HomeMy WebLinkAbout87-36 REZONES 3 OF 7r,
"environmentally superior" (Page, 168; Appendices T and U, Chico
Area Land Use Plan EIR)
5.Noise:
Noise levels for, the Cohasset"Road .corridor in the project
vicinity-'should be determined, and, based upon the, County noise
element and the criteria in the General Plan EIR, appropriate
residential setbacks 'established. (Chico Area Land Use Plan EIR,
1'a e
Page
6.
Land Use- The project request will, require the im osition of
q P
conditions in order to meet the conditional criteria in the Land
Use Element. I'n.accordance with Section 15064 of the State CEQA
Guidelines, air'' and water discharges Will by presumed not to be
significant if they meet current standards. Project conditions
cat, impose meeting,- these standards at time o£ subdivision
approval. Fire protection standards recently , adopted will
I
mitigate the fire danger.
7,
Traffica. Cohasset ,Road. Will not experience any significant
decline in level of service' resulting from. congttuct16n ,.of,
homesites in the project a,'rea (C rculatidh Element, Page 54);
traffic safety considerations must be itj;cerjt�. ed: into project
design, including appropriateaccess re6'trictioos, intersection
impravemen'ts; safe sight distance siting, left turn, deceleration
and acceleration lames.' The determination of the correct
combination of these features shall be accomplished at the time
the tentative subdivision map is submitted, for review.
S.
Public Services: Fire: Pay dater tender fees pursuant to Butte
County Fire Department Regulations, Schools* CUSD currently
collects buildet''s fees to be utilized for the District's capital
facilities needs, leo other significant impact to public services
Are anticipated; hence, there are not mitigations for pol.ico,
water supply, sewage disposal, solid wrste, electrical,' natural
gas, and telephone seevie:es.
9.
Health: Sewage disposal ` Will meet the requirements of the Butte
County Health Department., No additional'ntitigation is required:
1.0,
Open Spacer, The project proposes to establish' a grazing easement
covering approg mately 50 acres, This easemsht; in addition to
maintaining the agricultural use' of 'a portion 'of the site, will
maintain the rural, open-space character of the area while
providing rural hrinesites No additional mitigations required
.,
Inter-Depart,senta; DVMorandum
Ta. `
Butte County Board. of Supervisors
FrAo,
B.A: Kircher, Director of Plan
SUSAECT:
DAVE tdANTHEI, REZONE FILE#87-36, MOTION OF INTENT
OATE8,
October 14, 7;987
y
'Move: to 'uphold the appeal ,sof the requirement for an Environ
mental Impact Report, finding that all of the environmental''
concerns identified for the project have been adequately
addressed .in the Chico AreaT.,and Use Plan ETR of July 1982
Environmental Review Lug#80-03-05-07 and the TheIma
Lovedahl E.I.R. of October 19761 SCH#76081013, and require
the applicant to apply for a Development Agreement with the
County of Butte. The :Development Agreement is to include"
the following Mitigation Meas"uses;
;
1. Provide foi: the on-site detention of storm Mater for
later release when peak flows have subsided -in existing
drainage channels (Page 94, Chico Area Land Use.Plan
E.I..R.).
2.
sLandcUsees eposecl during constructir;n
tPagee7lteChicospreaoil
'Plan, Page 41, Item G.5<,
Land Use Element): -
3. Homesites are to be clustered resulting:in at least 50
acres of 'designated open space (Pages 69 and 122, Chico
i
Area Land Ilse Plan E.I.R. and P age 4.0; Item 3.a. of the
-
Land. Use Element).
