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HomeMy WebLinkAbout90-10 REZONE PLANNING 1 OF 3iIIItIIIIitIIiIIIIItIIIi6 , 4A IItIIJ, Ili, p IIIItItIIIItIIItIINII4 lip III"4_4 ItIIItIl IIse INI14 ItIIII-r-�) O '01 IItItIck 7''m I14 th ItIIItIIIF" I SG tIit+ IIIIIIIIIIIIIFF tSG IIIIIuj titUj II+ !E�D�s 10, IC) I17. IItII, kt IIIIt. A ItfAO Vt A O cots II+ IS,4 I'IV D IIIIIA Vs IIIIf IIIIIttmu Ie ILF' kS"� S1, (Nvz "74 .44. IItI7 J4 IitIitIIIi A'IF IIIIIt POSA OA Ii"r IItIIIIIIIIIIIota, IiIS tA itINIIIAf IIi IITIIIIttIjr IIIIIIIIh� 4. lVat IIItIIItII44 I11 404 t IiIIIIall Iya 1 1 1 , � �( i A .�, `0 ', , , , I I 11 N", sown IIl1, J, IIIIIIIILay I_TM owl r, IIIIfIIlWhy "top IImp k jj CIO POP- Q IlZA t IIiIIIIIinto I44,, IIIIIIIIlIIowl IIW4. IIIIIIIIIIIIIWop IIIIlIIIIIIIIIIIIIIq7 III.? WosT IIIIIKim, Is IIIIIIIins- a IIifIIIIFk IIIIIIII41 v IItiIa OPP Iwen NU IWp, ail; saw I4,)ft IIit; I17 I1b CC ex. 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JL-b� on property- zoned PAC loc.,-=.dat the Souuthwest cr--�P.j; of Joshua. TreeRoad and Wa}intersection. 9.,10 &, 11 identified as AP - toxn(area: Chico GENERA PLAY DESIGNATION' FR—APP FEE PAID:DATE APPLiCAT_TOK ACC'PT ; - RECEIPT N1FffiER: PENAL APP, PAID: $ 487 .00 ,gECEIpT NU.,jBER: 11073 11-13-89 REZONING PETITION- SIGNATURES CHECKED' PERCENTAGE: , / fJ 6�2 % W'F c B S Z <' MAILING LIST' PREPARED MAL.-OUZ NOTICES %R—r= { NOTICES.HA= { NUMBER; News : b. `` LEGAL DESCRIPTIO& PREPARED PUBLICATION ;NOTICE WRI= DISPLAY AD PRF_iA.RED NEWSPAPER PUBLICATION C 33 C, B R. DATE of PUBLECATIox:. ZNITLaL- STUDY PREPARID rte. 1RONMMrrAL: DETEPM;XATION Categorical Exemption. FILED:- Negative: Declaration. FZLED': Mitigated Negative. Declaration F?1;17D. Environmental Impact Report CERTIFIED: Other: STATE CLcAR0GIMUSE IUMBER: APPLICANNTs REPRESrENT_A' is VO=CATION OF .-ry.!Ar[RONMEti LN DEIEF-412MAT 0Y PLA: s G COMMISSICY f--ARING(s) c Z m.A-/Z s'v 6Dv o r BOARD OF SU`PE?V1S0RS'Er,'(G(s). (7- ESOtUT-TCY NL,%SER(GE;s) ORDI ANYCr Num NOTTCY OF DEIER.`INATI021 (kopendix: s) F.�" 9` ADOPTz....)T ADOPM: 90-43 Closed hearing - Posada'Way Investors, Pete Giampaoli the Planning Commissions regUireme-nt for an i appeal of PA -C environmental impact report on a re»one from to R-3 (residential) for property (planned area cluster) located at the southwest corner of Joshua Trey Road and Posada. way intersection, identified as .AP 007-31',0-008, 0091 010,-011, Chico. (400) MOTION: MOTION OF INTENT TO UPHOLD THE APPEAL OF THE FOR AN PLANNING COMMISSION'S REOUIJ�EMEN7? ENVIWENTAL IMPACT REPORT j AND BRING IT BACK ON THE BOARD'S AGENDA OF FE,BRLI'AR;Y b, 1990 S M VOTE.. 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BUTTE COUNTY BOARb OF SUPERVISOR5 MINUTES - Vebr'aatry 30,, 1990 9:0-59� Closed hearing - Posada Way Investors, Pete Giampaoli - o appeal of the Plannin Commission s re environxiental g � requirement for an impact report on a rezone from PA -C (planned area cluster) to R-3 (residential) for located at the southwest corner of Joshua Tree Roadand Posada Way intersection, identified as 0091 010, 011, Chico. (347) AP 007-310-00$� MOTION: MOVE TO FIND THAT THE PROPOSED REZONE AND ASSOCIATED Rr;Q'UIREMENT FOR EXPANSION OF CHICO Is SEWER SERVICE DISTRICT WTLL SIGNIFICANT EFFECT ON THE ENVIRONMENT BEC SEA In _ THE PROPOSED SEWER LINE EXTENSION IS NOT- A TRUNK LINE; AND AREA. WILL ONLY SERVE A LIMITED 2THE PARCELS TO BE SERVED BY Y EXISTING D THE SEWER ARE SURROUNDED B ,. DEVELOPMENT AND THE SE EROPO EXTENSION WILL NOT ALTER EXISTING SED LAND USE IN THE AREA. 3 THE PROJECT WILL NOT INDUCE SUBSTANTIAL GROWTH OR CONCENTRATION OF POPULATION IN AN AREA NOT ALREADY DEVELOPED. 4• THE BUTTE COUNTY LAND DESIGNATES THF, U5E ELEMENT PARCELS IN THIS PROJECT HIGH DEN81TY RESIDENTIAL AND A PUDZONE FOR 45 DWELLI11G Ui32TS HAS BEEN PREVIOUSLY APPROVED ON SITE. FURTHER FIND THAT THE EVIDENCE OF CUMULATIVE MPACTS BECAUSE. 1• THIS PROJECT :TS SEPARATE,, DIFFERENT IN CHARACTER AND, FACTUALLY DISTINGUISHABLE FROM OTHER PROJECTS REQUIRRING ;EXPANSION OF THE SEWER SERVICE DISTRICT. UPHOLD THE APPEAL FOR THE REQUIREMENT TO PREPARE A.N EIA ON THE POSADA WAY INVESTOR REZONE PROJECT (AP 007-3 S `10-008, 009, 010, TOR AND FIND THAT THE REQU27R.EMENTS OF CEQA HAVE BEEN MET AND THAT A NEGATIVE DECLARATION WITH APPROpRIATF REGARDS TO ENVIRONMENTAL, IMPACTS IS . S VOTE; M 1 Y 2 Y 3 NP 4 Y 5 y (Unanimous ,lyCarried) $'[LTTE COUN'.I'Y BC1[��tD 4F 8UP .R. VrsORS ,MLNUT,8i S February 6, 11996, 90-30 Public hearing _Posada Way Investors appeal of the PlanningCo Pete Gampaoli environmental .m ntssion',s re pact report on quremenfi; for an (Planned area cluster) to R-3 a for (residential rrobl prty located a� the southwest corner of Joshua, for property Posada Wa intersection 00.9k 0.10, 011 identified ;as AP Tree Road and HEARING To .J- ' Chico. (258) (CONTINUED 007-310-008 JANUARY 30, 1990) �� A CLOSED c r BUTTE 1:ObNT' BOAkb 0k' Si7PE$VxSOR$ i+3SI�UTES' Jantax3, 1990 ko `, r Posada WA ` ---------.2. .!' jEors proposed e� ro posed I`, ative Declaration regarding environmental impacts :and Rezone 11�am PA -C (planned Area Cluster) to R-4 (Residential at the northwest corner of Joshua Tree Road and Posada Wayrproperty Y located AP 007-310-008, 009, 01'0 and 011, Chico. (-File 90-10) ntesecoon located as The Commission waived the reading of the Staff Findings.. Commissoner Matson asked if Dr. Pflueger had agreed to the zone request and q staff said yes. The hearing was opened to the public. Pete Giamraoli was there to