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HomeMy WebLinkAbout056-210-061� ' I 4 1. }+ . � , P `•�'1�(��".. ��� V•ir � i � � •� ��" r , q� -�YU�{k'���, p.�(7• `�y �iY/;�.• � �'t �tj'( ,w �. � 1 ♦�',.I'ti. 3 4 ...w . r 1.4 . ps, �• P, i• , { w J ' a i• .Y w ' a i• v. ro. dam 4.v-, '` y = J la t ... ; zc� _ .�. .�.� .� � ,� •*� rte\ APPENDIX H li NOTTt,g OV DrTChY`tINATION I L E '�'Ot Secretary for Resources 1416 Ninth Streot, Room 1311 8 199 Sacramento, CA 95814 , CJ 25 my C1er» -) Counter of Butte county ELCANOR.M, 8EWR, Couhi Clt county Ce�xter Drive Oroville, CA 9596`5; 'By .�;,o X, WH Dep"uly r. Ron, 7lCounty Gd'Kier Drive CPi �edJ Oxov lle, CA SUtJtCT-' Riling of Notice of Determination in Compliance with Section 21108 or 211.52 of the Public Project Title Jentati-VOL Mag Number �Numb AP 5¢,-21-f1 Rona 'd , :Ih StateC g (If submitted to State. Clearinghouse),, Contact Person Telepho'nd Number o?ahn.Jti ndriti4a� D+a 1 ; o3°.ks... - ( 9.161 - roject Location Approximately 2400 feet east of State Hwy. 32 aa -V -Garland. Road ,-aters.artiOA,LEr st Rand ntrea. � Project Description: Dividing 39.6 acres to creafe four parcels, three of 5 acres,. and ono of 23 acres , for tiilountain Teereational homesitesr This is to adViso that the Butte Coura, ty noir, Of Su evr isor= ,�.. , • !`. Whet gency has made the fallowing determinations rogavd .ng the above-described projoctt 1. The Project w; ll have a s igni fi-cactt effect on the Cnvxronmen't. will 110 2. An ,nvirnnmental ImSacie ort was prepax•Ed for this ro'ect ursuant to the rovesions of CEQA, and was Impact p certified as required by Section 15085(g), 14 California Administrative Code. A Negative Declaration was prepared for this project pursuant to the provisions of ChQA. A copy of the k1gative Declaration may be examined at the Planning Department, 1 County Center Drive, Orovlle` CA 95965-. 3, A Notice of Exemption was filed indicating this project is exempt from environmental revietgj 4. A statement of Overriding Consideration ❑ was, a was not, adopted for this project. 51 Mitigation measurers adopted by the Load Agency to.reduce the impacts of the approved project �vse« Nol,;,e 1-1 x. ature 5tapt on. A. Street°er Senior Planner betetlnination On the basis if the initial study of environmental impact, the, information presented at hearings, comments received on the pt•oposal and our Own knowledge and independent research; We tied the proposed project COULD NOT have a significants d effect oii the environment, and a NECA'T IVE DECLARATION is hereby adopted; We find that the project COULJi have a significant effect ^-n the environment but will not in this case because of attached mitigation measures described in item 5 above thidh are by this reference made conditions of project approval. A conditional NEGATIVE DECLARATION is hereby 4ture 3APIB LAN , Chis # r Butte County Board of Supery sots ate APPENDIX G " NtOATM DECLARATIC1N__PIGARDIN8 :ENVT_CtgNMBNTAL IMPACT NOTICE IS IiBil1IB'YS GIVEN that the project described belo1r has 'burn revieWed pursuar` '� to -the provisions of the California Env- -ontrterita1l,, Quality Act of�0� (Public Resources Code 21100, et, seq, and a.. determination ha ��ec"r,, made that it will not have a sign fit.aht. effect upon the environment. Log #82>-094 �01 2, `Tentative Pareal' Ma �divid; n ,`3 P �' il.6" acres brOMOpftU t OP pcis to',. crsat.� �t�utparcROJI3C7":t - /3 palrcele of 5+ atres and 1, p;s�rcol o't 1w1 02 sov � . 20400 ,- fn etro of St. N ond LOCATION' OF PROJECT: &I "" raxpQreat G&VIand Rtoad iet craectori ,.Ital►ePt a�r9a" , 4 NAME AND AbbRESS OF 'PROJECT APpLICANi ' A*n414lo Shute Lipp1nCo'tt-Guth Ald*i1tp P'.0' hair, 32a forest Ranch, Cao 9592 pairedise` Ce. 95Ad9 RITIGATTON SUR S: \ ft A copy of the initial study regarding the environmental effect of this project is on, file at 7 County Center Drive, O7roville. r This study was: \) Adopted as presented: \� ,Adopted with changes. Specific modifications and supporting reason's are attached, 7. A public hearing on this Negative Declaration was held by the decision making body.' Ideating Body Butte County Board ofSupervisors Date of Determination betetlnination On the basis if the initial study of environmental impact, the, information presented at hearings, comments received on the pt•oposal and our Own knowledge and independent research; We tied the proposed project COULD NOT have a significants d effect oii the environment, and a NECA'T IVE DECLARATION is hereby adopted; We find that the project COULJi have a significant effect ^-n the environment but will not in this case because of attached mitigation measures described in item 5 above thidh are by this reference made conditions of project approval. A conditional NEGATIVE DECLARATION is hereby 4ture 3APIB LAN , Chis # r Butte County Board of Supery sots ate iv{rr .,..oma r .. ... :._ r. . ..... ,. ,.:,.,..... ... ., .... ... _. .._,.