Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
82-42 REZONE FROM TM-5 & TM-40 TO PAC 5 OF 7
H 00 0 0 V 01 04 ri O O O O O N tf] LY] O Q O 0 O 0 rn to, co O 0 (b .a ra m W to to H a r -i c; jo CEJ Ol GSI CNI -;ft 1-y tm 0 ri 0 In O a f O O O O Ca O O` 000 O 'qi 'co ty r -i 7 W h 0 to 0 O N 0 to d+ M to r-1 H lzt 1 Nm�+ ri t�Cl h 0 1141 -14 m 0 0 1.411 ' M C'A Col. Ob M r4 } to to O 0 0 :0 cr CO N-- G Ci Cl ciO 00 O to to U-) S9 CJ CD 0 a 0iri O CV N N t t ri' i-1 0 to (D CO W P4 W 01 tom- CO O � H C`1 000 0 L C\ G� O 0 O P. 1, 1 . a i ► -7 ,C, to O Nc"I, 6! M 0 to � N CV i t Ol 0 0 0 00 0000 co '+ t cs O 0 4'a O In it+ to O N t'7 N CV M f- ata a O C5? �+ �i 4 in to a) 00 0 bL Oo Olo �OcaC a o 0 to 0 to X �4 '� � � u� ci to �ti rl cit C�i e3 0 + i; r t CV t�1 i d � ' ,'' ltd rpt t�4 t w i - 1" 1. �I C'- G) C? N cor-i 4Q C.1 i5) 0 O -4 a t- ! n: c- N o C+),' aco Co t: O O O C In C) to C�` O p p p s a+S t*• eN4 cd to 10 in LO U7 In !n a to N cl O mr"i CU ri Irr H G U ' Cr` � ►►� r{ C) [`• tS'1 ebb N p, ri �'1 00 hi N CL' a L`� to bra M "41CO C3 O LV U`� CL1 OC yw+ Cb in N r«, In tn H l!] a 00 H �� ° o, w r" cli b w to �o ►-� "`� a � n is �..3 w a � ,.�� � � m o w y, TABLE 8 -00ST/BlENEFIT COMPARISON YEAR I YEAR 5 BLiILDOUT 2 Unit8 10 Tinits, 21 'Un i-6 1150)000 co8t '664 3,310,6,71 Home 'Inrorh6 826 5 454 12 147 Net 162 2)135 5,176 2n0, 600' Cost 664 3 , 319 6,1971 .14orne Inoome ' 086 6.444 7,4, 457 Not 7 4.86 250,-000 Cost .664 8117 6, 071 14ople Income 10046 7,434 1.0,101 Net 382 411115 9, 76 6' All valtie8 rouhded to n`batles t do! tar, .w t � REVERIMCES , County of Butte. James Jolla,nsen Auditor. 1982-1983 Final Budget: County of Butte, planning Department. Cost /Revert'ue Analysis, Canyon Park Estates - 1982 Eco-Analysts, 1982. Final BIR For Benton Ranch, Medd. Ling, Cali "Ornia. E.D. Nelson and Associates, 1982. Fiscal Impact Analysis for Rezone Specific Plan and Subdivision: GENERAL ASSUMPTIONS 21 units, built 02/year. Residents 2.1/unit. Prinlaril,y retired or older couples x r'"ro! 5,: y", w �� 415!~+ • +pSRw.���eL w w •�1 •' � Vii.-"RS^�,=iar Y:ata y�'~ t). .1+''� +''Y �. b E (� .ter.., ��1.'ir .�. .M �'Y l�'9•�FeE �•• �. �hli x !,•°��� � 'tet _ + �f` f_ PLANNING GoMMISSIdN i 7 COUNTY CENTER DrIVE - OROVILLE, CALIFORNIA 915965 PHONE 514.4601 Al L1 k: U r1t ti Y �• t ti S t S C `' G n t h Av e n u rti' �14ar a'l%. l.cc: Y liar rcpt t �s:ctl tilt "i w�a .L 'i i":�1 r t .:i1i11.;,'.: S ! tl r IA©taI•tcrn 1 L0 1,1:1llsY^ Ito r'011e, 0.11:1 It Scoms t4 Irv{ tilt �' vokii" I'it tbodoingv rli]Sc11co, 1 r .tl +� w LIQ MLIAi,tI,-LlL;L011 0r dila s1s; 'arc till tl .4"6lSta"Fid`. I t!it;l C11t ii;lsuI'.117t;f,k1 1l ycwu r:`"w+oFyt00 rn�!i;.}Tt7�i G' J.� ryiyy 4�i if l C,1 atw i"t- i, Y� y\ ij y{r /� /.. ! 1y1.I i W': t! t F" . y y all is Ei. t xd t:ac t.3 ta.es LI�.;° rt l l ca:tint�" r. ;t5 a,iw,c`c "at0 y.Lth t:r`I u ;:ac tI i tics . ,at 11110 1111.11Lie I:a. rLvaIl.�i4���i c a S w ry t (� r;:; C. i" T w t'. 4 C t ,i �,° ► k i � q r r 0 lii s 0 i t t` C 1i -- rl11 �1r rti t`+w c.; I'� 1'-r?ll'- �lf)":0Vt.;1'; rIt It y " r + l t l fr. r t.1.µ �al i�«ryi� t'1 CiL+. ti, Qr V l '1 tk .i " yeti 11.,y. '41 trl . 1t biy,li IIL� 01,t!3 t i i v ; c 0,'iSLll.i;i1.10'0, � lti iltlwltj(C,J1 tl".)I i,�i0' 7 L1C siwii`iL}':• t.i y �"�«aA. -scl do not 5001E , to,1:"Z: t110' Scali of, {It�s111Llt Vhl,Cl 1,001ltJfl�' (t lie rL,,, ;i:0n b1.b t6 1 i -,-0 � a t I cro'!7lC? 'y 1.) 0L�. cl'lout ;:p klol7t -,IsILr4Itlta.i le'i`c :ice,: ,litl S, o t O ;a'liIIC+liltx.hiil;1Jlt d ro'ttt oro �Ip u-i.fILC" a.ma.-j"Is "'ration oti,e � ccleL1"iic)I' Of t1us p rt«C.`'1tw1,go.— ust!d ro; t1he 60-,t o t ni roras tIoUll ty cl 1, Etcc05 r1pp 1.1 %tial LC' t0 res Clc:;�al4l ttct1v t.ic� iI1I11 tIIQs''0 tl �a1Lciii31� to, curime�`r~ial i11d IitctraStr dl ,'I't L v i uI.O: ": r F '.`tit 14'Imt to ti8e t11cS0 t 11 S110tt�4l go th r oL ,%,9r I a spot 111.`',: oftft,l,�'Sk O r1,IQ1:° tli�.t`i� �?'G' I`G-Ctt til�C-� apply to Butl.JCCOL1116,1,1 I tic ,nr:I1, 1 c!,d b th'it ClC rt Is tall ,tbstn'tol c curmt�,-vialb ba"ic l.a.111r da 1.0\:1 Ub'Ll t,tc 1,180 c � 1lil:�t~� acCurldtLi a e t;banzti;tr' �Ut icJ17 r'1 : t:Li=<« lati, i tpI thtit !;115.5 Cotitlt4` tlSed ,I l5ev to itty r.,pthcr~~I. In tho only, mia"1r.. s 't1,1It.11 1 irI`Lk alra ItII Y;I°1I I'I 151:{1'.1 tr I. Ii`13i1 1I; t110i`>r lta; ;liPtii�,C:�i t',11t :o11 car11, L'1k`0r-ttiLS jt0tcKly7;t,`I 1t111�1t1,rJ lr�,t" 9tL�Llip+a� 1117 1 t7 1` i l j' t tl f 1'^i i ti 1 as 'w 01 1 it to: 'L` �' 't"6` i t Cl L ii t a �� 1" l7 t,l 111 is C: i1 0. t t1 �� ' �, tills 'twirott at all . ; hif, l.-let�'10jolci�i}' ��ty'641 LcI t'cti�'11i 1`1? tl,y 1E 1 t , tl t` t� l a b 1 l ,1 L r- r t t:i i;1 + p r tirJL" 44I lJ 4 \,ill v� Y: o U u :..A w J 'w� l� \d lr 1 1 ��� 1 4 t S i � � i i l 2i��= l: t'k ?C t�'i' } � t'� C. p t� r" w i' C I 1 l l � 1 t1 ti71�. _ t1:1 t r � J alcti-.'i 1 t1 i J1C' ri , ou e co r o C., :.c i . ,J ��trt �te1t. tet �, r � t± , l`J;J1 �iI licl i�� lotLj L±� 1) 0 r'1au M. a rt Oro, turai Li � 1t /t r:�,zni± �riai i � 1' ra c t I � rJ tli i t l' � �` ICON Ll i; L it (-I, T:" �l i '�' C,1 I1 T an' i { i;i .�LC;ttC, iilrt t,let 1 11't3lilGi tliC 111i`k J�; t1t LLJi'C t1''( AJvCCl7 0Ki� l�()1:G`VC'Y'y i]� t�lUlla and f).O LJ ii it .1.s: I 10, tl".C:t")t j ab]ol �k� L ? o it Gy O r ►d L S i1 to t1 l l' .; 5 ii l 't°t tJ t:L'' 7 �� r � r t 11 Turp I,. S,,(an7. i L, KEITH s. HUMPHERYS RONALD r, STEWAHT ALAN E. BU17CHETT WILLIAM R. PATRICK RAYMOND L. SANDELMAN JAMES J. THOMPSON LAW Oi-F1ces STLrW'&'RT HUMPHERyS BURCHETT & R TRIGH APROFESSIONAL, CORPORA710N September 1.8, 1.985 Y DURG Co. Planning Comm MSSIONAL PLAZA �SSET RD" -SUIT 6 (..,O. BOX 7z0 C?rovillri, %Au#e9A 95927.0720 I (we) 891.6111 Mrs. Betty Kircher BUTTE COUNTY PLANNING COMMISSION 7 County Center Drive Oroville, California 95965 Re: Fourteen Mile House, Inc. --Land Trust Dear Betty. This will confirm the willingness of Ray Johnson, Jr. and myself to attend a public hearing on the proposed Butte County Land Trust, the preliminary documentation of which I have drafted„ please understand that the contents of the Articles of Incorporation and Bylaws of the Butte County Land Trust and its manner of operation are not matters about which Mr. Johnson or I have strong opinions. We have attampt0d to draft Articles of Incorporation and Bylaws which would provide for a valid nonprofit California corporation set up along the guidelines which had been proposed by some of the agencies providing information concerning "land trusts." Accordingly, we would appear as a source of information and assistance to the Board, but without advocating any strong position concerning its - organIzation. We do, of course, have strong feelings about the contents of the Deed of Conservation Easement which with the modifications which you requested and which are contained in the drafl; Deed of Conservation Easement dated September 12,, 1.985, we believe incorporates the intention of the Planning Commission and Board of Supervisors that "the development rights" be conveyed to a land trust. As I understand it, there is nothing further for Us to do with regard to the land trust issue other than to await the scheduling of the proposed public hearing. If we are in errore please let us know. Very truly yours, STEW T, HUMPHHRYS, BUR E fi &ATRxCK By - ~il AEB : d s ALAN }; BURCHETT cc: Mr. Ray Johnson, Jr. 4 Lam.. Inter=DepartsAtap'memorandum Board of Supervisors Planning Commission Interpretation of Ordinance as it relates to Conditional PA -C zoning land trust. September 11, 1985 The Board of Supervisors is given the authority to decide any question i.Avolving the interpretation or application of any provision of the zoning ordinance Such an interpretation is requested for a zoning condition of the PA -C approval.. When the Board of Supervisors adopted Ordinance 2348 Rezoning the property to PA -C on May 3, 1983, a statement was: included in the motion to place a one year time line on Condition 18: "Establish a land trust for the 156 acres, of open space." The first question to be resolved is compliance with the time line ;for a condition of the PA -C approval., The second question is whether the information submitted by the applicant for a. conservation easement deed and land trust is legally sufficient to satisfy the condition. The one year time ;line from the effect date of the ordinance expired on June 2, 1984. The applicants ,and _project representative were in attendance at the May 3 1983, Board Meeting and do not recall the insertion of the year's time line on Condition 18, "Establish a land trust on the 1.56+- acres of open space." The list of conditions sent out to the applicant following the Board hearing also did not .indicate the one year limitation to establs..;�the land trust. The Board should determine if we p have a toningviolation and if so what remedy should be considered_. Staff recommends an extension of time to coincide with the OXpiration of tentative map approval. as provided for in the County Subdivision Ordinance and State Subdivision Map Act: The applicant's attorney has submitted a Deed of Conservation :easement, Articles of incorporation of Butte County Land 'Trust and By -taws of Butte County Land Trust. These documents are being reviewed by County Counsel, and by Planning Staff. A land trust is a Private) Anon t conservation organization p profi formed to receive and hold property interest ;for the benefit of the people. if estar blished this Land trust would represent the first such trust withinButte County, information has been requested and received from the Trust for Public Land (TPL) a non-profit land conservation organization, in San Francisco as to a legal definition of a land trust. T.PL staff have also reviewed the applicants Proposal to determine if the information submitted by the applicant constitutes a land trust in accordance with trusts established elsewhere in the state. 