4. Locate all homesites at least 200 feet from the east
right-of-way Line of Cohasset Road (Page 183,, Chico Area
Land.Use Plan- E. ylt: Page 7.0i..Noise Element;)..
a ,
;i
5. Provide left turn lanes , !Pall locations where project '
roads intersect Cohasset Road (13age 122,j Chico Area Land
Use Plan E.T'.'R.).,
6► Pay hater tender fees pursuant to Butte County Fire
Department requirements (Page 1240 Chico Area Land Use
Plan t.I.9., substituting wator tender fees for impact
ORR:BAKijmc
a
r
a;a „
Ni6idelines state both focuses as being appropriate. T;e staff is
responsible to focus on "p+tontially" significant impacts in the
r in consultation w:�th ,.he staff is
initial study applicant,
responsible to While
means to reduce the potentially significant
.;mpacts listed and discussed in the initial study• The applicant may
be able tc bring, forth information too show that certain identified
impacts will
p not occu at a significant'le'vel, propose a larger acreage
rezone to reduce the magnitude of the impacts or'modify the project
design/layout and voluntarily mitigate the impacts by means of 'special
conditions that ,are above and beyond the norm. A development agreement
or conditional zoning agreement were two Such means explored during the
three months of discussions with
the applicant about the environmental
determination for this project.
Determination of Significant Effect
IlIfan air emission ;or water discharge meets tate existing °standard for
A particular pollutant, the lead agency may presurti that the emission
or Aschage of the pollutant will not be a significant effect on the
envirorment.0 (Section 15064 of the State guideline
..s guidelins -see.
Appendix Iz'.)
The meeting of $tangs+ids; does not respon$ to CEQA regarding potential
impaWithcts.
prnje eXanole, roads are .developed to County standards
g: cif those standards (toes not necessarily
offset the off it impacts; Since :his project is at the
zoning stage, 'I -known Whether the various County standards can
be met or whets anticipated density Will be realized.
The :sea` 'fah c; s`ta,:f questioned sewage disposal and related health
haaavdA due to input received froiti the Environmental Health
bVisl' Since there as considerable doubt by the. staff of the Health
DepArtmem-) Environmental Health Division, it its the applicant's
responsibility to provide evidence to support the density of
residential development <proposed. The applicant would prefer to
pogtp(Jle ptovid* g such inrormation.unt'l after .the `ezone is acted on
y,' mmisson and Board of Supervisors: Since there is a
buestion� about tho soil. characteristics,' 'staff contends some
q
preliminary soil,$ investigation world musf be provided to the Health
Department, even before the rezone application receives final action.
In addition, the fact that art EIR was prepared in 1076 covering,thQ
pro,joct site indicates that there Were concerns with development, at
this location,,ftorn 40 acre parcels. The msgni'Ude, of this proposal is
ten times the density of the tbveddhl project fors the Richardson Hills
Subdivision and the soils Would not 'nave changed appreciably ih the
past 11 years,
Pol.cy.Consideration
"Where there remains A question as .to Aethor individual septic
p standards,' and the
disposal systems 'Will be able to meet current
a licAnti with this klde
s noweg; agrees to meet andards� should
pp t these st
data sheet and attachments (including various letters
andemoxandums)„
f
1
accomp?ishes the�objectrves listed by Mr. $ulster with
the exception of
recom_mendations�on mitigations; (Refax to Page 1) ,
Conc usion.and.Recommendation
°r
Deny 'the appeal and uphold the requirement for an EIR
frit!, the, Manthei
rezone, the EIR to be in the ;form of a supplement
to the'Thelma
Lyovedahl EIR..
,
i
c
„8AS :,BAK-. ].r,
cc:. David.Manthe
.sere Bolster
County Counsel
environmental Health
y
Public works
:
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rl:l�l-l�;..'�,�;�;��,—��"i�—�/�,
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Jere
Bolster .
September 1987
11, 7
Page
4.
ilindo mstroamf i,gfloodingof sbyause s a
ostederater 'toret reduce
ofeon-szteus
t,rmwater retention.'.
basins . ' Loss of Vegetation and habitat �puld occur from
preparation of homesites and construction of roads. The
Departm!3nt of 'Fish & Game letter of March 30, 1987 explains
the impacts tl? Wildlife.