answer questions. Commissioner Ostrowski asked if the purpose of the rezone request is to build the lots at a r density than ?flowed in the PA -C zon , greater Mr. Giampaoli said yes..He said when thero e P P rty was acquired it was zoned' R-3. He said there' is an application before the City to extend sewer service to thero e would not require annexation to receive sewer service from the City He said his property Sniff noted that the lots could not be Built out to this density wthoait sewers. The; hearing was closed. corrimissiorner OstroWAj said the request is consistent with what is there problem with the pr oje,,t. now and he had no It was moved by Com ni;ssioner Ostrowski, seconded' by Commissioner Mats carried for approval as .follows: on, and unanimously k Note that the Board of Supervisors upheld an appeal for the requirement that: q meet of an EIR finding The proposed rezone and associated requi District would not have a sigrements for expansion of Ch1 co s o's Sewer Se nificant effect on the environment because:rv� j 1, The proposed sewer line extension is not a trunk line and will only area., y_ serve a limited 2• The parcels to be served by the sewer are surrounded by exist►ng development and the sewer extension will not alter existing or proposed land use in the area, 3• Thoproject will not induce substantial growth or concentration of P J Areal not already developed. population ixi an; ' laX1fNISNG COMCtISON iMxiJ'E fr- . o h _. __ 1 t 4 � Posada WA ` ---------.2. .!' jEors proposed e� ro posed I`, ative Declaration regarding environmental impacts :and Rezone 11�am PA -C (planned Area Cluster) to R-4 (Residential at the northwest corner of Joshua Tree Road and Posada Wayrproperty Y located AP 007-310-008, 009, 01'0 and 011, Chico. (-File 90-10) ntesecoon located as The Commission waived the reading of the Staff Findings.. Commissoner Matson asked if Dr. Pflueger had agreed to the zone request and q staff said yes. The hearing was opened to the public. Pete Giamraoli was there to answer questions. Commissioner Ostrowski asked if the purpose of the rezone request is to build the lots at a r density than ?flowed in the PA -C zon , greater Mr. Giampaoli said yes..He said when thero e P P rty was acquired it was zoned' R-3. He said there' is an application before the City to extend sewer service to thero e would not require annexation to receive sewer service from the City He said his property Sniff noted that the lots could not be Built out to this density wthoait sewers. The; hearing was closed. corrimissiorner OstroWAj said the request is consistent with what is there problem with the pr oje,,t. now and he had no It was moved by Com ni;ssioner Ostrowski, seconded' by Commissioner Mats carried for approval as .follows: on, and unanimously k Note that the Board of Supervisors upheld an appeal for the requirement that: q meet of an EIR finding The proposed rezone and associated requi District would not have a sigrements for expansion of Ch1 co s o's Sewer Se nificant effect on the environment because:rv� j 1, The proposed sewer line extension is not a trunk line and will only area., y_ serve a limited 2• The parcels to be served by the sewer are surrounded by exist►ng development and the sewer extension will not alter existing or proposed land use in the area, 3• Thoproject will not induce substantial growth or concentration of P J Areal not already developed. population ixi an; ' laX1fNISNG COMCtISON iMxiJ'E fr- . o h _. __ 1 4. The Butte County Land Use dement designates the parcels in this project High Density Residential and a PUD zone for 45 dwelling units has been previously approved on-site; and 5• This project is separate, different in character and, factually distinguishable from. other projects requiring expansion of the Sewer Service District; and B hind that the requirements of CEQA have been completed and recommend the Board of Supervisors adopt a Negative Declaration; and C. Vind that the proposed rezone conforms to the policies, including the text and map, of the Butte County General. Plan; and D. Recommend that the Board of Supervisors adopt an Ordinance rezoning to R4 that property identified as AP 007-310-005, 009, 010, and 011 (Posada Way Investors). w BUT i Yt cot GQ�C1N IINUTE8 tier■ -- _ ,. ... .. „ FILE NO. 90-10 BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS - February 211, 1990 APPLICANT: Posada Way Investors OV'��R: Same REQUEST. Rezone from PA -C to R-4 AP NO.: SIZE: 007-310-008, 009, 010, & 011 3.62 acres LOCATIONi At the southwest corner of Joshua. Tree Road and Posada Way intersection. .EXISTING ZONING:. PA -G ZONING HISTORY; SURROUNDING ZONING: Zoned PA -C :Sept. 15, 19$1 Or d• 2247 R-3, R-1 SURROUNDING LAND USE: Apartments to the south and duplexes idiate) to the west;: immediately orth with single family residences beyond and to the northeast; small apartment complex to the east; residences and some mobile homes, open field with horses etc. to the east. SITE HISTORY: Parcel previously zoned R-3 prior to PA -C designation. GENERAL PLAN DESIGNATION; High Density Residential APPI.ICABLE REGULATIONS: Butte County Code Sectioni 24-26 through 24-29 and 24=130 134. through 24_ (MME NTS RE ErVI I a Public ,Works: "None" Enviro.imental Health: "If the property were currently zoned R-3, this department would issue permits for a maximum development density of three (3)' dwellings per .9 acre parcel. If the roe and the Regional Water property �' is now zoned to R-3 and approved,. g