-. _.. _.. ... _ I ez, Coun `e 17�pAFI'iNiENi OF Pllr'dL.lc�=�'t�RKs , .r �� CLAY ChS'il.E60RY, biranor 7 Couo" CENTER oft1VE, 6ROVILU, CALIFORNIA 959$5' o Ye;rphon�li''I9id) saa.�be1 11WAK (6111) Clot r ,. Dst•�ti' b7risf�t ' , Dec*dbdr' 7r 19 8 2� kioor"Id t. Shute ttYN AP 5&21-61 P. b. Boat 328 Tentative Parcel Map F'Oest Rdheh) CA 9$942 `scar ,Mr; Shute: At the ,regular meeting of the Butte County Advisory Agrkrby held on Dectniber 6, 1.982fi the Agency denied your tentati.Ve J*rce-1 map on AV 56-21-61 because the Department of Fish and Game has identified o the area es biologically signiricat1t Ink wildlife and' has propbWei mitigation measures far the project Which the applicant does not wish to accept, Therefore', the possibilttr of an impact on :the wildlife Ores exists andthe project waa found not to be in co IVOnae with the Butts County General Plan. t' It no appeals ase timely filed --Within ten (1.0) days of the da to of the Advisory Agency's denial. -with the Clerk of the ,Board of Supervisors, this action will be final, ' if you have any questions regarding this matter, ;please contact this ofi'iee, Very truly yours, Clay Castleberry Director of Public Works M/ds cc (ElAnning health Uppinoott/Guth, John 14endonsa Assistant Director bMS Ca hfe o",W Comm; DEC 71982' ��I�p� ,�i+�l0iarxii�a Lam, tot r ButVe County Advisory, Agar cy r0omr Planning Ditoctor suoicor+ Report on Tentative Parcel Map of Ronald L. Shutt ohIAP50-21-61 bATCO October 2S► 1982 j This is,,a proposal to divido 39.6 acres to (*eate four pi. krcela, three patreelsof S+ acres and l 'parocl of '22•.92, acres ; The a` present Map' of the Butte CoTimber �tal-.in - S_,.ac're �a�a>r�e:a�ls) this area as A � ie.ultural`Residential.utxty• Gtn+eral Plan elRsigna+tr�s p� ' lr 4,' (ea"s;tern area `Timber Mea*ftain) t, and the Safety Element indicates that this project is 1� at high- extreme fire hazard area. Thesre are no specific or colimUnity plans for the area. This project does not subst;antiOly confdrm to the General Plan, specifically they Open 'Space: Element and Land Use Element. Th'e folloiiing policies are in conflict with 'the tentative atp ' A* RtgUlatc dtvelopm4vt in iddntified winter doer rangers to u facilitate the survival of deer herd 4,1 Regulate development to facilitate survival of identif,�ed rare or cndangered plants and animals. (page 41 of the Land Use Elements Butte County General Plan, October 1979; also page 14.9 of the Uperri Space Element, Butte County General �..,, plan, June 1973) 'The input from the California, Department of Pish and dame (sto'e i,` attached letter) indicates that the proposed land division would, conflict with the wildlife; habitat for mil ratory doer and the spotted owl (a species of special concevnj. based on tFi©r i>r�p'u+ the applicable policies of the General plan and ftSection 67b474(e) of the Subdivision Map Act, denial of the tentative map is ret:omiaenelexd. (*Stiction 6647,4(c) states tiA legislative body of a city or Ounty shall deny approval of a final or tentative map if it slakes any of the followkng Findings; (e) That the design► of the -subdivision or tiiee proposed improvements are likely to cause substantial environ= mental, damage or substantially and avoidably injure fish or wildlife or thoir habitat".) Personnel of the Region 2 off!-co of the Department of Irish and Game Will meet with Planning staff on November 4 to seek a resolution to proposed land divisions and development in Areas of Special Biological lipps�xtamces for Butte County. Cl:usterin of homesites in noncritical habitat areas has been proposed by staf� as a means to allow parcels of loss than. 40 acres in site. A lower limit of 10 acre parcels has boon utilized as a comproim so figurer though 15-29 acro parcels with t1ustotod hombsites would be tore in the realm of what the Department of Pi.sh and GAM6., input W6Uld suggest. Por exo%ploj it would be t1 Advisory A,go c}► - RolId L,Shy. to �,.. `October 25. ;9 possible a to crane two patrols frays+ one /.... iL . �� parcel of 44` �n�#c'a�s provic��d' „ tha tibnefpi e� locatious woo con ned to one l�" it, ty of the 91st a ttl nit tandaigly � = � icitiu��ed. . , him _ (yam , , yt iso.cleir,,thait this nattbr him co"ty�-,w idar ima l i�litiovtt, 4 v�h+ere Ilia Ax as a�f Sli`ecial` biological YSlrartianco o*rlap tha, J 1hxtetns�va Aitigynation of Agricultural (gl'dSthe 1, n das ignat axn o. �` ootthil l At 6a residential for" the Concow &, r,**) ;k, "�ht���, .