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HomeMy WebLinkAbout90-2 REZONE PLANNING 1 OF 3m % IL lip k m % A. E &9-07-07-0190-2 F30 Log No. �No• Teresa George Mark RiSso, A & Q engineering. applicant representative ADDRESS: 1925 Nord Avenue 128'0 E 9th Strut ChicoCA 95,926 Chico, CA 959,26 PEG.NE 343-5122 893-0631 property owner ADDRESS PR�.7ECT` DESC:RSP7r;g0N'x Rezone to modify a conditional C-1 zone C-1 on the southwest side of Hwy. 32, approx. on property zoned located 575r northwest of Oak way aha ntfied as AP 42-14-114 toHntsraa: Chico 3iwy 32 intersection] GENERAL. Ptah DESIGNATION Medium Density Residential PRE -,PP FEE PAID: s 487..00 REc= mmER: 10843 June 29D i989 APPLICATION ACCEPM I FINAL APP.: PAID: $ RECEIPT N(JHBER REZONING PETITION SIGnMES CHECKED: s'ERCENMGE: I O a ••p7. HAILING LIST PREPARED; 1 �.A_LT -OLZ livs=11 t'RET• N. e�' NOTICES' ESL til _1C flud LEGAL, DESCRTP?`ION' PREP.4RID F5I9LI=ON` NOTICE: W'RI K DISPIJ4Y ,AD PREPARED' r'EF'SrAPM PEMUCATICN 0 P G B R ' DATE OE FtTST ICATIQ?i INIMALt SITUDY FRUARED' ENVIRO 114MAL DETE-3XVIATIONz Categorical Exeapt=an .rTL y Negative Geaslaraticn: FILED: ZHitigated Negative Oeciaration. Environmental Tmvact .Report CSU ED Other: STS CLFARI2iG7.OU c MN&ER rIPPT`sC.uV�' TcEP?.Fs � i'r'E YOTT�CAT_T_ON OE' -_NF.?QVK_--%-ZAt, DL=I U- J -RATION s.'INT-iG G^.FLTSSIOY fD ART`+GLS} . I cOA?Iz fic SU?t-RYiSORS` ^rAR—ING(s)" 'f ✓ h •�y r l2ESO. GTION s`dG' gvt (GFAs � fc:< 4�` r � � • G OROINAINC4 \LL W IEgFT� T C W 90-29 Public Bearing Teresa George consideration of a rezone to modify a conditional C-1 (light commercial) zone _(proposed negative declaration with mitigation meaaures regarding environmental impact), property located on the southwest side of Highwtay 32, approximately 575 feet northwest of Oak Way and High -gay 32 intersection, identified as. AP 42-14-114, Chico. MOTION: MOVE TO FIND THAT THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT HAVE 13EEN COMPLETED AND CONSIDERED IN MAKING THIS DECISION AND ADOPT A NEGATIVE DECLARATION FOR THE PROPOSED AMENDMENT; AND FIND THAT THE PROPOSED AMENDMENT TO THE CONDITIONAL C-1 ZONE' I CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN AND THE CHICO NITRATE ACTION PLAN, SPECIFICALLY BECAUSE OF THE GREAT DISTANCE BETWEEN THE EXISTING PUBLIC STATER. AND THE PROPERTY IN QUESTION; AND ADOPT RESOLUTION 90 18 APPROVING THE PROPOSED AMENDMENT TO CONDITION 2b OF THE CONDITIONAL ZONING AGREEMENT ENTERED INTO SEPTEMBER 1,, 1987 TO READ AS FOLLOWS. 2b. IF AND WHEN CAL WATER TOMES TO WITHIN 300 FEET OF THE FRONTAGE OF THE PROPERTY, THE PROPERTY' WILL BE REQUIRED TO CONNECT TO CAL WATER. S `M VOTE 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BtTT'1'E COUNTY BO,Or. ;SUPERVISORS MINUTES - Jantiary 23, 1950 Teresa George - proposed Negative Declaration with mitigation measures regarding; environmental impact and Rezone to modify a conditional C-1 (Light Commercial) rcial) 'zone located on the southwest side of Highway 32, approximately 575 feet northwest of Oak Way' and Highway 32 intersection, identified as AP 042-140-114, Chico. '(File 90-2;� The Commission waived the reading of the staff findings. Staff said this is a previously approved conditional zoning, Staff said that the Health Department is willing to allow this parcel to develop with other than public water. Staff said at the time the Health Department imposed the condition, it was assumed the water main was closer to the property. Staff said the Commission is only dealing with one condition today. Mark Risso, engineer, said he had n0 comments. He. said he was there to answer questions. Chairman Lambert asked how can the Health Department consider dropping a condition in a high nitrate area because of financial consideration. Mr. Risso said that the expense of extending the water system is not part of the Nitrate Action Plan. if a well can be installed on the property. Chairman Lambert said that changing the condition based on cost bothers her. Mr, Risso said. the Health Department would not have put Nit., condition on in the first place if they had known the water main was not readily available. Staff said there is a major difference in the old condition and the suggested new condition. The old condition said "any new development or conversion of the existing single-family residence could be served by a public water supply" the new condition does not limit the conversion of the use from single family residential to anything that might be ; '1, �Ied in the commercial" Chairman Lambert said at the rezone level they have no idea what is going to be built there. Commissioner Lynch suggested the condition read "or anything other than a commercial use of this ;property, a storefront commercial use of this property; would require connection to the public water supply", He said then the only thing that would be allowed under a well would be ,an actual commerciat tiso, a non. residential oonhmercial use. Staff said this: could inclure it restaurant. y' Mr. Risso suggested dist: She condition state that "tit such time as water is available the property will connect", Commissionet Iaynch suggested there be a condition that "any development on a well will require a Use Permit". "BUTS B,fcol PLA gN,tAd, CC71~I.rtxSMt t' ;,,- DeeeYnbear°,. $0 1; r 11r4°r. Risso suggested "that wlicn the connection is within 300 feet of the frontage of the property it will be, connected to public water". The hearing was closed. It. was moved by Commissioner Lynch, seconded by Commissioner Ostrowski and unanimously carried for approval as follows: A. Find that the requirements of the California Environmental Quality Act have been completed. and corwsidered in making this decision and recommend that the Board of Supervisors adopt a Negative Declaration for the proposed amendment; and Bi Find that the proposed amendment to the conditionalC-1 ?one is-cornistent with the Butte County General Plan and the Chico Nitrate Action Plan, specilicali; because of the great distance between the existing public water and the property in question; and C. Recommend that the Board of Supervisors adopt a resolution approving the proposed amendment to condition 2b of the conditional zoning agreement entered into September 1, 1981 to read as follows: 2b. if and when Cal Water comes to within 300 feet of the frontage of the property, the property will be required to connect to 'Cal Water. PLA-N&xNG CiJt+tAX8X 1b Mind! t$ bdcembee, ;14'IOP 'FILE NO. 90--2 BUTTE COUNTY PWiNNING COMMISSION STAFF FINDINGS -- November 3.0, 3.989 APPLICA1Tt Teresa George OWNER: Teresa. George Rezone to modify a conditional C-1 REQUEST: zone on Assessors Parcel. No. 42-14-114 AP NO. 42-14-114 SIZE: 1..06 acres Along the southwest side of Hwy. LOCATION: 32 approx '200 ft. northwest of Oak Way, in the Chico urban area. EXISTING ZONIIiG: G-1 LONING HISTORY:eptember Zoned coiiditiana]. C-1 S 1 1.987 by Ord #2618 and Conditional zoning Agreement Resolution 487- 2.A; zoned C-2 March 30, 1916 by Ord #1701. 8URROUN7DING ZONING. C-2, S -R, A--10 and M"2 SURROUNDING LAND USE: North! orchard with urban reserve East: commercial and overlay; residential; West: single family and multiple family residential and. South; orchard and low density residential. SITE HISTORY'z The project site wa granted a general plan amendent from medium density residential to commercial b the Butte County Board of Supervisors on September 1, 1987 by resolution 487--23-4. At that 1 BUTTE COUNTY PLYING (COMMISSION STIFF FINDINGS November- 20, 1989 same time the Board also ted the C-1 conditional zoninggwith 1- Owner to the following conditions an assessment sign agreement ndto Participate in a establishes said district he drainage requirements of the Nitrate Ain thlPlan, local agencies ction future and meet the 2• A y new development familyresidence torbeoserred�b of the existln v y Cal Water.'sting single 3- Bath parcels to be easement from Hwy. 3�lia�ted' to one co develo the common mmc�n driveway access P to at uses Property line when 4� Install. curb Of the existing sinrsidewalk and drainage upon conversion a Assessor Parcel glefamily stucttrre go 42`e _x14. r development of 5. Construct a two Of Transp°rtationeflane With standard tapers to De requirements. pt. 6: Contribute a side fire Pro rata share to station fund as the cost for the new we Forestry for c°rtamercial zoningtermined by the CAS Dept of 7`Owner to sigh a covenant mitigation measures including with the land that installed as ne ng a 8 ft: masonry no the commerIcial ussary so that development and wall be the northwest and southwest WillSnot Aeration of Property more than 60 dbIs at 8 All structures shall, be P y linea , the SOUthwest right of walocated a minimum of 25 f Y of Hwy 32, �, from 9+ Exterior li htin 9 g shah. be shielded from Hwy; 32. 1J. Applicant must also l and local: statutes comply with all Other Ordcomplicable inances, and regulatistate ons. GENE� PIAN DESIGNATION; Commercial. 