0 Board of Supervisors Page Two September 1.1, 1985 The major concern of the TPL staff is the concept of a land trust comprised solely of three directors, two of whom have strong financial ties to the one conservation easement that the land trust was created to hold. A Properly formed land trust is a community based group of private citizens motivated toward a common goal, the preservation of resources The success of a land ,trust is dependant upon their Board containing people who have credibility with land: owners and have community support. The Board should contain a representative balance of interests ie real.tors farmers, merchants, economists, conservationists. Even though the immediate interest in forming a 'land trust for open space is a result of an effort to fulfill the conditions, of approval of a tentative subdivision map, there are trio other projects which are required to also form open space land trusts as a part of their, specific plans (Canyon Park & Biwell neights)i it would be appropriate in the formation of a land trust .in Butte County to anticipate a broader interest than a single project focus it is staffs understanding that there is already interest in Butte County in forming a land trust, that a citizens committee has been in contact With TPL asking :for advice & direction in tha formation of a trust, Your Board'srepons,ibility in interpreting the zoning code is limited to the consideration of the proposed conservation easement and whether or not it is a "Land Trust", Staff has attempted to advise your Board on the intent of a "Land Trust". With the exception of the formation of the Board, and lack of a financial endowment to cover the cost of management of the land trust, the proposal, conforms to the legal requirements. The Covenants and Restrictions are in keeping with the PAC approval.. The Grantor's retained rights should be reviewed due to conflicts with the PAC approval (page 5&6, 04,0lo & #11) The applicant is anxious to file a final map', in 'keeping with the conditions of approval, and the "land trust" is the only outstanding item. As an alternative, your Board Mlqht wash to consider requiring a note of the final map that "no further buil.dingjdevel.,opmont permits will be issued until a conservation easement has been deeded and recorded to a land trust." This would offer the applicants sufficient time to explore the expansion of the Board of Directors and establish an endowment : uUh6, V RECORDING REQUESTED By ovffa Co. Plaming Comm. WHEN RECORDED RETURN TO: Orovilley Calittomia. (Space Above This Line for Recorder's Use orly) ON THIS DEED is made the day of and between RAY E. JOHNSON, aR. and MARY LOU JOHNSON each9as t85 byo an undivided one-half interest, hereinafter jointly ca IIled "Grantor," and BUTTE COUNTY LAND TRUST, hereinafter called "Grantee": WHEREAS, the Legislature of the State of California has round and declared in California Civil Code Section 815 that the preservation of land in its natural, scenic, agricultural., historical, forested or open space condition is among the most important environmental assets of Cal.i.f6thia and has further found it to be public policy and in the public interest of this state to encourage the voluntary conveyance of conservation easements to qualified nonprofit organi2ationsi and WHEREAS, the said Grantor is the owner in fee of the Exhibit. real property here after described and more fully set forth in ""A," situated in Butte County, California (hereinafter referred to as "the Property"); WHEREAS, the said land. of said Grantor has great natural scenic beauty, eXisting oenness, open space value and ecological significance; and WHEREAS, the Grantor and Grantee desire to preserve and conserve for the public benefit the great natural scenic beauty and existing openness and natural condition of the Property; and WHEREAS' Grantee is orgaftized to receive ;interests in - real property pro ert for charitable purposes, which include the purpose of preserving real, property as open space; and WHEREAS, Grantor is willin to rant cohservat on easement as hereinafte g e presse , t andrantee thereby y 8/l/85 protect the present scenic beauty ;and openness by the restricted use and enjoyment of the Property by Grantor clue to the impositions of the conditions and covenants hereinafter expressed; and WHEREAS, it is intended that this conservation easement constitute enforceable restrictions within the meaning of 'Article XIII, Section 8 of the California Constitution, that this easement shall thereby qualify as an enforceable restriction under the provisions of the California Revenue and Taxation Code, Section 402.1 and that this easement shall constitute a conservation easement for purposes of California Civil. Code Section 815. NOW THEREFORE, for and in consirleration of the premises, Grantor does hereby grant and convey unto Grantee an estate, interest, and conservation easement in gross in the Property in perpetuity for light, air, view and for the preservation of the nature and t,,t-racter of the scenic qualities and natural resource values c,,,. ' k.e Property and to the exten hereinafter expressed., which ..tate, interest and easement wil result fre m the restrictions hereby imposed upon the use of thy: Property by Grantor. To that end and for the purpose of accomplishing the intent of the parties hereto, the Crr'or covenants on behalf of himself; h,$.s heirs, successors Id assigns, with the Grantee, its successors and assigns, to 6 id refrain from doing, severally and collectively, upon the_Prop��ty the various acts hereinafter mentioned. The covenants and restrictions hereby imposed in perpetuity upon the use of. the Property and the acts which. Grantor shall refrain from doing upon the Property in connection herewith aver and shall, be as follows: 1. That no buildings, billboards or other structures will be placed or erected upon the Property except as set forth in the r'eserv'ation to Grantor below. 2. That no signs or advertising of any kind or nature shall be located on the Property except for the specified limited purposes of posting the property and showing ownership. 3. That no use of the Property which will or does materially a—iter or disturb the landscape, native trees, wildlife, groundcover or other attractive scenic features of the Property,. including damage to said property by livestock owned by Grantor, other than chose specified herein, shall be done or suffered: 46 That no industrial or commercial activity Will be permittFt on the Property: 5• That nocutting or removal of trees for commercial purposes will be s„,owed in the Property, 5. That no deposits or dumping on the solid or l' id refuse septic systems this waste or junk will be a Property of any however that restriction shall not p rmitted y s and agricultural uses. apply to wasteovfrom 74 That Grantor shall property to persons for legitimaters ientaabfic ze access to said Upon seventy-two (72) hours notice to Grantor search purposes from A. A5 r NMF'*;T OP Grantee. aSFAiS2 _,ZX ISA UT assigned excepGrantt covenants tbAt this easement corporation P to goverijment may not be a agency or 2522 a' ► described in Sections 501 c a non-profit ( ) (2) of file Internal Revenue Coder ( ) (3) , 2055 ta) (2) and among its purposes the conservation of opnas amended r which has B. pace.. Of the No right of access b No is conveyed by thegeneralpublic to any portion Grantee or its ,agent v y this conservation easement. whether the use restrictions enter forth o t aboveate The Property to ascertain a times reasonably acceptable too -C. the Grantor. re being observed The obligations of Grantor here' set fbr be persohal to Grantor Property, and ► but shall run with th shall not restrictions herebyl impo ed1 shall Sbe deeand burden the restrictions running terms, Condition so and limitation, on the with the land and h l covenants and recordation of this Use and shat and shall be effective the be from the assigns of Grantor in the ownership of the elate of l bind all successors and D.CdNSmlrtrmr Property, IZi�,y invalid If any provision of these restric or or any reason be Boris is held to be provision shaf11 be thereby affected or inpairedd unenforceabler no other y act or any conveyance whether wrJ.tt contract n en or oral b to be used or would permit use of the Pro r or authorization y the Grantor which uses or, petty contras would ,y the 3 terms of the Grant will be deemed a breach hereof. The Grantse may bring any action, in court necessary to enforce this Grant including, but not limited i:o, injunction to terminate a breaching activity and to force the restoration of all damage done by such activity, or an action to enforce the terms and provisions hereof by Specific performance. In the event of any, such enforcement action brought on the psjrt of Grantee, the costs of any required restoration and Grantee's expenses and costs of Suit, including attorney's feesr shall be borne by Grantor or those of its successors or assigns against whom a judgment is entered, or, in the event that the Grantee secures redress without a completed judicial proceeding, by Grantor or, those of its successors or assigns who are otherwise determined to be responsible for the unauthorized activity. It is understood and agreed that the enforcement. proceeding provided in this subsection is not exclusive and that the Grantee may pursue any appropriate legal and equitable remedies. The Grantee shall have sole discretion to determine under what circumstances an action to enforce the terms and conditions of this easement shall be brought in law or in equity. Any forebearance on the part of Grantee to enforce the terms and provisions hereof in the event of a breach shall not be d,:emed a waiver of Grantee's rights regarding any subsequent breach. FTAXES AI�1D AS,GFSSMIMTS Grantor agrees to pay or cause to be paid all real property taxes and assessments levied or assessed against the Property. G MAT)STENA= The Grantee shall not be obligated to maintain, improve or ;otherwise expend any funds in connection with the Property or, any interest or easement created by this Offer. All costs and- nance, improvement, use or possession expenses for such mainte shall be borne by the Grantor. H. LIAnrr,rmv AI�U NbEpjNT>i.YSATrON This conveyance is made and accepted upon the express the Grantee, its off,cet:s, directors, members, condition n thatthe are to be free from all liability and claim agents and employees for damage by reason of any injury to any person or persons, including Grantor, or, property of any kind whatsoever and to whomsoeverbelonging, including Grantor, from any cause or causes whatsoever,, except matters arising out of the sole negligence of the Grantee, while in, upo r, or in anyway connected wa.tY► the Property, Grantor hereby covenanting and agreeing to indemnify and hold harmless the Grantee, its officers, directors members; ►,l agents and employees from all liability, loss, cost and obligations on account of or arising out of such injuries or losses however occurring The Grantee shall have no'right ,of control over, nor duties and responsibilities with respect to the Property which would subject the Grantee to any liability occurring upon the land by virtue Of the fact that the right of the Grantee to enter the land is strictly limited to preventing uses inconsistent with the interest granted and does not include the right to enter the land for the purposes of correcting any dangerous condition as defined by California Government Code Section 830. I.-;RANTOR'S RF TNED RIGHTS Grantor retains all rights, privileges, powers and immunities with respect to the Property, including the right of exclusive possession and enjoyment, subject only to the restrictions and easements set forth in the grant of the conservation and scenic easements in gross. The following enume)tated uses shall without limitation be uses reserved by Grantor pursuant to the grant of conservation easement, and which uses are deemed to be consistent with the purposes intended to be attained by the grant of conservation easement and are not precluded, prevented or limited by it 1. The right to construct and occupy recreationally related trails, picnic facilities and associated facilities. Z.The right to erect and maintain fences on the Property of the type which does,not significantly interfere with visual access to the real property and which are either low enough or open enough to permit free passage of deer and other native wildlife to and from the real property. 3: The right to install and maintain on the Property inconspicuous security devices for protection of the safety of Grantor and prevention of trespassing on the Property. �4.