- Timbor Mountain and Graziug and, Open Viand �egignatfQi� �if�ard � ' Protect an to Hildlife habitat with the 4,���►+ck� min .M. pax�e�` 0�4�'��. °ire tiroi, rit fair Tiny new, land 4ivision44 The, X turil P,asatair�aa.: c "� n rleMent (Open 'S aces and Conservation) is c�hrfo fitly bothi Gosrpnsad 'by �'lA�tnintg�5ta 'f That document will u4dtes�c °tlia i°asuas t�►�s sd°" i4 and 1? oQasaa policies, fur cca�npat bTe foothill developMent ,in., ko' k3 wildlife arenas ► f SAS, lx ° L U p I i fi Y .9. Ro-naid Shute, .Ap 56-21-61 ', 4pt rcela�, approx. 2400 ft:. east df ,S Lata Hwy,, 2 and Garland Rd. intersection. Garland Rd. intersects paroel:. Forest Ranch area. Engineer„ Lippincott/Guth Associates (continued from Plow. �9s 1982) 8 Mr, Mendonsa said that this itdih was continued for a map from Fish and GaMO whiaA was referred to in one of their .letters regarding home i,�tea* HFAUNG OPEN' TO TO RMLTC q 96naid Shut , the applicant, gave Mr. Reid some data regarding,a well.. He ;captioned the quantity of water in old mines. He said that regarding the a p From Fish and Catwe, the sitz' identified as a building sitter on ,parcel 1 alldiws no room for leaching because It is on the low side of the, hi.11,. It a,ppoars, that' the sited appear to be placed next: to roads. The reason pebplO buy 5 acre parcels, is not to cut down trees and put a house next .to a road;. Clustering is absolutelyr rid&culous and lowers ibbe price which the property will sell for, rte vent looking for a map at the Planning Rapt. that shoVs tho deer ereas and Was unable to find it. Mx. Stteeter said that a reproducible hap hat: recently been prepared, Mr. Shiite said that Mr. Snowden carne out to the, :property but did not. have, any wps of the deer locations. This is inept professionalism, Mr. Shute gage tVtes Advisory Agency a copy of a .map he had come up with sharing, the deer migration routes and holding areas abd granges, with his Pwn property drawn in. He said that his property is said to'be "astride" the corridors) but in actuality is inbetwee:t thele. He claimed that there are no deer on top of the mountain, 'which is also indicated by the map He said that is fact. This issue effects a lot of people. One main trunk of the deer migration routes goes right through the subdivisior�creatOd labt winter by the Kennedys. This project is only a h parcelilig. The Letter said "astride" meent there wasan impact, but tbb project is itot astride the deer areas, therefore, there should not be an impact. Mr. Shute said that' Mr. Snowden said that the impact on the Spotted Owl is not a proven fact. romMr, Streeter said that the subsequent l.etter/tc'hangeidfrom them original position. Now Mr. Shute appears to be objecting to the clustering as well. pec. 6, 1982 �. shute send tho►t was ,coftVat, (-3i.nde there iA no deer herd going across there, clustering is,unneceosary.. ; Gamy Lippincott, the engineer, said he did g "st see hoer the rap showing' thea proposed c`lunteri¢ dict not appear to be olustering the Whesites at a-1. 4:;, Thi sites are aGattexed Mr, Mendonea .agreed that the sites are.not in clgater tormatian, but apptkcaitly thecidea ii to -have the homes placed tovari s the road and, lave the a'eat "towards the 'bank of thn- lots open. 'She locations itlantiSietd sppea r to, be very approximate. There is probably ai le immY of several feast, although the variation could probably not .bo so mulch da More w;xbinqu.�lt gelid that, a cluster could be achieved also in the Area _ near the.northeadt corner of lot 2. and leave a corridor to th.j_rest, ::.. would .tilt. Mendonsa said that/push the corridor more towards fere the sn al3�er parcels axe to the vesti, Mr., Lippincott objected to the term"al°,isterrftBand said that the individuCk property owners should be allowed to choose their Wn mlt*3,w. MRING CLoSFD To UJE PUBLIC AND CONFIM To THE ADVIson AGENCY Mi. Be 4said that he would quare locations thoutdlooking at the pY, opertle y again, Five acre parcels would noir aal4 be fine in that area .pith the sell that is there but for a specific site that is a different matter. There would bn a site normally somewhere on 5 acres, but whether these specific sites Voids be okay, he cpuld got be etre. Mr. Mendonsa said that the applicant and his engineer ire objecting to the clustering in the first place. He did not t'r nk there %fas any reason to continue the item so Mr. Reid could look at the sites. The committee's decision appears to be vhether to require the clustering or to disregard this input from Pish and Came. N Mr. Lippincott suggested that if the project is approved with clustering a condition could be added to verify that the sites would be adequate for sanitation purposes. Mr. Reid said that the applicant would have to accept the mitigation measures. RV. Streeter thought the mitigation measure should become a Planning coi,.clition, since all other problems hate been resolved and the project need not be denied. Mr. Metidonsa said that this project is just like all the teat that have an impact on the deer herd, He dia`hot see hoer a negative declaration -ould be granted. r Tice. 1962 U ;• Str�etr+�r q�e3ti�' ii' t;1`�a ��+�7.iapat X14 be iiilJliirsffi: t:b mince a ao.E.t��it- + ta�•',homdait.e locations► anywhere on the property. ; b . Shute said, tjAt he was not.