Quality Control Board adopts the Chico Urban Area Prohibition Order, development on septic tanks will be limited to one three bedroom dwelling per parcel. Multi -family development will be delayed until public sewer is available." Co_tlnt) Fire Department: "No direct impact on fire department. Once developed, the increase in residents and structures in the County area will stress an already understaffed fire department." ANALYSIS: This project is a request to rezone 4 parcels from PA -C (Planned Area Cluster) to R-4 (Residential). The land is located on the northeast corner of Posada Way and Joshua. Tree Road in the north Chico area. The property was rezoned from R-8 to PA -C on September 15, 1981. The PA -C zone allows development of the property wi.th 45 dwelling units. The Butte County Land Use Element currently designates this area as High Density Residential: This land use designation allows for 'the consideration of zoning that allows housing densities up to 20 dwelling units per gross acre. The requested zoning requires 2150 square feet of lot are per dwelling unit. Based on this figure the maximum number of units that could be constructed within the project area is 75. This will result in an average density of approximately 20 dwelling 1 per acre. Tlie surrounding parcels on Posada Way are developed at similar d�._isites. Two of the parcels directly to the south of the project are developed with 20 units and two parcels are developed with -24 units. Development posa'I'he the property proposing to sewerapse ice " to accommodate sewage g 4 pressure line with a small pump station to be located near the corner of Posada Way and Joshua Tree Road, The line will connect to a trunk line located on Panama Avenue; approximately 1/2 mile to the south, The City of Chico has indicated that they will be able to provide the needed service, but that the sewer service district boundary must first be amended to include the subject parcel 2 I�BC011'f MFI�p;�TpON S A• Note that the Boar(" of Supervisors upheld ar, a - of an EIR finding that; ppeal for the requirement The proposed rezone and associated requirements for Sewer Service District would not expansion of environment because; have a significant effect Chico's on the 1• The proposed sewer line extension is not a trunk serve a limited area. line and will only 2• The parcels: to be served by extension erwer are surrounded by existing development and the sewer Proposed land use in. the area. will not alter existing or 3. The project will not induce substantial growth Population in an area already developed. or concentration of 4, The.. Butte County Land Us(' Element designates the parcels i project High Density Residerdial and a n this units has been previouslya PUD zone for 4S dwelling approved on-site; and S• This project is seprrate, different in character and, distinguishable from other projects factually Sewer Service District; and. p j requiring expansion of the B, .Bind that the requirements of CFn A have Board' of Supervisors adopt a Negat've Declaratproposed rezone co ion•tdnd completed and recommend the C• Find that ) text and map, of the Butte County General Plannforms to the Policies, including g the Recommend that the Board of Supervisors adopt an R-4 that property identified as AP 007�31Q-008 Ordinance rezoning to Way Investors). 009 010 :and.. ,011 (Pasada CBS:Ir Attachments to the Commission and Cities: Initial Study Site Plan Location exhibit 3 t Verify: AS. Number(s) v Loeatian Description a z Ownership Legal Description of Area p W Proof of Agency (if needed) Maps of Area/Development Ln Plan for PUD's Present Zoning. U Reproducible Master Map of Development Plan (PUD's only) Date of Application received A- S 'L w Receipt�No.—_ILO7 Z-3 Application Taken By M K9 C 9 November 1, 1989 r J�n, 1263 The Esplanade Suite C Chico, California 95926 Telephone 916 891-4757 FAX 9 916 891.4206 Mrs. Be to Kircher, Planning Director Butte County 7 County 'venter Drive Oroville CA 95965 REF: Posada Way Rezone Dear Bette: Enclosed pleas, find the following application. documents relating to 0 Our 1i Application For Rezoning 2, Check in theamount Of $487.OD Butte County Payable to Treasurer of 34 24 Copies of the plot map 4. Four i4 legal descriptions 5• Letter from Tam Lando, City of 1989 Chico dated October ber 12, 5= Letter from. Alan t_ Burchett 30, 1989 Attorney dated O October 1, Aerial photo of subject 3 parcels NOV 06 1989 r� h�S1'?ti ;C?C li;' +�Te:Jlti4', ira�u r • Proposed scheduling/Associated projects (formation of service district, etc.) APPLICATION ICATION FOR REZONING BUTTE COUNTY PLANNING COMMISSION APPLICANT, Read and follow instructions set forth on last page orthk Form, Applicant's Name POSADA WAY INVESTORS Phone 0,w,�0.1.