HomeMy WebLinkAbout83-25 DAN HAY'S DEV. AGREE. (7):.rtezope to M-1 and DcveloPnent Agreement f;),i :"cn Rays,
and Nighway 99 (83_25) Fentz Road
November 4., 1982
In the memorandum sent to you an October 21, lJ'Aj, t was indicated
that the Comcouli
d hold a hearing on this project as early
as November is. We believe no1q, that the earliest the project could
be heard would he December 2,. The reasons for that date, or a,
later date, are listed below:. Most of thecomments
Counsel y stem from a
re'vicw at the draft development agreement bstaff and County
1. 5pec4fic comments on the draft deve�IOPPient agreement and
protect are:
1- The agreement does not p"'uvide information about
what uses are to be developed. on the property or
the -timing of such 'development. .Staff cannot make
a finding of t:.omplian.ce or fault without such infor-
matiart.
2. "The condition about submittal of high traffic genera:i
uses to Caltrans is not: enforceable.. Galtr.ans could
g
certainly review and recommend but their input would
not ;lead to mandatory compliance.
The agreement would empire in ten years. if little
or no light indust
ri al development were to proceed
e ISI -I zoning would remain: on the
a development agreement as a guaranteepofroertthe wi tyhp0 t
and quality of development that would occur.
4. It is unclear hero thy; devOIOPment agreement would
affect future land d„ivi,slons of the parcels. it
appears that when a such a land, division is proposed,
the County and the p i'opexty, olmet would need, to r .
the agreement for its applicability, evieiv
5. 'The development agrets
With conditions. It Woo lx
dalio v al� itlto a use permit;
Mises, i�n,cludin,g those that normally t�rould requ reht nauusr al
permit t:. M The only exc=eptions would be those: specific e
aures aJ ratted. Tit otl�Ger words,, once the County ,and the
ppl3.cant sign the agr'eemerit, there would 'be no further
hearings for use per,7ni.ts, or site development re�tfur
P;
��n
03--But-a99 RM 24.0
Hays Industrial
� Rezone
vid H� ton�:mus
Butte County
Planning Department
7 County Cenber Drive
Oroville, CA 95965
I
Dear Mr. Hironimus
s-batk you for the 0
p;0
0rtuxtj ,,
to re
the traffic-, assess,en t
and development agreement fury e
anindustrial, development, On, 2 rr 6 acres on h
Ppb �.ation of ,Dan days foz�
99 dear ;entz Road: cath s.iles of Hi
ghway
On Page 7 of the t�'affic assessment
portion of H'gh�Te t states that the two-le.�,e
traffic to be
99 is adequate to accommodate the
Caltrans €venerated "pay tie project, or a level of
s does not accept a 1p�;e of service level of service
to �anst� 1)le flows and momentary ! stopt��ges T,eve� which equ4tes
is onnsir red accepta lo.: 1 of service v' oe C
As4iur r'',r,3l my Clark,97eeod Laidquib; X34.4553
Sward of Sjoervisarr" Cat',/ Picts 534-4.777
4asiui^rtn° �"w, ordw. Gwen #�drtnnd 534-4601
tDecer: beT 22, 1982
Dan Hays
P.O. Box 304 0
Chico, Ca 95955
tie,
A w T r: A V4 U Ir
ELEANOR bt. 'BECKER
COUNTY CLERK—`RI:COR17EA
ADMINISTRATION 6UILpIN0 • 25 COUNTY CENT15R DRIVE
OROVILL„E, CALIFORNIA 45465.3375'
TmIephoner 534.4551
Mr. Dan Hays
P Q Box 5040
Chico', Ca.
9502
Re Rezone to M-1, and Development Agreement,
Pentz Road; and Highway 99, File 83-2s
Deux Mr. Hays
i
COJJNT'Y
f�i'IJ'C'IS 1cc�lt�t� Z,
RE(.�.�:l: T\ty 1 ,\'xl U,�,x';1 i7; �CA 'xl C l CI�21I'..�1TS0INI
-l)A
CT AA,._l_',X-K
.D
ant Rays Rezone from "A-Vt(CeTei',10 acre parcels) to 1'1-1 1) and ",s� 0" (Agrictiltural A��(Light Indus -trial)
With a de olopplent'
a�xctRr,cnt
for property Tocated o
99 an hoih sides o State il.i xti.°�yat,he ;�xLx•3�a�n-Oro i ie I a.y.,01,1tz Road inf:Lrdzan&c denti-
iCrl ats .xNP 40-13-22, 23, antd 24.