�' The right to place feeders, water containers, agricul.tur-aZl type windmills, and/or necessary sheds to accommodate livestock on the Property, such installations to be accofiplished.in such a way as to intrude as little as possible upon the 'landscape. 5. The right to remove any vegetation which constitutes or contributes to a fire hazard to residential use of neighboring properties 6 The right -to install or repair Underground utility lines and septic systems. 5 7 The right to use water resources cn the property for uses consistent with the terms of this .easement, subject to any necessary governmental permit requirements. 8. The right to employ "controll=ed burns" for fir#.: protection and habitat enhancement purposes pursuant to requited governmental approvals. 9. The right to take reasonable measures to prevent trespassing on the. Property such as by erecting fencing and/or by posting notices prohibiting trespassing. 10. To control predatory and problem animals, but only through the use of selective techniques that are limited in their effect to the specific animal or animals that have. caused' significant damage to livestock or other property; and 11. To fish and—hunt—water,fow-1- and- galne-animals at levels not detrimental to maintaining the optimum balance of fish and wildlife within the available habitat. All use and occupancy of the Property not inconsistent With conditions and restrictions herein imposed shall be allowed. J. S[JCCESSORS AND - A8STQNS The terms; covenants, conditions, excepeif�ns, obligations, and reservations contained in this shall be binding upon and inure to the benefit of the successors and assigns of both the Grantor and the Grantee, whether voluntar,I or involuntary. GRANTORS RAY E. JOHNSON, JR MARY LOU JOHNSON Ai3ceptea bys GRANTEES BUTTE COUNTY LAND TRUST Byt. STATE OF CALIFORNIA ) ss• COUNTY OF BUTTE r On this day of , 1985, before me, , theundersigned Notary Public, personally appeared RAY E. JOHNSON, JR. and MARY LOU JOHNSON, erso'nall known to personally me or roved _p to me on the basis of satisfactory evidence to be the persons whose names ate subscribed to the within instrument, and acknowledged to me that they executedit:. WITNESS my hand and 'official _seal. Notary Public STATE OF CALIFORNIA } ss. COUNTY OF BUTTE j On this - day of , 1985, before + �> me, , the undersigned Notary Public, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed' the within instrument as or on behalf of the corporation therein named, and acknowledged to that the corporation executed it. y WITNESS my hand and official seal. Notary Public —_ 7 ARTICLES OF INCORPORATION OF BUTTE COUNTY LAND TRUST I The name of this corporation is BUTTE COUNTY LAND TRUST. II A. This organization is a nonprofit public benefit corporation and is not organized for the private gain of any person. It isorganized under the Nonprofit Public Benefit Corporation Law for charitable purposes« B. The specific purposes for which this corporation is organizedincluae, but are not limited to: the preservation of land for scientific, ;=-,toric, educational, ecological, recreationalt agricultural, enic or open space opportunities. III The name and address in the State of California of this corporation's initial agent for service of process ist. ALAN E. BURCHETT, 3120 Cohasset Road, Suite 6, Chico, California 05926. IV A. The corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. B. Notwithstanding any other provision of these Articles, the corporation shall hot carry on any activities not permitted to be carried on (1) by a corporation exempt from federal income tax under Section 501(c)(3) of the Llnternal Revenue Code or (2) by a corporation contributions to which are deductible under' Section 170 (c) (2) of said Code, or the corresponding provisions of any future statute of the United States. C. No substantial part of the activities of this corporation shall consist of carrying on propaganda or otherwise attempting to influence legislation nor shall the corporation 1 participate or intervene in any political campaign (including the publishing or uistribution of statements) on behalf of any candidate for public office, V A. This corporation is not organized, nor shall it be operated, for pecuniary gain or profit, and it does not contemplate the if-stribution of gains, profitsr or dividends to the members thereof or to any private shareholder, as defined for purposes of Section 501(c) (3) of the Internal Revenue Code of 1954, or individual. B. The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of the corporation shall: ever inure to the benefit of any director, trustee, member or officer of this corporation, or to any private person._ C. Upon the dissolution or winding up of the corporation, any assets remaining of ter payment of, or provision for payment oft all debts and liabilities, shall be distributed to a governmental entity described in Section 170(b) (1) (A) (v) of the Internal. Revenue Code, or to a nonprofit ;fund, foundation, or corporation which is organized and operated exclusively for charitable purposes, which has established its tax exempt status under Section 501(c) (3) of the Internal Revenue Code, and which I s qualified to receive "qualified conservation contributions" within the meaning of Section 170(h) of said Coder or the corresponding provisions of any future statute of the United States. D. In the event of a liquidation of this corporation, all corporate assets shall: be disposed ;of in such manner as may be directed by decree of the superior court for the county in Which the corporation has its principal office, on petition therefor by the Attorney General or by any person concerned in the dissolution,:`n a proceeding to which the Attorney General is a party. IN WITNESS WHEREOF; the undersigned, being the Incorporator of BUTTE: COUNTY LAND TRUSTr has executed these Articles of Incorporation on , 1985. INCORPORATOR ALAN E. BURCAETT 2 BYLAWS OF BUTTE COUNTY LAND TRUL-7 ARTICLE I NAME, PURPOSES AND PRINCIPAL OFFICE Section 1.1 Same. The name of this corporation is BUTTE COUNTY LAND TRUST. Section 1.2 kur. The corporation is organized under the Nonprofit Public Benefit corporation Law of California exc.l�isively for charitable and educational purposes', within the meaning of Section 501(c) (3) of the Internal Revenue Code of 1954 The specific,: purposes of this corporation include, but are not limited to, the preservation of land for scientific, historic, educational, recreational, agricultural, scenic or open space purposes. Preservation of land shall be accomplished ,by acquiring real property or partial interests therein, including conservation easements as defined in California Civil Code section 815.2, and recording appropriate instruments necessary to protect in perpetuity the physical environment of the area for wildlife, ecological and aesthetic purposes beneficial to the public interest. Section 1.3 Principal office. The principal office of: this corporation shall be located in Chicoy Butte County, State Of California, at an address to be established by resolution of the board of directors. ARTICLE 11 MEMBtRSHIP This corporation shall have no members. ARTICLE III BOARD OF DIRECTORS Section 3.1 UVe 4 This corporation shall have powers to the £ull extent allowed by law., All powers and activities of this corporation shall be exercised and managed directly by the l • s board orp if delegated, under the Ultimate direction of the board. Section 3.2 13Jr of nirec ors. The authorized number of directors shall be three (3) . Section 3.3 F1 pgt on and Term of Office of DireIp-s. For the first fiscal year of the corporation, one ('1) director shall be elected for a term of one year and two directors shall be elected for a term of two years. Thereafter, each director shall be elected for a term of two years. Each director shall hold office until the expiration of the term for wihich elected, and until a successor has been elected and qualified. No director may ve more than two consecutive terms. With the exception of tt:4 ;i:rdtial directors of the corporation, subsequent directors shat" ne r" -tasted at the annual meeting to the board of directors to fill thi "acancies then occurring. Section 3.4 Vacancies. A vacancy shall be deeltlrt:, to exist in the event that the actual number of directors is less than the authorized number for any reason. Resignation small be effective upon receipt of written notice by the board, the chairman, the vice chairman or the secretary. The board may remove any director with or without cause. Absence of a director from three (3) or more consecutive regular board meetings shall constitute cause for removal. Vacancies may be filled by the board for the unexpired portion of the term. Section 3.5 ,annual geet,i"o The annual meeting of the board of directors shall be hold on the third Tuesday of February of each year. Section 3.6 gegillar Mpeting The board of directors, by resolution, may establish a schedule of regular monthly meetings of the board of directors Section 3.6 ,Special Petin;,!- Special Meetings of the board of directors may be called by �.,Ie chairman; or by any two (2) directors, by written notice delivered personally, or by telephone or telegraph to each of the directors, or mailed by first-class mail at least four (4) days or more prior to any such meetings;. The notice shall state the time and place of such special meeting. Section 3 $ 5?1t4um A maj or ity of the directors then in office shall constitute a quorum for the transaction of business, except to adjauxri as provided in Section 3.1.0 of this Article III. Every act or decision by a majority of the 2 directors present shall be regarded as the act of the board of directors, subject to the provisions of the California Nonprofit corporation Law, especially those provisions relating to (i) approval of contracts or transactions in which a director has a direct or indirect material financial interest, (ii) appointment of committees, and (iii) indemnification of directors. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of directors, if any action taken is approved by at least a majority of the required cuorum for that meeting. Section 3.9 Waiver- of Notice. The transactions of any meeting of the board, however called and noticed or wherever held, are as validas though the meeting had been duly held after' regular call and notice, provided (a) a quorum is present, and (b) either before or after the meeting, each of the directors not present signs a written waiver of notice, a consent to holding the meeting, or an approval of the minutes. The waiver of notice or consent need not specify the purpose of the meeting. All waivers, consents', and approvals shell be filed with the corporate records or made a par of the minutes of the meeting. Notice of a meeting shall also be deemed given to any director who attends the meeting without protesting before or at its commencement about the lack of adequate notice. Section 3.10 Adj-gurnment. A majority of the directors present, whether or not constituting a quorum, may adjourn any meeting to another time and place. Notice of the time and place of holding an adjourned meeting need not be given, unless the meeting is adjourned for more than 24 hours, in which care perzonal notice of the time and place shall be given before the time of the adjourned meeting to the directors who were not present at Iche time of the adjournment. Section ? . I.1 Standard of Care. A. mineral A director shall perform the duties of a director, including duties as a member of any committee of the board on which the director may serve, in good faith, in a manner such director believes to be i.w, the best interests of this. Corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like situation Would use lander similar circumstances; In performing the duties of a clirectorr a director shall be entitled to rely on information, opinions, reports or statements including financial statement; and other financial. data, in each case prepared or presented by . - 8 (l) one or more officers or employees of the corporation whom the director believes to be reliable and - competent in the matters presented; (2) Counsel, independent accountants or other persons, as to matters which the director believes to be within such,Pe son's professional or expert competence; or (3) A committee of the board upon which the director does not serve, ,as to 4natters within it;s designated authority, which committee the director believes to merit confidence, .so -long as in any such case, the director acts in _ rood faith, aftet; reasonable inquiry when the need therefor is indicated by the aircumstancesr and without knowledge that would cause such reliance to be unwarranted. A person who performs the duties of a director in accordance with the foregoing shall; have no liability based upon any failure or alleged failttre to discharge that person's. obligations as a director, including, without limiting the generality of the foregoing, any actions or omissions which exceed or defeat the public and charitable purposes to which the corporation, and assets held by it, are dedicated. 8. NDzI-I,iabiIij;y of r2irectors. The directors shall not be personally liable for the debts, liabilities, or other obligations of the corporation. C. I11em-n— ifica1'.ion bY. of n; r _c+ o G, S?�x�---EmpIo_yees -- and L#'her Agents„ To the extent that a person who is; or wase a director, officer, employee or other agent of this corporation has been successful on the merits in defense of any civil, criminal, administrative or investigative proceeding brought to procure a judgment against such person by reason cf~ the fact that fie or, she is., or Was, an agent of the corporation, or has been successful in defense of any claim, issue' or matter, therein,, such person small be indemnified against expenses actually and reasonable incurred by the person in connection with such proceeding. If such person either settles any such claim or sustains a judgment against him or her, then indemnification against expenses, judgments, fines, settlements and other amounts reasonably incurred in connection with such proceedings shall be provided by this corporation but only to the extent: allowed by, and in accordance with the requirements of, Section 5238 of the California Nonprofit Public Benefit Corporatiost Law, b. n,�urance for or or �t A_d G. The board of directors may adopt a resolution authori2ing the purchase and maifttenance of insurance on behalfof any agent of the 4 corporation (including a director, officer, employee or other agent of the corporation) against any liability other than for violating provisions of law relating to self-dealing (Section 523 of the California Nonprofit public Benefit Corporation Law) asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the corporation would have the ,power to indemnify the agent against such liability under the provisions of SectAon 5238 of th'a California Nonprofit Public Benefit Corporation Law. Section 3.12. P.iCob bited Trans '.. • A. I;o2n . This corporation shall not make any loan of money or property to or guarantee the obligation of any director or officer; provided, however, that thiscorporation may advance money to a director or officer of this corporation or any subsidiary for expenses reasonably anticipated to be incurred in performance of the duties of such of -Liter or director to hong as such individual would be entitled to be reimbursed for such expenses absent that advance. B , �e;t f-D°a� nc�'�ralLsactions. Except as provided in transact �onC b A oself hdealin board rnls ctionnot a PP is Done ve atoelf--dealing Which the corporation ,is a party and in which one or more of the directors has a material financial interest. C. ApnrSoval. The board of directors may approve a self-dealing transaction if the board determines that the transaction is 'undertaken for the corporation's own benefit, and is lair and reasonable to this corporation; and the board, after reasonable investigation under the circumstances, determines that this corporation could not have obtained a more advantageous arrangement with reasonable effort under the circum6tances. Such determinations must be made by the board, in god faith, with knowledge of the material facts concerning the transaction and the director's interest in the transaction, and by a vote of a majority of the directors then in office, without counting the vote of the interested dire,ctor(s) �e At al imus, fife -y -gone Ppercent (51%) or nmore3of the directors shall be er. ns who have � not been compensatedr toith3n the previous twelve- (12,) months, by this corporation for Services performed „for this corporation. In this Section, the term "persons" includes individuals related by blood or marriage ARTICLE IV OFFICERS Section 4.1 Officers. The officers of this corporation shall be chairman, vice-chairman, secretary and treasurer. The corporation may also have at the discretion of the directors, such other officers as may be appointed by the directors. Any number of offices may be held by the same person, except that neither the secretary nor the treasurer may ;serve concurrently as the chairman of the board. The chairman and treasurer of the corporation shall be selected from the membership of the Board of Directors,, and must be members of said board. Other officers of the corporation need not be members of tho board of directors. Section 4.2 Election. The officers of this corporation shall be chosen annually by the directors, and each shall serve at the pleasure of the board, subject to the rights, if. any, of an officer under any contract of employment. Section 4.3 B.emQ al. Subject to the rights, if any, of an officer under any contract of employment, any officer may be removed, with or without cause, by the board of directors at any meeting of the board. Section 4.4 R signat on. Any officer may resign at any time by giving written notice to this corporation. Any resignation shall take effect at the date of the receipt of that notice or at any later time 'specified by that notice, and unless otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Any resignation is without prejudice to the rights, if any, of this corporation under any contract to which the officer is a party. Section 4.5 V_a ' �' S�n�:1.�� A vacancy �. 4 any office for any for regular all be filled in the manner described in these Bylaws for sr appointments to that off =,ce. Section 4.6 hAl man. The chairman shall be the chief executive officer of the corporation, shall preside at all meetings of the board of directors and shall, subject to control of the board, generally supervises direct and control the business and the officers of the corporation. The chairman shall be a member of all committees and shall have the general powera atld ditties of management usually vested in the office of president of a cbrporat.iont and shall have such other powers and duties as -may be prescribed by the board or by the Bylaws. 6 t;; �h ; rma►. Ire the absence of the Sect on 4.7 �--mss--� reside at all meetings of the chairman, the vice-chairman shall sure te, the control of the board of directors, and shall, board have the powers and. duties of the chairman. �, �,.P+ arv, The secretary shall., keep a full Section 4•S-�.�---�oceedings of the 'directors, shall and complete record of the p0 such keep the sear of the corporation requir affix in the regular course papers and instruments as may proper of business► shall make service of such notices sthe books of the or necessary, shall supervise the keeping corporation► and shall disahbargth di other to s duties as pertain to the office or as prescribed y ARTICLE V REPORTS TO DIRECTORS furnish a written Section 5.1 The chairman shall oration containing report annually to all directors of this P ' the following information: A. The assets and liabilities., including the trust funds, of this corporation as of the end of the fiscal year; in assets and liabilit esr B. The principal changes - including trust ends, during the fiscal. year. C, The revenue or receipts of this corporation► both unrestricted and restricted for particular purposes► for the fiscal year; expenses or disbursements of this corporation,, D The e;tp Burin the fiscal year; for both general and restricted Purposes g transaction during the previous fiscal year E• Any 000 or more between this involving FIVE TFiOIJSAND DOLLARSdirector or officer of the t3orporation and in which any 11 i names of corporation was a p . must disclose th such arty. h transactz.onr stating the interested persons involvedri.nosu such the nature of such person's relationship, to the cnrpor person's interest in the transaction, andr where practicable, the mount of such interest► than TWQ THOUSAND iDdemAR The amount and. circumstances of any,. OLLARS re atin more fications or advances agg ,g g officer or director ($2,000) Paid during the fiscal year to any of the corporat on» 7 ARTICLE VI AMENDMENTS n,m n me t o - r�-; r1 .� of Tn4'.i2i.3�'�%.a�.7-�►• Section 6.l-- this corporation°s articles of � Proposed amendments to to the directors at incorporation must be submitted in writing at which they lease one (1) month in advance of the board meeting of will be considered for adoption. Th the directors present at any g shall be w / rE:c uiz ed to adopt ., i an amendment to the articles of ncorporation. ` pn�-�Bv:�d.5• proposed amendments Section 6.2 Ami to the to this corporation' s Bylaws must be advance of thewboara meeting directors at least one (1) month in which they will be considered for adoption - at teal l�be��lz-equi erg/to of the directors present at any meeting adopt an amendment to the Bylaws of this corporation. ARTICLE VII MISCELLANEOUS Section 7.1 Ei cr•aiyPar. The fiscal yi-arof this corporation shall end ean% year on December 31. ate deal. This corpoz %tion shall Section 7.2 ZDSX-" resolution OE the board have a seal which shall be specified byall corporate . The seal may be affixed to t the instruments, but failure to affix it shall not affec of directors. validity of the instrument. �„„+-r�cts. All.. contracts en�_e>�'ed into on Section 7.3 �; ized by the Board of behalf of tis corporation must be author Directors, or by the chairman. promissory cio otherwise Pri1 pan o� Gh_ !ajS. Except os Section 7.4 rX draft, p te, money der, or other evidence law, check, u provided b� every of indebtedness of the corpor,�e shall be signed by such. individua�:.s as ate authorized by birecturs a 04 K C„FRTr T .ATF OF B •umay that I am the presently Ir the.. undersigned, certify a elected and acting secretary of BUTTE COUb�!Ta' LAND TRUST, California nonprofit publithe above c care 1the Bylaws on n tiais�Corporat on as adopted consistinga meeting of the board of drec4.ors held on 1985. Secretary Infer-L►epnrtm`e`ralNlemorandu Board of Supervisors =ROM. Planting SUBJECT; Fourteen h!