2 I BUTTE COUNTY PLANNING COMMISSION STAFF FINDINGS November 30, 1989 APPLICABLE REGULATIONS: Butte County Code Section. 24-23.8, 24-26, 24-28, and 24-102. Gove-:•nment code Section Ei5860, and 65862. COMMENTS RECEIVED: Butte County Deloartment of Environmental Health: "As a condition of approval, this. Department previously recommen ed connection to a public water supply. The attached California Water Service Cc)mpany estimate toconnect to the public water indicates it may be unreasonably expensive to require connection for this small prOj ect. On that basis, a revised condition_ is acceptable to this Department: 1 Vith.er connect to a public water supply or provide satisfactory well water from a well properly constructed to meet minimum potable water supply requirements including nitrates." Californias Water StIrvice Com alY. "in response to your inquiry, water service can be provi ed to his property in accordance with our rules and regulations an file with. the California Public Utilities Commission. A water main extension would be required on Hwy 32 from a nearest facil;. `s which are well over 1000 fti away on Oak Way. I would expect t V he cost of such an extension would not be less than $40,000.01 you desire If y e cost to, the main. i� �roviderservicea written toyour estimate propertyointaccordance u extend with our Exte• ia. Rule 415 Please contact me if we can be of. further service ;, you." City, of Chico: City (,f Chaco has no comments as 'logig as any potential c� raFf`i impacts aLe addressed." California► Department of y_ Transpoortatioft: "Thank you for the opportunity Pa un ty to review Assessor rc-?1 A2-14- 14 to rezone a property for light commercial developr;►ent neap: Hwy. 32. Continued growth oft Hwy 32 would create further traffic congestion on the r�)ute, We recommend that measures to reduce this congestion include all increase on public transit to serve CSU Chico utudents. If there are any questions or comments, please contact Darryl Roble at 916-741-4573.14' Butte County__Public Works Department:. "None". 3 BUTTE COUNTY PLANNING COMMISSION' STAFF FINDINGS -- November 30, 1989 Fire ,4NA]'.,YSIS : artment'" . of Forestry -Fire Prevent The applicant has requested relief from condition 2b of the conditional zoning agreement signed and entered into by the applicant and the Board of Supervisors on September 1, 1987 which states as follows'. 2b. 'Any new development: orconversion of the existing single family residence to be served by Cal Water." Thi; condition was original made due to wells in the vicinity of Oak Way being found to be cant aminated with nitrates and the requirement of the Chico Nitrate Action plan encouraging connection to public water supplies where reasonably possible. The Environmental Health Department has made a determination that connection costs to a public Stager supply for this site were not reasonable due to the estimate of *40,000.00 plus to connect to public, water made by the California Water Service Company, The EnvItonmental Ht,,alth Department recommends that condition 2b of the C-1 Conditional toning Agreement be amended to read as follows 2b. Either connect to a, public water supply or provide satisfactory well water from a well properly constructed to meet minimum potable water supply requirements including nitrates It is recommended that a neqative declaration be prepared for the ��aroject based on 'Che initial study dated April 14, 1987 for the Jere !Bolster rezone and general plan amendment, nein information provided by California Water Service Company regarding cost for connecting to the water system, and the memo from the Environmental. Health addressinct the issue of connecting to Cal Water dated October 6, 1989. RECOMMENDATIONS, A Find that the vc.,quirements of the California Environmental Quality Act have b, -,n completed and considered in making this decision and recotml?►l.,;al that the Board of Supervisor$ adopt a 4 r BUTTE COUNTY PLANNING COMMISSION STAFF FINDTNGS - November 30 'CI89 negative declaration for the proposed amendment; and t, Find that the proposed amendment to the conditional Cl zone is consisteAt with the Butte County general plan and the Chico Nitrate Action: Pla.4z, specifically because and C. Recommend that the Board of Supervisors adopt a resolution approving the proposed amendment to condition 2b of the conditional zoning agreement entered into September 1 1987 to read as follows 2b "Either connect to a public water supply or provide satisfactory well water from a well properly constructed to meet minimti>n potable water supply requirements indlud ng nitrates* I' In the event the Planning Commission cannot make the required findings in accoY,dance to the Butte County General Plan and the Chion Nitrate Action plan than the following motion would be appropriate; A. Find that the ro,,quirements of the Ca. Environnental.Quality Act have been completed in considering in making this decision; ,l s. Find that the pioposed amendment to the conditional 0.1 zone is not donsist6nt with the Butte County General Pian nor the Chico Nitrate Action Plan., specifically because `,• and Deny the request for an amendment`' to condition 2b of the conditional zoning agreement entered into September 1, 1981 by the applicant and the Board of Supervisoz'J. BLN. j to Attachments to Commission and Cities: Location Exhib. and Environmental. Documents 5 LEGAL. DESCRIPTION FOR TERESA C. GEORGE REZONING "All that certain real property situate in the Country Of Butte, State of California more particularly described as Parcel 1 as shown on that: cevtain parcel map filed in the Butte County Recorder's Office on thh 30th day of October, 1981 in Book 810 of Maps at Page 66." OU1 l 6 Cd. planriko C`mt % JOIN 2 a 1989 APPLICATION FOR R'ZONINGOrortilla, caliiornia BUTTE CO NTY PLANNING COMMISSION APPLICANT; head and roilow instructions sct forth on last pagcofthis form: Applicant's Narne — Teresa C GeccrcLePhone Na: 343-5122 —� Applicant's Mailing Address 1925 Nord Avenue Applicant's_Snterest in r roperm(Owner.1-cssee, Otbcr)_..,_o ,- } Owner's Name and Addrtss Contact Person for Project (if other than applicant) Assessor's Parcel Number(s)= 4 2 3 41 JA Present Zoning r, _ 7 Describe anticipated on ,and off-site drainage improvements (PIVD, MNP); ,- ..a e4 b - fin Describe how on-sitc and downstream drainage channels will be affected (PUD, MHP), Watersourc& Fel _ Proximity of water for Fire fighting purposes (hydrants, ponds, etc.) —sC)nf_ rAot Will excavation or grading be; ncoessary7 _ no Cubic yards (estimate)? List and describe and other related permits and other public approvals required for th.iz prr. J.ant, including those required by city, regional, State and Federal agencies nano wr If des and type de the number uo der oni,k utcwhether units arc single or multistory in height, sc,:edule of uniti Nle Ow If commerciai, indicate the type. Whether, nei¢bborhood. city or reaiona0v orientr: ;, tauare feotne6 a A4 sales area, and loading facilities,, . city oriented commerical, less bhari 20,000 square", et if industrial, indicate type, estimated employment per shift, and loading facilities, if institutional indicate the major function, estimated employment ,per shift, v1imated occupa oy,.. loading facilities, and community benefits to be derived from the project. N/A_ N', RONvLiI NTAl 1_MPACTS AND MITIGATION M8AStJ012S' Identify potentially significant environmental impacts associated with the rezone. What project design features or special conditions or approval (mitigation r iensures) are proposed to alleviate polcn0al envirm hitntal impacts? see„ •,iclosed gnvironmenhal.dogumbit's 8Ubmitbed_tait;h recttzesi A n , l ,�3ii .�..: . ..... EN'VIRONMFNJAI Sl"z"i•— NG 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. ten_ 1 0P"I anvi.rar man .t•31 _ clor,,uments t t a ,.. Describe the surrounding properties, Including informtl;on on plantsand animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, comm ociai, etc.), intensity of land use (one•farnily apartment houses, shops, department stores, etc.), and scale of development (height, frontage, setback, rear yard, etc.). l U =pp i g87 pny rrjnrQental documents ! O„ -- I hereby declare under ponalty of perjury that I have read and understand the instructions and that the .1 faucgoing statements are true, complate and correct to the vest of my knowledge And belief. Ibated. ��.�,..� {�, A lie pp ants 5ignatur� Propertyofner's signature _ t r Project. Vile Number_ eneral;Plan Designation`_ _ . _. Request Consistent!.- C Request; Rezone to Location and laze of paNel(s) t� ts, 3 ',Che Conditional Zoning Agreement is recorded under Butte County Recorder's serial # 87 = 35189. This rezoning application seeks to amend the following provisions thereof Exi�n-r. Paragraph 2b. Any new development or conversion of the existing single family residence to be served by Cal Prater. Proposed Paragraph 2b_ Any new development or conversion of the existing single family residence to be served with domestic water according to the then current standards and requirements of the Butte County Health Department I Mark Risso° C r F C= VETERANS AFFAIF'S P-4,Ek PETElZI P LQRETT�i A,87S A & Qgineering & t 1280 9th Street �1Ay N Chico, CA 95926 w:r✓ RAY HERBERT RUTH 7T LAJTERMAN CAROLYN SUE SS *-*A , WAY ESTATES DR �bCC� U�Z ;rte r �+9�6 CHICO CHIGG CA yCS28 VJIFPH r JOHN TIMOTHY SC+4JT T e ERNEST SS "/ ?