-4757 Applicant's Mailing Address1263 ESPLANADE #C, CHICO, CA 95926 ` Applicant's interest in propert(Owner.Lessee, Ott er) OWNER y- .' Owner's Name and Address SAME rn Contact Person for Project (if other than applicant) PETE GIAMPAOLS cry Asscssor'sParcelNumber(s) 007-3J-0-008,._ 9, 1.0 & 1.1 PAC - Present Zoning Retluested Zoning R-3 _ Location, dimensions aced size of arca(s) to be rezoned POSADA WAY;_ CHICO OFF JOSHUA o . CONNECTION TO �TY SEWER .SYST>M �ictst►n� /proposed sewage disposal method,.. - TREE ROAD, CONSISTING OF_4 LOTS Or 39,500 SQUARE FEET EACH. — Proximity or power and phone lines. ONSITE _ Z Street Address (ifapplicable) VACANT LAND Directions for travel to property (rural and mountainous areas only) LASSEN AVENUE, TURN NORTH ON JOSHUA, LEFT ON TO POSADA WAY. Applicant's reasons for rezoning TO BE _CONSISTANT WITH GENERAL PLAIN ANiJ FUTURE DEVELOPI'iIENT PLANS. FORMERLY ZONED HIGH DENSITY. Proposed scheduling/Associated projects (formation of service district, etc.) E'Oi?M CSA TO MAINTAN SEWER SYSTEM , Anticipated irtcremental development (future development plans subsequent to rezone): PgOPQ9t TO... 0NSTRUCT 16 APARTMENT UNITS ON El,\v1LOT,, SPRINGco .' ur rn cry o . CONNECTION TO �TY SEWER .SYST>M �ictst►n� /proposed sewage disposal method,.. - F Proximity or power and phone lines. ONSITE _ biskance to natural water course or storm drain: EXISTING STORM .DRAIN„ IN POSAOA WAY I Describe anticipated on and Ort -site drainage improvements (PUD, Mt{?): TO CONNECT TO STORM DRAIN IN POSADA WAY Describe how on-site and downstream drainage channels will be affected (PUD, MH13), n/a Water source CALIFORNIA WATER 4SERVICE COMPANY Proximity of water for lire fighting purposes (hydrants, ponds, etc,) n ON SITE Will excavation or grading he neecssaryl NO Cubic yards (estimate)? List and describe and other related permits and other publictzpprovals required for this project, includingthose required by city, regional, State and Federal agencies: FORMATION OF CSA AND EXPANSION OF CITY SEWER SERVICE AREA. •••----------------- If residential, include the number of units, whether units are single or multistory in height, sc ed unit sizes, and type of household size expected. g h ule of U 16 UNITS PER LOT, 2 STORY, 1 & 2 BED 650 to 1.000. SQ FT, S119G,LE AND MARRIED ADULTS. -- A it commercial, indicate the type, whether neiebborhood, city or regionally oriented.,svuar sales Area, and loading facilities a faataae of rl/d if industrial, indicate "type, estimated employment per shift, and loading facilities, n/a If institutional irdicwc 1 I he major function, estimated employment per shift, estimated occupancy,. loading facilities, and community benefits to br., derived froth the project, nJa 8N' fviHh`TAt IMpACTSANDMI?I"GA1I0Nti1EASURHS identify potentially slg,iificant onvironmenlal impacts associated with the rezone, What project design Ceaturcs or special conkitiions of approval (mitisation measures) are propoycd to alleviate potential environmental impacts? WATER QUALITY IMPACT WILL BE MITIGATED ICY CONNECTION TO CITY Op . C'11IC0 SEWER SYSTEM ----- -- _:� TS UPON TRAI,PIC, PARKS AND SCHOOLS WYLt, 13E 13 MITIGATED IMPACTS Y PAYMENT Or ESTA$I,ISHED FEES -------------------------- n1y1It NM>~>yT t _si rr1NG ` Describe the project site as it exists before the project, including information on topgraphy, soil stability, plants and animals, and any cultural, historical and scenic aspects. Describe any existing structures on the site, and the use of the structures, SITE IS LEVEL, SANDY SOIL OF GOOD STABILITY. THERE ARE NO STRUCTURES AND THE ONLY VEGETATION IS WEEDS. THERE ARE NO KNOWN CULTURAL, HISTORICAL OR SCENIC SIGNIFICANCE. E i -- .. Describe the surrounding properties, including information on plants awl animals and any cultural, J historical, or scenic aspects. indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family apartment houses, shops, department stores, e,c.), and scale of development (height, frontage, setback, rear yard, etc.). ` F N — DUPLEXES.:_ 4 W - HWY 99E J ' S,- APARTMENTS (HIGH DENSITY 18 2- 20 DUA) E - VACANT .& APRA;TMENTS —w I hereby declare under penalty of perjury that I have read and understand the instructions and that the foregoing statements are true, complete and correct to the best of my knowledge and belief. Dated' 10-3-89 `Applicant's Signature POSADA WAY INVESTORS Dated— Property owner's signature 33y -�----- MANAGING GENERAL PARTNER 1, if applieant'is not the owner, written authorization by the ownei or other proof of agency must. be submitted in order for the applicant to legally sign, the application. Application shall be considered void if not signed by the owner or legal agent, 1. All Items on 'applic4on shall be fille4 in as completely as possible. Very few items should be marked not. applicable by the tc,,-m "N/A". 3, It is very important ,that the application 'include an accurate iind complete description of the property proposed for each requested zone. The applicant will not be processed until we receive the followitig information about arca(s) to be rezcned a, Assessor's parcel number(s) from, the tax bills or Assesso,'s Map, b+ Street addresses (if available). e, Distances and directions to named streets, bodies of water or railroads, d. Legal description (subdivision lot numbers, fractions of sections or distances and bearings of perimeter dimensions), c, 24 cooies of map with rezoning area(s) outlined (Assessor's map, subdivision map, or other map showing parcels), 4, California Government Code Section 65300 et seq. requires local zoning ordinances to be consistent with a jurisdiction`s adopted general plan, County approval of a rezoning request must be supported by finding of consistency with the Butte County General Flan. Applicants may request changes in General Plan designations by filing an Application for General Plan Amendment, 5, The Application for Rezoning is subject to public hearings and approval by both the }Manning Commission: and Board of Supervisors, The y,-ocedures for County action on rezoning applications are stated in Chapter 24 of the Butte County Code, 5, Applicant fees as of 48 t) b (date) are l=ees may be paid in cash or by check made payable to Treasurer of 'Butte County, 7, Before submitting a rezoning application, applicant is requested to discuss with staff all questions about application requirements, County procedures, consistency with the General Plan, and the provisions of existittg and requested zoning classifications, COMMUNITY SER.VIC t:S DEPARTMENT CITY01 CHICO Fath and Main Struts iroe 1812 P Q BOX 34201 Chico. 