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HomeMy WebLinkAboutGPA 07-0002a PROJECT SUMMARY SHEET* FILE NO.: GPA07-0002, GENERAL PLAN AMEND APN: 031-060-054 ZONING: AR -5 (Agricultural -Residential, five -acre parcels) GNL PLN: PQ APPLICANT: The Engineering Group PHONE: ADDRESS: 1250 East Ave., Suite 10 FAX: Chico, CA 95926 EMAIL: OWNER: TIDEWATCHERS, ASSOCIATE LP PHONE: ADDRESS: 630 RAVENNA TERR FAX: [Owner Fax] FREMONT, CA 94536 EMAIL: REPRESENTATIVE: <undefined value> PHONE: <undefined value> ADDRESS: <undefined value> FAX: <undefined value> <undefined value>, <undefined value> <undefined value> PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). The parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. LOCATED: TOWN/AREA: 1. Application accepted: 1/11/2007 Amount: $ 8194.50 Receipt No: P284 2. Assigned to: Chris Tolley 3. Continents sent to: Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commission, CDF, Building Manager 4. Date to Inter -Departmental Review Committee (IDR): 5. Date Status Letter sent to applicant: 6. Date scheduled for IDR: 2/7/07 7. Comments received from: 8. Rezone Petition Signatures Checked: 9. Mailing List/Lead-in Sheet: 10. Environmental Determination: Clearinghouse circulation required: Yes No Date Sent to SCH: State Clearinghouse No. Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish & Game: Enviroiunental Impact Report De Minimis: Gen. Rule Ex. — CEQA # Other 11 12 13 14 15 16 17 18 19 Staff Recommends: Approval Denial_ Notices Mailed: Neg Dec Hearing Newspaper Publication Date: Neg Dec Planning Commission Hearing(s): Action taken: Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Remanded to Planning Commission: Type approval/denial letter, send to applicant: N.O.E. / N.O.D. / APPENDIX G: Take file to Public Works: Number of Notices: Hearing O C P G B Ordinance No: Adopted: Fish & Game Fees Paid: Yes No rCC_i.F_F s L_ L4 Butte County�eDevelopment Services T OATDIRETOR TIM SNEINGDIRECTORPETE CA AR oo 7 County Center Drive o 0 0 0 Oroville, CA 95965 o o , 530 538-7601 Telephone n tp� t7 "OE�� oC (53 0) 538-7785 Facsimile yo a0 7-0001 DUN'S PROJECT INFORMATION Project # APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: Verney Chun 031-060-054 & 031-070-084 ADDRESS: STREET, CITY, STATE, & ZIP CODE TELEPHONE: 630 Ravenna Terrace, Freemont, CA 94536 ( 510 ) 739 - 0128 E-MAIL: FAX: vchun@comcast.net ( 510 ) 739 - 0128 OWNER'S NAME: TELEPHONE: Verney Chun (Tidewatchers Associate LP) ( 510 ) 468 - 7399 ADDRESS: STREET, CITY, STATE, & ZIP CODE: PROPERTY INFORMATION NAME OF PROPOSED PROJECT (if any) SITE SIZE (in square feet or acres) 30.1 Acres LOCATION OF PROJECT (major cross streets and address, if any) Cherokee Road, North of the Thermalito Power Canal ZONE GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE P -Q v A4 1 P 7'o A P, I Vacant Single Family Residential EXISTING STRUCTURES (square feet) PROPOSED STRUCTURES ( square feet) UNDER WILLIAMSON ACT CONTRACT N/A ❑ Yes No (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ® PROPERTY IS OR PROPOSED TO BE ON SEPTIC ® PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION TYPE ❑ ADMINISTRATIVE PERMIT ❑ TENTATIVE SUBDIVISION MAP ❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP ' ❑ USE PERMIT ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑ CERTIFICATE OF CORRECTION ❑ COMMUNICATIONS FACILITY UP/MUP ❑ REZONE ❑ VARIANCE ® GENERAL PLAN AMENDMENT ❑ MINOR VARIANCE h� 'F'r ❑ MINING AND RECLAMATION PLANA ❑ LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT ❑ CERTIFICATE OF MERGER ❑ OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) ¢ e A 44 OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of a thorization and include the affidavit with this application.) DATE: / C) 14 Ci � � SIGNATURE: /InJ T c AGENT AUTHORIZATION To Butte County, Department of Development Services: Tim Wood, The Engineering Group, Inc. (530) 899 - 0409 Print Name of Agent Phone Number 1250 East Avenue, Suite 10, Chico, CA 95926 Mailing Address is hereby authorized to process this application on my/our property, identified as Butte County Assessors Parcel Number(s) 031-060-054 & 031-070-084 This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document (s) relating to record title interest. Owner(s) of Record (sign and print name) Verney Chun Print Name (` Signature Quinlin Chun Print Name Signature Print Name of Applicant (if other than owner) Sherwin S. Chun Print Nam Si Kerwin Chun Print Name Si Signature of Applicant (tf other than owner) Timothy C. Wood (530) 899 - 0409 Print Name of California Civil Engineer/Land Surveyor Phone Number 1250 East Avenue, Suite 10, Chico CA 95926 timwood@theengineeringgroup.us Mailing Address Email Address n ti 1TTF i A• Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile APPLICATIONS FOR REZONE ANI)/OR GENERAL PLAN AMENDMENT Applicant Name: Verney Chun Check All That Apply M REZONE I, -,A Cl/ e-7c9O- � . Project Number: 0 GENERAL PIAN AMENDMENT (GPA) General Plan Amendments may only be heard four times a year. APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Planner,, - 1 1. El 0'" ^ A completed, signed Project Information Form. "=.' t ? `' 2. 0 A complete Project Setting Description (instructions attached). 3. ® 13, If the application is signed by an agent for the owner, an agent authorization form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 4. © A signed agreement for Butte County Archaeological Resources Project Review by the Northeast Information Center (NEIC) accompanied by its required topographic map and a check in the amount of $60.00 made out to "NEIL". Alternatively, you may submit proof of a previous Archaeological Resources Project Review. 5. El Elk""Payment of the currently required application fees and/or deposits. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at: http://www.buttecouiity.iiet/dds/Plaiu;ina/ Additional fees for publication notices will be required. Application fees are non-refundable.y(,-, Applicant's Initials 6. 0 creation document for the project parcel and evidence of current property ownership. 0 • El 0/111f 7. the Rezone/GPA involves more than one parcel, a petition signed by a minimum of 60% of the owners of the parcels affected, must be submitted. (Same Owner) 8. © SITE PLAN: Thirty (30) copies of a detailed site plan drawn to standard engineering scale (e.g., 1" = 20'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on uniform size sheets no less than 18" X 26", folded to 8 %2" x I V. Include one copy of the map on an 11"x17" sheet. In addition, a digital copy of the map and aerial photographs are encouraged. The detailed map must include: a. ❑X Ei Name and business address of the applicant, engineer and/or person who prepared the map. b El Assessor Parcel Number(s); street address (if available); and/or Township, Range E and Section numbers. Property lines, lot dimensions and any applicable easements of record or proposed. C. City and special district boundaries (if applicable), existing and proposed general d. Q El plan and zoning designations for the property and surrounding properties within 300 feet. Dimensioned locations of existing and proposed public and private improvements e ® on the property (including, but not limited to, buildings, roads, driveways, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, storm drainage systems and street lights.) Location of all water features including, but not limited to, natural and human -made f 0 drainage courses, irrigation canals, ponds, creeks, sloughs; topographic features including, but not limited to, buttes, slopes > 30%, rock out-croppings; and existing vegetation, such as oak trees greater than 5" in diameter and agricultural crops. Distances between any significant natural and constructed features of the property, Mv g. Lij such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, and their relationship to the property lines. h E] For vacant or substantially undeveloped land, show contours at an appropriate vertical scale. 1' a El Vicinity map indicating the location of the land in relation to the nearest major roads and/or significant topographic features in the surrounding area or region. jEl ElIndicate scale and include a north arrow oriented to the top of the sheet. k E] All plans must be clear and legible. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Additional fees may be collected for the California Department of Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at (530) 538- 7601 if you have any questions about these requirements. 0 Signature: Applicant/Representative Signature: 6�,, / Planner Receiving Application 0 Date: /0 130'lCb Date: U 69� K:\Planning\FORMS\APPLICATIONS\RezoneAndOrGenPluLAmend.doc Revised 07/26/06 0 Butte County Department of (Development Services TIM SNELLINGS, DIRECTOR 1 PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile • APPLICATIONS FOR REZONE AND/®R GENERAL PLAIT AMENDMENT Applicant Name: Verney Chun ProjectNumber: Check All That Apply 0 REzoNE 0 GENERAL PLAN AMENDMENT (GPA) General Plan Amendments may only be heard four times a year. APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accented. Include this checklist along with your submittal. Applicant Planner 1. 0 ❑ A completed, signed Project Information Form. 2. 0 ❑ A complete Project Setting Description (instructions attached). 3. 0 ❑ If the application is signed by an agent for the owner, an agent authorization form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 4. 0 ❑ A signed agreement for Butte County Archaeological Resources Project Review by the Northeast Information Center (NEIC) accompanied by its required topographic map and a check in the amount of $60.00 made out to "NEIL". Alternatively, you may submit proof of a previous Archaeological Resources Project Review. 5. U ❑ Payment of the currently required application fees and/or deposits. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at: iittp://Vv VvdJ buttecouilty.11et/dds/1 lai;i,iiig/ Additional fees for publication notices will be required. Application fees are non-refundable. \fC� Applicants Initials 6. ❑ A creation document for the project parcel and evidence of current property ownership. 7. 