I been receivedbythe i roposed revise d develol»nern.t agreement
Cre�t�e7 or any of the C011
vc 5tr�ceter, rc ortod thatS�aEE earlier today an,that County
neiLhcr staC£ nissioncr had ha
tem;, i.�fely; ter€Learlier there land been. a d »a' chance to revie�' it ex
C '��utf�r G"oLtns.e2 and staff and. that this rev siiort-
z�rz t}1 eUut1Czop acattt,
�` R s Mcet;i.ng that staff had, not had t Brie to mrtke recc�rttnOutg Outgrowth
o
ec Ssary cttztditians :artcl that he t a ld r•ecotn,n�;nd coiit�ininIncc un01) t' ` r
cerr�}seir 16 til I)erhaps
«h� iri;tan Lambert sand t}lat she Would certaintly watt
th s docuMent aild make r eco:triandat.. ons j)1~tar �n � n esr nsel to rct�i esti
and su�,geste�d that early on the 1 to rnY ft tbenabyathe
t
6:30 since t1
le a,,enda is al.Toad he.- - PP �nr`.irtte
a
Y at iric'etirt-.
y "02; 1:a1
-issivnc2 Avis requested an oppOrtunity to "�liax•otr�hJ.y rc�riez,� this
-10 Way could he play "catch-trp�► to�liGitt.
Co•' ra s,si one r �enneLt xecosnnerEcleo that a t��J�
ole oVening be devoted to this
innybe laecembex 9. The developer said that he would Prefer
Deceziber 9 t.o 'the 16th.
CNai.rrtan Lambert opened the hearing,,
Dan } ys, J, , spoke briefly' concerrain� tlic �tistax � a£
r 11 t,r't:d� at .l'ength, the 'IT' fie t�Sses$n�ieItttr £Uz tl1C' area; t eXa,e�L' 1-t'`(:Il
nc,:rn regardiita the dispnri ty in the remarks from Caltrans: n2resed
cr
o��e�d carresi�azriience and the, traffic assessment.. He said that
Velop�ers would favor- the.. � the de-
rt�u aaz£actt�r%n location of a si►.--cio, ti
gasoline service a convenience stpE:rasmoe�nadsmall
4 �r tat a!?c at th zs location
h a�1illclson said that nou, t1 at there is s
Ogle mecliri to effectively
a ly# condxL.ic7rts on stxcli a l roPosal s this, �}�at it i:s a a
t naii.�c it, tl t he aad h` ,- c,,,�sary
p b1e
with the t;arralt�r. xs clients �� i l l coupe cooperate to in every way
Ttzc r L' �rs t;i a o n? U 0 i :- c c1 e Sir i
C(i¢ +2"Ji7nrs n1 to Speak. �.�'tct a
x-1 date fO contintnianc r Short discuss*
MO LI ]l i.as m4 de }�y sS i artcr
November 5, 19&2
I
ifAra� ��E�d� lYa8i6/l � Memorandum
m pagdum
a•
.Planning commission
Stove Streeter, Plannin
i a Dept
Timeline for rezone to 1i_i, AP 40-i3-22
t , and 24 Dan xIa}-s
October 21, 1982
? The Planning Commission could hold a hearing on this
project as early as November 18, We
would recommend a
mitrilrated ;negative declar: a development
i as the the, i
agreement
n2r�ans to implement 'the, mitigation measures,
g he
draft development agreetl�;fnt
is being reviewed by the ��lannin`
Department and County Ce,tutsel Also
I be
to the Office of Plann ;tg and Research; the eft
expected by November la's.
4_
€ ir'e have sent drr A.:u development; agreements to the State
Regional: Water t uali y�y Control
Board and Caltrans. Caltrans
also received the t7ka:ffic assessment submitted by the
cartt• It has
appli-
been determined that additional review through
tI'ie ;tate Clearinghouse: will
not be necessary so long:as we
deal directly with thr state agencies Mentione=d, (A 15
review
day
period would have been requested others+rise)
Resolution #81--229 sets forth the procedures for
property owners to enter into development
agreements with :the
County. Section C requires, in, part,, that "upon
receipt of
an application .0 tha results of the environmental investiga-
tions and the recommendations
of the Planning Department, the
Planning Commission shall schedule
sides the application,+� a public hearing to colt:-
Sime we. do not expect: to receive all the comments from
State anet local agencies until Octob 25,
er the amended
initial, ;study and development agreement will 'lot be available
until at least October 28.,
Recommendation
1.
�
Continue action on scheduling this matter until
October 28, tile. date of
your next meeting.
2. to , all is lit orderas
a motion to e expected, on that date, adopt
schedulthe
rezone application for, November l8
�pursuant to the procedure in Resolution 81A229', Section
C) .
Steve Street&t
Senior Planner
cc,-: Del Siemsen o County Counsel
T
October 12, 19$2
Mr. DaTi flays
P. q. Box 3040
Ch Ic o, Cad 95927
r!,s AP40-13-22o 23, 24
Planning # 83-25
It,0 &'Oun
4• R i. 1. 1 r id 1 W TI A 1'I ri, 5 Z A V� 1
PLANNING CQMMissioN
7 COUNTY CENTER DRIVE - O'ROVILLEI CALIFORNIA 95965
PRONE: 534.4601
(Writo or type in spice ProVided & return this sheet.)
►;
JP BUTTE COWTY FIRE vEpARTt1LrjT
ME PROMTtiti STANDARDS REVIEW
R;01;ATlpti ftp x . rhx m lDa tan lIw aPc� Lw'
w_
Calif-Deparfinentof.Foeotfr
Butte Courrfy Fire Deparime }.