+i P 0 BOX 188-1 6-46 1�4� �rAk`` WAY ' W Y MEI)ICAL LAKE WA 99r' V2 CHICr- 04 5-592E . ' a E4--OURT JOSEPH PAUL 4dAYNE T & ROBErr TA ANN REV TRUST 2150,r.{Iy AVL ;ALIFORNIA BAFT18T FOUNDATION TRUSTEE RICE CA 9,15986 F 0 BOX 924 CHICO GA 95927 BEiTENCOU T MARY V SALLINA NORINA 1524 4SwORD AVE 700 SHASTA ST CHIC03 CA9J r 21a SUBANVILLE CALIF96131.'J IE�tT;�C�; �iifiSINA MARIE a ROTH ROBERT IE 4, SUZANNE M . HIGHLAND #=HLAND AVE RT 8 BOX b 28A "2�9 �CA 75}91 CHICO CALIF 51S986. F` R L"C+PD HAROLD M & KATHERINE L LITTLEJOHN HAROLD 88 1 8h V I NGTON CT 1-692 OAK WAY CHICQ CA CHICO CA 9$926 c5il2 d naNSFIa LD U.-EVIN L ETAL TC rO,08rRTS MICHAEL & HELEN MARIE 1915E COVINGTON ST 1700 OAK 14AY LHIC Y Chi,G CHICO CA 9�g36 i A'Y .DAVID A VIG� I S 3T TAYLOR LE8TER E J & DIANE M ETAL X46, COVItVSToN CT WILSON CLYDE M 6: ANITA B CHI'�C CA 55�326 F C B0� 240 BELLFLOWER CA 9006 .�; V*Sx.LHA 4 HMALI A PE T RONNELLA 'S5 r SCHMID T R08ERT E & SHARON CF" k92�CC INs�TeN CT;NICO fi?05 NORD AVE CALIF 5'$956 z 11..0 CA '1*5526 GEORGE TERE'SA C MARTINO ANTONIO U & ALLESANDRINA 9r S NOKD ;AVE CHICO CALIF 9926 • s • yv^ 1 rat+ ,~ wr, y ' • ; '�.'"'7c`a'✓4iy"`.!r,t!!+S�'rs(rPw.wyr.,w.«w..M.4'i+}'+'++a. r ,qt a✓ M�f"yry' v L.�1' `�,p' � : >'k� ±MMY a.. p5 �. ti.�i IRM er "r.Ib«uYOUNrr,rDF.M:.FZg+,'aU.ww TTa.E� OF . r m'C;Aw.CfrO.jx4.! R• iAp+ "r �J2ay.C1siwiiekit� 4 a4J 1� r e ���� +�®....•� "� R c,5c7lutictt rev' 90-18 RESOLUITON FOR AN AGRFMUqr REjgTING TO REC.d.ASSIFICATYON OF .ZONE FOR 'TI✓RESA GEORGE BE IT RESOLVED AND ORDERED that the Chairman of the Board of Supervisors be and is hereby, authorized and directed to execute an agreement on behalf of the County of Butte relating to reclassification Of zoning with: Teresa George Perform everything necessary and to do and P g to carry out the purpose of this resolution„ PASSED AND ADOPTED b the Butte County Board of Supervisors on the 23rd day of January, 1990, by the following vote. AWES: SuNervisors Mclntutf, Dolan, Vercruse, FU7ton and Chairman McLaughlin NOES; None ABSENT. None NOT VOTING; None C :ED RgCLALGFILIN, Butte County Board o Supervisors ATTEST SAM x RANDOLP>ti, Chief Administrative Officer and Clerk of the Board B NOTAPED WITH OR1011 DOCUMENT AGREEMp'NT • go- Oa51 4 and between A(3pEErdENT made y �f this First Part this 1st da, lUbdivisionAoreement, +d as identified in of September, 1oe7, b rt f the State the COUNTY BUTTE, of Exhibit i J y �� of l�F California; herein a Political Ca „econd W I T NES S � T H; her Cal -led the',, First Party is which "Pro ert ” the Downer of re Property descrybed situated in. Pro Agreernetlt; and ed is in the Count al Property Item (f)the Y of matte; Exhibit Y of this (') of Exhibit, sande Property is now zoned as specified in item reclassificati Sof First application the zoning of Part classification Pro e the Party applied for in. Item P rty is bean 'y Pursuant a to the classification (c of g reclassj,fied to which Exhibit l and from its present or classifications sPet:ified... aPPlcatia�b�ore the hearings Butte, e Board of have been held matter State of Su erviso upon sa. Presented California, and P rs of the id to the tonin , it has been 'determined Of County of imposed g reclassification rmned 9 considered the so as not that certain co, safr�tY and the to create of said real ndztions genera,! welfaxeyOf the inimical to the health, NOW; County of Butte that ihasmuch asT�EP.EFORE, _�, Exhibit 1 the reclassifieatiMonU�LY ect to is be UNDERSTOOA AND sub" the cons granted the specified AGREb conditions said reclassificationm (c) of specified in the shall be. incorporated That Exhibit 1 as following para Phs, is Tha4 Exhibit gra same force and effect asdafmade a completed and attached Part of this hereto.. all 2 fully set form hs Agreement with the the followin c First ' part Shall Construct 9 conditions. t and comply with. drama 2a: Owner es tab 9e assessment ajs �g ari agreement to lishes said distric A1C`' when and participate Of the Nitrate Action lcPlan,in the if the ttturP and meet thelocap agency 2b� requirements the If and when frontage of the Cal 'Water co property the Pr perty wil.lmes to ibe3bd feet of rOq-uited to, connect to Cal Water. 2c. Both parcels to be limited to one common driveway access easement from Highway 32 at the common property line when developed to commercial uses, 2d. :Install curb gutter, sidewalk and drainage upon conversion of the existing single family structure or deve;iopment Of AP 42-14-114.. 2e• Construct a two-way left turn lane with standard tapers to Department of California Transportation requirements. 2f. Contribute a pro rata share as determined by CDE for commercial: zoning to the cost for the new west side fire station fund. 2g. Owner to sign a covenant running with the land that noise mitigation devices including an 8 foot masonry ,sound wall will be installed as necessary so that development and operation of commercial uses will not generate more than 60 dB at the northwest and southwest property lines. 2h. All structures shall be located feet form the southwest night -of -way o�: Highway32, minimum of 25 32. 21. Exterior lighting shall be shielded from Highway 2J. Applicant must also comply with all other apP!.i.cable State and ,local, statutes, ordinances, and regulations. 3: in the event First Party, any successor in intere, t of Fit:;t Party y or fanyof person in Possession of the property described 111 4 ", , perform an of t -p ( Exhibit ;I violates or fails to Y conditit�-1" of this Agreement within thirty y : r y rprovit � Paragraph 5, the (30) days after notice th..,reof a.; d�_d in Board of Supervisors of Second Party jr,!- Counsel of Secona party to instj+ute le al, instruct the County Provisions g e proceedings to enforce the rovisions of this Agreement. The Board second Party may also initiateof Supervisors of proceedings to rezote the property sificati to the alas on specified it Item (b) of Exhibit y or an other suitable classification; y Agreemeh, Notice of violation of provisions of this nt shall be sent to First Party at the address specific in Item (d) of Exhibit 1 and to the street address of the property described in -Item (d) of Exhibit 1, Any subsequent title holder, any lien holder, or party in possession of the property shall also receive notice of such violation at an address other than as specified in Item (d) of Exhibit i by .filing with the Clerk of notice is of Supervisors of Second Party the address to which the the notice is to be sent, with reference to this Agreement and the AEsolution authorizing its execution. 0 oh I o EXHIBIT Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: Teresa George (b) The property is now zoned: S -R (c') The zoning reclassification of the property is from its present 7,oning to: C-1 (d) Notice t6 First party pursuant to Paragraph No. 4 shall be addressed to Teresa George, 1925 Nord Avenue, Chico; Ca. 9.5926. (e) Tixe change: in zoning classification pursuant to Paragraph No. 4 shall. be to: C-1 (f) "Property", as used in this Agreement; includes: All. that certain real property situate in the County of Butte, State of California more particularly described as Parcel 1 as shown on that certain parcel map filed in the Butte County Recorder's Office on the 39th day of October, 1581 in Book 86 of Maps at Page 66 M z, a 5. In the event suit is brought by the County counsel of Second Party to enforce any of the provisions of this Agreement,, First Party agrees to pay to Second Party a reast�nable sum to be fixed by the Court as attorney's fees. 6. Each and ever one of the provisions of this agreement herein contained shall ind and insure to the benefit of the successor in interest of each and every party hereto, in the same manner as if the" had herein been expressly named. LN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year, first above written. TERESA GEORGE COUNTY OF BUTTE, a political subdivision of the. State of California B j ~ �, Chairperson o the B r of Supervisors JAN 2 3' Il Second Party" ATTEST: Clerk of the Board of Clerk Supervisors J a GENERAL ACKNOWLr=DGMENT State of California _ On this the? rhe day of _ rtbrudry Countyof Butte 5S,before me, Cheryl A. Mcf,aughlih the undersigned Notary Public, personally appeared TcreS� C, rear e S�r3wr�x0r�rrr�ra 11-1 personal) , N`af x et z, cs or .Tj y known to me +.. n Q 1� proved !o me on the basis of satisfactory evidence lye. �i, r .n to be the perso,l(s) Whose names) T, .,.r within instrument, and acknoWledged that _Sh --_�----__ subscribed to the ' 10 cti :n ruoh u,; WITNESS my hand and of ficial seal, �'---------ekecuted It. M -4k -r" ,ipr}� 1 e :�41t1krBJ�iiC7QIK+lrr'if/ NP' 3Mix area tw olfkiel 60 Sri coal ) "ary's Sigy ture r F I=I ='DMINISTRA'7 IVE FICE COUNTY OF BUTTE gUT 25 COUNTY CENTER DRIVE OROVILLE. CALIFORNIA 95965-3380 ° ! ` Telephone: (916).538-7631 MEMBERS OF THE BO.