` Wid said that if the applicant i' agreeable t&the' aap With tktes red sCjti"']Ces he would need to lock at the sates 0 but that would be ol+aiy,. IZ the applt;cant Is not agreeable to the sites, the mGp should be,)dehied. Mr. Streeter said that the property really border the deer 62?eag. Mr. Reirl stated; x trill, make a motion to deny the parcel map for, RorAld.. Shute on Al? 56 -al -61, finding that the Dept, of Fish and Came has Jdehtjjjed this an a biologically significant wildlife area ana has proposed tAtigatidkI measures Tor the ,project that the appl.ic4ht does not 'wish to have in for'ca therefore the possibility of an impact on the wrilAl.ife area exiats and the project is found not to ao#ly with the Butte County General, plaza. Motion seconded,-'oy Mr. Mendonsa. Mr. Mendohsa: AYE Mr. Reid: AYE Mk, Streeter; Na Motion carried 2 to 1. :►+.r. Streeter though the clustering should have been made a condition and the map approved, r!oting that the applicant did not agree to the. mitigation measure. The Dept. of Fish acid Game has moved from Position of saying that the project should be denied to saying that the parcel; sides are acceptable but that there should be a comittment to homesite locations, a P-, Ronald L. Shute, AP 56-21.61.0 11 ptancels- approx. 2400 ft. east of State Hwy. 32 and Garland. Rd. intersection. Garland Rd. interdeets reel. rarest Ranch area. Engineer: Lippincott/Guth Associates.. q-1tinued from Nov. I, Mr Mandonaa said that this item was continued for iuM&d do ilt from tht �+ Dept,: of Fish ansk Game. A setter dated NoVt., 1.8, 1,932 wasy h. was %e result of an on-site mr eting with Mr. Streeter, Am SA00den, Ronald shlate, Mr. Shute's sons and Jim Dod�%on, a neighbor) II . Mar. Streeter bAid that the l.et'tsr referred to p] attizig the 17ame0 -nbti where indicated on the map 'by little read squares,, Thiry majp •was not sent with the letter. It had been discussed putting the h6m0it1J nor the blurf line or else by the road. HEARING OPSM TO THE PUBLIC Ronald shute, said he received 'k copy 'Of the letter from Y'r. Strdoter. There was ta]k of clustering the homesites, vhich he opptbses. There It still no pxac3f of deur in the arca. Placing the homesitcd doge tb9dthtt" 10,not attractive 1;o buyers and. not conducive to deer p%ths. lex+. Siutetrs engineer Vould discuss the isdUe of proof of Vater. Also there is a new „ item about deed restrictions. Would' t4at !Haan that someone could not split the 23 acre piece to 5 acnes; which is in the aeneraa. Plan?, Mr. St?;eeter said that the Fish and Gamd Dept.' has moved from a position p g pp na .cluttering. e Mcuese sia�n �i royal to recommending l Alec, Mr. Shute said he would like the clustering defined. , would lite to see some actual data regarding the dee. herd. There was di,aciission of clustering and the fact that; the map with red squares was ,;sot available. Mr Mendonsa recommended a one week continuance in order to ObtAin the neap in gi a btionP Mr. Reid said Le would like; a clarification of aced reAtrictions Nov. 29..4 'Y ADVI80RY AGENCY MMUTES tUT'Pj' C)UNT 99' dot biboe P-9 o V82 111r, Mondonsa said 0"that deed vt6ttictlobs are a private matter -botlteM,, this owners themselves. Sliey, cannot be enforced by the County. Tho!.' County cannot put on deed restriction prohibiting rurthdr, d1vIlj6#I the property. Gary Lippincott, engineer 0 said ,a continuance vas okay with hit';,,, tho - applicant Is basically objectLlig to clustering. The other iasuib I& thA ?rood' Qf'WaLler on paiceis ovor 5 det:,4, r size. Mar. Reid suld that the atUadhvds hAve not changed. The 'factor is that the map must also couiply with the General. P)Axi which requests that there be evld�oce of water alailability, Mr. LippincAt said there is a conflict between 4%r, atalxddras and the Gane)?t,",l Plan and one sboUld bi changed, Mr. Reid agreed with that, Mr. Streeter said. that proof or water didn't necasacrily mean atillitt.6 well$, hh"'tWt t dohsa said thahe burden to placed oft the Health Dept4 to decide v4te,t- Is ajAilablei Mr. Reid said that since the, R-ealth Dept. mui3t decide if water is avallable, they muot also decide whet proof In sufficient, The Health Dept, Wet be sure that Water In bom, found on, each parcel. Thio may rdquirc d-tilli� g'j wells. 