*Itle House - Rezone File 84-42 Suggested Motion, DATE;, April 20, 1983 If it is the Board's decision to approve this rezone, the suggested motion is as follows; A. Find'athat the draf`'L ]G . I . R. has been prepared in accordance with CEQ.A and cons de_i7.od in making this decision and certify the E:T.R. as 'being complete; and B. Pind that the project could have a significant effect on the environment but will not in this case with the adopted: conditions and mitigation measures; and Co FIMO that the project conforms to the policies of the Butte County General Plan; and D. Adopt an Ordinance rezoning the property from TNI -5 and TM -40 to PA -C for AP 63-01-02 (portion) for Fourteen Mile House, Inc. subject to the following conditions u L Submit road and drainage plans to the Dept. of Public Work's fat' approval and install the required facilities 2• ZTidicate 15 foot building setback line from the richt-of-way y lune of Highway 32. 3„ Street s'i ns shall be provided b the d " . g p y � developer at all . street intersections per County requirements. (Submit.5 alternate street names for each street t`o the County address coordinator for approval of street names. 4. Provide monumentation as required by the Dept. , of Public Works in accordance with accepted standards: 50 Street grades and other features shall comply witlx the eButte County ordinances, desigx xesolution And other, accepted engineering standards 6 Provide permanent solution. for drainage, All easements of record to be shown ori the final map. responsible agency.or Gthex o£ Butte Gouit Fire. Dept. 8. Meet require r.ements )` h } Obtain; A� r `tate;= encro a .chment ermit for net�r ac „ P cess . Al grova d;e all necessary data and material for appl•catar�. • ,' to Stater for, rte�r opening° of III-1y. 32 and closure- at 6 istin Op n' New ropenin to be A a.�d a g y g a public xo PProacilk 4: PaY off assessments. w art, a Rx r xc ,I1a Meet the'"' r, 'k W' Vii- ti 4' i1w7R{ic,Y/ L� ftl 4,x ,. X.�requ re Monts of the utility 'y ` f PG coin anies &E,.,Pacific, Telephone water- P t � .,�., Y , r° server) .r� • r t. t 12 File "a tentative "and f na ,,E�.,r,.,. • P V rr�. � i.. Priate= fens. w.: 1 subdivision map and, pay "ap ro �. '�> � a � !JY . +,.'i J ", <<. # f . h , , .n..a r A a x 4lriw�D'1� �l A t ,` 7 e4 �'� 4'•t �r E r. • Is. Construct •pubs c•. road approach <, . Trans standardsr. nt ance toy CaIlWr „ PP at near S4•. Construct anterior[ roads to , standard shown on ten a ,h, t .' ,. , atitre map. Provide a selvage disposal design that meets ttie. requirements Of the Butte County I►ealth nepartment and tiro State'. Reg• al Quality Control; Boards . ion - 169 Provide" r a community stater supply systE�ra in compliance ►�=ith the aliforn w is State Safe Drink 'ter . S }:ang 11a ct, ' • A r. a 9 4 Y • ' d • XON. enLL 17• Provide a Tioneotmers Association or other legv,l ' adequate to ensure the repairentity ,aintonance or replacement Of rile sewage disposal system.. 1S. Establish a land trust for the 156 acres 4• of oYaen space • 19. Provide protection for the rare plant t�opulatons Contact rare plants a local botanist: to stake, off and otherwise protect the , particularly during Construction activities., 20. Utilize standard erosion control measures and construction. practices to mi:n%mize erosion and Other )construction impacts. Restrict use of heavy equipment to file actual areas of physical development; utilize access road's only for travers n site. g Install adequate sized culvert beneath the access road at the point where it i s traversed b , seasonal stream ,(near lot 2)' ) the 21 Pursue designation of the :Fourteen Piile house site as a "Cali lorhia Point of Elistoxzcal Ir1torest" if deenerl ,appropriate by IOG'Ll and state entities and agreed uponY by the Board of Suliervisors 22• Retain rgsidcnt Vegetation to the maximum extent culatly along the Hi htva ; 3z art,i. . g frontage, 2756 Utilize structural insulation, dW011in.g and site des' a' to reduce interia'r noise levels,ga it (decibel j to a maximum of 45 dB Z4. Implement a fuel; reduction program and utilize fire, w p . 4 resistant building materials (roofing 'and siding) and landscaping to minimize fire hazard. • d Co 1 with Section 66473.+1 of the Subdivisi"on Asap`» Act o � Y' �. requiring subdivisions to provide "to the extent ' for future passive or natural heatiing or cooling opportun through site and building design,.,,,,.. +ties an"� the subdivision", to be, accomplished',, y� • y.r� • J tl ,. z '� d r" >• ra � rGr >rs Y 26., Building permit applications for residences in` this •� rx. subdivision shall be subject to any school mitigation fees +k established by an Ordinance enacted prior to the filing of Y such application or a Community Facilities Act of 1932 ,District. will be created puarsuant to California Government ;�( Cole Section 53311, et seq.,, covering the pro-jcct area prior to the issuance of" any building pernits. tl °, 27d Applicant must comply withhal pP awd regulations. applcable' state and local ' statutes, ordinancesg rations. n n . ♦ M Y t�, iA � '"�, i' ,3�V aL ur M � ''� Y Y . • +♦n wx 5iw, . Y w r w1 5 ffafie rY� ---� `� LAND OF NATURAL WEALTH AND BEAUTY PLANNING COMMISSION 7 COUNTY CENTER DRIVE ORUVILLE, CALIFORNIA 96965 PHONE. S94•JI601 Dennis Ryan June 12, 1984 Rolls, Anderson F Rolls Civil Engineers 965 Fir Street Chico, Ca 95926 Dear Mr. Ryan Regarding your proposed modification of the 14 Mile House Planned Unit Development per your letter of Juni 6, 1984,. please be advised that this department has determined that the revisions shown are substantially in conformity with the original approval._ of the 14 Mile Hoose development.. Once the proposed changes are incorporated into the final development plan, please supply this department with 10 copies of the revised development plan and, a reproducible master to be added -to our files. This department will then circulate copies of the revised mar to the appropriate agencles. If you have any further qur stio;ns, please feel ;Gree to con- tact this office.. Sincerely; B. A4 Kircher Director of planning. David R. fiironimuS' AssoGiated�, Planner' °y DRI -I :1• y 40 J- 965 FIR STREET • CHICO, CALIFORNIA 95926 TELEPHONE 916.895-1422 Vis/ pyolus Mr7r er psrr on r4®11s June 6, 1984,CIVIL ENGINEERS Buffd CO- Planning Comm. J iJ'�! 6 1984 County of Butte Uroville, Calitorna Planning Department 7 County Center Dr. Oroville, CA 95965 Attn: Dave Hironimus Re: Fourteen Mile House Planned Unit Development Gentlemen Per our phone conversation, of yesterday afternoon, enclosed please find one print of the Tentative subdivision Map for the above referenced project showing proposed revisions as discussed. The northerly cul-de-sac is .proposed to be moved based upon several reasonable criteria, including: 1. Based upon more accurate aerial mapping, the hillside cross slop- in the area of the cul-de-sac as shown on the approved Tentutive Map is quite severe, necessitating considerable earthwork to accommodate the cul-de-sac. 2, An existing drainage culvert crosses Highway 32 in the area of the center of Lot 4 as shown on the approved Tentative Map, which we were not aware of at the time of Tentative Map sub- mittal. The proposed new location of the cul-de-sac would better accommodate this roadside drainage and allow discharge of the drainage between Lots 3 and 4 in a wide Strip of common area. 3. An Indian grinding stone exists within the area of Lot 4 as shown on the Tentative Map.. The proposed new location of the cul-de-sac would allow this rock to be within common area, thereby preserving this point of interest and allowing access to the area. Although the proposed revisions are minor in scope and do hot. result in any change in land use pattern or density, we desire your input because the fire access to Lots 1 and 2 has been increased by approximately 200 feet beyond the proposed cul=de-sac. This should pose no problems due to the gfaded access road that will be provided to the area of the storage facility and water storage tank. y A x Ruffe Co. F=unning Cmv& County of Butte al UN 6 1984 Fourteen Mile House June- 6, 1984 Croville, CaHfornjq Page 2 Please review the enclosed print showing the proposed revisions and respond at your earliest convenience _so that our design work may proceed. Please call if you should have any questions or require additional information. Very truly yours, ROLLS, ANDERS & ROLLS /'ode► l Dennis Ryan DR:dch Enclosure f ORDINANCE NO. 2348 I� i AN ORnTNANCE ZONING A pORTION Or THE COUNTY OF BUTTE �) STATE OF CALIFORNIA, A "PA -C" (PLANNED AREA -CLUSTER) �I DISTRICT, PURSUANT TO CHAPTER 24-29. 1 '! The Board of Supervisors of the County of Butte, State of t� f, 2 ;y California, under and pursuant to Chapter 24-29 of the Butte 'County 3 Code of said County DO ORDAIN as follows; 4 11 SECTION 1. The hereinafter described area situated in 5 Ithe County of Butte, State of California, shall be and it is hereby 6 zoned as a "PA -C" (Planned Area -Cluster) District, and such area 7 shall be subject to the restrictions and restricted uses and regu- 8 lationS pursuant to Butte County Code -Section 24-126. I 9 Said area so zoned being located in the unincorporated 10 area of Butte County, Chico, more particularly described as follows:, 11 All that real property situate in the County of Butte, State of California described as follows _ 12 Lots 2, 7, 8 13 and 14 and the SE 4 of the NIV 4 of 13 Section 18 T23N R3E MDB&N1. 14 EXCEPTING THFrEFROM that portion deeded to the State of Cali:forni4 ! Deed dated August 1, 1961 and recorded 15 November 7, 1y61, :n Book 1147, of Official Records, at 'page 473- 16 ALSO EXCEPTING THEREFROM all that portion of the above 17 described parcel of land lying westerly of the parcel of q cam land deeded to the State of California in Book 114; ►tib of Official Records at page 471, 0 SV ALSO EXCEPTING THEREFROMthe following described parcel 20 Commencing at the Nil corner of said Lot 2. THENCE E , along the N line of Lot 2 a distance of 1580.0 fU to 21 the Point of Beginning; THENCE S 1,8000' W a distance of 940.40 ft.; THENCE.S 720 00' E a distance of 350.0 22 ft.; THENCE N 180 00' E a distance of 850.0 ft.; THENCE N' a distance of 194 ft more or less to the 23 N line of Lot 2, THENCE 11 along the N line of Lot 2 a distance of 3OS.0 ft. to the True Point of Beginning 2 Containing 194 acres, more or less, Chaco. -vile No. 25 82-42,, 26 c . !I �i SECTION 2. The 'use and development of said property shall be in accord with the development plan submitted by the 3 1 'applicant, as conditioned and incorporated herein by reference. 