&.RD.• Fax: (916) 538-7120 OU„�4` HASKELA.McIN'(URF JANE VC),AN WILWAI 1 H. RANDOLOH KAREN VERCRUSE Gftlt`Fr��+IJ.INIS7RhTIVE ;FF10EFt ED.McLAUGHLIN LEN FUL t ON May 10, 1990 Teresa George 19<1.5 Nord Avenue Qdco, CA 95926 ft.e Conditional Zoning Agreoment, 90-2 AP #042-140-114 Dear Ms. George: t"nclosed is a copy of Resolution 90-18 amending the amendment conditional rconing agreement adopted by the Board or Supervisors on January 23, 1990 for property located on the southwest side of Highway 32 approximately 575 feet .northwest of Oak Way ani Highway 32 intersection, Chico: 13houid you have any questions regarding this matter, please contact the Planning Department at 538-7601 between 10:00 a.m.. and 3:00 p.m, "Very truly yours, y William H. Randolph Chief Administrative Officer WHR r a: o- T� 7 x 1 i r uR�ta Y « ; IW,. q:�* x}3„ ""y '� ♦��./♦ "E' J '�b�tw ~ „�, ♦ ♦ A`r%. i. 'C' e.4 a'' �` � 5'?P i �k��{ ;�� ic5� ^,,:i ,A +r e u ♦ w .. h .. rh°' .,r d �`�'��a+p7f+' H ,�; M r �' O i w a tXe am P. 5�. "Y3hM 146 r .tet.JBOARr. G.Jt-"'f"_ ° �# � �.w STATE OAF CALIFORN6A� { r b a Al , �GUN7'�f �rJF BUTTE, .. ,:.. t.. a "/�w �. r' •♦� ���4 orfwl.3fl+aft.�kti'WS+tVrvNG��rttx'ivtMi€A:rw!,!r;k: �c .x. �.+ �.t F, A-s, •• ,. t'",.; .h tf�'i71e ..G�r 44� g�4 aej � ♦ G ♦A Resouiion No, 90-18 ��Ml1lMt��M 1 i RESOURIONFOR AN AGREEMENT RFLATING n-) RFCLASSIRCArnON OF ZONE FOR TERESA GEORGE", BE IT RESOLVED AND ORDERED that the Chairman of the Board of Supervisort be and: is hereby authorized and directed to execute an agreement on behalf of the County of Butte relating to reclassification of zoning, with: Teresa George and to do and perform everything necessary to carry out the purpose of this resolution. PASSED AND ADOPTED by the Butte County Board of Supervisors on the 23rd day of January, 1990, by the following voter .AYES: Supeev7sors Mclnturf j Vol an, Vercruse; Fulton and Chairman McLaughlin NOES: None ABSENT: None NOT VOTMO- None P,."Q Eli MCI AUGHLIN,Aupervisors IATRM)�N Butte County Bmird o ATTEST: W LIJAM lit RANDOILPH, Chief Administrative Officer and Clerk of the Board By 11 AGREEMENT THIS AGRE,14ENT made this Ist day of September, 1987, by and between "First Party". as identified in item (a) of this Agreement, as of hCalifornia,UNTY OFheBreinE'cal.ledo"Second subdivisiDn of the State Party's W 4 N E S S E T H WHEREAS, First Party is the owner of real property, herein called the "Property" situated in the County of Butte, which Property is described in Item (f) of Exhibit I of this Agreement; and WF%REAS, the Property is now zoned as specified in item tb) of Exhibit 1• and /has at for a WHF,REAS, First Party pursuant to W,.., -.:h reclassification of zoning of the propertyp application the Property is being reclassified from its present classification to the classification or classifications specified in Item (c) of Exhibit 1; and WHEREAS, public hearings have heen held upon said application before the Board °fandupafterorl�av�ng con.sideredCounty the Butte, State of California,i matter presented, it has been determined that certain conditions to the zoning reclassification of said real property mu,� 'e imposed so as nog tc create any problems inimical to the he .nth, safety and the general welfare of the County of Butte• NOW, THEREFORE IT IS MUTUALLY UITDERSTOOD AND AGREED that inasmuch as the reclassification specified in item (c) of Exhibit l is being granted, the said reclassification Shall be subject to '; he condj:tl(. 4zs specified in the following p g P 1. That Exhibit 1, as completed and attached hereto, is incorporated into and Made a part of this Agreement with the same force and effect as if fully Set forth herein. 2: That First Party shall construct and comply Nith all the following conditions: :all agreement to participate in a drainage assestment distwner trict g t whennd if the he local agency establishes said d3.stric� in the future and meet the requirements of the Nitrate action Plax, 2b: 1-A and when Cal Water comes to within 30o feet of the frQntage �jf ,.he property, the Pperty will be required to connect to Cal Water, 2c Both parcels to be limited to one common driveway access easement from Highway 32 at -he common property line when developed to commercial uses. 2d. Install curb, gutter, sidewalk and drainage upon conversion of the existing single family structure or development Of AP 42-14-114. 2e. Construct a two-way left turn Lane with standard tapers to Department of California Transportation requirements. 2f. Contribute a pro rata share as determined by CDF for commercial zoning to the cost for the new west side fire station fund. 2g. Owner to sign a covenant running with the land that noise mitigation c.evices including an 8 foot masonry sound wall will be installed as necessary so that development and operation of commercial uses will not generate more than 60 dB at the northwest and southwest property lines. 2h. All structures shall be located a minimum of 25' feet :form the southwest right--of-way of Highway 32. 32 21. Exterior lighting shall be shielded from Highway 2j. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 3• in the evexzt First Party, any suc(^essor in interest of First Party, o; any person in possession of the Property described in item (f) of Exhibit I violates or fails to Perform any of the ,conditions of this ,Agreement within thirty (30) days after notice thereof as provided in Paragraph 5, the Board of Supervisors of Second Party may instruct the County Counsel of Second Party to institute legal proceedings to enforce Che provisions of this Agreement, The Board of Supervisors of Second Party may also initiate proceedings to rezone the property 4oA. so classification specified in Item ("b) of Exhibit I or any ot. wIr suitable classification. 4. Notice of violation of provisions of this Agreement shal1 be sent to First Party at the address spec,tfic in Item (d) of Exhibit 1 and to the street address of the property drascribed in item (d) of Exhibit 1. Any subsoquent title holder, ansr lien holder, or party in possession of the property shall als+� receive notice of such violation at an address other than as SPOcified in item '(d) of Exhibit 1 by filing with the Clerk of the Board of Supervisors of Second Party the address to which the ,notice is to he sent, with refercnre to this Agreement and the REsolution authorizing its execution. EXHIBIT Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: Teresa George (b) The property is now zoned; S -R (e) The zoning reclassification of the property is from its present zoning to; C-1 (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to Teresa George, 1925 Nord Avenue, Chico, Ca. 95926. (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to C-1 (f) "Property"i as used in this agreement, includes: All that certain real property situate in the County of Butte; State of California more particularly described as; Parcel: 1 as shown on that certain parcel map filed in the Butte County Recorder's Office on the 30th day of October, 1.981 in Book 86 of daps at Page 66. r S. In the o�.i' Second: ,Pasty to Agreement, event suit is brought by the County Counse enforce any of the First Part sum to be fixed by the a j provisions of this courtsasoapterto second Party a reasonable Y fees, 6• Each and ever agreement herein contained shell One of the Provisions this the of and insure to the benefit successor in interest of each ands of sazle manner as if they had herein in the been expressly named. Iethis Agreement:WITNESS the da Y WHEREOF, the parties hereto hAgreement: and year first above written, executed TERES COUNTY OF BU E, 17 t subdivision of the State of, California BY C, Chairperson o the B�". supervisors o£ JAN 2 3 199 ._ ST : � =�. ATTEST: Second Party,, _ •, Cler o e Boar o. Supervisors ala, K4. Nr 7•Y+ll4. :H- rvk_hl'{F, f i=hwt4.kk:. fy. 11C i ERAL ACKNOWLEDGMENT State of California On this the? th day of ..February ss. _,,;�,1�0 ,.before me, t Butte, - Countyaf mut Cheryl A. McLaughlin the undersigned Notary Public, personally appeared + Teresa C. Geer e z r *►„ r,+� p as personally known to me to ra s� i» s a e1 �-.... proved to me on the basis of satistactbry evidence l t ' �Ir�1' to be the persons) whose name(s) . _Issubscribed to the fi� r �3 Within instrumEnt, and acknowledged that 1�� executedtt. r�''��"�+s.:+on �'rsN�lpltl22.1�97 � WITNESS my hand and official seat _ c trur lma C-01ary's J.P 1 tin az+x k, Official neYatiel seal) Sign Lure. , y Teresa George 1925 Nord Avenue Chico, CA 95926 Re: Rezone, File 90-2 Dear Ms. Georges At the regular meeting of the Butte County Board of Supervisors held January 23, 1990, Resolution No, 90. , 18 was which modifies a Conditional C-1 Zoning Agreement on property side' of Highway 32, ithe . rtv located along the southwest s