0.1i parcdL- over 20 acres this does not apply. There wits more discuscion of what "water generally available" means, `jhtg?as more discussion of clusteving.and deer herds, and whetuov the doer area ate or , lit"ING CLOSED TO M PresidentsUBLIC ANDmigrakitsCONFI98D To THV, ADVISORY AGENCY the, 0.4!0,,ahla continued fbr one week. ADVISORY A09NM CY MIN8 11/20/8 2 Nov. 10 1988 o BUTTS COUNT'' ADVISORY AQNNCY MTNiUTT:S Page 5 u �.. PTor�m�isi, 11 1982'� W. Straetgr seed:' have rdvieved the mtivifailiuehtaI rev'2eIO oheokS.i t i rAkellF, s motion to adapt a n ative dcelurntion regarding- for ' en the Don and Dartrel,t 0dtdr ProeP0661ma �p on AP 39-�a 92 no �' �. tba t 'the���o�uneiata Project� is 3n cohformancd with the Butts County Ga%k�ei�. i�lact `�1tid But,tQ COLWty ZOk-"'' ",$• MOtioft seconded by Mr. Snyder 4jad as LedIf , >. e Otra�itsx telt, noting'that a ndgat"ire d'c�cl�rati.osa �, ' ado�ft:cl�i c to apsrove the tentative p �CQ 4 1� IJ1� Doh �YiGi v ' itiala ak-26 t* Oil A �9-06- � : u edt to the Poli, wing oohdltiokiw o ` ]Polis We lq. conditions firs: �a5 ft bU!&ldjng setback from the cdnteriind o`tidi.:. ft \d a 50 ft, building setback iiii� from the c�z�tex] n6 o.f` Mjgfi 0416ot 1,1eowents of record on the fine- tz , sa ;► ��� any age�����nt� . , 4-Obtain arcroacitnaht permit for all dlrivv t ays, „r�1� ui �ciat rw tltd aohsttoct to Qbunty standards, , `M� delinquent takes, - , ( + j Q i reVirements of the Butte County' fit s " Health BPI �rtulant coh$3ti.t;tls ares { 7. A-O'ide A 100 :Cb- leaahf.Leld:t,oe setbWk ars++ d dx" b:ang vallat" tither witWA 1:60 ft, of the prapert,� bout t on Gtt�b sit . i, 2' and 3' (Dote. there is an additio, �::::, southerJ$ of parcel 2,,, 140tiOri sdoonded %S �' Drs S n�rdea� stAC1 C�axiQd L1iLE;Y1�11.Cilitla. ` �-.tscs�zas�sxa�ttty�y',yy�+t!!'eM�s'a � ' Ronald L. Shute AIPdw�:-61 5 , paxccal a,pprL.. AW tt. on6t of St `Q H� ,ry. 32 %ncl Garland Rd� �.ntex�seation. Gm;:land 114i, rote-adjets ,parcel* l+orest Ranch area,. Nngirieer,� r4pp3hdott,% Cath Associates MARMI, OPN % njE mBIIC Oxer Lippincott, of Lippin; ott/Guth Associates, asked that condition X10 be daletsd si17u� the parcel is in the middle of a rejadway {khat eont1huea ori „ Mr. Mendotsa said that the condition re3ates to parddl 1. "��z�aol lt, +pan be added to the condition. Nov. 10 1988 B6TTP, 60 , UOTY ADVISORY AGEDtCIY mwuns Page 6 11OVOTbet, 1.,, 1562 mr, �10- I AP, t Baia thlit r0garding condition #3j since all the j*rcels" are O'�?Z`5 4cV�66, thqy-_4� hoped to bo able f -O 04t the Cement on the M&P rogalv�d ore Mr- �qder said tht water must be Proved even with 5, acre pircels, qtp' 02"id1haace has always stated thJ81 which Ite vhy it is now being required., Mr. 8tre ter said ,that water is a:,Oihg aski3d to bo proved in, &.ft", vhdto; it is not oertaiis. Th6rd -mas a discussion of vatei,_availabiiity in tb. "area "and th-d"tthfis id'a doubtful area, Mr. Shy4-or said that boxor6 tiv* fin&l map is reddrdedo Cha propbrty be totrle4edj and If At that tite water has been plroVed or the has enough evi�dnce that 144ttt is available) the sta�teiwnt could bi put' on the Map. UPPIzoott said that his client) Mr. Shute, Votild' have comwnto regarding the Planning Direckor's Repbr; and the Dept. or Fish and %biecomruents, Ronald Shuto, the applieant)' said that regarding �mter, there aro hand -dug Wells land springs on the pr6pdtty. Water should not be 4'pr&lem. Mr. Shufv said that regarding the door herd --it oomnio from the slopes Abovo Butte Meadows and inakip. It(goes dwin to JonebVill(s and to the gar* reserve. Mr. Shiite submitted a map of the surrounding Sections and explained that most 6C the suiVoinding Sections contadn large parcels Ogkod)y tjinbar companies. On ".7-ation 280 directly to the south) where ir6portV there ave mahy,,small parcels including a parcel less than Ono &h re. Royal Drift Estates is in the notthweat cornet of Se6tiofi 27withthd'rest of that Section being large Th6 groWth patt�ifito stopped by the lumbet.'.dompanies. This property is just about JIle last priVdtely owned peas lath access to RVY. 32.1,1i this area'. . There -is already,.�t. east west lihe built up which vdald stop tiiiAl TehaW I a Dedr, TfdiM if it Came tiroizgh Chore v: ich it does not, The deet-, go to the gaze ronetvd or -,%g Woo "reek canyon. There used to be a lot of deer in the. but very few p66,ple hunt theta abywore, When Mr. Shute ride's mot)vcydIos through the area ho doesn't see any deer huntetbi Shute said that regarding the alleged Spotted (VI, he doesn't think the" exist in this area. He rdtei.red to Roger Petersionla, Gtdde to Western P—ii'di on page 162, and claimed that his property does not meet the description of the Spotted Owlts hdbitat. Mr. shute referred to The trandbbbk or California Dirds by Vincent Brawft and Har=e Winston dr., and eatd that on page 150 Itoting the vdtv rate birds, the Spotted Ovl is not mentioned. Mr. Shute claimed that there is no deer herd in this area nor any Spotted 0,01a. Even if the property is split into 1"gor parcels than ~Neat is proposed) Mt, Shuto with his five dogs and someone else with a dog WbUld keep- but any doors Nov. 10 1.982 Y Rr% AUTTw ('fi UTY ADVISORY AG8NCY 'rIMMS page 7, �I Novelk%er 11 1982 M.