(4)
Refer t`o the Department of Fish &.Game letter mentioned
above:
(S)
Impacts upon surrounding residential, agricultural, and I
publi, laird uses relate to the change of the area's char"
acter from grazing land 11with sparse residential density to
rural residential. Though there is disagreement, approval
of this rezone and successful subdivision of the 'land,
would serve as an incentive nor'nearby parcels (including
those within the Richardson Hills Subdivision) to seek
similar rezones and land division applications.
(6)
Air quality impacts have not been researched in detail,
Such as by contacting the Air pollution Control District.
The impacts notedgeneral
froincremental
reduction ofair qualiythat Would from22+ homes
m
on the property. Fireplaces and Wood stoves are as much of
`
a concern as vehicular emissions.
(7)
Archaeological and historical resources are no longer a
concern based on a prior archaeological survey. Clearance
is given with the understanding_ that, if any cultural
resources are uncovered during construction,' all wor11 k
would cease pe,° �I l ng an inspection by a qualified
archaeologist.
(8')
effects of traffic noise are noted for proposed dwellings
near Cot asset Road. Building setbacks and noise construe
tion standards would be proposed as part: of a conditional;,
zoning agreement or as a condit•,on/mitigation Measure for
a subsequent Tentative Subdivision Map.
(9)
Groundwater; aquifers and area wells. The availability
of adequate groundwater for u to 22 individual: wells Must
p ..,
:.
s
be d6monstratda to the satisfaction of the HnVitbrmental
Health Livision. There Would be greater certainty, of
water supply fox domestic use and fire protection with 'a
Community water system Arid me or more water storage facil.-
ides. Water tender fees are a recent option for assisting
future fire protection needs.
(1:0)
Light generated from outdoor security lighting is A miti-
gable .impact by proper placement and dirocting of lighting.
1 t,
Jere
Bolster
September ?1,I, 1..:987 -
Page
5. f
(11)
Impacts to transportation/circulation could occur from
200 or more vehicular, -trips per day at full buildout of
a 22 -lot subdivision. Mitigation measures/conditions are
recommended for off-site road work on Richardson Springs
Road and Cohasset Road.
t12)
Impacts to: public services are a concern given the County'sbudget
for the ,heriff18 Department, Fire Department and
road maintenan ,.. An .EIR would discuss the fiscal impacts
and means to mitigate the shortfalls. Mr. Manthei had
}earlier
offered to forma County Service Area to cover
the maintenance of ...roadways.
(13)
Impacts to public utilitiesincludingsolid waste and
disposal, and storm drainage are seen as ;impacts that
could be addressed by conditions and not require extensive
discussion within an EIR.
(14)
Sewage disposal and related health hazards. As indicated
E
in the May 11, 1987 memorandum from the Environmental Health
Division, there is concern about these parcels 1nt:otinq the
County ordinances for creation of 3 -acre parcFyl.s. As part
of the input on the County -initiated rezone ; n., this Vicin-
ity, the Envi onmental,` Health Division commehtt:d that the
40 -acre or larger ;parcels may need to be designated for
agricultural use only due to soil. constraints. The staff,,
believes evidence i' needed, at this point to demonstrate
the capability of the soils to handle parcels'of the sizes
proposed. Three to four feet of good soil over Approx-
imately two acres would be needed for 3 -acre parcels. The
leach field systems would ha- w to be, five: feet above
groundwater,
(15)
Aesthetics is a factor which could be addressed through
architectural standards; building setbacks and landscaping':
This impact is a secondary factor that would �ot require
6ktens1ve discussion within an EIR.
k
(16)
the Chico Area Recreation District: has 'previously expressed
concern about the incremental and cumulative effects of
rural residential development on their existing recrea,
tional facilities.