in Chico Urban Ares identified as AP 042-140-114. Enclosed is the revised Agreement approvdd The i before this by the, Board of Supervisors: signature must be notarized rvisors. Please sign and return this Agreement to the Agreement t.an be recorded., possible. Clerk of the 13oard as soot, as Should you have any questions regarding this matter Planning Department at 538-7601 between 10:00 , Please contact the am. and 3:00 p,m. VeY'truly ,yours, Randolph Chief Administrative Officer I is -AV '.'"kv-, 1--- - 4i :_ , CHI* ADMINISTRATIV14FFICE COUNTY OF.BUTTE gUTrE 25 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3380 T0180110he: (916) 538-7!.31 MA MEMBERS OF THE, BOARD: Fax: (916) 538-7120 HASKEL A. MCINTURF WMLOAM H RANDOLPH JANE DOLAN CHOFF A WHOMATM:. OFFiceR KAREN VERCRUSE ED MCLAUGH41N LEN FULTON January 24, 1990 Teresa George 1925 Nord Avenue Chico, CA 95926 Re: Rezone, File 90-2 Dear Ms. Georges At the regular meeting of the Butte County Board of Supervisors held January 23, 1990, Resolution No, 90. , 18 was which modifies a Conditional C-1 Zoning Agreement on property side' of Highway 32, ithe . rtv located along the southwest s in Chico Urban Ares identified as AP 042-140-114. Enclosed is the revised Agreement approvdd The i before this by the, Board of Supervisors: signature must be notarized rvisors. Please sign and return this Agreement to the Agreement t.an be recorded., possible. Clerk of the 13oard as soot, as Should you have any questions regarding this matter Planning Department at 538-7601 between 10:00 , Please contact the am. and 3:00 p,m. VeY'truly ,yours, Randolph Chief Administrative Officer I is -AV '.'"kv-, 1--- - 4i :_ , TIM C `4b �3%4i�rrrrrr r b d�A� _ _ r�v ""� �''�� r A Y f ^ Y 14 '� . VI O • f s� �� aff xia: {7 pF , E3UTT�� STA'TE� �pl't1r1„i�,4... 1 M COUNTY :*X A =, rJrV ,• 4 jya,,,� ;„df= yr. ° a Resulufiotl No, 44 IIMR■RR•P �,�,� �ss�cAnaN -or R�puTXTON FOR. � AN ��GR1Nr ZO1�IE FOR TERESA 0ED-RGE that the Chairman of the Board of BE IT RESOLVED A111-ORDERED hereby to execute all and is authorized and directed supervisors be to reclassif�icati.on agreement on behalf of the County of Butte relating of zoning with. Teresa George out the purpose of this do and perform- everything necessary to carry and to resolution.etwisoTs 'o` -OPTED by the Butte County Board of Sup n pASSED AND flair of TA"uarV. 1990, by the following vete. C AGREEMENT THIS AGREEMENT made this 1st day of September, 1987, b and between "First Party", as identified in ,item of this Agreement, and the COUNTY OF BUTTE, of Exhibit 1 subdivision of the State of California, herein called u Parts"• a political .Seconal:. W I T N E S S E T H herein calWHde• First Part Pro art Y is the owner of real property, which Pro ert 'Property", , situated in the County of Butte, P Y is described rz Item (f) of Exhibit I of this Agreement; and WHEREAS, the Property is now zoned as specified in Item (b) of Exhibit 1; and WHEREAS First Part reclassification of tonin Y has applied application the P.ro oni g of the Property pursuant toowhich classification to the classificationrorlclasfied from its present in item (c) of Exhibit 1; and classifications specesen ed WHEREAS, public hearings application before the Board of gervisorshave eeof held Butte, d upon said State of. California, and after having consr,aereYthe matter presented, it Iaas been determined that certain conditions o to the zoning reclassification mi s imposed so as not to create an aid`real property must: be safety and the general welfare oftheinimical to the health, County of Butte. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification specified in.item Exhibit 1. is being granted, the said recl.assiticatio to the conditions Specified in the iollowin ic) of ,subjectn shall be 1. That Ex��ibit 1. g Paragraphs: is incorporated into and` , as completed and attached hereto, wine force and effect, as ifmfully, set forth herein: ade a part of this Agreement wit)' the all the 2' That First Party shall construct and combly tv:it�t, following conditions 23• Owner to drainage assessment diatrign C. an agreement to participate in a establishes Said district in the�hen anandifMeethe re -- local agency Of the Nitrate Ac -.ion Plan. quirements . the frontage of the Property, the comet to within 300 feet of 2 If and �rhen Cal. Water cam pro ert. pro"ert p Y will be requbed to coranec t o Cal water. 2c. Both parcels to be limited to one common driveway access easement from Highway 32 at the common property line when developed to commercial uses. 2d. Install curb, gutter, sidewalk and drainage upon conversion ofthe existing single family structuria or development Of AP 42-14-114. 2e. Construct a two-way left turn lane with standard tapers to Department of California Transportation requirements. 2f. Contribute a pro rata share as determined by CDr for commercial. Zoning to the cost for the new west side fire station fund, 2g. Owner to sign a covenant running with the land that noise mitigation devices including an 8 footmasonrysound Gull will be installed as necessary so that development and operation of commercial uses will not generate more than 60 dB at the northwest and southwest property lines, 2h. All structures shall be located a minimum of 25 feet form the southwest right -o% -way of Highway 32. 32. 2i: Exterior lighting shall be shielded from Highway applicable Applicant must also comply with all other pplicabl.e State and local statutes, ordinances, and regulations. 8e in the event First interest of First Party, Party, any successor in or any person inPossession of the property described in Iters (f) of Exhibit I v2olates or fails to perform any of the conditions of this Agreement within thirty Board ( days after notice thereof as provided in Paragraph 5, the rd of Supervisors of Second Party may instruct the County Counsel of Second Party to institute legal proceedings to enforce Secod Parti may also initiate proceedings of the provisions of this Agreement. The Board of Supervisors to the classification Specified in Item (b)tofreExhib Exhibit Property other suitable classif.uaton 4. Notice of violation. of Agreement shall be sent to First Party at the address provisions Item (d) of Exhibit 1 and to the street address of the proper�y described o Item (d) of Exhibit 1. Any subsequent title holder- an80 y lien holdew; or party in possession of, the property shall specifiedinve nIteme Of d) such of ExhibitioI at an address other than as the Board of Supervisors of Second natty filithe d cwith ess the Cletk of notice ,is to be sent, With reference to this Agreemeritto hand the. REsol -Eion. authorit:ing its execution. EXir BIT 1 Agreement (a) "First Party", as used in this A reemenE 411 of the following: Teresa George includes each and (b) The Property is now zoned: s -R (c) The zoning reclassification of present zoning to: C-1 the Property is from its (d) Notice to First Party pursualt addressed to; Teresa George, 19250 NordAvenue,Ue, Chicor . 95926. ico Ca, (e) The change g in zoning cZaS Nd -4 shall be to: C-1sification Pursuant tO Paragraph (f) "Property., as used in this Agreement, ment, includesi A-11 that certain real. property Butte, State of California more situate in the County o Particularly described as: Parcell as shown oft that certain parcel ma as. - Butte CountRecorder's p filed in the 1981 in Book 86ofMap s atfPa"eice o6nthe 30th.day of October, Page _ Y+-'4 - •{*4•V A4 rv4 d.iFl?YFk u p+!i� l 13.vi! m I,I qtr vi.+; +A `r S. In the event suit is brought 'by the County Counsel. 0.£ Second party to enforce an,,,, of the provisions of this Agreement; First Party agrees to pay to Second Party a reasonable s= to be fired by the Court as attorney's fees„ 6_. Each and every one of the provisions of this agreement herein contained shall ind and insure to the benefit of the successor in interest of each and every party hereto, in the same manneras if they had herein been expressly named. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. TERESA GEORGE COUNTY OF BUTTE, iapoitica subdivision of the State of California By M.-irperson of: h" 9 Board of Slzpervisors 080con6 Partyn ATM=, = Clerk o the Board Supervisor Inter -Departmental Memorandum TO Butte County Board, of Supervisors FROM: Planning SUBJECT: Teresa George, Modification of Conditional. Zoning, File 90-2 DATE January 10, 1990 The suggested motion for the subject modif ca- ion is as follows: A, Find that the requirements of the California Environmental Quality Act have been completed and considered in making this decision and adopt a Negative Declaratipn dor the proposed amendment; and B. Find that the proposed amendment to the conditional C-1 zone is consistent with the Butte County General plan and the Chico Nitrate Action Plan, specifically because of the great distance between- the existing public water and the property in question; and of the a Res limon approving the proposed amendment to Condition 2b p . ` Zoning Agreement entered. into September 1, 1987 to read as follows: 2b If and when Cal 'Water comes to within 300 feet of the frontage of the property, the property will be required to connect to CalWater: /ir- - i ,riAC. tAhJly QE hJATURAL WEALTH AND BEAUTY PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIPORNIA 95965-8397 TELEPHONE: (916) 538-.7601 December 15, 1989 Teresa George 1925 Nord Avenue Chico, CA 9592E Re: Rezone, File 90.,E Dear Ms. George:' At the regular meeting of the Butte Count;, Planning Commission held December 14, 1989; your request to modify a coriditio, C-1 zone located along the southwest side of 13i ngh,way 32, approximatelyori 200property feet orthwest of Oak. Way, in the Chico Urban area w�Is recommended for foIlt>ws:: approval. The Ccimmission recommended -`o change Condition 2b to read, as grope the ; ro within 300 ,feet of the frontage of the:. 