�r. 6treeter 81kid that, the bo6ko eferred to are not site aA>aoifia. The, local people and the R�udhp, ,Cordc7;�k off ice- 46 have moms knc-wl edge - of the area. (The letter `mom this Fish and Caiae Dept, was soneething or A su6rise because they were sept thesnap only because the property is nedt~ the vJl41Jfb corridor shown ora a mep in the Planning Dept., C� j ce. ., The PlairW ng Dept.,', is not,pcepaxbd to take exception to the c'ommantw firm The Fish and Gane Dept. alnee they are considered the experts on th6 subject. Mr Shute' misted there is no deer 'herd in the itram. J ,� Mr ,,�Straetbr auggested taltikiag, i b Jim saciMan. -, M>r. Merklonsa suggested informing Mr. Shute of the i�aeating the Dept`1 of " Ptah akA Game vill be'ha'ving with Butte�Courlty ofrlcialm. o Ctrdatee said that the metll2g would take pla" a t efdre thy►, bots Supervisors Pince so =ch interest has been shown in the subject, Mir, Shute suggested that the Planning Dept, ah�'uld baQonie evortisd in the subject of Vildlitd. One point is that deer will not feed on top of a, uwuntain in 4 ft. of snrtr. Secondly., deer, don't stay on tole of --_ mountains. They go over,,thew. They traverse mouxtta3r`a nn eidahil e This property is on a mountaintop. Mr. Streeter said that this -should be discussed 'with the Fish and: Came Dept. Mr. Shute said that his contact has been kith thk ; PjAnn ng Dept. W. Shute knovs:more about the subject than tae Pl�4ing Dept. does. Mendonsa said that the Planning DIxector's R' epirt quoted a secZ:3ou of the State MAP .Act that does not allow inuch leeway. -`Although imuah of What Mr. Shute has skid is valid) the Dept. of Fish,and Ga»e is supposedly the expert opinion, if the?{ feel, the project wil-l- have an-,advorse impact„ Section 66474(e) says that`the project must be denied. Mr. Streeter, said that pex'naps Jim Snowden and someone from the Plarin.ing Dept. could go out to the property and consider the situation: .Mt, Shute said., "There, ain't no deer on top of thAt dad-gumed mountath.�� He said if there are dear up there and he moves tip there with five dogs the dear won't,be there very long because some pot Farmer will get the r deer., Mr. Mendonsa suggested cont rvaing the item until after the meeting with The Ash and Cake Dept, Lester Hardy, said that his famil;; has owned property in the area since 1929 and has neVet seen a deer herd or a Spotted Owl. lid said that whoever is respobsibld fore this situation should be nailed to a cross. Nov. 1, 1982 s BUTTEE COUNTY ADVISORY, AGENCY MINUTES Page 8 November. 1) 1982 ` Wilma Faye Moore, Mr. Hardlr'a sister, said she agrcos coavletely, with hot broth0r, the only' deer Ionthe property are strays and�,atid has never oden an owl, thea. W.'$tretter said that he 'would, conta tt Jim Snowden of the Rancho Qr \' 11 Cordova ogtice to Neve someone get in,Sbouch with Mr, Shute. The item was continued to Noir. 29, 1982 vhich would hopet'�tllY ??e .al't'ar the Board meeting xith the Fish t,And Game Dept.,' w�nwmr.n wwiM�Wrwll 7. Sandra L._'WherAP 65-49-26, 4 parcels apptox. 2400 ft. inortfi off. int-wseetion dr Nimshew Rd. and lio*ug ltd., went gide 6i+Tit�e:bo;�, Rd. Paradise area. 'Engineer" p� 7 th Assoct*teg En ittee�:'. Li. 9l.ncott Gu �1 I Iii' I NG OPEN TO, TM PUBLIC 1 Gary Lippincott, engineer, said he would have tb prove water with poodle r\ � plenty _ _ , li less than 5 ac,,,es �,tt�L had.lent of om the Arcl�aeoloaical Societ still Mr. Streeter said the Jim nning fir, g y had to check; out, the property Cor historical sites. There will be A condition 'to cover that. " HEARING CLOSED To = PUBLIC AND COPS' ETO %39 ADVISORY AGENCY Mr. Streeter stated havingreviewed the ehvirbnm�entp'i,roviv iheckli.dt I will make a, m.5t,ion to adopt a ne tive declaration ice ardift *a p environmental impact dor the Sandra L. Wherry �-ree magi AF' ba9..26 p r noting .that the project conforms tot t he But.__ 'ant General. Plan and Zoning, Motion secbnded by Mr. Snyder .and`d ,irklbd umh1mously. , ALr.(fstreeter :stated: notingthat a negative del` aration vas adopted;. I Vjjll make a motion to approve the parcel map f6r, Sandta to Wher--�.y oil AP065-49-26 subject .W) the following conditions: a �ubl li - Works, conditions are: 1. Verify ,legai access to parcels 8 and 4 2. Provide two-way traversable access R -8 -LD -1 to each parcel from a county maintained road or state hightiay. 8. Access to be reserved in deeds as per county ordinance and affored for dedication on the final map. 4. Show 5o ft. building setback line measured from cc-iterline of access easement. (sae fal.lwing page for remainder of coiiaiti.ons) Nov. 10 1982 s M 11 � r sl'AND d F, NAT�U AA l WtA1Tll AND VEA-UTY .