This projeu mu!, t meet 'tile requirements in the Uniform � 'r Cooporeflvti Fire Profection
BuildingCode de amended to Butte County standards. *4
In aCcordar4e with Section 13.00 (Fire Standards) of the RICHARD D. TILLER
Improvement Standards, the water requirements for this
parcel/project are. (Applicable standards are checked)., Battalion Chief
}
13-01-1�Re u�r ient Nass T. A water supply for fire
prote�t&un wi"1T rfit be regr;t:d. Nnrrver, if the RORest t, PAtrVOs
I dtyne to w kler torage cy, t;r- has a Car , -r 1 srata roreitRonget Office (016) 841.2784
it rrr ,6" ! lm� deT,nt Ment Cob1rleCtion..0 County Fire vlerd6n Home 1410) 1145-2083
'tQ County Pub iic Works Standard 5-25 shali be
irrvtalled, floe fire department most be narrfied of any such connection. Such connection point crust be 1rtated
so that it ila rnarfily acfessihle to fits department ejuipment.
& ? 1 rtF= xtr:< 4 r(,rpr,t Cla,f, 2. A pre; surraed water sy ter,E with adequate numbers of hydrants is preferred, but if
trriy, t, not rrasbLe, .tir'folltwing option will sat!fy tile Fire department requirement for water,
mater storage tanks with a Capacity of 104150 gallons or wore. equipped with 4irect all weather access
at,d fire department ;;onnection (s -29)Y
( 1 b, In gr„unl .swimming pools equipped with a drafting connection or draftingdccess., nr,.
(, ) c. Adry UMdpipe system plumbed tit d reliable water source. Such standpiipe system will not exceed
4Q0 feet in lengttl,
There Susi~ be at Mast 10,000 gallons Of water available and strategically located for each 10 dwelic9s, or
psirtiens thereof. (Example: 11 dwellings iwould requirp two separated sources),Provisions must be z�ade to
insure that the water stored. is always available and accessible for use under all weather conditions.
13.01.3 Refill �I rent Class 3, A pressurized eorillUnItY hater systenn is required. Tentative hydrant 16,ations are
inilit 1111 tiro a tar.ied prelicinary inap. Final locations mmist be
maplexactly indicated and recorded ur, iiia final
;y
Nu,sier of hydriints required w , rlaxirmurm hydrant to hydrants dein
" ` p 9 feet, hydrant size
xit�� dm4'a,:,".1 :4=dve) and installed according to iiutte' rnunty fruh1ic k'orks, Specific:ation
5-27 and requirements Of real water agency,
( X) M G14ReVirermert_ Class 4= tarter for Fire protection is r'equrred. The preferable system is a hydrant system
capable of meeting the frire flow, requirements, if this is not feasible, a system involving independent pjmps,
static nater storage and dry standpipes May be substituted. Such
departa system is subject 'to the approval of tiire fire
rwnt, The aysaiTable water flow ruins such a sys.tr=� must, flow ,
volume of water: in Storage1a:us, be +gallons per minute. The Minimum
is Maintained to its desi o watra�.ity.'=" �` e> gallons, Provisions must be made to insure the systeM provided
13.011-S rte uiremient Classy. Fressurized water fors fere protection is dvdilable within 1,000 feet of the created
parcels. In lieu -of bearing tie r:ost or installing a r1k a hydrant(s) the developer may pay into the fire depart
rent hydrant fund'. pay ill -lieu fern into
�-u hydrant fund' based en $1.25 per frcrntaae
font. Fr6nt4ge is indicated by the red line On the aGG�c ted snap. Appeoxirtrate fee is $ ^� ,- Final
frontage CaTculati"on to he made by surveyor and r+ecorde4 on "Final Ma Frontage c i]cuTatbois w�ii ir«1u�e troth
sides of the street an included Streets.
( ) Other Cor iii dune;:.. un: -sin 4,0 ;give fir �xv�r err 2a cti��rt��s urtt� l � ci�ir�lc���l�nt m��
( )' Re3ponse tines for tho, first 3 fire .engines. is as folldrrts:
1. "iaCinn COMM
riioutes
2. Station
a _ 9 ,wCcA nUte s
.,
C ) In the Safety Fiftent of the Qutte County -General plan,. this project area is classified as a
,ire. hazard area.
.
WILLM4IC. it
Ccs BUD Fi I e � �p � County ICL.
Battalion Chief�
'Cly.
It a talion Chief "
Localwater agency r0lia rements for hydrants ray be re rpstrictiye,
le
fes" L's"
r +.
._. .,�+G* `�r+�/°" i.%CaL'� � .✓J .l1 1. i'il'i .l_ J �...a 1'. �.:� ��. �� /� w � � _ ..�
Q
'. rnu,Ya�>.ro'Mr+xf+..:ssx;,�grwa:ara�v.�»cycrm:�wxwr�•a,a..r xY a<ar- '{res5, t:,s �is+axmc F�.+y
�����.' 'irC✓ .Y.rs R*�;' °�:F'.x'. � �m�w � �ri'GP �: ����'F•�e� e..d0.�� aJ��'��a.1.�5
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7,
r
P'LANNI NG COMMISSI ON
7 COUNTY CENTER DRIVE - GZOVILLE, CALIa•ORNIA.95965
PHONE- 334,2601
October 5, 1982
Mr Llan Hay
P.O. Box 3040
Chico, Ca. 95927
RE Re-appl i.cat.ion for Rezoning
Dear Mr. Hays
The Planning Commission's action on September 23, 1982 approving
your application regarding the question of change of circumstance
to allow a re-application for rezoning from "A-21' CGeneral) and.