(1'7)
The cumulative effects of similar developMent are mentioned
in mems 11 and 12 of the initial study checklist'. While
cumUl.a`tive effects cannot be of a speculative nature, the
staff, and decision makers must exercise some ,judgment as
to the effects of adopting a residential zone of 3 acres
within an area that has predominantly larger acreage resi-
dential zoning categories* Some 3- and 5 -acre residential
\
NEGATIVE DEI:'LARATION REGARDING EWRONMENTAL IMPACT ! !i
1:
NOTICE IS 14EREBY!.GIVEN that the project described below has b �n
reviewed pursuant to the provisions o the California Envir'ol ttenta1
Quality'Act of 1970 (Public Resources Code 21100, et. sect.)^'and a
determination has been made that it will 'not have a signlicant
effect upon theenvironment. r"
✓
Log #;87-03-11-02
AP # 47-23-59, 60 File 87-36
2.
�f
DESCRIPTION OF'IPROJECT:jj
;Rezone from U to; FR -3
3
LOCATION OF PROJECT: Lots 2 and 3 of Richardson Hills Subdivision,
approxi 1/4 mile north of Richardson Springs Road on the east side of Cohasset
Road and the West side of Panorama Drive, northeast Chico.
4
NAME ANI7 ADDRESS OF PROJECT APPLICANT:
Dave Manthe3 Jere Bolster
83-85 Jackson Road 1'503 Manzanta
Sacramento>'Ca. 55526Chico, Ca., 95926
5.
MITIGATION MBASU B5
6.''
A copy of the initial study regarding the envi��oninental effect
of this project is on file at 7 Coujity' Center ;(�xive Oroville= ,
This study,waS.*
Adopted as presented.
Adopted with changes. Spetif'id modifications and
�-7 supporting reasons are: attached.
7,,'
;
g on was held by the
A pblac hearing on this Negative Declarati
decisaon inaking body,
nearing Body
Date of Deter.mination
D0terminat It on -
On the basis of the iiti'tial study. o env,i.;ronmental impact, the
information present st hearings„ comment:, received on the
proposal and our on knoWledge and independent research:
I've find the proposed prof ect C0U1 D NOT have a s 'gnif cant
[] ci ect an the en` ironment' and' a NEGATIVE DECLARATION is
hereby adopted:
Ile find that the lsroject COti, n' have a,significant effect
on the envirennten but. Will, not iiy thin case because of
attached mitigation mea8ares do8tt bed l.n item 5 above
which re by this, reference tade conditions of p'ro j ecct
approval. A, conditional NEGATIVE DECLARMON is hereby
adopted.
signattlte
Title
Datta
ATTAC194ENT A'
SU$JEC'T:
Rezone of'.3pproximately 81 acres from 0 (Unclassified)' to FR-
3 (Foothill Recreational - 3 acre parcels) property located
on the east side of Cohasset Road, approximately 1/4 mile
north of Richardson Springs Road; north of Chico.
Staff's
review of the pxoposed iteione from U, (Unclassified) to FR-3
. (Foothill
Recreational -3 acre parcels) has identified -'several ,
possible
significant impacts that could result from this project:
These
impacts are identified as follows:.
I.
soil erosion and slope- stability.
�_.
Flooding anchor property damage due to changes in absorption
rates, drainage patterns, andsurface water runoff, both on-site
and off-site.
314
Loss of vegetation and wildlife habitat on-site, including impacts
related to conwtruction of dams and, :3�].1ing of lakes.
4.
Wildlife on-site and off-site.
66
Impacts upon surrounding residential, agricultural and public land
ncludin li , dust '
uses,, g noise, ht
g , and aesthetic impacts,
6.
Air quality impacts , dur,11 tofugitiveldusto smoke, and ocher .
sources:
1
Archaeological and historical, resources
1` s.
Effeeta of traffic noise on prDposed dwelling sites bear Gohasset
Road.
9.
ldroUndVater, aquifers and area This analysis may include
test holes in appropriate locations and as determined by a
qualified hydrologist.. ';
Light generated on-site and impacts to tieighboring 'parcels.
11.
Impacts to transpextationtcirculat on including impacts to
Whasset. Road between :Chico and theP ro ect, site,
11.
lmp�Adt.§ including figadl impacts;; to public services including
fire protection and road m&intenande.'