8. • • 0 ❑ If the Rezone/GPA involves more than one parcel, a petition signed by a minimum of 60% . of the owners of the parcels affected, must be submitted. (Same Owner) 0 ❑ SITE PLAN: Thirty (30) copies of a detailed site plan drawn to standard engineering scale (e.g., 1" = 20'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on uniform size sheets no less than 18" X 26", folded to 8 ''/2" x I V. Include one copy of the map on an 11"xl7" sheet. In addition, a digital copy of the map and aerial photographs are encouraged. The detailed map must include: Name and business address of the applicant, engineer and/or person who prepared a' 0 ❑ the map. b 0 ❑ Assessor Parcel Number(s); street address (if available); and/or Township, Range and Section numbers. C. ❑ ❑ Property lines, lot dimensions and any applicable easements of record or proposed. City and special district boundaries (if applicable), existing and proposed general d. 0 ❑ plan and zoning designations for the property and surrounding properties within 300 feet. Dimensioned locations of existing and proposed public and private improvements e ® ❑ on the property (including, but not limited to, buildings, roads, driveways, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, storm drainage systems and street lights.) Location of all water features including, but not limited to, natural and human -made f 0 ❑ drainage courses, irrigation canals, ponds, creeks, sloughs; topographic features including, but not limited to, buttes, slopes > 30%, rock out-croppings; and existing vegetation, such asoak trees greater than5" in diameter and agricultural crops. Distances between any significant natural and constructed features of the property, g. X❑ ❑ such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, and their relationship to the property lines. h ❑ ❑ For vacant or substantially undeveloped land, show contours at an appropriate vertical scale. Vicinity map indicating the location of the land in relation to the nearest major 1' M\_ ❑ roads and/or significant topographic features in the surrounding area or region. j ❑ ❑ Indicate scale and include a north arrow oriented to the top of the sheet. k ® ❑ All plans must be clear and legible. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Additional fees may be collected for the California Department of Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at (530) 538- 7601 if you have any questions about these requirements. 0 1 l � Signature: Applicant/Representative Signature: Planner Receiving Application 9 Date: /G 130 I Date: K:\PlanninglFORMS\APPLICATIONS\RezoneAndOrGenPlanAmend.doc Revised 07/26/06 T. STATE OF CA.. V-56831 p0•� i :'I WATER RESOURCES 100p �5. V D. 031-030-056 a = s a9•o�a �1g >A - MARTIN 5204.E---�� 8.81'. AC z:P—Q ti`NOT AGP:P BLOOM PART STATE OF CA. WATER RESOURCI 031-030-057 16.61 AC Z: UNLISTED GP: UNLISTED Z N\ � 031-070-002 9.18 AC XXg Z: AR -1 l GP: AR �000gos, C 49 USEABLE AREA t , / FOR LEACH— FlELD . STATE OF CALIFOR \ .031-070-083 \ 11.51 AC \ Z: P -Q GP: P \ ACC6S mop TIGHT 100' LFSB — t�C� C S- \ FRoFOSED WELL l0000p 145.36' N 30'19106' E CA. WATER SERVIC CO. 31-070-07 3.36 AC Z: P -Q / GP: P - NOTE: MIN. 60' ROW REQUIRED s' 1. 1. 5. -27 -2% TYPICAL CROSS SECTION MINOR COLLECTORS & LOCAL ACCESS RS -3 TYPE B NTS PACIFIC-RA\LROAO-- - `l ..r L=807.39' X37.05'13.00' ��R=1247.34; — asos3• • \ -� F ? N 733 ` 1 TA7�% OF 1 CALIFORNIA 3.55 AC Z: P -Q GP: P ICA. 1NATER SERVICE CO. - 31-060-006 4x101• . 7.02 AC —LEACH UNE Z: Q -P i N OF ANAL .�2 i STATE OF CALIFORNIA 031-070-065 21.37 AC Z: P -Q I j \ GP: P STATE OF CA. WATER RESOURCES ' \ 031-070-080 \ ' 41.23 AC \ Z: P -Q GP: P I VICINITY MAP NTS NOTES: 1. EXISTING ZONING: P—Q (PUBLIC/ QUAD PUBLIC) PROPOSED ZONING: R1 (LOW DENSITY RESIDENTIAL) 2. EXISTING GENERAL PLAN: P (PUBLIC/QUASI—PUBLIC) PROPOSED GENERAL PLAN: LOW DENSITY RESIDENTIAL 3. EXISTING USE: VACANT PROPOSED USE: SINGLE FAMILY RESIDENTIAL 4. USE BUTTE COUNTY STANDARD RS -3 TYPE A FOR CHEROKEE ROAD REZONE / GENERAL PLAN AMENDMENT SITE PLAN WITHIN SECTION 5 OF TOWNSHIP 19 NORTH, RANGE 4 EAST, M.D.B.&M., j BUTTE COUNTY, CALIFORNIA. P T prwe�d rylo_� ASSESSOR'S PARCEL NUMBERS 031-060-054 & 031-070-084 AREA: 30.1 AC FOROWNER VERNEY CHUN 630 RAVENNA TERRACE FREMONT, CA 94536 sr THE ENGINEERING GROUP, INC. TDAOTHY C. WOOD, R.C.E. 61774 1250 EAST AVE. SUITE 10 CI IICO, CA 95,926 PH: (530) 899-0409 FAX: (530) 899-0943 . norma ximp 7ML CL.iL't'T' I !III t LEGEND I BOUNDARY LINE CENTER. LINE ADJACNET PROPERTY LINES — SCALE: CITY LIMIT LINE CITY PROPERTIES 1°=200' ASSESSOR'S PARCEL NUMBER (APN) o31-oso-osa GENERAL PLAN GP ZONING Z T. STATE OF CA.. V-56831 p0•� i :'I WATER RESOURCES 100p �5. V D. 031-030-056 a = s a9•o�a �1g >A - MARTIN 5204.E---�� 8.81'. AC z:P—Q ti`NOT AGP:P BLOOM PART STATE OF CA. WATER RESOURCI 031-030-057 16.61 AC Z: UNLISTED GP: UNLISTED Z N\ � 031-070-002 9.18 AC XXg Z: AR -1 l GP: AR �000gos, C 49 USEABLE AREA t , / FOR LEACH— FlELD . STATE OF CALIFOR \ .031-070-083 \ 11.51 AC \ Z: P -Q GP: P \ ACC6S mop TIGHT 100' LFSB — t�C� C S- \ FRoFOSED WELL l0000p 145.36' N 30'19106' E CA. WATER SERVIC CO. 31-070-07 3.36 AC Z: P -Q / GP: P - NOTE: MIN. 60' ROW REQUIRED s' 1. 1. 5. -27 -2% TYPICAL CROSS SECTION MINOR COLLECTORS & LOCAL ACCESS RS -3 TYPE B NTS PACIFIC-RA\LROAO-- - `l ..r L=807.39' X37.05'13.00' ��R=1247.34; — asos3• • \ -� F ? N 733 ` 1 TA7�% OF 1 CALIFORNIA 3.55 AC Z: P -Q GP: P ICA. 1NATER SERVICE CO. - 31-060-006 4x101• . 7.02 AC —LEACH UNE Z: Q -P i N OF ANAL .�2 i STATE OF CALIFORNIA 031-070-065 21.37 AC Z: P -Q I j \ GP: P STATE OF CA. WATER RESOURCES ' \ 031-070-080 \ ' 41.23 AC \ Z: P -Q GP: P I VICINITY MAP NTS NOTES: 1. EXISTING ZONING: P—Q (PUBLIC/ QUAD PUBLIC) PROPOSED ZONING: R1 (LOW DENSITY RESIDENTIAL) 2. EXISTING GENERAL PLAN: P (PUBLIC/QUASI—PUBLIC) PROPOSED GENERAL PLAN: LOW DENSITY RESIDENTIAL 3. EXISTING USE: VACANT PROPOSED USE: SINGLE FAMILY RESIDENTIAL 4. USE BUTTE COUNTY STANDARD RS -3 TYPE A FOR CHEROKEE ROAD REZONE / GENERAL PLAN AMENDMENT SITE PLAN WITHIN SECTION 5 OF TOWNSHIP 19 NORTH, RANGE 4 EAST, M.D.B.&M., j BUTTE COUNTY, CALIFORNIA. P T prwe�d rylo_� ASSESSOR'S PARCEL NUMBERS 031-060-054 & 031-070-084 AREA: 30.1 AC FOROWNER VERNEY CHUN 630 RAVENNA TERRACE FREMONT, CA 94536 sr THE ENGINEERING GROUP, INC. TDAOTHY C. WOOD, R.C.E. 61774 1250 EAST AVE. SUITE 10 CI IICO, CA 95,926 PH: (530) 899-0409 FAX: (530) 899-0943 . norma ximp 7ML CL.iL't'T' I !III t b BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — October 9, 2008 Applicant: Verney Chun (Tidewatchers, Location: On the west side of Cherokee Associate LP) Road lying between Owner Same Cherokee Road and the Union Pacific Rail Road tracks (Section 5, T19N, R04E). File #: GPA07-0002 and REZ07- Parcel Size: Two parcels containing a 0001 total of 30.1± acres. Request: General Plan Amendment from Supervisor 1 P (Public) to AR (Agricultural District: Residential) and a Rezone from PQ (Public Quasi -Public) to Planner: Carl Durling AR -5 (Agricultural Residential Associate Planner 5 -acre Minimum) on a 30.1± acre property in two parcels. G.P.: P (Public) Attachments: Zoning: PQ (Public Quasi -Public) A: Resolution _-_ with DRAFT Conditional Zoning Agreement B: General Plan/Zoning Map Zone Date: February 28, 1984 C: First Initial Study/Negative Declaration for A-5 zone D: Revised Initial Study forA- 20 zone APN: 031-060-054 & 031-070-084 E: Project/Site plans EXECUTIVE SUMMARY: This project is a request for a General Plan Amendment from P (Public) to AR (Agricultural Residential) and a Rezone from PQ (Public Quasi -Public) to AR -5 (Agricultural Residential 5 -acre Minimum) on a 30.1± acre property encompassing two parcels. With this general plan amendment and rezone to A-5, and upon approval of a subsequent subdivision map, the project site, as proposed, could be divided into six parcels for single family residential use, contingent upon useable septic area being demonstrated for each parcel. The Environmental Health Department has determined that soil limitations would only allow one single family dwelling unless public sewer is available. Therefore, conditional consistency findings for lots less than twenty acres ■ Butte County Department of Development Services ■ ■ October 9, 2008 Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 1 of 11■ 1 within the AR designation as necessary to approve the project —including "evidence of adequate water and sewage disposal capacity" —cannot be made. Staff recommends that the Planning Commission adopt the attached Resolution recommending approval of the General Plan Amendment to AR, and a rezone to AR -20 (Agricultural Residential 20 -acre minimum) to the Board of Supervisors, The Initial Study has been modified to reflect a staff recommendation of AR -20 zoning and concludes that the proposed project would not have a significant effect on the environment; a Negative Declaration is recommended SITE CHARACTERISTICS: The project site is located on the west side of Cherokee Road north of the Thermalito Power Canal (TPC) and abutting the Union Pacific Railroad line (UPRR). The area is known as Thompson Flat. The entire property was used to store the dirt generated by the digging of the TPC and the UPRR rail line. A portion of the City of Oroville boundary extends north along the east side of Cherokee Road across the TPC to within a few feet of the southeast corner of the property. The easterly portion of the property is bisected by the Lower Miocene Canal. The canal crosses Cherokee Road and provides water to the California Water Service Company (CWSC) holding pond which serves water to the City of Oroville. The undeveloped site, purchased from the State Department of Water Resources on January 11, 2006, has gentle topography, with a slope of approximately 1%. The property forms a 15 foot high bench which parallels with, and is setback 25 feet from, Cherokee Road. South Table Mountain is in clear view from the property. The elevation of the property is approximately 325 feet above sea level. Vegetation on the site includes scattered shrubs and scrub trees and grasses. No natural drainages occur on the site. The project site is not within a 100 -year flood zone, an earthquake zone, or an airport over flight zone. The property is not within the Sphere of Influence of the City of Oroville. Surrounding Land Uses include: Direction General Plan Designation Zonin Existing Land Ple s North Grazing and Open Land/Public FR -40 and P UPRR, vacant public lands, one residence South Public P -Q State Lands and TPC East Public P -Q State Lands West Public P -Q State Lands and UPRR below grade ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ 2 ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 2 of 11 ■ PROJECT DESCRIPTION This project is a request for a change in the General Plan from P (Public) to AR (Agricultural - Residential) and a rezone from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential 5 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone, and upon approval of a subsequent subdivision map, the project site could be divided into six parcels for single family residential use, contingent upon useable septic area being demonstrated for each parcel. ANALYSIS Under the current General Plan and Zoning, the project site could be developed with the following permitted uses: • Public Schools, • Public Parks, • Public Playgrounds, • Publicly owned buildings and land, • Public recreational uses, and • Public hospitals, With this General Plan Amendment and Rezone, the project site could be developed with the following permitted uses. • Single Family dwelling, • Small family day care facility, • Accessory uses normally associated