4Said conditioned development plan consists of the following 5 documents: A. Fourteen Mile House PA -C Development showing the i 7 entire parcel, natural feature's, access to Highway f 8' � 32, interior roads, building lots, leachfield area 9 with gravity sewer and force main, common open space, 10 recreational facilities, lot for agricultural use; 11 "water tank and water` distribution system. d 12 (Exhibit A) r 15 This document and conditions are located in the files 14 of the Butte County Planning Department. i 15 SECTION 3. Said development plan identified two areas,; 16 '1) the area identified as "Common Area", (2)the area identified 17 as "numbered lots" shall be considered he ''Development Area" 18 SECTION 4. Notwithstanding the provisions of Chapter 19 24-126 of the 'Butte County 'Code, the following provisions shall 20 govern the use and development of the common area and development 21. area: 22 (a) Common Area - the use and development of that C portion of said property referred to as the common area shall be 24 F limited to the following uses 26 i. Oren space uses which do not require development 26 or improvement of a permanent or structural nature (other than the 2- 1.11eachl.ines, septic tanks, water storage tank and storage facility 2 1adjacent to Lot 1) ; and 3 li 2. Preserve for native fish, wildlife and existing 4 (water resources; and i 5 '� 3. Nothing in this section should be construed to 6p reclude nominal, normal maintenance activities associated with the 7 natural open space including but not limited to the thinning of g trees, removal of debris, dead animals, etc.; and g 4. Off road motorized vehicle use of the common t 10 area is to be prohibited except as required in item 5 above. 11 (b) Development Area - the use and development of that 1-2 portion of said property referred to as the Development area shall } 13 be limited and regulated by the following provisions: 14 1. The residential building sites as shown on the r 15 development plan shall be limited to residential uses and activi- 16 ties.The numbered lots are to be limited to one single family 7 dwelling per parcel; and 18 2. The storage of materials and objects around the 1,9 residential dwellings as shown on the development plan shall be 20 limited to those which are accessory to, appurtenant; to, and 21 customarily associated with the residential use of those dwellings; 22 and 23 5. All other accessory structures and/or buildings 24 for which a building permit is required shall be limited to those 25 which are accessory to, appurtenant to and customarily associated 26 with the residential and/or recreational use of the property; and 20 shall not exceed six (6) feet in height, 21 SECTION 5. The developer shall establish a homeowners 22 association to be responsible for the maintenance and upkeep of 23 the utilities, roads$ and all other real property owned in common. 24 The developer shall assume responsibility for the unsold; remaining 2s memberships until such time as the homeoi+tners association can 26 reasonably assume the financial responsibilities for the maintenance l W4W l 4. The height of all principal structures as shown 2 I� Ion the development plan shall not exceed a height of two (2') 3 !stories or 35 feet; and 4 I S. The keeping of livestock except horses shall be 5 jprohibited; and 6 6. _Home w,.cupations as defined in Chapter 24-21 of 7 the Butte County Code shall be prohibited, and 8 7. Signs shall be limited to an identification of 9 the development not to exceed two (2) in number with a maximum 10 size of 50 square feet each, except that signs advertising the 11 development and sale of units may be permitted until 85 percent 12 of the building sites are sold or until a period of five (5) years 1 3 has elapsed, whichever is first. The developer shall be responsi- 14 ble for the removal of all signs associated with the sale of said 15 property; and lg 8. Except for an ornamental wall, fencin^. and 17 security gate at the entrance to the development and Rising near 18 the dwelling units, no extensive fencing and/ter walls around the lg periphery lots shall be permitted. The fences and/or walls above 20 shall not exceed six (6) feet in height, 21 SECTION 5. The developer shall establish a homeowners 22 association to be responsible for the maintenance and upkeep of 23 the utilities, roads$ and all other real property owned in common. 24 The developer shall assume responsibility for the unsold; remaining 2s memberships until such time as the homeoi+tners association can 26 reasonably assume the financial responsibilities for the maintenance l W4W ,1 �T 1 i I :and upkeep of the utilities, roads, and all, Teal ;property owned in 2 [common. To ensure that the homeowners association is adequately 3 Iformed to meet the responsibilities, the developer shall submit 4copies of said homeowners association agreement to the Butte County 5 Planning Department for review and approval prior to the recordation g of any subsequent. map authorizing the sale of any real property in 7 conjunction with this development. g SECTION b. This Ordnance shall be and it is hereby 9 declared to be in full force and effect from and after thirty (30) 10 days after the date of its passage, and before the expiration of I 11 fifteen (15) days after its passage, this Ordinance 'shall be 12 published once with the names of the members of the Board of 13 Supervisors voting for and against it in the Chaco Enterprise 14 Record, a newspaper published in the County of Butte, State of 15 California. ]6 PASSED AND ADOPTED by the Board of Supervisors of the 17 County of Butte, State of California, on the 3rd day of May 18 1983, by the following vote: 19 AYES: Supervisors Moseley, Saracen Wheeler and Chair Dolan 2p NOES Supervisor Fulton 21 ABSENT.- None ' 22 NOT VOTING: None 23 J axe o an G air 24 Butte County Board of Supervisors 25 ATTEST: ELEANOR Mi BEC E , my Clerk-Recorder and Ex-officx lerk of the Board 2f' �4+ AsaistrntCounW Clark, Nicea Lindquist 534.4551 Assistant Board of Suputvlsors, Cathy. Pitts.. 53443.71 Assistant'Recordor, Gwon Farland534.4691 May 4, 1983 Ray Johnson, Jr. 14 Mile House P. 0. Box 1700 Chico, CA 95927 RE: Rezone File 82-42 LAND OF NATURAL WFALTI-I AND BEAUTY ELEANOR M. BECKEFi COUNTY CLERK - RECORDER ADMINISTRATION SUILDINo : 25 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965.3315 Toluphonet b34.4551 Dear Mr. Johnsons At the regular meeting of the Butte Count:,* Roard of Supervisors M held May 3, 1983, Ordinance No, 2348 was adopted which rezones from f'TM-5 and TM -40" (Timber Mountain 5 and 40 acre parcels) to "PA -CH (Planned Area -Cluster) that property located on the east side of Highway 32, approximately l.S miles south of Forest Ranch, identified as AP 63-01-02 (portion~, 14 miles northeast of Chico, subject to the following conditions. I. Submit road and drainage plans to the Department of Public lVorks for approval and install the required facilities. 2. indicate 15 foot building setback line from the right-of-way Iine of Highway S2. 3. Street signs shall be provided by � the developer g at all i street intersections per County requirementsb (Submit S alternate street names for each street to the County address coordinator for approval of street names.) 4. Provide monumentation as required by the Department of Public Storks in accordance with accepted standards. S. Street grades and other features shall comply with the Butte County Ordinances, design resolution and other accepted engineering standards 6.Prov de permanent soutt "I for drainage Ray Johnson, Page 2 May 4, 1083 f 7, All easements of record 'to be shown on the final map. 8. Meet requirements of Butte County .Fire Department 01• other responsible agency. 0. Obtain state encroachment permit for new access. Also provide all necessary data and material for application to State for new opening of Highway 32 and closure at existing opening. New opening to be a public road approach. 10e Pay off assessments 11. :Meet the requirements of the utility companies (i.e., PG&E-, Pacific Telephone, water, sewer). 12. File a tentative and final subdivision map and pay appropriate fees 13. Construct; public road approach at new entrance to Caltrans standards. 14. Construct interior roads to standard shown on tentative map 15, Provide a sewage disposal design that meets the require- menu of the Butte County 14ealth Department and the State Regional g� duality Control Board, 16. Provide a community water supply system in compliance with the California State Safe Drinking Water Act, 17. Provide a Homeowners Association or other legal entity adequate to ensure the repair, maintenance or replacement of the Sewage disposal system. 18. tstablish'a land :trust :For the 156 acres + of open.. space; �- 19, provide protection for the rare plant populations. Contact a local botanist to stake Off and Otherwise protect the rare plants, particularly during construction activities. Utilticesite tandrd rosion control measures and construction l " minimize erosion and other construction impacts. Restrict use of heavy equipment to the actual al-eas of physical development; utilize access roads only fOr traversing site, Install adequate s'7 -*d culvert boneath the access road at thO point where it is traversed by the seasonal. stream (near Lot 2) Ray Johnsen, Page 3 May 4, 1983 21. Pursue designation of the Fourteen Mile I•lousc site as a "California .Point Of Historical Interests' if deemed appropriate by local and state entities and agreed upon by the Board of Supervisors. 22. Retain resident vegetation to the maxi<mutn extent, Particularly along the High}vay 32 frontage. 23. Utilize structural insulation, dwelling and site design, to reduce interior noise levels to a maximum Of 45 dB (decibels), 24. Implement a fuel reduction program and utilize fire resistant building materials (roofing and siding) and landscaping to minimize fire hazard. 25 Comply with Section 66473.1 of the Subdivision Map Act requiring subdivisions to provide "to the extent feasible., for future passive or natural heating or cooling opportun- ities in the subdivision", to be accomplished through site and 'building design, 26. Building permit applications for resicicitces in this subdivision shall be subject to any school mitigation fees established by an Ordinance enacted prior to the filing of such application or a Community Facilities Act of 1932 District will be created pursuant to California Covernmert Code Section 53311, et. se he Project area Prior to the issuance of�anycbuildingoverintpermits 27. Applicant must comply with all applicable state and local, statutes; ordinances and regulations. Should you have any questions office. please feel free to contact this Sincerely; tttANOR lei: BtOktA County Clerk- kecovder and Ex-of;fiCio Clerk of the Butte 'County Board of Supervisors arlB:lkt Gc. Rolls, Anderson $ Rolls 4 APPENDIX It NOTICE OF. DETERMINATION TO Secretary for Resources L 1.416 Ninth Street, Room 1311 Sacramento, CA 95814 County Clerk, County of Butte 25 County Center Drive Oroville CA 95965 ELL•`AN'CRM.DECKER, Co�lntyCl-ak FROM: Planning Department By VL it�a':44T Depoly 7 County Center Drive (Filed) Orovill,e, CA 95965 SUBJECT: Filing of Notice of Determination in Compliance with Section 21108 or 21152 of the Public Resources Code AP 6301-02 r t Project Title n_. Log 81.10-14-03 14 dile House, Inc. Rezone to PA -C State Clearinghouse Number (If submitted to State Clearinghouse) X2033104 Contact Person Telepphone Number B. Ao Kircher Planning_ Director (91b) 534-4601 Proect Location On the east side of Hig i.5 i— way 31; approximately miles south of Forest Ranch,, 14 miles northeast of Chico._ Project Description: Rezone from Tri -5 and TM -40 to PAC to allow the development of 25 residential units, with one lot of 20 acres for agricultural use, plus X56 acres + of oven space. ini.s is Lo advise znat the Butte county noara of Supervisors Mad Agency has made the following determinations regarding the above-described= project li The project ❑ will have a significant effect on the environment: X will not 2. An Environmental Impact Report was prepared for this X project pursuant to the provisions of CEQA, and was certified as required by Section 15085(g), 14 California Administrative Code; A Negative Declaration was prepared for this pro'ect pursuant to the provisions of CEt�A. A copy of the Negative Declaration may be examined at the Planning Department, 7 County Center Drive; Orovillp, CA '95965, 3. A Notice of Exemption was filed indicating this project is exempt from enVltO mantal review. 