"A-40'11 (Agricultural - 40 acre Iparcels) to (Light Industrial)
was not appealed to the Board of Supervisors. It would now be
appropriate for you to make a net,, application for rezoning includ-
ing the consideration of a development abreemen.t-: in conformance
With the representations made before the Planning. Commission and
the Commission's action on your application.
Enclosed is the necessary zoning application fol.m and. a copy of
Resolution 81-229 urhich Resolution enumerates 1zprocedures and
requirements for development agreements"
Inasmuch as there is no "application form" for develapnent agree-
ment corsicleration it Will be necessary for you to submit 6 cop 4s
of the in-formation as required by Resolution 81-22.a. T'oge'ther
hath such other information you deem necessary* to aid, in proces,s -
ing the applica.tioa.
A check- for $444.00> was received on S+Wptember 28, 1982;, and has
been deposited kith. the County Treasurer. This check was not
accompanied by the required ,information and de es not constitute
an application; pursuant to Government. Code Section 6 S,9 20 et seq.,
Should you have any que,stiorts, please feel free to contact, this
cff�.ce
S i.nterel
A. Karcher
1 r
gw���
Director of Planning
�
Bnc,
c Bart Xe,I ,on
330 l;all Street,, Ch-co
03-BUt-99-.24.0
Hays Industrial and
Commercial 'Development
fir. Steve Streettr
Butte County Planning Department
7 County Center Drive
0roville, CA 9596
Dear lair. Streeter. �
In response to your tolephone request of this date, attached
is Caltrans' assessment of traffic impacts on Route 99 base,
+ on 25% site development as stated in the proposed Hays
Industrial and Commercial Development project adjacent to the
pentz Road Interchange. More intense develop ent of the
proposed project will cause proportionally ac,verse impacts to
traffic flow on Route 99
Very truly yours,:
f. LEO J. Tv.OMBATOiiE
?strict /Director of Transportation
A1.4
Alt,
.L ,
R. M. Nelson, Chief
Traffic Operations Branch A
Attachs
But ib CO. planning
_ EIEC � i'382
9rovilloclifataia
t,
c5zr:r
fr
r.- .
,' "� �` _: ...;.,,: !,.:....Ir». ��'f�...�, cj �11�Y �� �•1��lY� •1�.�.r�'( 'I 11C..r �,e� �V U/• �,�
r °. - yF.ure� w sIL w4_ -'�" L.n .. a" ` �Y,P (/ • ��
,r~M� t'f n.�..e,...T.r.+. a
° ala
yt
M
u �` `` �� ,..� d • �.�r�r�% � � .3 ,� �i� �_� � ��.� r�'fv, y ri � 17,5 l r:�i'��; �fY� u.�
x
i
DESCRIPTTOIv'�^;�
CURRENT TRAFFIC r
ON STATE Hta75: ,, N0, OF
STATE 1.it+)TI.
LANES
19 P/ADT t3Y�rc .
.� 14-1s;»�
. LEVEL.
'SER, A
- 'la -o I
PK, HR. i a Y
2 �-tlAY, /o IN PK r HR,
$
PK4 HR. L -WAY
C
= <rcc
LEVEL OF SERVICE
i
;D
= / 7,&o
E
PAGE SIO. IN REPORT
Ii,Jtw"ITS ACRES
DU/Ar
DENSITY: LOW, UEDIM-fHIGH
: j3 r' •^•`� a Cls r'/r/c r
TRIP v1 �-
pAC, T OR`
st /.G 11�t' f 5'tii �O� '` t�+ Si vi •:
'TRIPS ENT E MNG STATE H67Y.
ADT
P.f:. HR.
INCREASE IN ,ADT
VEW ;PEAK 'HOUR. 2 -WAY 1-mAy
Eti LEVEL OF SERVICE
i3 i
Ar
�....'`-.J"J" ��r ra �drYx r'a 0.r �,.r'r+'+✓ L%,'_ �Mr'J v �y •
�,,
Y7 �.1
�✓�
4 M61
5-p
TWETaFTIir Thor ty or Lire Ch. -tor h'►rn r,4j.,o* st rairrj* `tfd to Gn 1 to
1 Which the pro�rioLonf' or this � ,s:r'nt aP3� � l� is Sit' A(1, in:
f� '
2 Wit)
County or A!itte,Stag or Califaiaizl Ind is TH,rticai,rly dnscribrd'
-3 as follaast
3ce 3pl -
y Order No. 9039
x
SCxlPr1 0
All. that certaln real propArty aituete in t11e.Copnty of ' ,Butte, State of Calif-
oamia�, described as folIowal
PARCEL 1:
All that portion af'the South half of the Northwest quarter; the
an/ sa,,thwest
quarter of section 3, Township 20 North, Range 3 East, MdD,$: a ?i«. lying.5outh
and Gleet of the.(),roville-Magalli Road.
known as the Clark E'oad,. as the saoe ex-
fisted June 1RY 1943.