with a single family home, • Guest house, • Permanent second dwelling with property owner living in one of the dwellings, and • Agricultural uses. In comparing the above permitted use groups, it is clear that there is a substantial reduction in the potential intensity and scope of development. The Environmental Health Department reviewed the proposed General Plan Amendment and change in zoning. It conducted soil profiles on the property and determined that there is only enough usable sewage disposal area for one single-family dwelling with a septic system. Public sewer is not currently available to the site. The nearest sewer line belongs to the City of Oroville and is located on the southerly end of the Cherokee Road bridge over the TPC. The City has indicted that projects must be in the City to obtain sewer. The AR General Plan designation allows for lots less than twenty acres in size (only) when five conditional consistency findings can be made, including "evidence of adequate water and sewage disposal capacity", asnoted below. Since evidence of adequate sewage disposal capacity has not ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ 3 ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 3 of 11 In been identified, staff is recommending an A-20 zone be applied to. the project. In order to allow for only one single-family dwelling on two legal parcels, a conditional zoning agreement is also proposed for the project. See Attachment A. The current General Plan and zoning does not permit single family dwellings, but does permit significant Public uses as noted above. The land was sold from DWR into private ownership; therefore, the Public designation no longer appears appropriate. The staff -recommended change in the General Plan and zoning to AR -20 would allow one single-family dwelling, which Environmental Health has determined is appropriate on the property and as desired by the private property owner. The AR -20 zone is consistent zone under the proposed General Plan designation of AR (Agricultural Residential). The property could be rezoned to AR -5, as requested, if public sewer is provided. Alternatively, annexation to the City of Oroville would be accompanied by City of Oroville pre -zoning or zoning which would supersede County land use designations. CONDITIONAL CONSISTENCY FINDINGS The AR General Plan designation allows for lots less than twenty acres in size when five conditional consistency findings can be made, including "evidence of adequate water and sewage disposal capacity", as noted below. 1. Compatible with neighboring agricultural activities The project site is not located in an intensive commercial agricultural area. No commercial agricultural uses are established on any of the surrounding parcels. The only agricultural use in the project area is livestock grazing. None of the adjoining parcels on the south, east and west have a General Plan land use designation of Orchard and Field Crops or Grazing and Open Land. However, a parcel situated north across the 250 foot wide NPRR line is designated as GOL (Grazing and Open Land), and under a CLCA contract. The Butte County Agricultural Commissioner's Office commented that this project would not have any significant impacts to agricultural operations if future development of the property adheres to the 300 foot agricultural setback, consistent with Butte County Code Section 24-286. The project is not expected to create any impacts to agricultural activities. 2. Evidence of adequate water and sewage disposal capacity. Domestic water is proposed to be obtained from individual wells. Usable sewage disposal areas as required by Appendix VII of the Butte County Subdivision Ordinance have not been proved to exist on the proposed parcels. The soils on the project site may not be adequate to support on-site sewage disposal systems on jive acre parcels. Without useable septic areas to service the future lots, Butte County Code would not allow the subdivision, and development would be limited to the one existing parcel. 3. Availability of adequate fire protection facilities. ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ 4 ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 4 of 11 ■ The nearest staffed fire station is Station # 63 (CDF staffed) located approximately 1.8 miles to the west at Neal Road and County Center Drive. All new dwellings placed on the project site would be required to have interior fire sprinkler systems to help reduce impacts to fire protection services. 4. Adequately maintained approved road access with sufficient capacity to service area. The project site fronts on Cherokee Road, which is a public road. Cherokee Road along the project site is of adequate width to provide for two-way traffic. Cherokee Road is a through road, and connects to Table Mountain Road to the south (in the City of Oroville). A future parcel map on the project site that would create six 5+ acre parcels has the potential to create approximately 24 vehicle trips per day, although it is expected the actual number of vehicle trips would be less due to the rural location of the project site. 5. Reasonable accessibility to commercial services and schools. A K-8 school is located in the community of Thermalito, approximately two miles to the west of the project site. High schools are located in Oroville within approximately 2 miles to the south of the project site. School bus service is provided to these schools. Full service general stores are located in the City of Oroville. Conditional consistency findings are not required for the A-20 zoning designation recommended by staff. LOCAL AGENCY REVIEW Comments/conditions received from Butte County Departments and other Agencies were reviewed and evaluated. The Environmental Health Department states that they conducted soil profiles on this property and that there is only enough sewage disposal area for one single-family dwelling. ENVIRONMENTAL REVIEW: The revised initial study and draft negative declaration, which is attached to this agenda report, finds that there are no identified significant environmental impacts. This determination is made in light of the reduction in scope of permitted uses, the.change in the requested zoning of AR -5 to a staff -recommended rezone of AR -20, and the ability to apply setback restrictions to building permit site plans. The initial study/negative declaration was sent to the Governor's Office of Planning and Research, State Clearinghouse (SCH#: 2008092026), for a 30 -day review period. Modifications have been made to this document after circulation to the State Clearinghouse. The modifications reflect a change in the proposed zoning of AR -5 to a recommended zoning of AR -20. The recommended zoning is consistent with the recommended General Plan designation of AR (Agricultural Residential 20 -acre minimum). Notices regarding the 30 -day review period were mailed to landowners near the project site, and a notice was placed in the Oroville Mercury Register. ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ 5 ■ VerneyChun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 5 of 1 I LOCATION MAP ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 6 of 11 ■ Thermalito Power Canal •s�-: -- sal a r„'„ , M'S� }eY+�{�• t�a�'�� �� E"g1��,`b`F� * , � - � ,gg� y .... :_'L+a MRS � r� •RST""^ �Y ,, �v����rY �-�'�'{+' 4E. �5 � "�'� y� '1"Aa` �f '2� 4'~24.. ����di �•'•�� � �i �� �t� - �x s k v iia 4 SEu ��"`�.;.�..- ' t ..:. ��,t mom.... �`�`.... 9l.?.�i'� �m�tb�, i�i��$f���� at. �4,�� •'�'-;:'�3��?�+`�.�. F 'i�i•".�.r._`��:..`%�.�sr. . '.,.`_"-"�.r. �.•�a �'�{�•• ARIAL VIEW OF PROPERTY " ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ p : - ' e Vemey Chun (Tidewatcheis) GPA07-0002 & REZ07-0001 ■ Page 7'0f 41 zits 7. STATE Cf 04E OF M70 -11I r M. ST -TE rf 4 S-- Uh-U7M! LKA fr. :P sT:.TE OF -,_,4JFC6�4" !T 7Z r r4LArY.%jJ%, IT, Ilk -,TzTE IF r;.. VI -M! r;EV;-JXrE-? k 21 - SITE PLAN m Butte County Department of Development Services a mOctober 9, 2008, Planning Commission Agenda Report m m Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 w Page 8 of I 1 m RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT GPA 07-0002 TO AGRICULTURAL RESIDENTIAL AND REZONE REZ07-0001 TO AGRICULTURAL RESIDENTIAL, 20 -ACRE MINIMUM WHEREAS, the Planning Commission has considered GPA07-0002 and REZ07-0001 for Verney Chun (Tidewatchers, Associate LP), in accordance with Chapter 24, Section 30 (General Plan) and Section 25 (Zoning); of the Butte County Code on Assessor's Parcel Number 031-060- 054 and 031-070-084; and WHEREAS, the Planning Commission has considered a Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said General Plan Amendment and Rezoning was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on October 9, 2008; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division including comment that adequate sewage disposal capacity is not available to support the density of development allowed within the AR -5 zone, as proposed. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the Board of Supervisors take the following actions: I. Adopt a Negative Declaration with the following findings: A. An Initial Study was completed and revised in compliance with the California Environmental Quality Act. Said study identified no significant environmental effects. B. The Planning Commission has considered the proposed Negative Declaration, together with the administrative record and comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the revised Initial Study and any comments received, there is no substantial evidence that the General Plan Amendments and Rezone for Verney Chun, namely General Plan Amendment, GPA07-0002 from P (Public) to AR (Agricultural Residential) and Rezone REZ07-0001 from PQ (Public Quasi -Public) to AR -20 (Agricultural Residential 20 -acre minimum) ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 9 of 11 ■ would have a significant effect on the environment. The custodian of the record is the Planning Division of the Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The proposed Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Find that the collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3). III. Approve General Plan Amendment, GPA07-0002 from P (Public) to AR (Agricultural Residential) and Rezone REZ07-0001 from PQ (Public Quasi -Public) to AR -20 (Agricultural Residential 20 -acre Minimum) for Verney Chun (Tidewatchers, Associate LP) based on the following findings: A. The current `Public' General Plan and zoning does not permit single- family dwellings, but does permit significant Public uses. The land was sold from the State Department of Water Resources info private ownership; therefore, the Public designation is no longer appropriate. B. The Environmental Health Department reviewed the proposed General Plan amendment and change in zoning. It conducted soil profiles on the property and determined