'CA 95927 A16)895-4893 TSS 4594893 October 12, 1989 Pete Giampaol,i Epick Vial Builders 1263 Esplanade Chico, CA 95928 Dear Pete: I aln writing at your request to outline the Your Posada Way Property can obtain sanitary Process er iwhich ce. sewer service.. As we halve discussed` the influence, but outside Property tY lies ;within the sphere of boundaries. In order to obtaicurrent sewer s service., ewer boundaries would need to be amended b these Council, at which, point Cit Y action of the City detailed review pn y staff would Provide the application for sanitary sewer service. Based on our Possible to serve the previous conversation, Proit may be sewer force main: previous through the use .*if it sanitary Other requirements, If that is the ease, in addition to the a mechanism within you would also be required to establish your development for the maintenartce o" the pump station and force mazy): facilities. x Again, to reiterate, the covered by the sanitary Sewer property Mast Plan and, the e area successful amendment of the sanitary sewer service area,; the s, upon Property could be provided sewer service. sincer _ , Thomas J Lando TJL:ks Community Servides Director cc chrono DPW i Bette Kircher November 1, 1989 Page 2 As we have discussed with ynu and Karen we are anxious is proceed with our project without being tied into the Webb EIR. We have reviewed current law regarding our application and find no issue which would require an E;IR. Should you or counsel have a particular legal point which substantially affects our application we are most willing to discuss it and any mitigation requii`ed. I will be out of town from November 3rd through the 11th (Steelhead fishing!) I can be contacted on my return or our attorney can address any legal glaestions in she interim. Very truly, POTBR G. GIAMPAOtl pGG!slc Enclosure 7 �01 LAW ."IcEs STEW SRT, '1.1AJNIP1-11C VS, BURCHELTT & SANDC;LMAN RONALD E STEWART A PROFESSIONALCORPORATION KEITH HUMPHERY$ PROFESSIONALPLAYA ALAN 13URCHETT (916):891.6111312000HASSETRO RAYMOND L SANDELMAN , 5UI i'li9 JOHN O SCHWARZ P O BOX 720 JR MARTINS hicHUGH 'CHICO, GA 95927,07P0 OPIE M.MELANIE HOWELL .drCouNSEL TELECR (51G)BoPIE 3 October 30 1989 BUTTE COUNTY PLANNING COMMISSION 25 County Center Drive Oroville, CA 95955 Ret Rezone Application of Posada Way Investors Ladies and Gentlemen; This office represents Posada Way Investors, the owner of four parcels located on the north side of Posada Way in the Chico area of Butte County, which is the subject of an application for rezoning which will accompany this letter6 The enacted tot toning g for the property i,-, a PAC zoning Previ.ousl.y P the development of forty --five condominium units upon the parcels. The rezoning application is an application to rezone each parcel to R-3 with the intention of constructing sixteen apartment units on each parcel, or a total of sixty-four units. This is an increase in the density from the current zoning but remains well within the density permitted by the Butte County General Plan designation for these ,parcels. Preliminary conversations with it Butte County Planning Department staff indicate a ' will have a significant advoiset effectrmupon that he envi011 the rm because thel developer honent as proposed to conned the sewage disposal system from each of the parcels to the City of Chico's sewer system. Our client has asked us to review the situation and to determine the basis upon which such a determination could be made so that he might attempt to include any additional mitigation measures which might be required. We have examined the situation; and we believe that there is no factual or scientific data upon which the County of Butte can make a finding that there is substantial evidence that this Project could have a significant effect on the environment as Provided in Section 1.5064 of the C8QA guidelines. The relevant facts 'with regard to the sewage disposal issue are as follows y - _ 4 Butte County planningCommission Re; Posada Way Investors October 30, 1989 Page 2of 3 Pages l • The City of Chico has advised the applicant ere is sufficient capacity in the Cit its sewer Y's Panama Avenuetrunk lineand Processing plant to accommodate the requirements of the developer's four parcels and two Which parcels are also parcels presently unimproved, on Joshua Tree Road, 2• The State of CoControl Board, California, through its Water Resources these has recently required that development inthe area parcels cannot proceed on septic systems. 