13�
Impacts to public utilities including solid waste and disposal,
and storm drainage.
14:
Siwage disposal Arid related health hazards.
by Stats. 1980, Ch. 879; Amended by
l(Added
Stats. 19850 Chi, 1260; Amended by Stats. 19861
Ch' 190. Urgency; effective June 24' 1986.)
Notice of mobil ehccne
65669.8. A local agency to. which abplication
park Inversion
has been made for the conversion of a mobile-home
apo icati
park to another use shall, at least 30 days prior
t,o a hearing or any other action ,on the
application, inform the applicant in writing ,of
�{
the provisions of Section 798.56 of the Civil
Code and all applicable local requirements which
impose upon the applicant a duty to notify `�i
residents and mobilehome owners:of the mobilehcme
park of the proposea change in use, and shall
specify therein the mariner, in which the applicant
shall verify that residents and mobilehome owners
of the mobilehome park have been notified of the
proposed change, in use. Neither a hearing on the
application, nor any other action thereon, shall
be taken by the local: agency before the applicant
has satrisfactorily verified that 'the residents
and mobile'home owners have been to notified, in
the manner .nLtsari.bed by law or local regulatiofie
a1.er
"
This section shall remain in effect only until
January is 1989, and as of that date is repealed,
unless a later enacted statute:, which is
chaptered before January 1, 19890, deletes or
extends that date.
(r..ded Stats 1982, C h 13570
Xp cn
Pexvt t a i.rati
xv .tion appears
s an earlier e. ira
65863. Unless
on the face of the permit, any, permit whic�� is
itsued by a local agency in conjunction with a
tentative, subdivision.'map for a `planned unit
development shall expire no sooner than the
approved tentative map, or any extension U ereof,
hovet occurs r y
tahLoaal
coastal dev perms .issued by a
31c�pment
local agency in conjunction with,a tentative
subdivision map for a planned unit deVolopment
shat].. expire no sooner than the apprq�ved
tentative naps ,andany ektension of the map shall
be in accordance with the applicable local.,'
coastal programs if any, which "is in effect.
CA►ded by Stats. 1984, Ch. 990110
Article z.5i T.tValopment Agreements
Policy
65864. The tdgislatuzo finds and declares
ehatt
(a) The ladj of coxtaihty in the approval, of
developmen+� pro3ects can result in a waste of
resources; escalate the cost o£ housing and other
development to the consumers and ddisoouraje
investment in and commitment to tom rehensive
planning which would make maximum ef£icieht
i09
r� X14 t1 �;
r
utilization of resources at the le6st economic
cost to the public:
(b) Assurance to the applicant for a
development project that upon approval of the
project' the applicant may proceed with the
project in accordance with existing policies,
toles and regulaL•ons, and subject to conditions,
of approval, Vll strengthen the public planning
process, encourage private participation in
comprehensive planning. and reduce the economic
costs of development.
(c) The lack of: public facilitiesy including,
bAt not limited to streets, sewerage,
t,-ahsportationl drlinXing water, school, and
"t
ui':ility facilities,,, is a serious, impediment to.
:
tk,,e development of new hausng,Whenever
possible, applicants and local governments may
include provisions in agreement, whereby
appli carets are reimbursed over time for financing
public fadilltie84
(Amended by Stats. 1964, Ch. 1431)
Atsthb Lty to E-tstprr,
6586'5. (a) Any city, ocaunty, or city and
into a development agreement
;a nt
into anWith
county, may�nt,er
any pets n having a legal or equitable
interest in zea] property for the development of
iiia property as provides in this article.