4. statemed ent Of OverrJectg Consideration ❑ was, d was not, 5: Mitigation measures adopted by the Lead Agency to reduce the impacts of the approved prOJOct.10t See Att%�ched r tur Step en Xi Streeter, May 40 1983" Senior Planner Dade k5845' Tztle 1. Establish a land trust for the 156 acres�' of open 4 4 space. 2. ` Provide protection for the rare plant populations. , Contact a local botanist to stake off and otherwise protect the rare plants, particularly during construction activities.' 3 Utilize standard erosion control measures aid -construction practices to minimize erosion and other construction impact--,. Restrict use of heavy equipment to the actual areas of physical development; utilize access roads only for traversing site. Install adequate sized culvert beneath the access road at the point where it is traversed by the seasonal stream (near Lot 2) 4, Pursue designation of the Fourteen Mile Nouse sate as a "California Point of Historical Interest" if deemed appropriate by local and state entities and agreed upon by the Board of Supe). -visors. S. Retain resident vegetation to the maxilmum extont, particularly aloha the Highway 32 frontage. 6 Utilize structural insulation, dwelling and site design, to reduce interior noise levels to a maximum of 45 dB (decibels). 7. Implement a fuel. reduction program and utilize ;Eire resistant building materials (roofing and siding) and landscaping to Mnimi a fire hazard. 8•, Comply with. Section 66473.1 of the Subdivision blip Act requiring subdivisions to provide "to the extent feasible, for future passive or natural heating—or coaling opportun- ities in the subdivision" to be accomplisl ed ,through site and building design. 9„ Building permit applications for residences in this subdivision shall be subject to any school mitigation tees established by an Ordinance enacted prior to the filing of such application or a Cbmmunity Fdcilitiet Act of 1.982 Distract will be created pursuant to California Government Code Section 5331.1, eti, seq., covering the project area prior to the issuance of any building permits. JJ ti' O SGA3Y)G('ll Cnsnafote itemo t, 2, And 3, •Add-Your. a� iwi In the'!Itl�tlftN '1.•,Thp 1t In vitig p rviCc !r te0asted (Akk onb) ` t u l -,. IOW t0whunt grid date dehi6ked....c'J Show to whnm, dnte and 8nddA44 afdcilvcry:,,, —,t m a of ?,5T R3(:TED UE1,.Wr-pY $itbw in Who, and dptc dctivci�dc,..i+., 't7 � I Rl?�1 RTGYELI D1wL[RY. :�kwt r to Whtrrlit date,- hd'nddiess',af dellvery (�gk5CD1L'f Pb3'fMASfiER PtJR F�Gt3) .jlGt ti nbnArssEa ttsx " _ t In 1--A—ATICItr On FiCCtlt jiipEb Nb, G@pjiRlEb IVO. INSUtlr n 9511944, a (Always abtatn tiptti4iuro a>< arida ae cr bunt) he*0 welved hurt - a descrlbcd above.�•�,. �a L7A�ilzcd agent p b Al= :.Min It o:aplotr oniY N rewsat+e y t( ' 141 orod O 8. l'NAJILE TO t)6uvEn 9EGAUSE! 5pK 0 1 ttLALS GPOI, 04A WIT ED'STATES POSTAL 9. ER'VIct oxRict AL allsINESS SENDE'" ►NSrF"jUCTI Eh +—•.»...... :. , `w 1sc y�arjad1r,tt, and tlp Codb n�{h1lif�a+a Use TO: va PA •ao 2, andto tPPnt or + ° k � ntt iauticio "8atum flpeelt {o number. Pt �aauoctadk RETURN Butte Count p Due Go, i'lattntttg C�c+mitZ,., Y lam, lh g Coiit i �ba �f Sender) 4 7 Count 'Center Drive Qra�ri�l� Gallfc�t't�ie (Street bi'P.O. 14 INi116 14OUSe Oroir lxe CA '95965 82-42 {City, state tu,d LIP Cade) f boa LAND OF NAT LI RAL WEAL'r11 AND UVAUT4' PLANNING COMMISSION 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 75765 PHONE 533.4601 August 2, 1083 Ray Johnson, Jr. P: 0, Box 1700 Chico, CA 95027 RE: 14 I41ile House Rezone to PA -C Financial Accounting and Billing AF 63-01-02 (ptn) File 82-42 Dear Mr. Johnson; At your request, this office_p.rocessed the environmental documents required in connection with your application for approval of a Rezone to PA -C. A significant amount of staff time was expended as a result. of your request, and the salaries of the staff members, involved were paid from the County's General Fund which is supported by the taxpayers in general. Board of Su ertisors' policy stipulates that environmental processing costs shall be paid for from user fees, that is the person receiving benefit from project approval must bear the costs. A subsidy to a specific development proposal from the taxpayers in general is not an acceptable fiscal procedure tinder present policy. Accordingly, this office is required to take the necessary steps to collect fees that are due and payable. Butte County processing costs incutted, as a result of your ,request amount to $1,046. amount you already paid of. $600,00 leaves a balance due of $,446.65. A request for payment was previously sent to you on. June 29 1.9854 Our records s}iota no record of payment. 'Please remit this balance promptly or advise us as to when payment can be expected. Ray JohlIS011, ,Tl.. Filo 82-42 Pago Att;ttst 2, 198 TC ceo clo not hoar From you ivitll.in Cage (5) clays, thc' past due accGurt,t toriyj l)c refe •reci to the County Collection Agency foi• ali��rol�riatC fo17o%f-Lila 1?tecisurc,s, Thank you fol' Your prompt attention to this recluost. Si ncerel)r, B. A.; Kircho Planning D1 rectal 10 d` � j n 4 St"ephen A. Streeter Sonaor Planner SAS : l.kt cc; Rolls, Anderson is 'lOUS ORB .. �•' ,M�/M � �� +I~� r a� M.'1S3J',�I�Yi+'.+h ''.. ���~ t.s'� - (���(,�jyy[/ryy ,a�+,.Y�f};2e� ::'.+a. ."'%r •t ("�"¢I "Rdj"�+ i 1+�i ij� ~ PLA(NNI IqG COMMISSION 7,`COUNTY CENTER DRIVE - OROVI0.11, CALIFORNIA 9065 PHONEa 534o4601 Rtly johllson,' ,,lt'': P 0. Box 17011 Chixo, CA 95927 lay; l.�i 1�1 i. Lc ' )uso Rozom, to PA -,C r, 1'zlnnn:cial At`�cOunt;,i111; a.�1�e1 l,: l.,in All 63a-01-0; p,1`]c, 82-42 Mr. J01111801) OLIv roca,rds sh6w i1tit Count), ), onv i l'orxlnol►tol rev i OW Cost.S r�e�to i nic ti;1'rod 'I'll conliect ion with t 110 tlha o 'i�r t c�rc��iac c cl t� for lull .01 tI i�zrlttrlcc� c1�ro 'a.f ht�:� 1101 11oc�'11 P1.60loc rcieC'.Iv d. A )IQ-Qtic;StH f0v l7lYlIorlt� Of tll�is tl10 t tVtr;; sant t:4 YOtt oIt 1 b, 1.W8 y As this ttCC01,rltt', Is now p0s t duc., wo r,vovtl d tlppree 1 crt o iio- r'. your lit otrttl`t 1,0-fil.i l ttlncc so Im car ll cocl7 t you). account and colllj11 Q o our bookkocll°ilig . _ Th yoti ,foil your prompt at-tolit'ioli n t11iS Ill 'It t0v t„ I :111 ChL'I)ra e" 711 ell" +L r 11hon A Stl-ootot` Ill or Pa,rn17ca^ SAS t I 1.1. WilI'll. COUNTY PLANNING U] PAI:1$1T;N`I ell lls ion of 13xrtr ir g71I11GIlt1 1tcv �' 00 Expense Accoun tin Form For E.I.R, Preparatidn and Subdivision Initial Studies PROJECT: 14 tl3.l:o house PA -C APP/ 63-01-02 (•1)tn) Log It 81-3.0-14--03 SUBDIVISION I.NITIAI STUDY EXI)ENSES 52-42 Professional & Specialized Services: � $ , Staff work completed-., i tours @ $' -$ `h ours @, hours G► .`.�. $ ... $ Initial Study Total X 2 $ -$ EIwmtim (' - IMI)AC'T REn01IT PREPARATION EXPENSES Professional & Specialized Services: Staff %veil,, completed. 3AS 2 3/�1 fours Ca �``f.3 <'" �T27-47 SAS 5 3 4•. hours @ $ 16,22 =f -i 77_ SAS 1 S :1, 2 h o u r s @$ 17 .,L.2z. 'N 2 6,1 R 1 B11' '2 hours @ $ :1.7.86 '1 l�nur s @ $ @ E.1 iRi TL al X 2 $ X135:21. 870.42 MISCELLANEOUS EXPENSES: Typing costa Ca $1, 82per page (Initial Study) Printing costs (Initial Study) $— Typing Costs @ 1.32 per page (Draft E.I.R.) 7 �$ 1.2.71 Printing costs (Draft E.I.R.) Typing costs @ $.1.482 fuer page (Final E.I.R.) 2 $W 3i64 Printing Costs (Final E.I,R.) Xerox iii $ Legal Notices 13100 Circulation (Initial Study9 Draft or Final- Elft) $_ .J:7,4_ Total Misc Expenses $ 1.76,23;--$ 1.76.23 ACTUAL 'TOTAL bEf)ARTMNT f XPLOSH , $ 1.046 AS Total E.I.R. Expenses $ 1046.,65 'rota'l Initial Study Ekpenses . TOTAL AMOUNT DEPOSITED TO DATE $ 600.00 Amount to be Refunded $. A riount tl,ved by Applicant $ I'M . M (In tho case of subdivisions; includbs actual cost oi``15, tial study,) Date c 5/10i`SS N lev �. ^�^'i�` s'"` � ,�.5� � �'f Yj? J,�1� "ry `� ♦ Z' 71� fle «�� %a ! •,7 r" : ......»-«....�.-.-.....�.�.,..a L, N 15 0 F N A T IJ R A a. w E-A L Ia nNa PLANNING COMMISSION 7,COUNTY `CENTCh DRIVE - O OVILLC� GALWO.CWA 45965 PHONEi 53+1,4601 1'. U: Box 1,700 11 a ccs 05.027 R11, 14 Mile 11OLISO Rezone to PA-C jiCnci,n1, Accai'[11i1t AP 6-01-02 (pt)1 111i le 82-42 1)GVv tt rJ6bn.goY1 11rc b,',LAIC CCf111j11 o,t cd tl1r 1 a oc O ss a llp+, ol, tho. 1111pact Ropo rpt documents for yon i, pvrO-j eC•C, jv11 i ell ��tris 'j111yt`+�Ve(j1),)� t1lo Butte County hoard o1` Superviiors mi, )May 3, 79VI),. Procossiit4 oasts .i:7IcUrrod by iritis n,I"l' cc rin t:310 SlIncc tltcsc casts exceeded Otho �omount dopos�it�cd, 140,wool d hJ 1'c:c c r11 C Your'1'.o11t ii� t i i �c 1t.11 1 lIC dud o f $446.65,, T1yt'1111c YOU rol' jraul° �Jtta jt.i. 1� ill tIlis mattov, l'r wo uaa1 of rurtbol, cssistb-ncc, cmttrtc1: thlt, oCI S111cc'rca';tr GSt Strocto;r.' ScttS.ca' h:i:�y�lttt'�' , SA,$ t cci Rolls, Andel-s-o11 ti 1011,s Aud:itor's office Dave Kelly V"14. Planning EI'Viyrollnlcntal Rejrje� 480-00a surXECT: Transfer of E . r . R, 7'7tis'G Ftallcl'$ DA -7Z: May 11, ]. 0 8 IF',ilneidsl'I.1a QStortijco.1.1y"19xs1Le roll' the 1i. 7, ;R: TrIlst + followingd t0lre]lLIC Cccoluli-s t l'Ray Jolmson, Jr, ►/ 14 iii1C I1011sC T?A-C Ali 63-0:1.-02 (htn) File 82.42 }a. R. Receipt # 48374 7/82 $;600y00 to P-1.0 617202 L . Maxine Coaille..11 AP 51-02-80 82-11-:1.2-01 RccciPt It 0105 11/82 $260.00 tO P-1,0 2111151 -- n or-pepar W aI Memorandum Tot butte County Assessor's Office FROW Butte County Planning hepar ment SiI9,1ECT: 14 Mile Nouse File 82-4,2 -'Ray ' Ohnson nor : May 11, 1953 :pursuant to Section 65863.5 of the Government Code, the following parcel/pratrcCxeckSt identified as 63.0,1-02 was/"ft- X Rezone fromTM5 & QD to PA -C, zoning district. Granted a variance to allojt Issued a conditional use permit for f;{''' ccs Property Owner Y fia coun r LAND OF NATURAL WEALTH AND BEAUTY' ELEANOR M. BECKER COUNTY CLERK — RECORDER ADMiN15TRATION BUILDING .25 COUNTY CENTER DRIVE OROVILLE GALirORNIA 95?b53375 Teloobonep534.4551 A--mr.rr-County Clark, Nicea Lindquist 534,4551 k �• �rz Clerk, Board of Supervisors, Cathy Pitts 634.4371 g' ri TIocorder, GWon Farland 534-4691 April 27, 1983 Ray Johnson, Jr. 14 -Mile House P A . Box 1700 Chico, Ca. 95927 Re: Rezone File 82-42 Dear Mr Johnson: At the regular meeting of the Butte County Board of Supervisors held April 26, 1983, a motion of intent to approve was carried and the hearing was ontinued closed to May 3, 1983, to consider your request for rezoning, from TM -5 & 40 to PA. -C for property located on the east side of Highway 32, identified as AP 63-01- 02 (portio'n) , 14 miles northeast of Chino. The meeting Will be held. in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Should youaeny questions regarding this matter, please tontact - Office. Sincerely, It1"Ili el6 r_o "" , t7ie 1aroLertY from TAI -5 and TAS -4O 'Co PA -C for f nort.