3. The developer has designed the sewage to accommodate the requirements r the application and the two vacant of the four parcels g disposal system_ subject to Parcels on Joshua Tree. Road, `l• The parcels subject to the Parcels on Joshua Tree Road are the application and the the surrounding only undeveloped two area. Thus, the installation of theParcels in sewage disposal system cannot le Proposed growth inducing leg be ,determine:d environment, g or to create a cumulative negative effect oto be n the We understand that the Count the development of the Webb y Of Butte has made a have a significant Property fincii.ng that. P y caest of the Esplanade could Preparation of an Enviro1mental'jitZm al effect and has required, Of that propert Pact Report for the development y' We are of the opinion that the Count should not and cannot legally evaluate 'the environments Of � Y of Butte this project as being negative mere) l impact determination was made with PZojects are definitel regard to Y because that Y distinguishable the Webb project. The Of the respective developments and both the overall size respect to their l°cation, The and,Posamore impurtantl. because it is situated in y Investors Yr with .substantial) ar, area that Project, EYaE= - y developed, is b has already" been Way in which the ro by o£ its location limited in I?°sada Way Project is onject oot�ld impact the environment; The apartment P a streEt already improved with similar ro projects and is consistent with C;aneral Plan for the site. Public 1t the bu P�` +vides : r� Z f a tte County With the residential developmentCero code Section 21pg general plan of _a P ject is consistent impact report was certified local agency and an the application of with respect to that environmental residential developmei sha l division n to the. approvalgenera] plan,_ limited to Of that the Butte County Planning commission _ Re: Posada Way Investors October 30 1989 Page 3 of 3 Pages environment which are peculiar to the parcel or to the project and which were not addressed as significant effects in the prior environmental impact report." As indicated in the application, we believe that any pccential negative impacts of this project will be mitigated by the payment of traffic, park, and school fees and the connection to the City of Chico sewer system. We cannot understand how a determination that the sewage from the project is to be disposed of through the city sewage disposal plant could conceivably be determined to be an adverse environmental impact. Vnder the circumstances, if an Environmental Impact Report were required, we would be at to loses to determine the issues to be discussed which have not already been mitigated by the measures set forth in the application. We believe that, since there is no scientific or factual delta to support a finding of significant environmental effect not already mitigated and since there is unlikely to be any substantial public opinion to the contrary, a mitigatednegative declaration should be prepared for the project. Very truly yours; STEWART, MPHERYS, BURCHETT, A D ELK By _ E. BURCHETT AEB : cb Peter G. Giampaol 884 E. 7th St. Chico, CA 95926 MAIL TAX STATEMENTS TO; Sia"e -is Prove CLERK REUs7ff)L`R(LEE F SPACE lai3OVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TA); $ 1.0.1 7C1 ............... Computed on the consideration or value of property convoyed,, OR CQmp14e—d nn-the'-c!)�nsidaration or value less liens br enuumbrancas renrainingat -time ale.° Siahaturo of Declarant or Apant detormining tax — Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION; receipt of which is hereby acknowledged, M AKE - dJM DU FOUR, a partnersh= hereby GRANT(S) to -0--TER G. G1AITAOLT A11TD ELIZABETH C. -� as co "niU pro -per -by, GI�1�L ApLx, husband and rr, �a 3 �_ op,._ t.y, as Lo an u.n.dittided :,rye half interest; and RAY E. d'0�;50N divAITD ided IJAe h J. cT0Iii3S0I+i, ht�sban.d and 'rife as commune community propertSr, as to an un- divided one half interest; all as tenants ?n cammort the real property (rt the=zv-= Un' LI1COrC2Cia'ted area County of Butte State of California, described as Lu us 8 and 52 as shox�a1 on that Certain Man entitled, t'JOSI UA TREEt�, ohI ch Prlav was recorded in the Butte- State ol` Calt'o=^xiia �on�r FebruOf ary 159'1978 'der Of Maps, at pages 86, ' 3" 5 978, in the County book: and S7. 58 of EXCEPTII%IG THEREFROM all oil Iras and other hydrocarbons s heretofore reserved to Grantor named in that and minerals cart in D COMPany, a corporation, to Fr 4 . a teed 1 �, 1945 and recorded March 26� 19L�loT and Loup se St llo from Capitol t da ted D7arch. e 1 c , o.. (},� • at Page 7- , , _n book 345 _ .t�.cial Records, c; All oil, gas, minerals and hydrocarbons were quitclaimed Of 500 feet by Quitclaim Deed mor a death recorded October 235, 1-07S, County Recorder's Seria� No. 60400, under Butte tiA-RUNTY OF .,. �..�y�-.ice ss. oo, U sAid Slate, r onall� a eared �jt� b! rethat vt a tgned, a Vo ry Pub c t I nd fo_ c; r �--_ E -� EIVER kh0Wn ,o me to be- � P of the 0 netship ihar e><eruted 'he within irI` arlttand t' c arners 4noH•leilg:tl to hie th t, 3uLh p5rtherShiP exeeUied the q l8me. orrlr�rA . t „�- SwAL 1 01 WHEN RECORDED MAIL TO:. Vernon E. Fish Pr- Operties, Inc. & Mr's. Peter Giampaol &�Mrs. Ray E. Johnson r 352 Vailcm:o o;a AWL TAX STATEMENTS TO: same as above r pit. x G LL' 1t�.Q *ESCIiUIrd �UMh'fif�j Arl, 17 12 a p jQ7 SPACE ABOVE " HIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX p„Y,,, ....... on:. Compute the consideration or value of Property conveyed,, OR CoInn J�� e consideration or value less lions or encumbrances Oem0e of sale. • o.qnnm iax — rlrr:, Nume TITLE AND ESC OW COMPANY GRANT DEED �ps�fz FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, `tMMAS ;:- DUFOUR and INGRID A. DUFOUR, husband and wife hereby GRANT(S) to A Joint Venture composed of: VERNON E. FISH PROPERTIES, INC., a California corporation; Peter G. 9IAMPAOLI an,. ELIZABETH C. GIAi-AOLT, husband and wife, as community property, RAY E. JOHNSON, JR., and NANCY J. community property JOHNSON, husband and wife, as the real property