(b) Ani' city may enter into a development
agreerrient with any person having a legal or
t.
equitable interest'_ in real property in
y . city's
Unincorporated ter, for within that o,f
:
ere of in luence for the development o the
property as provi�.ded in this article. lHMOVer
the agreer�nt shall curt become opercative unleLs
annexation proceedings annexing the property to.
the,ci aie oompI ted Within thy: period of time
t
specie^ed by the ngr�rement. _ If the annexation ins'
not oampleted within the time specified in the
agreement ar My elcteimion' ow the agreq=nt, the
agreeament ia` mall a►�d void.
(c) Every city, county, or city end county,
ohalli upon request of an appl'icanti r by
resolution or ordinances establish procedures and
requirements for the consideration of developmertt
agreements upon applicatiih by► or on babaIf of
the property owner or other person having a legal
ar equitable interest in the property.
{
(d) A Oityr cCunty, or 'city, and county may
recover i : om a��plicants the direct costs
associated' witri udopbing a resolution or
ordinance to osthbiish procedures and
requirements for the consideration of development
agreements .
((Amended by Stats. 10840 Ch. 751, Amended by
Stats. 1986; Ch, '857.)
11Q
y
Time for construction and completion of project.
a)
BEGINNING SOILINVESTIGATION. Property owner agrees to
Begin soils investigation an to prepare reports required
in order to obtain County Health Department and Regional
Water Quality Control Board approval for on-site sewage
disposal systems for each lot within 6 (six) months,
after the execution of this agreement.
b)
DURATION OF SOILS INVESTIGATION. 'Property owner anticipates,
Chat between l year an2l, 2 years will_ be needed to complete
investigations requiredfor approval of septic disposal '
systems. (through at least one complete weather cycle)
Progress will be mon4tored during periodicreviews as
hereinafter set .forth,
c)
VAILURE TO COMPLETE SOILS INVESTIGATION. If, at the second
perper ocfic'review, or at any periodic review thereafter) the
property owner has failed to 'obtain the requisite County and
State permits for on-site septic disposal systems, then
the County may, at its sole discretion, institute rezone
proceedings to place the 'property within an FR-40 zoning
cl.assif"ication.' Property owner :,hall, at the time ,this agree-
men t is executed; deliver to th4ttrCounty a. Gertificate of
Deposit in favor of the County sufficient to cover the costs,
Of such rezone acti.oni, This Ce.^tificate shall be autoniati-
cally renewed annually, and the County may, at such anniver-
sary dates, require property owner to`incre'ase the amount of°
said Certificate to .reflect the then current free schedule
for such rezone action. The County 8ha3 ,, on the date that
property owner obtains the requisite app�ivals or as soon as,
is practical thereafter, release and return said Certificate,
of Deposits along with all accrued interest thereon, to the
property owner.'
d)
COVENANT. Property owner shall, prior to the date of dxecut on
or—tyls agreement, record a covenant running with the land
which authorizes the County to initiate the aforemOntioned
rezone proceedings on behalf, of the property owner, or his
successor in interest, in accordaNnee with the provisions
of this agreement. The purpose of this covenant is to
provide notice of the pendency of this rezone action to
any heirs, assigns nn successor's in interest, prior to
the time that County and State approvals have been :granted.
The County shall, at, property owners expense, record a Quit
ClainoDeed relinquicting.its right to initiate said rezone
procedure at the time the property owner obtains the requi-
site, sewage disposal: permits.
r e
COMPLETION ;OF INVESTIGATION. Property owner agrees to
diligently prosecute tdc�om5letion the soild inVe,§tigatioti
work needed. to obtain all County and State approvals for
sewage disposal,
f)
PROGRESS REPORTS UNTIL SOIL-8,,WORK COMPLETE. Property owner
shallmake reports on the progress of the soils investigation
in such detail and at such time as the Planning Commission of
,.
the County :may reasonably regtf t.
gj
CERTIFICATE OF COMPLETION. Promptly after completion of the
projects the County sha_:,1 provide the property owner with an'
instrument so certifying. The certification is conclusive
determination that the obligation of the property owner under:
this Agreement, has been met. The certification shall be in
such form as will enable it to be recorded in the official
records of the County. -
b ;
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