EXCEPTING Tt,,v kZ,—rgo 1 that portion eonvoyod in the. Deed 'from 4 tat d 2! ianchea, n
cs�rpiz«ati.00,, to the- County of butte, dated 1'¢brtlarY 1 196a
and retarded ?.'arch 1G-,
1411 iia Book 1232 of official Records, at papa72R ca;ards of Butte County,,
ifornia,
C41-
i PARCEL. 1.
The East half of Lot l of the Northeast raartcr, being, the Southr1$.t quartxr of
j the ltiortheaaC qunrCer, the 'Southeast quarter; Ani
tite East hslf of Che 5autlaaeet
quarter of Section 4, Township 20 North,_:tangs 3 East, MA).B.. & it.
PARCEL 3:
We East half', the Southeast quarter of t;te goutier of the
tarthwest quarter; the Nartheast:
qUjr and the South half of the Southwest quarter of
Section. 56 To'-Whip:20 North, Rata; ¢. 3 East, li.D,'S.
` PARCEL At
Ail that Port err of the NOrthtds5 quarter of the Northeast quarter of section 1.
Township 20 North, Range. 3 last, H,D B. I� Ti., lying Northerly and Easterly
State
of the
highway, formerly known -s the Orov lSc-Chico Coun4y $.oad, as tbtz Same ex-
fated June, 18 1943.
PARCEL S:
All that portion of Section 8. Township 20 North, Range 3 East, 2t,D ii,
lying y and Ehatcrly of the S,Atet111SWay,
formerly known ars the oroville-
county
ChiC:a g , as. the Game exia,ed June 16, 1943.
PARCEL 6 -
The Norah half; the 'Northwest quarter of the Southeast quarter, and all that par—
tion of the Southwest quarter of Section 9,
TbsMsblp 20 porch, Ra.,ge 3 East,
B. & H.,, Lying ilartha>"Iy and Easterly o£ the state H3ghvay, form Idrly koovn as the
Qroville-Chita County Road, as
tha same existed lune lS, 19n3.
PARCEL 7:
The south halt of the Sauthvest quarter, the Northwest quarter o the 5cathvuot
North half of Vection 10f
qugttert and all that portion of the NTownship: 20 North,
Range; 3 ;East, :?l,D.i3. & ti,, lying Westerly, and. Southerly of Clark
the Road
¢nmc existed Juni, 18, 1,94.3'., , au the
EXCEPTING THEREFROM All that portiontying Ear. of the Glontc£ly line of the
lead conveyed in the Deed from Land
1�►
H Ranches, to etarporatioaf to tha Ceaanty of
' (continued)
order'No. 94739f act 3pi
bESCRIPTI011 -continued'
Qnntivlvation of "Parcel 7
.511tte, dated February T. 1963 and; xe.,orvcd 3i -sr }t 14, 146,1 in tot 1232 of offic-
ial Records. at page 668, 'records of Butte, "bunty, Calif-ruta.
0s
PAAC£. 8;
The W;at half', tha souttlweot quarter of the Southeast quarter.. the ak, rfi half
_
a}" Cha' South half of �.hc }torthwast gvar'.er -of thl? Nertlfic.1St quarter; Ote
SoutituexL quarter of the 146rtheast quarter; the North half' or tite �orthucst
quarter of the Southeast quarter> all rb.^t portion test of Orovil.le-Pert,. County
Road, ars the same existed in 1922' in the South alf of the south t>: of ere
Northeast quarter of the ti'orclseant quartet . anj in the Southeast quarter of the
Northeast quhrter and irk th-- 1,17orth halt '_f the N'ortlioast goarter sof the South-
east -quartcr, alt in Section 15, 't'o«r.;ship +fM Northj Range 3 east, H.D.B. }i3
EXCEPTING 7Tt£REFROK a parcel described sr. €ollowa. Beginning at the hest quarto
co"er of said Section 15, running thence ;forth 0* ISO 40" West along the West
boundary line of said Section 15* 4.;s feet co .4 p:+int In the ,gvutbwcst boondu'y
of the County Road,, tYaversitog $did Stccl.un 1+a thinkie svyutlt W 721 +4" £:m
along said 'Southwest boundary line. 75 fonts thared South 34` 47' 204' best 11.1
t
- 1. a.i.�.. '!l...1, L»....+.]'� u. 1 s. -. -North
- feat :ta' apL7IFli .J.Y,. star-T.i2i vK JfiyaiiY i1',YE; t4 $niu +J,.ctian •}i thence <1ar�,h....6]"19'
40" Wes: along t.tt Wi-at :-„tdary line Qi said Section :15, to rho -point of
beginning
Wo EXCEPTING TREREFRot u parcel contaluing 0.32 a".*s toro rr less, described
In deed. from Naomi 11WA to County of Butte, recorded: December 12'', 1930 in Bonk
'
217 £ Deedspage 45F, rocordts of Butte County. Cltlifazni4-
ALSO EXCEPTING 'i'MtEREFROM a 60 foot strip as det;ctibcd In decd ftGet ;lCam Poeix
of a1 to County of Sutt , recorded April 13,11M in Book "IV' Of Decds. gage U6.
records of Vette County., California.