2t�, If aril when Cal 'Water conies to property, Property will be required to connect to Cal Water, A report of this matter will be made to the Clerk of the $pard of Supervisors ana you will be notified of the time and date of tli�s meeting Enclosed is the revised Agreement recommended for approval by the Butte County Planning Comirt scion, The signature must be notarized before this Agreement can be recorded. Please have this Agreement signed arxd Supervisors at he t`me of the tzOtatized and returned publicIhea trice for submittal to the 1ioard of g• gUTTF o i e o e aUMA i/11L, A0.4 H RANDOLPH CNtCF AWAIN13TRATIVE OFFICER clFII ADMINISTRATI'V'EOFFICE, COUNTY OF 'i3 WITE 25 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965.3380 Teiephon: (916) $38-7631 MEMBERS OF THE BOARD; FaX; (916) 5311-7120 HASKEL A. WINTURF JANE DOLAN KAREN VERCRUSE ED MCLAUGHLIN LEN FULTON January 10, 1990 Teresa George 1925 Nord Avenue Chico, CA 95926 Re: Rezone, File 90-2 Dear Ms. George: The Clerk of the Board of Supervisors set a public hearing date for January 23, 1990 at 10:30 a.m, to consider your request to modify a conditional C4 zone for propergr located' an the southwest side of Highway 32, approximately 575 feet northwest of Oak 'Waymid Highway 32 intersectiun, identified as AP 042-140-114, Chico, The meeting will be held in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive; Oroville. Shouldou have any y questions regarding this matter, please contact tho Planning Department at 538-7601 between 10:00 a.m. and 3:00 p.m Vory truly yours, William H. 'Randolph Chief Administrative Officer WHR:Ir cc Mark Risso A & Q Engineering 1`80 E '9th Street Chicu, CA 9592E TO; Planning Commission FROM, Planning Director SUBJECT': Update on the Environmental: Review of Teresa George Rezone File Number 90-2 AP# 042-140-144 DATE: October 26, 1989 This memo has been drafted to upda determination of the Teresa George Rezone .e the e11vi; e Healt Department has determined that it would be Project - doe Health Potable water` to auradequate'provide Service. The Health Department determined well rather theCa Water Water Service Company estimate to connect to alfornia indicates it may be unreasonably exper,.sive to re uiP blic water for this small of a project, On that basis, a revisedccnnectior is acceptable for the conditional, zoning on AP #042-140-144. .Health Department recommends the condition in esti condition as follows: The question be amended ' sfacr rynn.ewell.o awaater water supply or provide 1 Either satisfactory tear from a constructed to fiLhet minimum potable C�tvaterll prsupp y requirements including nitrateso it is pro�ectebasednondthea� a Negative Declaratiotz be Prepared Jerry for the Bolster nidal study dated April, 1:4, 1581 for the Rezone and General: Plan amendment: new information � provided b to the y , regarding for connecting Y Ca, Water Service Co, re ardin cost, addressingnthe issueeO f C,onnectin tomCaland ther a Environmental. Health 1589. 9 Water dated October 6; cc Teresa George A: � Q Engineering t1'1'111JIT11 I. 0 ! I IH' n' tl[ 1 111"I"1; 1;_hVlit(1�"All i ORM (to fie cctc�t^ crf�Fiy I,c7 AgciIcy) ,a Log 0 87-03-13-02 1. BACKGWUND AP N 42-14-73,114 File No. -37--38A &' B. 1 Name of proponent JERE BOLSTER 2, Address, of proponent and representative (if applicable) Jere.. Bolster 1503 'Manzanita ,Avenue. Chico, CA 95926 3: Project description General, Plan Amendment & Rez6ne _ if. MANDATORY FINDINGS 01 S WNI VI CANCH YES MAYBE NO a, Does thepra°tct have the potential to degrade the quality of t c environment, tubstantizilly reduce the habitat or a rich or wildlife species, cause a fish or wildlife population to drop below self- �� susi.aaniig levels, threaten to eliminate a plant or animal eemmunity, reduce the ,number or restrict the range of a rare or endangered plant or animal or eliminate. importntit examples of the major periods or' California history or prehistory? h. Uoes,the project have the potential to achieve short-term benorits to the detriment of long-term,, environmental goals? (;A short-term impact on the cnvironment`],� one which occurs in a relatively brief periocl of time while long-term impacts will endure into t to ruture.l c, hoes the project have impacts which are individu- r ally limited, but cumulatively considerable? (A project may impat'. on two or more separate resources r where the impact on each resource is r'elati'vely small, but where the effect of the total or those impacts o1i the environment is significant.) d, floes the project have n-,virbnmental effects Which •�: will cause substantial adverse effects on human �, v beings, tither diroctl% or indirectly? l l l•. 111:TFf? ITNLION (To he compl cued by the Lead Agency) Ott the basis of this initial .ev luation; on the rnv'ri`onmcnt, and i► N1iC,1T1Vil nECI.AitATI a ,gni 060 effect s proposed UN will he re "areii T%lvl; find the roio:.ed pro ect Cn[ILII NOT have 1 1V3 rind that although the ,rope:yeti project could have igna,ft " cant offeet on the cnvirotiw,cht, there will not bo a, Sllril,bicunt effect in this case' because the MITIGATION W'%'A5'URP-.S deset" el ons . the attached :sheet have been addod to the p1'Ooet, A N0AtIVfl Vel r: CII:t:I,AitA`I'10X .rvi 11 hr~ prcpat eel, id 1 the c�n��i1"ciluiil'n,111c1 :ihpf1N�11thNiIIN7'Afi, iDihAC;`I'fi'lilii>Dfi37` is r`ti►trocl,�` ; I/Wrl i'111d ti,i �roposod reject MAY ha,ie ti 4i iniricaht t4tc.t on 4 Av rii 14 1087. ' i A'1t. P" t`lilfNh 1 0j� 1311`1 f E ,1>i ANNTNC i►fiihAi21'fill:�'�f'' LaurA N,..��`'T"�1t e, Ass,*c, to Planner °± "ENVIRONMENTAL I CTS "'m�3ybe" are (Explana o a l-"yes" and answe required on attached sheet(s)) YES MBE N0 1. EARTH. Will the proposal restxi.t in significant: a. —Unstable earth. conditions or in changes in geologic substructures? y , b. Disruptions, displacements, compactioi. or Qvercoverins of the soil? C. Change in topography or ground surface relief features? d. Destruction, covering or mod ific'at an of any .uni t+uw geologic or physical features? e. Tncrease in wind or water erosion of soils, either on or off-site? f, Changes in deposition ur-erosion of;.beach sands,` or changesin siltation, deposition or erosion which may modify -the channel of a river or stream or the -bed .,of the ocean. or inlet lake? any bay, ox• go Loss of prime- agriculturally productive soils outs'i..de designated urban areas? ii. Exposure of people or property to geologic . hazardsas earthquakes, landslides mud- slides , g-i fund failure or similar hazards? 2. MR. Will the proposal result in substantial: i Air emissions or deterioration of ambient air quality? - b, The creation of objectionable odors, smoke c, or fumes? AlterAtion of;,air movement,, ihoistuxe, or temperature, or any change in climate, ? x locally or regionalll 3. WATER. Will the proposal result in substantial: a Ch ange•s in currents, or the course or direction of water movements in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, o'r the rate and amount of surface runci" f? , r.,; Need for off-site surface drainage improve- ments, including 'vegetation rehibvol. channel- ization OIL culvert installation? , .d. Alterations to the course or flow of flood waters? #' ... e Chang.o in the amount of surface ;tater in any `. water body? . ,�» f, Discharge into surface• waters, or inr any alteration of su °face. water quality, including but not limited to temperature, dissolved turbidity? 