sites will increase the noise and dight levels in.the area.. 8: The project will result in an alteration of the planned land use of the area which. is for Field and Orchards. The project will Allow for the location. of 3 l7omesi:tes in what is present ly an agricultural area; 10a: There is a risk of explosion or release of hazardous sub- stances including pesticides and chemicals currently associated with agricultural use. The development of the project will not be increasing or decreasing this risk as the site is intended to _ remain in agricultural use. 11.i The project will be increasing the local population by allowing for the development of the homesites.. 13a,f: The project will result in an increase of between 18 and 3.0 vehicle trips per clay on the local roads. This will bring about a minor incremental increase in traffic hazards to motor vehicles, , bicyclist -.s and pedestrians. 14at All residential use brings about with it an increase in demand for public services including polico protection, schools anti maintenance of public facilities including roads: 16c: Water will be provided by private wells. 16d: The project Will be supplied by individual septic tanks. 16e Storm water drainage and provisions for std illm Iq ter drainage will have; to be Y`ev'iewed in greater (etail, prior to project: OPPrOval- 17t Tile development of housing sites will result in the creation of health hazards and exposure of people to potential health hazards. The project will be supplied by private weds and septic Systems, During times of flooding along Rock Creek, the septic Systems could back up, contaminate wells) contaminate waterways, contaminate; fish habitat and bring O'out a health hazard. 20a: Tile project is Located in a designated area of archaeological sensitivity, primarily in the Rook Creek area. Prior to the issuance of a building permit,n a'rchaeologica.l survey will liavc to be conducted. AP 47-15-97 $ 98 a ,j II MANDATORY FINDINGS OF SIGNIFICANCE b. The project does have the potential to achieve short- term benefits to the detriment of Long-term, environmental goals. The short-term benefits associated with the project are: the allowance of the parcelizabion of the land as the owner ~Dishes, the creation of allowable building sites, allowing the land owner to soil off a parcel of land should he choose .for financial planning purposes, The long-term impacts and environmental. 'goals that the project woi.ild harm would be: the creation of parcels for residential. use: in an area that is now strictly agricultural, further parcelization of lands - under the Williamson Act or Land Conservatith on AgremtThe Williamson Act is designed agricultural users and agricultural lands by limiting their tax rate, and the development of homesites in agricultural lands are in direct conflict with purposes of the Williamson Act. III DETERMINATION We find that although -the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the Mitigation Measures described on the attached sheet have been added to the project. A'Negative Declaration is recommended. 5 i j Appendix F w page F MTERSON RANCH C 111("(k cAI.If 011yIA Wfid" 1(11(91 801-141M T 1 I A 01.) 111:3H 9(908 1,019 ( I(:() nuffe CO.'PlanIVIT Comm, Ccs 1983 September 5, 1983 OrOVIII0. California Butte County Planning Office 7 County Center Drive Oroville, CA 95965 REFERENCE: Waiver Application AP 47-15-97 & 98 Log #83.08-1.1-01 0 Gentlemen; Please accept this letter as my response to your initial study which Was prepared by your office in regards to my Parcel Map Waiver ap plication_, Rather than 'respond to each item under the inital study comments on Pages 6 :and 7, I would like to state positively that this parcel division is not intended to create any additional home sites, The reason for this I division is soley to facilitate the financing agreement I have made with John Hancock Insurance Company in order for me to purchase the Gianella Ranch. t' Parcel 1, 99.14 acres east of Rock Creek, is presently farmed by Mas Shimizu. He intends to purchase this 99,14 acres from me and continue to farm this land. As you are no doubt aware, Mas is a prominent farmer in the Nord area and presently fA is several thousand acres= Parcel h, 40.19 acres, lying between Rock Creek and the railroad, has some inherent :haracteristits Which do not lend themselves to my farming operations, III -addition, it is my intention to some. day utilize this site for agricultural operatiohs essential to the processing of my crops, Obviously, I do not want to have this 40,19 acres encumbered by my loan with Hancocki should I wish to pursue this endeavor. The site is ideally located to fulfill this use. Almost all of the comments on Pages 6 and 7 refer to potential or possible i concerns relatiVil; to population and development increaso. Please be as - j sured that this will ri.t happen, I presently own and farm a' roximately 9 ?Mo acres. Fa&Hng is my Ms nets, This ranch will be incorporated into my ,a,•Ist ng farming oprakvuns. n Butte County Planning Office September 5, 1983 Page 2 As pointed out in our letter of transmittal with the Parcel 11ap Waiver application, this division is being done expressly to meet my financing requirements with Hancock. The loan commitment from Hancock for the financing expires September 30, It is imperative that I receive approval in order not to jeopardize the loan commitment and incur substantial losses in loan fees already paid, Please call me at 891-1493 if you need any additional information relative to this response. Thank, you. Regard�Q.tt.�.e.� 4o Lei Peter 0.Peterson Owner ✓cra`7�,,>' j POP/bid cc: Rolls, Anderson. 965 Fir Street Chico, CA 95926 ;b. t Intev.Depart fntulAemorondnm To, Butte Co,-.zLl y Advisory Agency v FROM. planning Director SUBJECTI Report on Waiver Application of Peter D. Peterson on AP 47-15-97 F, 98 OATEt September 26, 1983 This is a proposal to divide 3r.98-11 acres to create 3 parcels, 40.19, 99.14, 190.65 acres. The present zoning is A-40. The land use map of the Butte County General Plan designates this area as orchard and :Meld crops, and the safety element indicates that thl's project is in an -,unclassified fire hazard area. (Urban~, and irrigated areas) The proposal does not conflict with county zoning aor any adopted or proposed element of the Butte County General plan, nor any county specific or community plan, The 'project site is encumbered by a hand conservation agreement for 40 acres minimum parcel size. The project is in compliance with n the Land Conservation Act. The site is located Within the zone "Al' flood boundary along Rock Creek which,incorporates 80`-95% Of the site. The :subdivision of land is for agricultural 'purposes only and con- trolled by Ord. 82-1.73 'Recommend approval subject to the following oonditionst' �24 A statement sh%IJ be 6piacedC on the .final map an4eserved in deeds for each lot that "hots within this division are not approved for sewage disposal",