ALSO: EXCEPTING 12EREFROIK,; a portion of Section 15, To~ltt.,hip .0 }forth. Range 3 East
door'ribed as follows',
Beginning lit the Inter:srlet+oar,. f the South line of ca#d v -:Ciera )5 with the West
Una, of Clark Road;, from Which point the Scutheast cornez of s5id St#conn bears
South 87' 371 East, 135836 feat distant, thence ,:otitis 811 371 t:rsr 1£7.71 feet
aruc
along: said South line; thence- leave said Se,.:'on ling*, .Jong a non -tangent carve-
concave to the Southwest'hav;.na a radius of 250.4 feet. through a central angle
concave
of 37" 21' 29” for distance of 163.01 feet (the long chord bears North 670 13'
48" West 160.14 feet); thence north. 40°' 421 11" (test 414.15 feet, thence ?forth
11" 54' iG' East 38.08 feet; thence South Sb° ;07' East, 259.15 feet to a. point
to said krest line of Clark Aovd thence: South 3' 53' West 164-86 feet to the poi -,C
of beginning.
t.i,SO EXCEPTING THFREFRO}i all that portion of Section 15, Tou-zsship 20 Korth. gange
3 East, K.D.H. con`ieyea in Peed frau CLrald V.. openshaw and Phyllis A. Oveoshacr
Y
husband and wife 'ta the E�,ate of California, dated June 24, 1158 and recorded
•`>
December 3. 1958 in Book "y68" of Officiul Recot:ds, page 524, records of butteGO
County, California.
co
(continued)
i
® Girder No.. 447.39.3cc' 3p1
DESCRIPTION.- Gontinved
continuation of F real 8'
®sr 1 ALSO aCEPT;,NG !n1EUFROhi all .that portion of said 'Section 15, lying the £nsterly, boundary of the land convoyed'in ,he dead to the State 1Eafstelly of
dated .tune 24, 1958 ane recorded L'eOlviavr 3, 1Zhe i' ifornla
At pn8e $24, records at Butte County, California, n 3ook 3GB of 0ffieial Records,
ALSO EXCEPTING THEREfpOH al'Portion.
Pead frog G,;�rald 0 nnaha�z 1 teat is£ said 5ec.lon 13, conveyed:�,n tht
rocorded. may p to the•Statw of Californin, dated October 3„ 1961. and_
y xC4 1962 is Buck 1)81 or Off 041 Records, gt page 6T2. record* of
D.utta County, Cslifcrne.
The Southeast quarter of the Northeast quarter of Section 21, To
Range North,
Range 3 East, H.D.B. b M.
PARCEL I0.
.111 thatattSon of the Narth half of Section 22, To"
ship 20 North, Range 3
East, H.D.B. a H., lying Westerly of the Mese line of
as th
the State Righvay Route S7,
:e same existed September 16, 19,64.
EXCEPTING'THEREFRQ.! the fallovIng ts1o, (Z) parcels of land:
fa)' Comwencing at a stake at the southwest corner of Section 14, sa#d Township
and Range; thence South 566 30' hest 1575.0 feet Lo an iron pipe in a fence
line on the Kest- side of the Oroville-Chtcn Stake }1'
beginning, tiFoncc frut poi
raro said true paint of beginningi05yuth Sh far t1?'he tWcse 75l�t1f
feet to at, iron pipe; tfiv ce South 646, •3
Ea0' East 4,73.0 feet to nn iron. pipe; thence
North 5t3° 22s East 112,5 feet, to an i.rnn pipe; thence North: 304 17, East 229.8
tech to an iron pipe to the fence line on the Westerly side of the Oravi le -Chico
Highway; thence North 30° 17' East W.0 Cect to the centerline of said State tC14h4car;
thence along 531 centerline North 25°' 01* Bust, 421.p fact; thence South 57° 19l
West, 43 teen more or Jess, to the point o.f beginning.
Commfe"C"O at, a point in the southwesterly boundary line of the Oroville-Chico
ti>,hWay from "ich point the NorthRast c
East adistorner of said Section 22 hta'rs tiort.r 2=10 231.
ance of 143tx,i39 fcrt thence South ',121 *12' East -along the SQuthl�estn iy
bauudary line of said Highway, a di,stairce of 547,16 feet; thence South 50° u7'
West a distance of 20 fent; thence South 316 53` Ensc a distance ¢f 14:.:138 tett. to
the gest and 'Nest center llna of said Section. 22, thence istanceving Of' 5.68-
liiglrrr�y South 8?° .2 a' West ah.onJ the East and West center ling of $aid Sz4ti n 22,nd.jry, Of _5#,d
a distance. of� �107;x,.3 feet, thence ,Porth 9° 53' Wrst a dishanca of 14Id feet,:
thence North 560 32' t1Ist, a distance of 7;iSM feet Lo the point of beginning.