that there is only enough usable sewage disposal area for one single-family dwelling with a septic system. Public sewer is not currently available to the site.. The nearest sewer line belongs to the City of Oroville and, the City has indicted that projects must be in the City to obtain sewer. C. The proposed change in the General Plan to AR and the staff - recommended change in zoning to AR -20 would allow one single-family dwelling, which Environmental Health has determined is appropriate on the property and is desired by the private property owner. D. The AR -20 zone is consistent zone under the proposed General Plan designation of AR (Agricultural Residential). IV. Enter into a Conditional Zoning Agreement, a draft of which is attached, limiting the development of the two subject parcels to one single-family dwelling until adequate sewage disposal can be achieved, consistent with regulations applicable at such time additional development is contemplated. DULY PASSED AND ADOPTED this 9th day of October, 2008, by the following vote: ■ Butte County Department of Development Services ■ 10 ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 10 of 11 ■ AYES: NOES: ABSENT: ABSTAIN: Harrel Wilson, Chairman Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California ■ Butte County Department of Development Services ■ 1 1 ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 11 of 11■ RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT GPA 07-0002 TO AGRICULTURAL RESIDENTIAL AND REZONE REZ07-0001 TO AGRICULTURAL RESIDENTIAL, 20 -ACRE MINIMUM WHEREAS, the Planning Commission has considered GPA07-0002 and REZ07-0001 for Verney Chun (Tidewatchers, Associate LP), in accordance with Chapter 24, .Section 30 (General Plan) and Section 25 (Zoning); of the Butte County Code on Assessor's Parcel Number 031-060- 054 and 031-070-084; and WHEREAS, the Planning Commission has considered a Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said General Plan Amendment and Rezoning was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on October 9, 2008; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division including comment that adequate sewage disposal capacity is not available to support the density of development allowed within the AR -5 zone, as proposed. . NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the Board of Supervisors take the following actions: I. Adopt a Negative Declaration with the following findings: A. An Initial Study was completed and revised in compliance with the California Environmental Quality Act. Said study identified no significant environmental effects. B. The Planning Commission has considered the proposed Negative Declaration, together with the administrative record and comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the revised Initial Study and any comments received, there is no substantial evidence that the General Plan Amendments and Rezone for Verney Chun, namely General Plan Amendment, GPA07-0002 from P (Public) to AR (Agricultural Residential) and Rezone REZ07-0001 from PQ (Public Quasi -Public) to AR -20 (Agricultural Residential 20 -acre minimum) ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 9 of 11 Is 12 would have a significant effect on the environment. The custodian of the record is the Planning Division of the Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The proposed Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Find that the collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3). III. Approve General Plan Amendment, GPA07-0002 from P (Public) to AR (Agricultural Residential) and Rezone REZ07-0001 from PQ (Public Quasi -Public) to AR -20 (Agricultural Residential 20 -acre Minimum) for Verney Chun (Tidewatchers, Associate LP) based on the following findings: A. The current `Public' General Plan and zoning does not permit single- family dwellings, but does permit significant Public uses. The land was sold from the State Department of Water Resources into private ownership; therefore, the Public designation is no longer appropriate. B. The Environmental Health Department reviewed the proposed General Plan amendment and change in zoning. It conducted soil profiles on the property and determined that there is only enough usable sewage disposal area for one single-family dwelling with a septic system. Public sewer is not currently available to the site. The nearest sewer line belongs to the City of Oroville and, the City has indicted that projects must be in the City to obtain sewer. C. The proposed change in the General Plan to AR and the staff - recommended change in zoning to AR -20 would allow one single-family dwelling, which Environmental Health has determined is appropriate on the property and is desired by the private property owner. D. The AR -20 zone is consistent zone under the proposed General Plan designation of AR (Agricultural Residential). IV. Enter into a Conditional Zoning Agreement, a draft of which is attached, limiting the development of the two subject parcels to one single-family dwelling until adequate sewage disposal can be achieved, consistent with regulations applicable at such time additional development is contemplated. DULY PASSED AND ADOPTED this 9th day of October, 2008, by the following vote: ■ Butte County Department of Development Services ■ 1 3 ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 10 of 11 ■ AYES: NOES: ABSENT: ABSTAIN: Harrel Wilson, Chairman Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California ■ Butte County Department of Development Services ■ 14 ■ October 9, 2008, Planning Commission Agenda Report ■ . vPn,Pv Chi n (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 11 of 11 Is County of Butte And When Recorded Return to Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA 95965 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this _ day of 5 , by and between Verney Chun (Tidewatchers, Associate LP), herein called "Owners", and the COUNTY OF BUTTE, a political subdivision of the State of. California, herein called "County' WITNESSETH. - WHEREAS, Owner is the owner of real property, herein called the "Property", situated in the County of Butte, APN 031-060-054 and 031-070-084, which Property is described as follows: All that certain real property situated.in the County of Butte, State of California, being more particularly described'asfollows: All that real property lying in . Section 5'. Township 19 North, Range .4 East;_. M.D.B.&MI County of Butte, State of California, said property lying Southerly of the North line of that: property described as PARCEL "C" in the Grant Deed recorded September 1, .1961, in Book 1136, Page 309, Official Records of said County; described as follows: BEGINNING at a point intersecting the West line of Section 5 and the Northerly line of said "PARCEL "C", from which the Southwest corner of Section 5 bears South 00'44'17" East 23.84.83 feet;: thence from said point of beginning along the West line of Section 5 South 00'44'17" East 104.57 feet; thence`'leaving said West line South 40°58'l 5" East 52.04 feet; thence: South 40'58'15" East 400.00 feet; thence North 49°01'45" East 125.42 feet to the Southerly boundary of a Director's Easement Deed, recorded August 23, 1977, in Book 2203, Page 456, Official Records of said County; thence along the Southerly boundary of said Easement South 65°28'45" East 821.28 feet to the Westerly right of way line of Cherokee Road; thence along said Westerly right of way the following 6 courses: North 35°53'05" East 225.32 feet; North 31°38'06" East 83.24 feet; North 30°19'06" East 145.36 feet; North 31'01'54" East 140.87 feet; North 36018'10" East 69.37 feet; 1 15 North 33°00'22" East 326.46 feet to the most Westerly corner of the Oroville Water Company, as described in the Grant Deed recorded July 25, 1898, in Book 50 of Deeds, at Page 560 of said County, said Westerly corner being monumented by a 3/4-inch iron pipe with plastic cap stamped "CALIF.D.W.R."; thence along the Westerly boundary of said Oroville Water Company property the following 2 courses: North 24°00'55" West 779.95 feet to a3/4-inch iron pipe; North 73°30'45" East 350.53 feet to a 3/4-inch iron pipe with a plastic cap stamped "CALIF. D.W.R."; thence leaving said Oroville Water Company property North 08'06'15" West 278.12 feet to the Northerly boundary of said PARCEL "C"; thence along said Northerly boundary the following 4 courses: along a curve to the left having a radius of 1247.34 feet through a central angle of 37°05'13", an arc distance of 807,39=feet; North 48°40'00" West 90.00 feet; South 41°20'00'.'.. West 699.62 feet; along a curve to the right, having a radius. of 1537:.34 feet, through'a, central angle of 21°08'31", and arc'�distance' of 567.27 feet to the point of beginning, containing, 'after making exception, 3 0. 10 acres, more or less. EXCEPTING THEREFROM: The parcel of land described in the Deed recorded April hl, 1895, n.Book 40 'of Deeds, Page 39. ALSO;:,. EXCEPTING THEREFROM: All geothermal resources and all minerals, oils, gases, and other hydrocarbons by whatsoever name known that'may be within or under the parcel of land hereinabove described without, nowever, the right to'drill, dig or mine though the surface thereof. Assessor's Parcel No:, 031-060-054 and 031-070-084 WHEREAS, the Property is now zoned PQ (Public Quasi-Public) and is designated as P(Public) by the Butte County General Plan; and WHEREAS, Owner has applied for General Plan Amendment from P (Public) to AR (Agricultural Residential) and a Rezone from PQ (Public Quasi-Public) to AR-20 (Agricultural Residential 20-acre minimum); and WHEREAS, public hearings have been held upon said application before the Board of Supervisors of the County of Butte, State of California, and after having considered the matter presented, the Board has determined that certain conditions to the zoning reclassification of said real property must be imposed so as not to create any problems inimical to the health, safety and the general welfare of the County of Butte. 2 16 NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that this Agreement establishes the conditional reclassification of Property to AR -20 (Agricultural Residential 20 -acre minimum) pursuant to Butte County Code Section 24-25.40 (c), between the property owner and County of Butte, subject to the following provisions: I. This Agreement is contingent upon and includes the following conditions: 1. Only one single family dwelling unit is permitted on either one of the two parcels, and excluding any second dwelling until such time as: a. The requirements of Appendix VII of the Butte County Code, Chapter 20, Subdivision Standards, , are met, or b. Requirements of Appendix VII have been•modified and the provisions of the revisedstandard are met, or, c. Public sewer is extended to the development. 