IA the • all as tenants in Countyof un: nco"porated area COMIliUn, Butte State of California, .described as Lot 10, as shown on that certain Map entitled "'JOSHUh.TREEIl which Ma recorded in the office of the Recorder of the County of $utte,, State owas f rec California, on February 15, 197-x; in Book 58 of Maps, at ,pages 86 and 87 x EXCEPTING THEREFROM all oil, gas and other hydrocarbons and minerals here- tofore reserved to Grantor named in that certain Deed from Capital Company, a aoraoration, ta. Fred Stillo and Louise StillO dated March lam': 1945 and recorded March 26, 1945, in. Book 545 of Offcial,Records,at page 176. All oil,gAs, minerals and hydrocarbons were quitclaimed for a depth of 500 feet by Quitclaim Deed recorded October 23, 1978 under Butte County Rocorder's Serial No. 60400: W batett"_„fpr '1 1 %i � 'i q,'7q STATt OF CALIFORNIA j (COUNTY OF Butte ss. Go`MP - i'" eta -HEN RECORDED MAIL TO: Peter Giampaoti ��. &Mrs. , Nrr. & Mrs. Ray E. Johnson, J= ,}SAIL TAX STATEMENTS T0: S; j'TE .:�8 ABOVE Kp 'Y G' *C L r -19'r CLERK-Rtc,.+.,e `l FZE 1-2843 SPACE ABOVE THIS LINE FOR prCORDEIVS USC pi;X';UMENTARY TRANSFER TAX ............................ Computed on the 4nslderation or value of property conveyed; OR. Comput=Do d&7che�ns deratlon or value less liens or encumbrances remainatSlo Agent determining tax 4 Firm NaMa MID VALLEY TITLE AND ESCROW C COMPANY GRANT DEED TRANsPER TAX PAID VALUABLE CONSIDERATION, receipt of which is hereby acknowledged+ r=oR A Husband and wife TH014A:S W. DUFOUR and 'INGRID A. DUFOUR, husband and wife, 'hereby GRANT(S) to pETJ R Go GIAMPAOLI all d ELIZABETH C. GitterOLI, and RAY E. as immunity property, as to an undivided one half a �'�ommunity property, ry J, JOHNSON, husband and wife, JOHNSOij, JR and 'NAND as to an undividede half interest; area as tenants in common in theState of California, described a5 the real property L171].i'i�,.OT`p County of Butte Of Ftt which Map was as shown on that,oertain Map entitthe" "JOSHUA TRE , Lot :h, Butte' State of recorded ij the office of the Recorder of 58e �°Maps, at pages 86 and 87. Gal].forTl].a, on F'p, pruary 17 �� 19789 in as and other hydrocarbons and minerals here uXCEpTING THEREFROM all oil, b and XCtofEPT reserved to Grantor named in that cert t ile dated a, 194.mpand a corporation, to Fred StillO and recc+rded Mar' 26, 1945; in Book 345 of G�fcie..i. Records, at page 176•. NERALS AND HYDROCARBONS were cu3.tcla.imed for a depth Recoof �der' s AIZ OILt GAS l� lt,7 g imder Butte County feet by Quitclaim Deed recorded October 23, 7 r Serial No. 60400. tamp..0 -- Ex STATE OF cALIPOI:IWA l coliN`t"Y Op ss• Butte Onpubllc In and for said before Inti, the u'ndarsignei;, a Notary Dla�'ou�` _ __�_� _ ThoiW$ w. t : 0177 3tCt r1WXLjtj STerttig; AI,IIVI .,� 1B Lf/ _ FFLIIEGER EIiWPOD Hiannifir CP 10 FL P11004 L 09, GA [A6 CA 42;030 .. L: 007 31'v7 0t1,.f�G STATUS: ACFIL' _. PETE GIA1�pi 0Ll GIAHFAGLT FFT5R G ELIZABETH' CETAL 1263 ESPLANADE 12'B3 ESPLANADE STE C CHICO, CA 95926 CHICO cv 95:926 Lr 007 061E 0777, 0140' STATUS_ ACTIN' .. AP# 7-31-8,9,10,11 POSADA WAY INVESTORS FLUEGEEDWARD tfi EFLU ED 1263 ESPLANADE 114 TPEJOSHUA : Gl1IGQ, GA JS926 117; EL PORTOR LOS GATOS CA Lt 911 7 22CT 'Tt3 000 5TATU9 At:flt gfltlq JOSE'r1l A: JR S5 S►1[tAttEbTTiT GA 9"3lCtt L- IP07 330 OF.f1' 9010 STATUSz 11t*' It WISHER JQH1J D z MARGARET A JT 270001 ALRADEN C7f LOS ALT3E HILLS' CA 94022 -' L: 0!!7 31il 1Sf18 000 SITUS: _ACTIVE L: 007 330' 002 Gf10 STATUS:. ACTT' e MILLER RMAL ETAL TC ltIt1DS FRED L JAt 10E L JT _ 1263 ESPLANADE STE C 2fUG SUMMVISTA Olt' CHICO CA p54r�6 SAN JOSE CA 95128 L: F07 3113 (309 0011 STATUS: ACTIVE L: 1,107 32t3 E1G3 9%,11 STATUS: ACTT PFLIIEGER EDWARD M v. NADINE CP E-URNELL PEVERt•'r MARIE ETAL TC 119 J:L FGJ+TON' ` 1179' D NAfEFFORD DR f L05 GATOS CA 954iaCl CICO CA 95R26 L. k=-7 310 01 000 STATti%: ACFIVE L: 1107 33ff G04 004 STATU3s ACTI CAGACE FAtTILY TRUST FFLUEGER E�DS. ,i"RD 1T, & NADINE Zr' 119 EL P,QRTON CACACE 0LP1ICHE R TRUSTEE LOS QaTJU CA 9543!:( 4710 IJATERFORD7 DRIVE CHICO CA :5926 L: 007 3113 Off 000 STATL`'3': ACTIVE L« 007.7 33' zkr5 OW STATUS: ACTT GIAIIFAOLI PETER u 2Q ES_FZADETft r ETAL T HILFINSW DIAME G SS 1265 IESPt ANADE STE C 465: 8 WATERFORD DR CHICO CA 7157J6 CHICO GA 95326 007 3111 OlrS Ofd STATfd:< ACTIVE it4i7 33s' IasZc .i'i'�T STATUS: AGTI' F4GSEWG00 I11VEr OES MINDS FRED_ L & JA"TCE L JT CIO' HIOWELLX HTGNELL FROFEKV MANAGER 2180 SUJAWVISTA DR 15Q0' HUP ULDT RUSUITE i SAM JOSE -CA 95128' " CHICD_, FA 959213 L. 1G7 310 096 000 STATUS; ALTIVE Is C07 330 097 F430 STATUc- jr, HIG14ELL THOffAS E u JEAN C ETAL TG CQNSFABLE ROBERTA A SS 1 aGf7 Ht1t1i1QLDT RD ill 455 B WATr:RFORD CHICO CA 95928 CHICO CA 95926 L:: 007 3147 Gf17 6410 5TAT1.15: ACTIVE L. EW7 33n OfIR Of!6 STATUS: ACTT POSENOOD IMVESTORS «CHQTTMAH WESLEY P & bARYL L ETAL Jr C1O HIGNELL & HIGNELL PROPERTY MANAGEt^^r -• SCHOT MAFt FETRA° Jr & GWERT L 15t(}T HUL1POLDT RD SUITE 1 451 A WATERFORD DRIVE CHICO-CA 9502LI C"!CO CA 95926 f L. 4l(.17 3tf-')000 STATUS: ACTIVE L: F.4-7 330 009' 000' STATUS: ACFI' MILLER RQ;tAL ETAL TC HARVEY DEWEY J & AWI-f MARIE JT 1263 E�FrLANADE STE C 1415 WALTON AVE CHIC CA 9 506 RED OLUFF C=A 76gua L. 007 310 009 000 STATUS< ACTIVE PFLUEGER EDWARii 1•l >x NADINE CP 119 EL PORTON' LOS GATO CA 9503:1 ' F , 0 90-209 Public hearing -- Posada Way Investor:% —consideration of „..