�.,�nl for Fourteen AIi1e Clouse, xncs AL�proyal is stib_,7 erg, the 2 i conditions listed in the Plaftning Commission mi7itttes of starch 17, 1988. VOTE: 0 AYES Cammx;sione�is Avis Bohuni , hambert, Schrad er and Cliairman Bennett, NOES No one ABSENT: No one ABSTAIN; No one DATE OF LAST HURIN'G WITH PLANNING COMMISSION March 7, 19$3 F REZONE REPORT API?LICAN T: Ray Johnson Jr. Fourteen Mile house 0WNE,R: Various _ REQUEST: Rezone from TM -5 and TM -40 Ci�Snber Mountain S and 40 acre parcels) to PA -C (Planned: Area. Cluster LOCATION: --On On the east side of Hizhway 32 a roc matclles pp south of Forest Ranch, 14 miles northeast of Chico. _�.�.. DATE _ACTION REQUESTED: 10/14/81 AP Nos . 2 PLANNING COMMI5:iION rINbING5 Acreage: 194 acres more ov less A. ;Note that the draft B.I.R. has cc►nsi'ct regi in ma ing ixs ec�sxon been ire fired in accordance with A and �� an recommend that the Board of Supor- �r sors certify the B.I.R. as being co__ mple_te; and B Note that tlit� nro7ect a ve a signs icanT-' on tie effect can be reduced; but not environment, and the significant eliminated, b the �. ��es, an Y _ n ado tion of the mit, �n Tia�t iProject conforms to the policies of the Butte .County Genera] Plan. It1"Ili el6 r_o "" , t7ie 1aroLertY from TAI -5 and TAS -4O 'Co PA -C for f nort.�.,�nl for Fourteen AIi1e Clouse, xncs AL�proyal is stib_,7 erg, the 2 i conditions listed in the Plaftning Commission mi7itttes of starch 17, 1988. VOTE: 0 AYES Cammx;sione�is Avis Bohuni , hambert, Schrad er and Cliairman Bennett, NOES No one ABSENT: No one ABSTAIN; No one DATE OF LAST HURIN'G WITH PLANNING COMMISSION March 7, 19$3 r te7 ^' weo , f ELEANOR Li. BECKER COUNTY CLERK - REcorlotn ADMINISTRATION BUILDING •'25 COUNTY CENTER DRIVE OROYILLE, CALIFORNIA 95965.3375 Telephoner 534.4551 xT5,-,=r,4 County Clerk, Niven Llntiqulst 534.4551 ytr-wrk, 80ard of Supervisors, Cathy Pitts 534.4371 mss +z R+cotder, Gwon Farland 633 4691 March 80, 198 Mr, Ray Johnson, Jr 14411il e House P.O. BOX 170 Chico, Ca. 95927 Re Rezone File 82-42 Dear Mr. Johnson: At the recllar trleetnp of the Butte County board of Supervisors held March 29, 1983, a public hearing date Was set for April 26 1983 at l0t00 aim. to consider your request for rezoning from T11,5 & 40 (Timber Mountain 5 and 40 acre parcels) to PA-C (Plan>- ned Area Cluster) to Allow the development of 25 residential units wi tli one lot of 2`0 acres -For agricultural use plus 156 acres of open space, located on the east side of Highway 32, approximately 1.5 miles south of Forest Ranch, 14 miles north east of Chico, identified as AP 63.01-02 (portion). d in the Board of Supervisorsr Room, CountyeAdministration e will be �Center, 25 County Center Drive, Oroville California. Should you have any questions regarding this matter; please con- tact this office Sinceroly, ELEANOR M1, CECKtR County Clerk-Recorder and Ex-officio Clerk of the Butte County Goard of 5uperVisorS E�iG' ;1 t• cc: Rolls, Anderson 6 Rolls Y PLANNING COMMISSION i COUNTYCENTER QFIVlr - OftOVII i E, CALIFORNIA 95965 C'NONE+: SV -4601 r i a 1` C'h 19 IS 3 rir. upYv John -son, Jr :. _ 1�-mile ilCus P 0` 1 oX 1700 Chico, Ca.' n5027 Re 40 Rezo'lle File 8 -,4: lit-mileEiou o Deer 'tr. Johnsorir. The Platini,ng Comr.gission, at their rrreetim, on Myatt} 17, 1518-3i re Commended, approval 01' ;your application to rezopo ftont ri�,plii `lYinber Motiftt8in 5 -acre parcels) and rr`I1ii-4011 (Timbor 00U.ntaill, 110 -acre parcols) to PA -0 (P tanned Area Cluster) to allots .the development -,of 2.1 residential pnits to iie located on th,e ertst side of ElIght4ay 32a,i)V'r�oXi311ato:l\1 1w1/7 miles south of Pores Rnnclr f lx4 r+tiles n.ot theas't; or Chico. Thls act-lon twill 'he reported to the Board o l Supervisors -on �4arch 2q, at which time they W,ii1 set �h�i r 'tulc ho�Gt`-1tig date You will be noti. is I o� that da,t.o, Their approval was subject to the followltig° conditions: 1: submit road And ava.; nage plans to the dent. o;Jr Public Works for approval acid install the to iuirod f�tciliti.es:' 2. Cr►rl;icate a 15 ,foot building setback line from the T;ight- o:, way lino of Highway , e . i. Stroet signs shaft be p-rovided by the davelopet pit.. all stt'oe�t intersec:.tio.t>s per C,ountV recluiremonts.; (Subhtit 5 altez`nate street names :dor each sti`eet to the County Ad(l°ross Coordinator .dor app-eo- val of street naiads ��, Provide monumen:tation as roqui,r°erl by the of Public- Ray Johnson, jr. File Rezone 82. 42 March 18, 198 Pale Iti'or�s �.n accordance i•;" sth accepted stand rds. 5 Street �a ades u ces other features s2)al1 co. P1Y With tale Dutte Co unto- Ordinances, deli �ti res encrinerinR cltltion and other accEpte�3 g standards, 6• Provide Permanent on solut'ry � far dra�.r.abe, 7• A11 easements of record to be shoWn on the final rap. $. :deet requirements of Butte 'County, Fire Wept. or responsible agency. other' `y • Obtain s _tit encroachnent ern.it for neiv access. Also Provide all necessary data and material for an to State for ;leu openi.n of 1'trf Plication openin ,' r } S2 and closure at eXisting .,et": openin to be a Public road a � p� Pproa.c'l a Pay ofr assessments. 11• :'ect the requirtmcnts o ft ) PG&E, P,--c-i�.r aic cle jta c at utility companies l,e, ; P ri , gator, scl;`er) + File a tentative and final s1 't)clivisl on r„a.p rind PaY appro- Priate fees, 13. Constrt:ct` dard s , s e rout a v Trans s twllc�a:rdp ro ac h a t 1101,' 011 t ran ce ' , tc Cul 14, Co; atr;-ct i Iter or ran L s 1� d o Stt3nc;ard s'1Lti;,`n �;� tent�tivc mai; e Provide a 8e,roe;0 dis, t,,. I oral G�.tiigin hat me..ts t of t,ie butte County ty ;'deal t l n� , 'ro reclIli ref e 1t5 Pe,�ional �)1�ali tY ar�r•,0nt azncj t��c Mute Control �oarc, b., Protide a ca1'?,"t"t111it,. iutr j ` ' r* �.r si.I P1� 5'stc in campli�rzce t;°st?� the C,II i :-orni,. Stage Safe ,� ` � + +-1'li1�iJ.ri�t. ii'Kl6�,r Act, 17" Pr uvide air , ` L _ ,� �N adcciu; to tO ensure tno r,.pai r �ainto eddl elxtit Ct• of hers }lSSoc �jon or o'tht,r 1 Ofd� sros��l s �s te>>�,' ncc 'or rc�i,l aecP!c.' t y 18T Es tabus}l a land trust for the 156 acres t o, e y Space. P n 1 � Provide • 1' a zc�c =�rotcctiol far the raro plant A)oPtlletiuns. Conta � cu F� Y Mr. Ray Jojinso,n, J'r. File Rezone 52-4 Harch 18, 193 Page 3 a local botanist to'stale off anti otherwise protect tine rare plants, particularly during construction activities. 20. Utilite standard erosion control mi eas ,ires and construction practices to mainiiie erosion and other construction in, pacts Restrict use of heavy equipment to the actual. ureas of physical development; utilize access roads only for traversing site. Install adequate sized. cu'lve'rt beneath the access road at the Point i..hexe it is traversed by the seasonal strew.;, '(near. lot 2) 2'1. Pursue designation of the Fourteen i-lile )louse site as a "California Point of Ifistorical Interest" if deemed appropriate by local ar.d sta4e entities ar)d agreed upon by the Board of Supervisors. 22 Retain. resident vegetation to the Maxir m extent, parti- cularly along the Hi,ghi,.ay 32 frontage. 23. Utilize structural insulation, d; -;ening and site design., to reduce interior noise ,levels to a naxa.mur, of 45 d1p) (decibels). 24. implement; a fuel reduction progran and utilize fire resistant building naterials (roofing an(t siding) and landscaping to minimi =e X'i rc hazard. 75. C,ompl;F with Section 66473.1 of the Subdivision Niap Act requiring subdivisions to provide "to tho extent feasible, 'or future passive or natural heating or cooling opportun- ities in tie subdivision", to be acconpl ichecl through site: and building desi.gni 26. 8uilding permitapplications for residences in this subdivision sha,1: be strls,ject to any' school mitication fees established by an ordinance enact4d prior to t.ee filing of such application or a Com-niuni.ty Fncilities Act of 1982 District wi' 11 he created pursuant to California Governmwnt Code Section 53311, et, soq., covering the project area :prior to the issuance of Vin; 1st±ilei nr, Peine°ts. 27. Applicant must col -ply t•;itz all applicable state and local statutes, ordinances and r+etgulatio,•1s. If you have awy questions, please feel, free to contact our office. Sinccrely>, ? •,• , /13 'A. lU r c, h e r,, /hd Director o t Plann n CC'AOLUs .ANMIAsoN & RolitS As "AIUKAL W[ALTH OFFICE OF THE AUDITOn-CONTROLLEFJ County Adminfstrallon Building Clrovllfe, Calftornla P5965-3383 (916) 5311-4007 0GA'UTY March 17, 1983 Memorandum T0: Bettye Kircher, Planning Diautfe Co. Planning comrn,, 'rector - Attention: Bahl Turpin, Senior Planner -1I1, 7 y 1983 FROM: James L. Johansen, Auditor-ControTler oroy la, Gallrarnr SUBJECT Fiscal Impact Ana ysis Procedure used for 14 Mile House Rezone. p y your recent request we hpve ver b fi,, In accordance with ou impact anal sis preaarad b y _rae rw, Thr., n ly r �, Eco -Analysts,,, rf r�h _,.., s' i^- ('Iscal M h alta,. sis is unusual in that itis ar departurel�l romUeitherethee. per capita method or the marginal method which have historically been UCed. Aside from any specific concerns regartlahg the revenues a we believe that the analyst's assumptions regardin nd expenditures used; expended for residential areas should be documented substantial reliance is placed on the analysis, . percentage of effort in some way before any Some specific areas which occured to us that might be include the following; 9 worthy of further review 1. Assumption that the county currently charges fees costs of service provided b adequate to cover all the 83 approximate) y the health department as not correct: In 1982 y $500,000 of local non -fee revenue was required to support the health department, pp rt 2: The analyst states that service charge revenues were not ' and related costs not Included in that under the Count Administratohe cost com utatiori, Included as revenue, p However, it appears revenue apparently to Justly a 50 onallocatiortje oh uses service charge unincorporated areas when the unincorporated population h. residents of the the total county population. In addition, the, as s represents 56% of states is over 37% of the fatal administrative bud L or s office, which he equitably be allocated on an assessed valuatti`on orgparcelubd perhaps more believe, is approximately 60% unincorporated and 40% incorporated, basis which., I 3• Tliere appears to be an inconsistency in treatment The 7nalyst in the Health Services .and San^itation cost category only 60% of the costs "�� of .costs and revenues,; to resi eats of this t p f prcJectg on thelbasis Memo to Bettye, Kircher, Planning Director; Attn: Bill Turpin, Senior Planner March 17, 1983 ;Page Two that residents of the project will use private medical services instead. However, in attributing revenues to those same households under the Highway Users paragraph on page two, he includes mobile home fees which are clearly not attributable to this type of project. In summary, a cursory review of this new type fiscal impact analysis indicates to us that while the concept itself could prove ultimately appropriate, additional substantiation and justification of the bases of cost and revenue allocation, as well as a rigidly consistent application will, we 'believe, be necessary before such analyses a,o widely accepted. I hope that these impressions will be of some help to you. aLa/: the