• , u.. ' DE p i�Tt�ER T iJ� PtJ�li.1� -�YiQF1K�3 CLAY CAStLEStRMY, � ,Oa*cr I1r11�Cd,} ���„,' COUNTY COTO DIR 'E, 00tOV1'LLt, CA�1�4�kN9A fs�x+ WILLI* Wo St� Tavenber � f � I P', .--null 1. Shutd 1, 11(U i Ai ITC, KO,yt1�OK '3'8, 'r;yit pAicho CAQ5!0 " MentRt eR is L 1F { �i II ,far Mr. shute: At the xid& .Ar liteting i� .F�C �itte �0�11tyrAdrisorY Agency hLijd 4Z Vbverdber 1 , m982, the agency contirrIOd 'it revit4 tit the. erbo"—identified sub jeot tb Notrember * � a 98� dor further dUdligeidOx of the oildlife habitat of 'the migr- itbry deer hetd �►tW, the spt�t;ted :v'Ni. di ! hl�"Xeeting 1411 1e610006c,e M+t90-00 e,m+ 1''A the Boa)SA olP $tit rVig6r ''' Road 25 _Countya Center Dar"ij,�; t7rgvil3e',, A,« , Mlt;41.4 ybll hllve !P�y gi�ea.• bne regacdfng +1 attss pl.A,contact 0�1�Ce. , I �y Vii`. - ^ DireotOr ifl4 LMend— J hYl JM/de 'Dirtotot "leaYth Uppialcat�,/Guth Associates „ AP 56-21-61 III* DXgCUS$ION OF RIMMONIC-NIML EVALUATxorr Pra'ect Ilescr'ip! iota Pane- 1. # ,:,13rief I?escripton: To ntajive Parcel reap to create .four d fair mo�+ht*Ait► three of ,S aG, s + and one of 13 acres a recrcati+i"nal homes`ites. z Location,: App` roatim`ately 2400 feet 04s a o � 5tat'e Iiigh+�ay hd { Garlaixd Read intersection, Forest Ran6h- area► ;, Public Roas) . A portion of Garland Road Road(s) : Access anNearest �-�y access IOWA be to the south traverses. the property, primary , of Garland Road-o and then west on the moire improva�d Section. tetsCs 4, ri�otlYod of Sewage �ispbsal. Septic sys10 Sources of Water Supply Individual Wells $` : lC mile extension required Proximi-ty of Poo4r Lines : I4ont for � f 7> Po eixti.EtY for further land division and development: 'S�yS• zoning; 'parcel 4 could° a`rcelsc Yr 2 and 3 under current potentially be divided into two parcels though topographic r' limitations are present. Bnvirogmenta.l Sett- 1. �exrain a. Cekiera 'I'.opa'..taphic Character: Gentle ridg�eland on the western Pori-ion IdLth slopes of over 30% on the easterh portionbeyond the .canyon rim, 1. 8loropes. 4-7% on ridge to in excess of 30 on the east portion of parcel 4 and northeast corner of parcel 1. c;. Blevati.on.. 3000-3400 feet + ASL d. Limiting Factors: Steep terrain on portion of site. 1 2 `"So ;1s m. TypLs And Characteristic%: .liken ;soil series; depth rang+e 10am, subsoil of clay; ;. of more than 5 feet; s�xrfacd soil of moderately slovr to slow permeability; moderately low runic potential, medium to very high suitability for timber suitability for d%tensi've range Production; low to medium bo, Limiting; ;lopes, moderate erosion hazard. Factors'. Steep s 34 Natural liaxards of the Land Baxthquake Zoite. No specific faults .in the area. a. b. E-tosion Potential; DJoderate-High c: Fire Hazard! giigh*Extreme d Landslide Potential. Lnw�D9oderate e. BxRaa sive Soil. Potential-, Moderate 4. hydrology toward ,t. Drainage/surface }+later: Property drains to the north branch of Butte Creek; Platte Lavine ai7d thence to the gest southerl portion: of the property drains to tributaries of 'Little Cri.co Creeki Append x F - pane 8 of 9 1`S MAYBE n tL0 �` ��. Mandatc►ry F"�.a�'d:n _s s�� ►�rii��.cana " Hoes tale project havo- the the potentit o.f the to deg �rde quality Ch* h 1bitAt Of a f:L`gh or 'wilallfe } effuse a fish Or Oildlife itioh to drop �.Plow self •�� popta "M s�►at '3n h i R1t is., tilreatet1 t , ;' (' \, , ��.fm3.�ate � pl�ntor a:�.�mal corn• !ed+uce the ltum'ber a re tr of � ,� ,, . the rAn.ge of a fAre or endstlgtred pI;knt or ap'imal or elitainate ;impiartallt examet of the moor pexiodis of 1 oX"�►`� history ter b., Do�+s fixe pro je?ct h't�.ve the potential short term beneiiLs to to aoh9L 1 of r,tel tho i i � me ta. e'Pals lontdtth t1n acts which Dais the prof dd hava p y „rr� ridivittuaIly limited, but e? c¢y��sarlerabl�a project . E, eumul"tively may impact 00 twa or mareseparate cash iresotiirc ,s where the ixmJ%ct an is relatively mall, but l:i resource ��er,+e the effect of the total of is those impects on the eavironmeti � 4� , ` daI2oe, the project ect have environmertt�al i; Clffetts which Will cause substantial r c " adverse effects on hmnan beings, indirectly? dither directly or 'J) 0 I` 3 <' Appendix - .page 7 Oi 9 AP 56-21-61 DISCUSS'liA Or ENVIRONMENTL EVALUATION (continued) b,. Ground Watort. Unidentified; Forest Ranch Ridge area has variable quar.,titiles of groundwater witlill-mited well c. Annual Rainfall (normal) 6S.16 inches S. Vbgetatloh., ' Transition Life zone,, yellow pine forest; no - known loc&tiofit of Taro or endangered plants at this lo-a1lty'', 6. Wildlife Hab tat Site provides good hdbiltAt for 'resident. ASA s otti I 1hi rator Wildlife pecies, eastern 'on of site Iles wNlhin door 'migration route for the fast Tehamik,her'C (F 7, Archaeological Resources in the area". No vd0-b'1rd6,4 sites-, 16V sehgitivity. C butte County General Pla'A do'3ignatidiiI. Agticultu'ral-,,R61sldentiil, Timber MoUntain for eastern portion. �9, txftting Zoning.