eescr bed;line:TtiEREFRQ*S all that portion, lying Northeasterly of the following
t Beginning '= Porn, distant South, 19°51124" Hest, 2349.93 feet from the North-
east corner of- Said Section 22, said point also being 114.40 feet Xosterly, mean" `a:>
sured at right angles from the "B2" line: at EBinect's Station "BZ'" 312+$3.32 of
the Department of Public Works' 1956 Survey from Oroville to Jarbo Gap, Road III --
But -21-B; thence from a tangent t3:st bears North 35°11`33" Vest, along a curve
to she. left, with a radius of 1435.0 feet, through an, angle of 16'00'4,4" t30
length of 451.12 feet; thence North 53°12'17" k7est, 455,2b fper; thanes alonga,surae to tae right with a radius of 1500.0 feet, through an angle of 63'2(!'46",
3n arc length of 165@.40 feet to a point that is 80.0 feet Westerly,, measured -t r•+
right angles from the ''B3" line, ut Engineer's Station "R3" 337+00..00 o£ the
�fe-eaaid.Survey. k
P,
� a
-Departmental, Memorandum
7d. Planning commission
Falivu Steve StTeeterl Planning
a suasrera Annual Revieiv of Development Agreement on ,AP 40-13-22 (lean Hays)
i
Dh7CI March 8, 1984
Attached is a copy of the Development Agreement for property.
located on both sides of State Highway 99 at the Durham-Oroville
flighWay/Pent z Road interchange, identified as AP 40-13-22 23
and 24, southeast of Chico. '
The agreement applies to 82.6 acres under the ownership of Dann
' Hays. The Board of Supervisors adopted Ordinance No. 2342
approving the Development Agreement on March 15, 1983 andthe
Ordinance took effect on April 14, 1983. This agreement is in
force through March 15, 1993 -with provisions for an annual
review by -the Planning Commission.
No construction has occurred on the subject
The only activity in the pas J property to date
p year occurred in June 1983 when
there was a proposal to construct an arena/amphitheater on the
57 acre parcel identified as AP 40-13-22. Though building and
grading plans were submitted to the County Building Department
for plan checking, no building permit applications were actually
applied for. The applicant paid the appropriate plan checking
fees, but did not Pursue the project through to completion,
Cansideration had been given to holding the Beach. Boys' Concert
on a portion of the 57 acme site. However, after Consultation
with local and state agency= representatives, ` it was decided
the concerns with traffic and other matters would make such
a concert difficult Zo hold at that location. Bventually, the
concert was scheduled at the University Stadium of C8U, Chico
in July 1.98.
Also in July 1983, the Board of Supervisors determined that the
proposed amphitheater is an allowed use within the Ii=1 zoning
district, but is still subject to the requirements or restrictions_
of the Development Agreement. The area devoted to the amphi-
theater and required accessory use Snust 'be located within the
Commercial Zone percentages,,
We tivi;ll notify the applicant of the annual relrie`.t by the, Commission
on IMarch 15. if the applicant is able to appear, you will 'be able
to determine more cleafly hoax the Development Agreement relates to
future plans of the applicant for the subject property,,.
S'AS:1kt,
Memor "w
o Planning Commission
.aauo Steve Streeter, Planning
svatrcx: Annual Review of Development Agreement on AP 40-13-22, 23, a 24 (Dan Hays)
aArs: February 22, 1985
Attached: is a copy of the memorandum from the first annual review and the
original development agreement for the subject property.
Activity .since lase �eazt
1 According to the Building Division of the Public Works Department, there
have been no building'
permits taken out for, any of the subject parcels.
2., A tentative industrial, subdivist►on map was submitted to the County in
September 1983, The Plateau Park Industrial Subdivision is ready to be
scheduled with the Subdivision Committee subject to clearance .from the
Health Department for g,
p aate� supply and sewage disposal. The Environmental
Health Division previously commented that '�appraval of this rezone (meet
A--2 and A-40 to M-1) is not a guarantee that
be
developed on septic systems due to minimal soil ydepths Andcels inehardpanareaalayers
throughout the area."
The proposed subdivision involves AP 40-13-22, the 52 acre ± parcel at the
northeast corner of the intersection of Highway g Y 910 and Durham Pentc.Road;
Kneteen parcels are propose
d ranging in size from One acre to 6.25 acnes.
Parcel 10, a 4.3 acre parcel, indicates a proposed use of,a junk
a
Such a use is a violation of the adopted.Development Agreement and �,00ldt-not
be allowable
A, C O '
PY of the tentative map 'will be available for review at the March 7, 1985
r�aeting.
Recommendations
A•' Note that the Planning Commission has conducted the annual review of the
Development Agreement and finds that there have been no applications for
permits and no development as of March, 7, 1985 and, therefore, no violation
of the Development Agreementto date.