41t�rator . iott of the direction or rate of ;Clow _ of ground waters? h. Changs, in the quarto ty or quality of ground taaters either through direct additions or with- drawals, or through i'ctercep..ion of an aquifer by cuts or excaration$? i. Reduction in the amount of water otherwise available for public ;Dater sup'pl ,i es? j, Exposure of people or property to water as flooding? related hazards sut.h y E S 1KA YB E NO`. A al result in substantia.: PLANT LIFE. Will the prbPy or number Q. cies, a. tinge in the ctiverlants�(inc:uding trees, of any species of p —`' shrubs, grass , �:rops and aqua tzunPQuesrare b. Reduction of thE�pciebers of of plants? --" or endangered sp. G odes of plants into an er c,. Introduction of newp ]enish- area, or in a batrier to the noranal rep merit of existing species? a ricultura.l crop? J d, Reduction in acreage of any 8 result ins ubstantial: 5, .4NINL LIFE. Will the proposal ange in the divers_ty of species, or numbers species of anima (birds, land animals of sny. spec fish and shell fish,( including reptiles, benth c organisms or insects)? ue� rare b. Reductiooneredt}spec.eseof animars 0-f ls? --- ox endangered species of animals into .on ew, ati C. ].ntrodt�ctzon of n k an area, or result in a barrier to the j�.Zgr or movement of animals3 fish or wildlife d, Deterioration to existing habitat? proposal result in suhstantiai: o, NOISE Will the noise levels? a—. xeasPs in e casting b Exposure or people to severe noise levels? ,Will the 'proposal produce �. ?, LIGHT AND GLARE. � .--- s'igni Zcant 1�.ght and g J e? _ y nasal result in a g, LANDIISE. ,1x11 the propo resent or planned x 'mss � tial alteration of the �i — land use of an area? NAT. URAL_.RE50URCE5; Will the proposal result in g su stant1a1 a. Increase in the rate of use of any natural resources? non-renewable natural b, Depletion of any resources? Will the proposal involve' lb+ R,ISIC OF_, UPSET. of hazard- ar A xis o explosion or.the but not limited to, nus substances (including! 11 the chemicals or radiation) oil, pesticides, set conditions? event of an accident or up envy JL b, possible interference Wit h evacuation pla0 response Plan or emergt,ncy ro os al alter the location, P011,0LA`i'IdN. Will the porpgrewth rate of the human lstr.x ut�on, density, popula'' ion? ro osal affect existing housingi F�UUSiNC . W411 the p p v or create a dem..,�d for addltlanal dousing? 13. 14- 15. 16. YES MAYBE NO TQAANSPnFTATION/CIRCUL4TT M W411 *-hh s l e propo a result in: a. Generation of substantial additional vehicle R. movement? b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact on existing transportation Y systems? d. Significant alterations to present patterns _L1. OP circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? PUBLIC SERVICES. Will the proposal have an effec. upon, or result in a need fot new or altered governmental services: a. Fine protection? b. Police pro�ection.7 Y c. Schools? d.* Parks or other recreational facilities?' e, Maintenance of public facilities, including roads? f: Other governmental services? ENERGY. Will the proposal result in a. UsUse of substantial amounts of'fuel.or energy? b. Substantial increase in demand upon. existing suurces of energy, or require the development of new sources of energy? UTILITIES. Will the propo3al result in a need for new systems, or substantial alterations to the -poli own g. a. Power or natural gas? b. Communications systems? R. c. Water availabil ity: d'. Sewer or septic tank? e. Storm water drainage? f. Solid waste and disposal? RYAN HEALTH. Will the tropos'al result in. a, Creation of any heal0: ha ;a.rd or potential health hazard. (excluding mental health)? b. Exposure of peopi,t to potential health hazards?' AESTHETICS. Will the proposal result in the obi°"truce ion of any scenic 'vist& or view ripen to the pub'lie,, or will the proposal result in tho creation of an aesthetically offensive site opko,-I to public view? a a NO w os_:I. result in an, impact , lg, RECREATION. W: it the pro; �of existing xecreatianal quantity upo--n tie qualityor. opportunities? ?.a. CUa.LTURAL RESOURCES . o osa7L result in the alterat�:an 'YT 1 M P p or s 1(� prehistoric of or the destructson of a p --- archaeological site?a h sinal p Y �� historic Will the proposal result in advers,, b, a prehistoric .or or aesthetic of-ects to historic building, st`:ucture or object' - --" the po'tenti'al to cause c. Does the proposal have a physical change which would affect unique X ethnic cultural values? -''• -the restrict existingTell"' us v proposal d, Will potential with%n the or sacred uses . area? ALUA10N File No. 87-38A & B DISCUSSION 0Fy ;YRONMENiAL' See attached. , k' r FI W� Q1SCQSq,1QN-,QF ENVIRONMENTAL EVAI-UAIIQ FILE NO. 87-38A and 8 far-o-iect Descrir-,-Ion s-,eners,l Plan Amendment, ft,om Medium Clerisitv Residential tc. Commercial on 2 acres located to the west of Highway 82. The project area Is in two distinct parcels, one of which is already zoned C-2. The other parcel Is zoned S -R and ioIi require a Rezone to C-2 prior to commercial development. D L, _0_r I— lb: The property is currently developed with one single-family house and an orchard. Conversion to commercial use Is expected to disrupt and over cover the Majority of the soil surface. let Solis on site .are of the Parwe'll, Loam Serles} which has a slight erosion patentlalErosion is only of concern If drainage Is hot properly accommodated and runoff Is generated onto adjoining properties.. tea; Use of the oroparbles for commercial activity can generate two differ-ent kinds of air pollution Impact-, point and nonpaint. Point sources Include repair oarag6t, paint shops acid some food establishments. Nonpotht sources Itm-lude vehicle emis:-,lons. Point sources shall meet the requirements of the Air leo llutloi'l Control District at the time of building permit Issuance. Nonpd1ht sources can only be controlled at.'the regional or national level. 3b,c, l6e: Construction of anew commercial building on property now planted In an ori. *,srd and development of parking lots will generate a signif icant amour, L, of storm water runoffrhere are no com-munlb,/ drainage facilities In the vI clol by nor any community service Nt,46as for the provision of facilities. Drainage will have to be Provided on site. Urainb06 trenches are one means to provide a temporary solution to dra i naoet-. the ultimate solution would be to tie Into alreaWide facilitidt. 06ve I Opmetlt 611 s I to W 1 1 1 need to meet the raqu I cements of the N I trate action l*,l an which 1.41 1 1 include sJonInq an boreeibont to participate I n: futut,O drbihag,- dfisbrltt:s, -Sh , I bc 'We I 1 9 1n the vicinity 6f Oak Way have beam tested by the Poo ional Water OU61 Ity Control Board and found to be contaminated with rk - trates. 141 trate I eve I s I n -11-hese we I I s have exc,.eeded 60 m I I I I grams Pel' I I ter) f br I h excess of the 1- ederlb I standard of X45 m I I I I grams per liter. Nittat Pose a serious health hazard to lhfahts; 'pregnant women and the eldorly. he primary dancer troM drinking water Contaminated With nitrat-es, Is the fact tht4v- 4 -he n1trbtes limit the oxygen absorptiori capacity of red blood derIls. CbItfdrhIa Water Service Company lines should be extended. lines are t!Ot extended) there form 18 water sere I ce CoMP,511Y li-h hazards, PC-.er#j'iaj to expose future tenarts of the property to he@ .Vegetation on site includes an old orchard othen the northerly 4'Ef -1 Trees will need to be and urban landscaping at the ham=s n made, prior to development- Since the habitat On site is Ma riatural, thl,f, impact is not sl;;iniflcant . verted to urban use. This Impact Was 4dZ, A 1 -acre orchard will be cQM IirorlmentBl addressed in the Chico Urban Area Land Use P olan jr.koact Report, 1982. Conversion of agricultural s � is i�nyto.lalternative uses Is unavoidable within the urban area. 5d: Surrounding developmeot to the West Of l-jighwaY 32 has compromised the wildlife value oher deve'1013mellt f themease properties- surable impactFuront-wildlife habitatOf in t"'theese properties will have no thicin Urban Area. The f-2 zoning djs!:rIct allows a ilumber of uses such as b 0. nd repair hOlsd garages, Ht)lch maY cocktall lounges, bowling alleya sAbsolutO and peak noise 16vels 9.,anerate excessive noise levOls4 Vse impbdt astetsmen'�,. A are One factor ,-,o consider In makthing a MO f e noise, and the time g�t Which It second factor is the duration 0 s juding an equipment 'rental mmercivil Use i Inc occurs. More benign to only because store, may qbnerate j-,jbje=tjonable noise shop or retail and nay gel"18"te blo") levels of they are open for long periods of time a traffic. Single family and multi- fpmlly residential US�98 are located to t he buffer' be, developed between the aomenerclal north arid i4est. A b is reduced A M01,56 lots so that noise exposure and retl-delltl6l stucco wall or a lat"00 bvFfer may Include a solid masonry or s landstaped berm* May spill over Onto adJ�iicent� 78: E,,t,rlbt. security lighting l Properties: At noise and light .10-vels in a neighborhood I n cr, q 4 Ji i. fl, more recuests are made for charges in land Use des lgnat ions. ingle-f6m,lly 'resIddilce and I -acre 8: Tho Present land Use is a s.h.tes these PrOPOrtles for' "al'um or -chard - file General Plan detl plan Amendment and density residential Uses. The project it 6 General o Land USd on sil"ei The Gdtnerksl P13 Pei one to a`11004 commertl6l USE!s- criteria for consideration In I IfI65 SIX site des'10110tiOn Sjr.,ment 'dent, 61 P16h AmehdMenb- These orb'. a Commercial Geller Needed +`Or cOmme t'C'Jal r_kiixvelopmon'm Good rdacl accessibility to sery I co area or traveling 'pub I c Adarrent to or Meat- Uti.litless, walkwtYt and c0mmel^clal 4, bass than 209 SIOPdS4 c._ adre4ujto f ire and pc, :l ice pr"okea ions odequato water supp I y and sewarue d i sPQsa i capab i 1 1 t I es ..;;avers i on of this land to commercial uses would not comply with site desugnation c'r'iteria a and b. Criteria 2 ar4d a can be met through prw,yect design, Specifically, sate access by n'eans of providing a Y ? Y: -turn {docket and approved dr"' 1 vw_way approach will be necessary. Item la for traf f l c comments, and Item '14 for fire comments i2 t Slnole-family residential uses are located to the northwest and Southwest of the project site. 1 hese adjoining residences may be a-egative'ly impacted if both parcels develop with commercial uses• impacts to neighbors include Increased traffic, noise, glare rind general activity generated by the project. 