- TM -5 10, 13xisting Land Use din -situ: Open forested land traversed `by Garland Road right-of-way. 11. Surrounding A2'64; a. Land Uses,. Di.%Pers.ed residences and forested lhodo b, loningt. TMi-S, TP -l'60 c,, Gen. Plan designAtionst Agricultural -Re'siden'tial; Timber Mountain in most of the surrounding area. d. parcel Sites! 5=616 acres -, generally 10-20 acres or larger. Neatest Urban Area'! Chicoj 18 miles + Fire Protection S'etvicet A4 Nearest County (State) Fird Station: Forest Ranch Forest Fire Station nearby to the west; Forest Ranch 'Volunteer 11,24 within 3 miles b6 'Water Availabi3ityt. Fire trunk capacity. The following environmental cnncer�At have been identified for this land division. lbic,et- Soil disturbance and alteration_ from gradin uaPotthtial for soil erosion. Since proposocl building sites are ava l ble,on each parcel on slopes of less than 10%, these factors are not antiiipated to be significant, lh- Potential earth movements from alteration of land near the canyon rU, Sh,, Reduction of groundwater; provision of an adequate doindstic 'Witter supply to each pdtceli The Division of Health will require proof of the required quantitie's' of dombstic water on 41 pltc'els. 44-0 Removal of vegetation in roadway and building areas. SA: Further reduction of wildlife habitat,) effects on the deer. migration route for the East Tehama herd., Clustering of hometitdS near the access road is recofnmdndec!4 AppondiX V - page 84 of 0 • �� t�i��11�S�t1f1 �� �NVx}t€�NMCN"Y'AL �'V�1�.1.�`C�t�N (oor►tii�ia��d) l�� ?, 1 ' Po 4'�ition toi�rtk iiri utY 4: p � , g o ilii area oft6t�atin 3.uetO*io0' doMand. tot Publid setvicet k k 14'rnvewl nt and maintc nanc t of- adriond 'Rod Pto n this Pto j�ct. site to th6 Aoatest,,Covnty of State maintbdnod �to&C 4�9minutes'*, c ROnto' times fot the first 'b tt :Cato bn ;�r'n�os itfb tS 10 a, t qq , h ,t i M Appen P page By of 4.,, r , $Art C!1t CAlll'EfRM115t7llktlE AOi�i�CY .. ,. �UMUt�tY,(3,t.'�Si�Pl'1 j�,tSsviHlnr" DOARIMENY OF MH AND GAME $ 1*91 1111Ati1C.13t?Ap, 6VIm A "w"6 sc>*&o ' eAtioOowk m*6 (916) 355-7030 0 (i Nove"mbeir 19 198 N a stele 8�' rkete � Butte County,;pianning Commiscion county Center Drive Orovilier CA 955965 year Met. St,reetert `fibs 1�eparttn"ent ,o�E rich and Game has revived its position on the Ronald Shute tentative parcel map (A•p. 56�-2,1�C1) which proposeZ four parcels on 39.36 acres near Vo`test �tancl7. Since ac��t�3r►3ta°� propertid6 have been divided into five-��cro parcels t the ptoposod ' split would not oaute a significant a>�ditionaJ barrier to deer migtat'ion providing certain mitigatidin m'basures are adoptedt placement of hoine sites as indicated by red tgaaros on the ditdl6sed map should be required to reduce the area of Leer_migr,%w tion corridor and s�ot.tea owl hvbjtat to be impacted. , Oeed restridtions prohibiting furth�jt splitting of the parcels should also be required. gesouroe Conservation 7oning/Mould be adopted on adjacent peoperties of 20 acres or 4'lsator size. Such zoning would 'Help to ptect hnr as the existing toning has failed to holdatminimUms, recommei?dedby rich and Grine when current zoning was adopted it the Departm0nt can be of furthez assi'stancet 9;lettse contact Jetty MensChr I,nvironmental 5ervlces Supetvisor, telephone (016) 355-7030 ;6 incurly;Ly pt��. Jensen Regiohal'Manager Sr;��WrWo� C!lY� i�kNil� I�UUl1lti is Aat rrCSr uravisid , iltd)Wti„)k„ Gnvsrhol tOOTMENT OF''FisH AND GAMS RAYi�t�C1 CORh;�V , Cl�llk$Itltll�l '�',b�Y� . + _ ow � tx:bbber Na 19132 Z , 14rr $tom Str:�ter ttb, tjuhty pl6nhing bepartmmerrt I CWnty Center Wva Ck'cyvritb,lr~ r 5��� �., Debt Mr.re2S,. 0 DePat� . nt of VW4 am Gyle, , Cnal.d Shute Tentatilft „. Parcel for a fotrr���atcel split t� = . 1, �i ,, ti �'7,G acre rieat ritO t'R 7 I%W pw4ct: lies astride a migration corriddr for 'the ' m� 4 11erd► {� Ziativd irvacts of this project, cokVlea With othv low stand iso in the Garlarxi a'reA would fon a k--drtl. t to migrat Pry deer* The project wrluld permit parcels SMI -ler tht to tbe 40" acre a+j himum parcel site nece6istar;y to prevent a blockage of migtatory np i't? of special concern, the spotted oRa1, odours in the area. ,kAl poircels ww1d also be a threat bo spotted owl nest sit0- - Ze jxVarb-sent recrotm b6s the parcel map be denied dtxe tol adverse l� bpaots on Wildlife. ' it the Depart wnt can be of further assistance, please oohtact 4erry Wnwh, 3;nvirornehtol Services Supt-twisor, telC+phonLs (916) 355-1010. ` Sincerely 4'Paul K�aenr�sen , Regional Mager ' t3flb Ga. Mcttrtth m. 't 1 O C T 4 ) ��8