B. Find that the proposed subdivision is acceptable so long as it adhezes ra
the adopted Development Agreement. If exceptlons to the Development Agree
ment are requested by the applicant, the matter shall 'be referred; to the
Board of superviso°rs foyr termination or modification o
to Reso.�lution 84-160 ptaceedings Pursuant
(procedures f development agreements).
nz
SAs:Ir
Attachments. March 8, 1584;Mem6 andum'
Development Agreement -March 75, 1983
hocation Exhibit
Resolution 84-160
�fi i r
will
Wdilltor,,:
IJ
yLt P '- rte-
S4� . _ _.�
!,�; '<-
}, - �� ,Q
✓-, co rl Mr r O�x. `,�;,� '� '�Q ar �t;T..a1,.-,a, ..,�.r't} j:+•'4�'r
1
.+.+..+w. e� ��i1".. � � � +4 ��1'.'�� sd'.::H'� •moi:-�-r s� ��°+'--��1'� '" �_- '�.-. a�� ..J�t.'�r�' •'�i....y-�+:'�i.r-` -
ee A
dd •••' Resolution ATo_
C0
RESOLUTION Of THE BOARD OF SUPERVISOR$ GF THE COUNTY
ITTINC P`'A'PE2T`
ESTABLISIiING PRUQEDURES PFFi
OF BUTTE.1EE}.I1. THEP1tNT AGR 1
QtiNEP.S TO ENTER INTO DEVELaN
COUNTY PUfiS[TANT TOGOVEMVEKT CODE SECTION
S' 65 65 et sect..
WHEREAS, this Board wishes to provide greater certa r `y to real
�r
estate developers as to their ability to proceed with development projects
which are found to to consistent with the Butte County General Plan and
confor,<i with all applicable County regulations; and
WHEREAS, the State Legislature by enacting Government Coe X65864
through 65869.52 effective Januar;- 1, 1980 has author=�-�1 the county to
enter into, development agreements wldc joulcl help, to provide such certainty;
and
;JIIEREAS, such agreements may also serve to reduce Ceuny Pro
cess gig time through the combining and concurrent , rocess ng of related
applications., Which are new =�on derea sequentially; and
t ;HEREAS, Such agreements will enable the County to enforce
conditions impasecl upon a development by contract late principles as an
alternative to other existirig means of legal. e`aforcement-
NOWTIGEF.EFQRE,' "BE IT RESOLVED:that the follolt ng procedures. are
adopted:
r T AGREEME-11T PRQCED[IRES x lel] RE(�t�ZRE'tENTS
DEVELOPMENT PA tEN - -
A. Appl�,cation..
1, Dors do anon of a development agreement, pursuar,� to �yrticl.es 2 � 5,
tle '7 of the 'California Gaverament Code, co menc?rrg ti
Chapter 4, Ti�rith
section 65864 shall be initiatedby an applicant (who shall be Joined
if the, app,
licant is not the fee owner j and collectively
there-
-or, ein_ by the ojV-ner j
hereinafter called APLICAhT, filing, an application for. such consideration
Frith the; _Butte Counter P7 aanjo Department.
Thea licat,ion shall include
a, A pred, agreement which shall,reflect the following: _
(1� A legal description of pTODerty sought to be covered by
tip a graement r
description o'7 the proposed uses., height and size of
iia hpmneiiieatt` E
P -ow'h Elie PUM' h� �%
1 � - tice I.ioard of iii +�rv' ._ .
' p 5ors shall_. cendl=
tiorially or ul condlti fnflly approve, disapprev.=; or approve as modified by the
Board the appji atiori, and if approved or approved as modified, shall
authorize the Chairman of the .Board of Supervisors to execute said agreement
on behalf of the County. Formal approval of a development agreement shall
be accomplished byr ordinance ('6S8`67.S),.. A clove Iop;nent agreement shall not
be approved unless the legislative body finds that the provisions of the
agreement -'are consistent, With the generalplan: and any applicable specific
plan_`'
3. No agreement shall be e�cecuted b the Chairman of the Board of
suer ; _� �at_11 i has- been executed by the :APPLICANT. if the APPLICANT
pas noti e:+c::iit::d the agreemG,.zt, or S modified bythe Board cif
Supe.rvisors., and returned said executed agreement to the Chairman for hi s
execution within 30 days of Board approval, said application shall be deemed
withdrawn byAPPLICANT and the Chairman shall not execute the agreement
4 Within 10 days after the Chairman executes a development agreement,'
the Clerk of the.'Board of Supervisors shall cause a copy thereof to be
recorded.,
F S. All agreement provisions axe subject to modification or suspensien
as set forth in Article 2.S, Chapter 4, Title 7 of the California. Govern
ment Code commencing with Section 6S864-.
E Annual Review.
1.4 All development agreements shall be reviewed by the Planning
Commission at least once every twe=ire months, unless the agreement provides
for ..:are frequent review, in which case th-_ agreement shall prevail.
2. The purpose of the review shall be to inquire into the. good faith.
compliance of the APPLICANT with the terms of the agreement,, and in the case
of an agreement which provides for more frequent review, for any other pur-
pose which may, be specified in said agreement... The burden of demonstrating
good faith compliance shall rest with, APPLICANT.
3. Prior to each review, the Planning Department shall file a report
with the Planning Commission relative to all development which has occurred
under the agreement -subsequent to the last past review and any other matters
j
,which .the Planniu-g Department wishes to bring to the Planning Commission's
attention.
4 If, foZior,rin.g a review of an agreement, it is determined that the
agreement should he terminated or modified, the matter shall be referred ,