�..a a rezone (proposed negative declaration regarding environmental impacts) to R-4 (residential:) from PAC (planned area cluster) , property located at the southwest corner of Joshua Tree Road and Posada Way intersection, identified as. AP 007-31-0-008, 009, 010 and 011, Chico. MOTION: MOVE TO DOTE THAT THE BOARD OF SUPERVISORS UPHELD AN APPEAL FOR THE REQUIREMENT OF AN`EIR FINDING THAT: THE PROPOSED REZONE AND ASSOCIATED REQUIREMENTS' FOR EXPANSION OF CHICOIS SEWER SERVICE DISTRICT WOULD NOT HAVE A SIGNIFICANT EFFECT' ON THE ENVIRONMENT BECAUSE: 1. THE PROPOSED SEWER LINE'EXTENSION IS NOT A TRUNK LINE AND WI"LL ONLY SERVE .A LIMITED AREA 2. THE PARCELS TO BE SERVED BY THE SEWER ARE SURROUNDED BY EXISTING DEVELOPMENT AND THE: SEWEREXTENSION WILL NOT ALTER EXISTING OR PROPOSED LAND USE IN THE AREA. 3 THE PROJECT WILL NOT INDUCE SUBSTANTIAL GROWTH OR CONCENTRATION OF POPULATION IN AN AREA NOT ALREADY DEVELOPED. 4. THE BUTTE COUNTY LAND USE ELEMENT DESIGNATES THE PARCELS IN THIS PROJECT HIGH DENSITY RESIDENTIAL AND A PUD ZONE FOR 45 DWELLING UNITS HAS B,,EN PREVIOUSLY APPROVED ON-SITE; AND 5, THIS PROJECT IS SEPARATE, LIFFERENT IN cW\RACTER AND, FACTUALLY DISTINGUISHABLE FROM OTHER PROJECTS REQUIRING EXPANSION OF THE'SEWER SERVICE DISTRICT; AND FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED ,AND RECOMMEND THE BOARD OF SUPERVISOR, ADOPT A NEGATIVE DECLARATION; AND VIND THAT THE PROPOSED REZONE CONFORMS 'i0 THE POL=ES r INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY GENERAL PLAN; AND ADOPT 6RDjNANCE 2831 REZONING TO R-4 THAT PR.'JPF� iTY IDENTTFIED AS AP 007-3,10-008 j '009 � 010 AND 6.1.1 (POSADA WAY INVESTORS) VOTE: jY 2 Y 3 '�' 4 Y 5' Y (Unanimously Carried)' rrirri�t+r t!t`1"t'TTl!rV' i3t 7:.tR�'bOP tbPtkV'18bA8 M ),044bS May I'Sk 1990 ORDINANCE NO, 2831 AN ORDINANCE ZONING A PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AN R-4 (RESIDENTIAL) DISTRICT; PURSUANT TO CHAPTER 24-29. l The Board of Supervisors of the County of Butte, State of 2 California, under and pursuant to Chapter 24-29 of the Butte County 3 Code of said County, DO ORDAW, as follows; 4 SECTION 1 The hereinafter described area situate in the 5 County of Butte; State of Caiifornia, shall beand it is hereby zoned as an R-4 (Residential) District, and such area shall be subject to 7 ;. the restrictions ' and restricted uses and regulations pursuant to. 8 Il 5 el Butte County Code Section 24-130 through 24-130.4., 10 Said area so zoned being located in the unincorporated 11 If area of Butte County, Chico, more particularly described as followst 12 �! Lots 8, 9, 10, and 11, as shown on that certain Map 1� entitled* df "Joshua' the T1ee', which Map was recorded in the 13 I oR ecorder of the County of Butte,' utte, tate of California, on February 15, 1978; in Book 58 of Maps, at 14 Page 86 and 87. 15 �t SECTION 2. T4iis Ordinance shall be and it is hereby 16 declared to be in full force and effect from and after thirty (30) si 17 I, days after the date of its passage, and before the; okpiration of 18 i fifteen (15) days after its passage, this Ordinance shall be 19 20 published once with the names of the members of the Board of i Supervisors voting for and Against it in the Paradise Post,_ a 21 22 p er newsP P a ubliched in the County of Butte, State of California: _23 r I 24 a 1 25 !�6 t i i PASSED AND ADOPTED by the Board of Supervisors of the a 2 County of Butte, State of California, on the 15th day of May 1aag by the following vote: 4 AYES: y Supervisors McInturf, Dolan, Vercruse, Fulton and Chairman McLaughlin b NOES: None 6' h ABSENT: None 7; NOT VOTING: None 9 ED McLAUGHLIN, CHAIRMAN o Butte County Board of Supervisors 11 ATTEST: WILLIAM H. RANDOLPH, Chief ,Administrative 12 Officer and Clerk'of the Board 1314 By it 1$ 19 �� 20 + 21 4. 22 , 23 24 25 25 i q Da te� MzY 1�] 399 - t ,►n • �� „� ,, v Board Action DateMa i 1 agn� coUq<'t- Route_X. OFFICE OF CLERK OF THE BOARD Referral Document Action Requested Dep —'artment Administration Agreement(s) Applications) 1 File 1 Information Agriculture (Assessor Budget Transfers) 1 Necessary Action Obtain Signatures Auditor Certified Minutes _ —Recommendation 'County Clerk/Elections Claims Claims Record County Counsel ---Deed(s) Report to Board District Attorney Notice(s) of Completion Return Copy --_Environmental Health Department =Ordinance(s) 2831 to Ori Return ginal Fire Penalty Abatement Requests —= to Library ---�`�r�,ntal Hearth Resolutions} _W/0 Enclosure personnel 1 SP1 anni ng/LAFC Probation Public Hea'ch --�oub l i c Works'Purchasing urchasing Recorder —Recorde Risk Management Butlaa.,rting"TM Sheriff!Coroner Treasurer/Tax. Collector --Welfare provi % V. t-)mle Additional. Information CI-11OF ADMINISTRATIVEWFFICE COUNTY OF BUTTE gUTtF 25 COUNTY CENTER DRIVE 0 OROVILLE, CALIFORNIA 95965-3380 ° ° Telephone: (916) 538-7631 MEMBERS OF THE BOARD: t Fax: (916) 538-7120 oc pUKt� o HASKEL A. McINTURF WILLIAM H. RANDOLPH C'.-ItF ADMINISTRATIVE OFFICER JANE DOLAN KAREN VEERCRUSE - ED McLAUGHLIN LEN FULTON May 17, 1990 Posada Way investors 1263 Esplanade 7#'C Chico, CA 95926 Re: Rezone, File 90-10 Gentlemen; At the regular meeting of the Butte County :Board of Supervisors 101d May 15, 1990, Ordinance No. 2831 was adopted which rezones r ;:r;s !�A-, to R,4 that property located at the southwest corner of Joshua Tree Road and Posada Way intersection:, identified as AP 0017-310-008, 00!x, 010, and 011, Chico. Should you have any questions regarding this matter, please contact the Planning Department at 5387601 between 10:00 a.>n. and 3:00 p.m. Very truly yours, William, H. Randolph Chief Administrative Officer W>rIR:ar r