13, Since the,development.plans are not known for this property, traffic estimates nled to be made from the range of uses permitted in the C-2 zoo l ng d i st,r' i ct. After excluding those uses which have a high water demand (restaurants, fast-food estab Il shments, health c l i n `i cs and, hotels), permitted uses are estimated to genorate betweon 417 and 1,573 veh5'lcle trips per day. A typical office would generate 417 trips, while a shopping area would generate 1500 trips per day. The state Highway Patrol has expressed a concern with the traffic which may be generated by the project. They request that traffic circulation patterns be studied and evaluated in conjunction with any future development )n the property. They note that the corridor is ! eav i I y trave 1 cad and at ti mes congested i stkl 0 f f --street park .I no w I 1 I need to be provi ded at a rat 16 of one ..race per, 200 square feet for Teta l 1 - Uses and :one space per, 3U0; square feet for professional offices Cather parking standards are found in $utt e County Code: Section 24-85. 1.5c 1 f. Additional tra,Ffic_ generated by this property onto the Highway 2 corridor could generate significant traffic safety problems. At tk-.e very minimum, the aprIlcant should consider the (vistal1ation of a c:orzm. on driveway, left-tut^n pocket or 10fb-turn lane and approved driveway approach. Specific conditions of approval will ba at: the discretion of Cal Trans, tgllich has ,jurisdiction over the State Highway. ifthe State identifies 'a need for other Improvements o"tr traffic signals `through the cor'rldor, the applicant sha11 contribute a pro rata share 1'4a= Pire protection is provided by the C6111i'ornia Department of Por -entry. they do not now operate a station west of the rallroad tracks . Pedera i ou i dd I l'nes a I I ow a 'tr e i n to b 1 eick an i nbersectI on I "n excess of 15 mi mutes: However, a stondar'd structure can be engulfed ,, h as few a5 8 m t mutes : The lack of fire protect: i on in the West Chico Area is seyere. in order to adds-es.s this problems Or has requested pro rata contribution from all deveioptrs located west of The Espl anade. Prov i sl on of commi.in I t Y water and hydraints would also serve to offset fire -related i ta,pacts. v8- i 4bl, e: Development and occuponay Of this property will resu I t In i Tvf--r P-Osed calls f or Po I I ce - pro ct I on and demands for road Maimteriarlize. Because this property Is within the urban area, albolt orj its; fringes, this impact is riot Considered sianifIcant. 14f-- Construction w! 1 1 be subject to school improvement fees. I 6d Individual Septic sYsteMs have been proposed to serve deive]OPMent on these lots. Use of septic systems -sill be subject to the approval of the Environmental Health Departmeit and the requirements of the Niti-Ste Action Plan. Sew,,age Will be lliAted to 1,000 gallons per acre per day. High-water land uses *W111 not be permitted on septic tanks under the Nitrate Action Plan. Uses Which may be considered Include retail and general offices. 17b: The Regional Water Quality Control Board has tested Hells In the area and 'Found them to be contaminated with nitrates. By not extending California Water Service Company lines, futur-e tenants and occupants of the property will be exposed to Potential health hazards. 20a: A records search will be required from, Chico State University to determiner k.iebher or not an archaeological survey should be Prepared. The applicant should contact the UnIvet7.sItY directly at the address Included in the cover- letter arid request that a copy of the results ba sent to the County Planning Department. 11. MANDATORY F zN I a There is a potential IMPact to archaeolooldal resources. A records search will be required to determine whether or not a survey shall be pre -pared. r Applicant: Jere Bolster Assessor'r= Farce( # 42-14-13,114 Log # 87-03-13-02 File No. 87--38A and B DATA SHEET A- Project Descr i of i on 1., Type of Prc-'^^*" ^eneral Plan Amendment and Rezone. 2. Brief Desc;~iption: General Plan Amendment from Medium Density Residential to Commerclal on 2 acres and Rezone from S-R (Suburban-Residential ) to C-,2(General Commercial ) on 1.06 acre. S. Location: On the southwest Side of Highway 32 approximatalY 20`0 feet north of Oak Way, Chl ro. 4. Proposed D(:nsity of Development: Urban. 5. Amount of ]rpervlougs Surfacing: Low percentages. 6. Access and learest Public Road(s) FrontaQ'e on Highway 32. 7_ Method of Sewage Dispoaal: Septic tank proposed. 8« Source of Wager Supply. C'aliforn a Water Service Company ('� 9 Proximity of Power L'1nes On site. 10. Potential for further land divisions and development: Extensive. Q. ny'rocilental Settins Physical_FnvirQnments 1 Terrain a. General Topographic Character: Level valley land. c. Elevation-2Appr" oximatc,ly 173 feat above Sia Level. d. L i m i t I ng IFr�ctors s Ncsne 2 Solis a Typos and Characteristics: Farwell Loam, 1-3 feet, granular, friable, ret«aIns moisture AeIl, subso11 to 6 feet, level and smootrn surface, good surface and subsurface drainage well suited to agricUlture. u, Limitln9 Factors None. 3. .Natural Hazards of the Lind a. Earthquake Zone Moderate b. Eroslon Obtentiala Slight c. Landsllde potent, ial'= None: dr, Fire Hazard: Unclasstified e. Expansive Soil Potential Modorate 4. Hydrology a:. Surface Water: None In Immediate vlclnity b Groundwater: Area of heavy groundwater withdrawalo n i trate concern c. llrainage Characteristics' Outside of urban drainage district: -10- d. Annual Rainfall (normal): e. Limiting 'Factors: Lack of drainage, 5. Visual/Scenic Quality:Urban 6. Acoustic Quality: Poor. /,. A'i,- Quality: Fair to poor. g- Vegetation: Urban ornamentals on AP -12-14-73, old orchard on AP 42-14-114. g= Wildlife Habitats Limited by deVOI Opment in area. rnnmen 10. Archaeolo lcal and Historica'l Resources in the area: 9 search required. Rocords 1l. Butte Count General Plan desi natlon- Y g Medium Density - Residential, 12. Exlsting Zoning: C-2, S --R. 13. Existing Land Use on-site: ne parcel developed with single- familyOresidence.��acant, one parcel 1.4. Surrounding Area: 19. Land Usas: North: Northeast:commercia1. Fest:residential ar :., residentiai Commerci'al. South vcait -rd , b. Zoning: C-2, S_R, M~?... C. Cen. Plan designations: Mbdi Commercial, Low Density Resld:umDensity Residential; d PParcel Sizes: 6,500 sq. ft. en i1C acres. Po e, pui.atlon: Medium de►isitles. 15. Character, of Site and Area: Urbanized corridor along Highway 32. 16' Nearest Urban Area: Chico. i 7,; Relevant Sphere:, of In f 1 uenre CSA #32�} y C # City o 18. Improvements required.. Standards Urban Area: Full improvementsc+ f Chic 19 - Fire Protection 'aery i ce a. southst#'421, n3+ ms�eseeastrQ Statle 'on4440 3-1/2 miles b. bJater Av ilabiiity: 2p Schools Engine capaci'tYt hYdrants. I'd Area: Chico Unified School District j GEORGE DEuKMEjIAH,' Govimor _.gl,4TE OF CMfF0Pj41,k 55��884 PUBLIC lJT1LITIES COMMIS T. s . o ;,as var, ruffs *>yENUE a kir FPANCIS o', CA 44102 EIX,E, 183-4/EIR t� red 15, 1X387 Buffo Co.'Plnnning Comrm JUN '1987 i ptnvilloA Cvliorala Nlorma Wood "office of Planning & ,research aA04 Tenth Street, Room 12.1 Sacramento CA 95814 Dear Miss Woad: y f.e'rence s made to the pl`opased Negative Declaration coverinE �.he Commercial; 2rac dee Bolsterol�ter Gener al Plan. Amendment and Rezone t o r Cbjco, SCh #8;7051226. we., mote that 2 at -grade crossings, West Linda �r would Tie +?twfect"ed b c,Ii . 'A Wast $th Avenue (P -OX- C -185s 7); 'lopment in the vii-inity of Oak `Way and State Route .32. Since decif�p� p koWn nt this time; the staff cannot respond sp went lens are ur. numerous train operations through tally. However, because of the the area; any traffic analysis prepared in the future must evaluate traffic volumes, c'ongestio t and delays at these crossings. The accident Potential must 'also be reviewed and any impact found to be • � P � proper mitigation significant must be eliminated or reduc..d by p p zeasures Very truly yu'urs y ROBERT W. STICH, Supervisor Rail Projects Section R8i1./Tr,ansit Planning and Policy Branch, Transportation Division cc: Laura Tuttle Butte County 7 County Center Drive . broville, C95965S�• ��, 4�.. .I%✓' 1