2. Prior to the issuance of any. development permits, including and not limited to building permits, septic permits and well permits, a no .development zone of 50 feet shall be recorded paralleling the Miocene Canal. 3. Prior to the issuance of any development permits, including and not limited to biilding permits; -septic permits and well permits, a no development zone of 50 feet shall be recorded paralleling the Union Pacific Rail Road (UPRR) right-of-way. Said no development zone, to remain in effect until such time that the Williamson Act Contract and General Plan designation of GOL on the adjoining property north across the UPRR is change such that the current 300 foot setback no longer applies to the project property. ,II. In the' event Owner, any successor in interest of Owner, or any person in possession of the. Property, violates or fails to perform any of the conditions of this Agreement within thirty (30) days after notice thereof as provided in Paragraph III, the Board of Supervisors 'of County may instruct the County Counsel to institute legal proceedings to enforce the provisions of this Agreement. The Board of Supervisors of County may also initiate proceedings to rezone the property to the classification to which it is now zoned or any other suitable classification. III. Notice of violation of any of the provisions of this Agreement shall be sent to Owner or successor at the address of the then current owner as identified on the current tax roll. IV. In the event suit is brought by the County Counsel of County to enforce any of the provisions of this Agreement, Owner agrees to pay to County a reasonable sum to be fixed by the Court as attorney's fees. 17 V. Each and every one of the provisions of this Agreement herein contained shall run with the land and shall bind and inure to the benefit of the successors in interest of Owner and County, in the same manner as if they had been expressly named herein. VI. If this entire matter, including the Resolution amending the General Plan, or any finding, action or condition of this matter is appealed, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. , •_. Dated: Dated: [Attach Notary form] i By: ,{ Verney Chun (Tidewatchers, Associates LP), Owner `~ COUNTY OF: a political Y subdivision of ihe'State of California By: ; CURT JOSIASSEN, Chair Butte County Board of Supervisors 4 18 A GOL FR -40 Thompson Flat Rd AR O a Z� Vr on Flat AW BUTTE COUNTY PLANNING COMMISSION Applicant: Verney Chun (Tidewatchers Associates, LP) File/Project: GPA07-0002 & REZ07-0001 Owner: Same APN: 031-060-054 & 031-070-084 Hearing Date: October 9, 2008 Existing General Plan/Zone: P (Public)/PQ (Quasi -Public Request: Amend the General Plan from P (Public) to AR (Agricultural Residential) and Change the zoning from PQ (Public Quasi -Public) to AR -5 (Agricultural -Residential 5 -ac minimum) woe Supervisorial District #I 19 DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL. STUDY AND PROPOSED NEGATIVE DECLARATION FOR GPA07-0002 & REZ07-0001 (Verney Chun of Tidewatchers Associates) 20 COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR GPA07-0002 & REZ07-0001 (Verney Chun of Tidewatchers Associates) 1.0 PROJECT INFORMATION A. Applicant/Owner: Verney Chun of Tidewatchers Associates B. Staff Contact: Carl Durling (530) 538-7150 C. Proiect Name: N/A D. Proiect Location: On the west side of Cherokee Road lying between Cherokee Road and the Union Pacific Rail Road tracks E. Tyne of Application(s): General Plan change (P to A -R) and a Rezone (PQ to AR -5) F. Assessor's Parcel Number: 031-060-054 & 031-070-084 G. Proiect Site Size: 30.1 Acres H. Current Zoning: PQ (Public Quasi -Public 1. Proposed Zoning: AR -5 (Agricultural Residential 5 -Acre Minimum) J. General Plan Designation P (Public) K. Proposed General Plan Designation: AR (Agricultural Residential) L. Environmental Setting: The project site is located on the west side of Cherokee Road north of the Thermalito Power Canal (TPC) and abutting the Union Pacific Railroad line (UPRR). The area is known as Thompson Flat. Tire entire property was used to store the dirt generated by the digging of the Thermalito Power Canal and the UPRR rail line. A portion of the City of Oroville Corporation boundary extends north along the east side of Cherokee Road across the Thermalito Power Canal to within a few feet of the southeast corner of the property. The easterly portion of each parcel is bisected by the Lower Miocene Canal. The canal crosses Cherokee Road and provides water to the California Water Service Company (CWSC) holding pond which serves water, to the City of Oroville. The undeveloped site has gentle topography, with a slope of approximately 1%. The property forms a 15 foot bench paralleling, and setback 25 feet from, Cherokee Road. South Table Mountain is in clear view from the property. The elevation of the property is approximately 325 feet above sea level. Vegetation on the site includes scattered shrubs and scrub trees and grasses. No natural drainages occur on the site. The project site is not within a 100 -year flood zone, an earthquake zone, or an airport overflight zone. The property is not within the Sphere of Influence of the City of Oroville. An examination of properties within 2,500 feet of the project site finds that there are no projects that are either in the process of being, or anticipated to be, further subdivided. Therefore, cumulative projects have been determined not to be cumulatively considerable. M. Surrounding Land Uses: Land uses consist of large vacant parcels on the south, east and west owned either by the State of California or by CWSC. There is a cluster of homes on properties on either side of Cherokee Road near the UPRR overcrossing. The entire north side of the property is bounded by the 250 a Butte County Department of* Development Services n Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ® Page 1 of 32 21 foot wide, 30 to 80 foot deep, UPRR right-of-way North across the UPRR property is a vacant parcel under public ownership, and one private parcel with a single family dwelling. Direction General Plan Designation z2aing Existing Land Use(s) North Grazing and Open Land/Public FR -40 and P UPRR, vacant public lands, one SF South Public P -Q State Lands and Thermalito Canal East Public P -Q State Lands West Public P -Q State Lands and UPRR below grade N. Proiect Description: This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential 5 - acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone, and upon approval of a subsequent subdivision map, the project site could be divided into six parcels for single family residential use, contingent upon useable septic area being demonstrated for each parcel. Sewage disposal for future dwellings would be provided by individual, on-site, septic systems contingent on useable septic areas being demonstrated for each parcel. Domestic water would be provided by private wells. Access to the future parcels on the site would be from Cherokee Road, which is a public road. For the purposes of this initial study, the project is presumed to be composed of the General Plan Amendment and Rezoning, recognizing that a future subdivision could be proposed for up to 6 parcels, which would be subject to subsequent environmental analysis. O. Public Agency Approvals: Butte County Planning Division Butte County Building Division Butte County Fire Department/CDF Butte County Environmental Health Division Butte County Public Works Department 2.0 DE'TERMINA'TION IN I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [ ] 1 find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent A MITIGATED NEGATIVE. DECLARATION will be prepared. [ ] 1 find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL. IMPACT REPORT is required. [ ] 1 find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at Ieast one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL. IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed, n Butte County Department of Development Services ra o Initial Study— Verney Chun GPA07-0002 & REZ07-0001 ® Page Z of 32 22 [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. c oil sc-r.9g Prepared by- rl Du ling, Associate Planner Date Oji- a1? -0Y Reviewed by. Stacey a Principle Planner Date 3.0 POTENTIALLY SIGNIFICANT EFFECT'S CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. [ ] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [ ] 43 Air Quality [ ] 4.4 Biological Resources [ ] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [ ] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ J 4.10 Mineral Resources [ ] 4 11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ ] 4.17 Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project -specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or- less rless than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). m Butte County Department of Development Services ■ m Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 3 of 32 m 23 5) "Reviewed Under Previous Document." Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D) In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHRTIC/VISUAL RESOURCES: Would the Proposal: Potentially significant Less Than significant I,cssThan significant No Impact Reviewed Under Impnct with Impact Previous Mitigntion Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic X buildings within a state scenic highway? c. Substantially degrade the existing visual character or X quality of the site and its surroundings? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views X in the area? Impact Discussion: The project site is located on Cherokee Road, which is not designated as a State or County scenic highway (Butte County Scenic Highway Map). The south bluff of Table Mountain, considered a significant scenic view and is visible from the site. This project would not significantly impact views of Table Mountain by residents of subdivisions within the City located south across the Canal because project homes would be at approximately the same elevation. ra Butte County Department of Development Services m Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ra Page 4 of 32 24 The project site consists of undeveloped property and is predominantly grass land with scattered shrubs and scrub trees. The proposed general plan and rezone could ultimately result in six 5 -acre residential parcels. Future residential development on the site would introduce new visual elements, such as dwellings, accessory structures, and lighting, which would change existing off-site views, Homes would not be readily visible to the traveling public on Cherokee Road because of the 15 to 20 foot elevation difference of the property and road elevations. This is a less than significant impact. The future homes on the project site would have normal exterior household lighting. These lights are not expected to create any significant impacts due to the low density of the future project. Street lighting is not required. Residential development of the site would be consistent with surrounding and nearby parcels. No substantial conflicts with the established character or function of the surrounding community are anticipated. Construction of a typical residential project causes short-term visual consequences Grading operations and construction activities create a visual impact, and construction debris, rubbish and trash can accumulate on construction sites and are unsightly if visible from public streets The completion of the project improvements would eliminate the short-term visual impacts of the grading and construction operations. This is a less than significant impact. Mitigation Measure: None required 4.2 AGRICULTURE RESOURCES: Impact Discussion: In June 2007 the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency issued the Important Farmlands Map for Butte County identifying Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Grazing land. This map also identifies approximately 42% of the land in the County as either: Agricultural Land Not Yet Classified, Urban and Built-up Land, Other Land, and Water. This map is based on a soil survey completed in 2006 and 2004 farmlands mapping data. The above referenced map indicates the subject property as "Grazing Land". This designation is described as: Land on which the existing vegetation is suited to the grazing of livestock The minimrurt mapping unit is 40 acres. The mininnon mapping unit for Grazing Land is 40 acres. The project site is currently designated P (Public) by the Butte County General Plan and is zoned P -Q (Quasi Public). This land use designation would allow as permitted uses public facilities such as a public hospital, county facility, and public schools. The requested AR -5 zoning also permits agricultural uses as accessory uses to the main dwelling. Soils on the project site have a Soil Conservation Service classification of Excavated Material, which are not prime agricultural soils and have limitations that make them generally adequate only for livestock grazing. The property is covered with extensive grass land, and is not currently used for cultivated crop production or livestock grazing, nor does it appear to have ever been utilized for agricultural uses. None of the adjacent land on the east, a Butte County Department of Development Services e o Initial Study — Verney Chun GPA07-0002 & REZ07-0001 to Page 5 of'32 25 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significnnt Impact Under Impact with Impact Previous n'Iitigntion Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the X Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or X a Williamson Act Contract? c. Involve other changes in the existing environment which, due to their location or nature, could result in X conversion of Farnland, to non-agricultural use? Impact Discussion: In June 2007 the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency issued the Important Farmlands Map for Butte County identifying Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Grazing land. This map also identifies approximately 42% of the land in the County as either: Agricultural Land Not Yet Classified, Urban and Built-up Land, Other Land, and Water. This map is based on a soil survey completed in 2006 and 2004 farmlands mapping data. The above referenced map indicates the subject property as "Grazing Land". This designation is described as: Land on which the existing vegetation is suited to the grazing of livestock The minimrurt mapping unit is 40 acres. The mininnon mapping unit for Grazing Land is 40 acres. The project site is currently designated P (Public) by the Butte County General Plan and is zoned P -Q (Quasi Public). This land use designation would allow as permitted uses public facilities such as a public hospital, county facility, and public schools. The requested AR -5 zoning also permits agricultural uses as accessory uses to the main dwelling. Soils on the project site have a Soil Conservation Service classification of Excavated Material, which are not prime agricultural soils and have limitations that make them generally adequate only for livestock grazing. The property is covered with extensive grass land, and is not currently used for cultivated crop production or livestock grazing, nor does it appear to have ever been utilized for agricultural uses. None of the adjacent land on the east, a Butte County Department of Development Services e o Initial Study — Verney Chun GPA07-0002 & REZ07-0001 to Page 5 of'32 25 west and south is utilized for agriculture and the project site is not designated as Prime or Unique Farmland, or Farmland of Statewide Importance (California Resource Agency). One of the properties north across the 250 foot wide UPRR right-of-way is under a California Land Conservation Act agreement ("Williamson Act"). A 300 foot buffer is required. However, only 50 feet of this buffer actually encumbers the property along the UPRR. As a part of the processing of this project, comments were sought from the Butte County Agricultural Commissioner's office. The Agricultural Commissioner's office stated that the project would not have any impacts to agricultural lands or operations with enforcement of the buffer. The buffer is required by Butte County Code as part of any building permit for dwellings. The project would have no impact on agricultural resources. Mitigation Measure: None required. 4.3 AIR QUALITY: Would the proposal: Potentinily significant Less Ihan significant Less Than significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable air quality plan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality X violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient X air quality standard (including releasing emissions which exceed quantitative thresholds for ozoneprecursors)? d. Expose sensitive receptors to substantial pollutant concentrations? X e. Create objectionable odors affecting a substantial number of people? X Impact Discussion: Both the California Air- Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "nonattainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone and fine particulate matter (PM). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. Butte County and the project site are within the NSVAB. The region's air pollution management is guided by the Basin's 2003 Air Quality Attainment Plan and includes a number of feasible control measures. Butte County, under the auspices of the Butte County Air Quality Management District (BCAQMD), has adopted some, but not all, of these measures. Construction activities are also a source of organic gas emissions. Although construction -related sources are mobile and transient in nature, various diesel -powered vehicles and equipment are in use during construction. In this instance, however, health risks from construction -related diesel particulate would be less -than -significant because at most six dwellings could be developed at the project site, resulting in temporary building activities that would occur in a low density rural area. The Butte County Air Quality Management District (BCAQMD) released the CEOA Air Orrality Handbook- Guidelines,for Assessing Air Quality Impacts for projects subject to CEOA Review (CEQA Handbook), which was approved .January 24, 2008. The document establishes thresholds of significance for projects based on project size tm Butte County Department of Development Services ■ a initial Study — Verney Chun GPA07-0002 & REZ07-0001 ® Page G of 32 a 26 and/or projected emissions. The thresholds were analyzed for conformance with CEQA Guidelines §1538.2. Tire districts four categories of evaluation are: 1. Comparison of calculated project emissions to the Districts emission thresholds, .2 Consislerrcy with the most recent Air Quality Attainment Plan (AQAP) for Butte County, 3. Comparison of predicted ambient pollutant concentrations resulting from the project to Stale and Federal health standards, where applicable, and 4. The evaluation of special conditions which apply to certain projects, such as public exposure to toxic air contaminants Table 2-1 of the CEQA Handbook lists the thresholds of significance, the CEQA level of significance, and the environmental document type requirement.. See table below. Table 2-1: Thresholds of Significance for Critical Pollutants of Concern Pollutant Level A Level B Level C NOx <_251bs/day >25lbs/day >137lbs/day ROG <_25lbs/day >25lbs/day >137lbs/day PMi 0 <-80 lbs/day >80 lbs/day >137 lbs/day Level of Significance Potentially Significant Potentially Significant Significant Impacts impacts Impacts Environmental Mitigated Negative Declaration (MND) or Mitigated ND or EIR E.IR Document ND Source BCAQMD CEQA Handbook Table l-1 (Screening Criteria for- Project Air Quality Impacts) lists the established thresholds based on land use. The threshold for a single family residential project is 120 units. This project has the potential for six single family residences, resulting in a "Level A" threshold of significance Standard mitigation measures guidelines for "Level A" are in Section 5 of the CEQA Handbook.. The mitigation measures listed in Section 5 are design standards for more urban residential developments, including street design, multi -modal transportation options, and building efficiency, and this standard mitigation will ensure the project has a less than significant impact on cumulative air quality. This project does not include new streets, is not at a density level to justify multi -modal transportation options. This project does not include commercial or industrial development. Based on the information above, this project will not conflict with or obstruct any airquality plan. The daily vehicular traffic that could result in the addition of six residences ofan approved subdivision, each on one five acre parcel, would constitute a less than significant impact on air quality given the low-density character of the surrounding area, the lack of congestion on local roads, the relatively small size of the project, and when compared to the permitted uses under the current P -Q zoning Concentrations of pollutants are related in part to levels of traffic congestion along streets and at'intersect ions . Additional project -generated traffic of about 58 vehicular trips per day would not increase either traffic volumes on the local street network or carbon monoxide and other vehicle - related emissions along local roadways to the extent it would constitute a measurable impact to air quality. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review a Butte County Department of Development Services a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ® Page 7 of 32 27 which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level.. For instance: Example #1 Control Dust a) During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b) During construction, water, trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c) Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d) On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e) Haul vehicles transporting soil into or out of the property shall be covered f) Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. g) Other- measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information h) Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices i) Maintain all construction equipment in proper tune according to manufacturer's specification. j) Where feasible, give preference to utilizing the following equipment: o Electric equipment a Substitute gasoline -powered for diesel -powered equipment o Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. e Equipment that has Caterpillar pre -chamber diesel engines, as practical. e Diesel construction equipment meeting the California Air Resources Board's (CARB) 1996 or- newer rnewer certification standard for off-road heavy-duty diesel engines. k) Construction workers shall park in designated parking area(s) to help reduce dust emissions." Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors.. Therefore, mitigation. for effects of the subdivision is most appropriately addressed as part of the future subdivision process, not the current General Plan amendment and rezone 4.4 BIOLOGICAL RESOURCES: a Butte County Department of Development Services m m Initial Study — Verney Chun GPA07-0002 & REZ-07-0001 a Page 8 of 32 m Potentially Less Than Less Than No Reviewed Would the proposal: Significant significant significant Impact under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or X a Butte County Department of Development Services m m Initial Study — Verney Chun GPA07-0002 & REZ-07-0001 a Page 8 of 32 m Would the proposal: Potentially significant Less Than significant Less Than significant No Impact Reviewed Under Impact with Impact Previous Ytiligation Document Incorporated through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, X regulations or by the California Department of' Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, X vernal pool, coastal, etc ) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory X wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree X reservation policy ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation X Plan, or other approved local, regional, or state habitat conservation plan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, X threatened, or endangered species of animals? It. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, X amphibians, fish or invertebrates)? i. A deterioration of existing fish or wildlife habitat (for X foraging, breeding, roosting, nesting, etc.)? j. Introduction of barriers to movement of any resident X or' migratory fish or wildlife species? k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could X hinder the normal activities of wildlife? Impact Discussion: The project site is located on the west side of Cherokee Road north of the Thermalito Power' Canal (TPC) and abutting the Union Pacific Railroad line (UPRR). The area is known as Thompson Flat. The entire property was used as a repository of the soil generated by the excavation of the Thermalito Power Canal and the UPRR rail line, The property is covered by annual grasses with a scattering of small oak trees located mainly along the north boundary line and against the UPRR right-of-way. Some small quantities of riparian vegetation are found along the Miocene Canal located at two places on the site m Butte County Department of Development Services m a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 to Page 9 of 32 m 29 The California Natural Diversity Database (CNDDB Rarefind 2, Government Version, Jan -02-2003) was reviewed to determine if any special status species or habitats are known to occur on the project site or in the project area. The CNDDB showed no occurrences of any special status species on the project site or in the project area. However, the easterly portion of each parcel is bisected by the Lower Miocene Canal. The canal crosses Cherokee Road and provides water to the California Water Service Company (CWSC) holding pond which serves water to the City of Oroville. This canal has existed in it's present route for many years. Flora of various species are established along this canal and provide cover and a food source for fauna. Future development of the project will have an impact to fish and/or wildlife due to the introduction of human development. Therefore it is determined that the collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, local policies or ordinances protecting biological resources, or other approved local, regional, or state habitat conservation plan as there are no adopted plans affecting the project site. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: Example #2 The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "A 50 foot wide "No Development Area" encompassing the riparian area along the Miocene Canal. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "No construction (including septic tanks, leaclifields, structures, fences, or dumping (including fill material), or vegetation removal and/or- excavation shall occur within the 'No Disturbance Area' as depicted. Limited vegetation removal necessary for flood and fire control is permissible within the 'No Disturbance — Area'; however, all living and thriving native trees shall be retained and all vegetation removal shall be approved by the Department of Fish and Game prior to removal." Example #3 The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "Prior to any development activity or the issuance of any permit or approval that would result in the removing or encroaching upon oak trees on the project site (this includes the canopy drip -line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime), an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or- landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee that includes: 1) A survey showing the location of oak trees 5 inches or more in diameter- at breast height, as defined by PRC §21083.4(a); 2) A plan for the mitigation of the removal of all oak trees 5 inches or more in diameter at breast height It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half' of the mitigation. Replanted oak trees shall be maintained for a period of seven year's after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for tees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, m Butte County Department of Development Services in m Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 10 of 32 m considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Each oak tree to be preserved shall be surrounded by a tee zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and 5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of'Development Services or his/her designee. Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the future subdivision process, not the current General Plan amendment and rezone 4.5 CULTURAL RESOURCES: Impact Discussion: Cultural . resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is located in an area considered to have a low to moderate archeological sensitivity. Soil excavated to create the Thermalito Power Canal and the UPR.R right-of-way was taken from areas known to be inhabited at one time by Native Americans. There is a reasonable possibility that the excavation could have also removed historic cultural resources. Grading and other soil disturbance activities on the project site in relation to future residential development have the potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during development activities on the project site, Example 45 is would requires all construction activity halt and the county Planning Division and a professional archaeologist be consulted to evaluate the ftnd(s).lt is reasonable to assume that historic artifacts could have also been moved to the property. The project site is not developed with any buildings, but the Miocene Canal is located on the site and is an open, lined ditch, and was built numerous years ago and may be considered a significant cultural resource as defined by CEQA. Development along the canal as a result of a parcel map on the project site could create significant impacts to the canal. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: a Butte County Department of Development Services a a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 1 I of 32 a 31 Potentially Less Than Less Than No Reviewed Would the proposal: significant significant Signiricnnt Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance X of a historical resource as defined in § 15064.5? b. Cause a substantial adverse change in the significance of X an archaeological resource pursuant to § 15064.5? c. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? Impact Discussion: Cultural . resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is located in an area considered to have a low to moderate archeological sensitivity. Soil excavated to create the Thermalito Power Canal and the UPR.R right-of-way was taken from areas known to be inhabited at one time by Native Americans. There is a reasonable possibility that the excavation could have also removed historic cultural resources. Grading and other soil disturbance activities on the project site in relation to future residential development have the potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during development activities on the project site, Example 45 is would requires all construction activity halt and the county Planning Division and a professional archaeologist be consulted to evaluate the ftnd(s).lt is reasonable to assume that historic artifacts could have also been moved to the property. The project site is not developed with any buildings, but the Miocene Canal is located on the site and is an open, lined ditch, and was built numerous years ago and may be considered a significant cultural resource as defined by CEQA. Development along the canal as a result of a parcel map on the project site could create significant impacts to the canal. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: a Butte County Department of Development Services a a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 1 I of 32 a 31 Example #4 The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "A 50 foot wide "No Development Area" encompassing the riparian area along the Miocene Canal_ Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "No construction (including septic tanks, leachfields, structures, fences, or dumping (including fill material), or vegetation removal and/or excavation shall occur within the `No Disturbance Area' as depicted. Limited vegetation removal necessary for flood and fire control is permissible within the `No Disturbance — Area'; however, all living and thriving native trees shall be retained and all vegetation removal shall be approved by the Department of Fish and Game prior to removal." Example #5 The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "Should grading activities reveal the presence of cultural resources (i.e.., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the future subdivision process, not the current General Plan amendment and re --one. 4.6 GEOLOGIC PROCESSES: a Butte County Department of Development Services a ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 12 of'32 a 32 Potentially Less Than Less Than No Reviewed Would the proposal: Signiricnnt Significant Significant Impact Under Impnct with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: I . Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the X State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or, soil that is unstable, or that would become unstable as a result of the project, X and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? a Butte County Department of Development Services a ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 12 of'32 a 32 Impact Discussion: The Seismic Safety Element of the Butte County General Plan (1977) notes that all of Butte County is in Moderate Earthquake Intensity Zone Vlll (although local intensities could vary from Zone VII to Zone IX (California Division of Mines and Geology, 1995). The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault along which, on August 1, 1975, a Richter magnitude 5.7 Oroville earthquake resulted in approximately 2.2 miles of ground rupture along the western flank of the Cleveland Hills fault. While the eastern border of the project site is, at its closest, approximately 7,700 feet west of the Cleveland Hills fault, it is not within the surrounding Alquist-Priolo special studies zone as identified by Butte County GIS data from the California Department of Mines and Geology (1995). There are also several inferred faults to the east and west. Like much of Califomia, the project site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings and other improvements will be designed and installed in accordance with Uniform Building Code requirements. Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings, pipes, light poles, roadways, and other improvements would be designed and installed in accordance with Uniform Building requirements. Because the project site appears to be located such that the probability of significant groundshaking is low, and because the future structures on the project site would be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be less than significant The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a low potential for liquefaction The impact would be less than significant. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a moderate potential for' landslides in this area. The lack of steep slopes on the project site and on the surrounding parcels would not put the project site at risk of a landslide. Grading standards required to be met for the issuance of a building permit would reduce any potential impact. The soil erosion potential for the project site is moderate, according to Butte County General Plan GIS data. The soils on the project site — compacted excavated material - are not prone to soil erosion. The project site contains very gentle slopes that generally would not be at risk of significant erosion. Large amounts of grading associated with future residential development on the site are not expected due to the gentle slopes on the site and due to the low density of development. Additionally, the use of standard construction techniques would prevent any significant erosion occurring from the site. The Conservation Element's Expansive Soils Map indicates that there is a high expansive soil potential on the project site. As of'January 1, 2008 and per CBC 1802.2.7, the Butte County Building Division requires soil tests prior to issuance of a building permit to determine the site soils' particular expansive potential, and will ensure that the foundations of all new structures are designed to adequately perform according to the shrink/swell characteristics determined for the building site. Development enabled by the project would thus have a less than significant impact with regards to risks to life and property due to expansive soils. ® Butte County Department of Development Services ■ ® Initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 13 of 32 33 Potentially Less Thnn Less Thnn No Reviewed Would the proposal: Significant Significant Significnnt Impact Under Impnet with Impact Previous Mitigation Document Incorporated d. Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating X substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal X system where sewers are not available for the disposal or waste water? Impact Discussion: The Seismic Safety Element of the Butte County General Plan (1977) notes that all of Butte County is in Moderate Earthquake Intensity Zone Vlll (although local intensities could vary from Zone VII to Zone IX (California Division of Mines and Geology, 1995). The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault along which, on August 1, 1975, a Richter magnitude 5.7 Oroville earthquake resulted in approximately 2.2 miles of ground rupture along the western flank of the Cleveland Hills fault. While the eastern border of the project site is, at its closest, approximately 7,700 feet west of the Cleveland Hills fault, it is not within the surrounding Alquist-Priolo special studies zone as identified by Butte County GIS data from the California Department of Mines and Geology (1995). There are also several inferred faults to the east and west. Like much of Califomia, the project site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings and other improvements will be designed and installed in accordance with Uniform Building Code requirements. Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings, pipes, light poles, roadways, and other improvements would be designed and installed in accordance with Uniform Building requirements. Because the project site appears to be located such that the probability of significant groundshaking is low, and because the future structures on the project site would be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be less than significant The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a low potential for liquefaction The impact would be less than significant. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a moderate potential for' landslides in this area. The lack of steep slopes on the project site and on the surrounding parcels would not put the project site at risk of a landslide. Grading standards required to be met for the issuance of a building permit would reduce any potential impact. The soil erosion potential for the project site is moderate, according to Butte County General Plan GIS data. The soils on the project site — compacted excavated material - are not prone to soil erosion. The project site contains very gentle slopes that generally would not be at risk of significant erosion. Large amounts of grading associated with future residential development on the site are not expected due to the gentle slopes on the site and due to the low density of development. Additionally, the use of standard construction techniques would prevent any significant erosion occurring from the site. The Conservation Element's Expansive Soils Map indicates that there is a high expansive soil potential on the project site. As of'January 1, 2008 and per CBC 1802.2.7, the Butte County Building Division requires soil tests prior to issuance of a building permit to determine the site soils' particular expansive potential, and will ensure that the foundations of all new structures are designed to adequately perform according to the shrink/swell characteristics determined for the building site. Development enabled by the project would thus have a less than significant impact with regards to risks to life and property due to expansive soils. ® Butte County Department of Development Services ■ ® Initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 13 of 32 33 Sewage disposal for future dwellings on the site would be handled by individual, on-site septic systems. The Environmental Health Department has determined that soils on the project site may not be adequate for multiple septic systems due to the poor quality of soil.. Future land divisions on the project site would require that adequate soil meeting the sewage disposal requirements of'Appendix VII of the Butte County Improvement Standards be proven to exist on all proposed parcels. This may require soil tests. Five acre parcels are generally large enough to contain a septic system, replacement leachfield area, and a well. However, in this instance five acre parcel may not suffice. The Butte County Environmental Health Division, prior to the submittal of a parcel/subdivision map on the project site, may require necessary soil testing to prove that there is adequate soil on each proposed parcel. Alternatively, parcel sizes may need to be increased in order to meet Appendix VII requirements. All new septic systems on the project site must be installed under permit from the Butte County Environmental Health Division. Mitigation Measure: None required. 4.7 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: Potentintty Less Than Less Than No Reviewed Significnnt Significant Significant Impnet Under Impnet with Impact Previous Nritigntion Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or X disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? e. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, X would it create a significant hazard to the public or die environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the X project result in a safety hazard for people residing or working in the project area? E For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people X residing or working in die project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency X evacuationplan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including X where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Impact Discussion: The project site is not located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 (Cortese List) and is not near any listed sites or sites known m Butte County Department of Development Services m m Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ® Page 14 of 32 m 34 or suspected to contain hazardous materials. The project does not involve the use of hazardous materials and would not create any hazardous materials. No impact is anticipated. The property is not located within the vicinity of an airport, airport land -use plan, or private airstrip, and does not interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated. The project is located within a State Responsibility Area for wildland fires and construction of homes in this area makes fighting wildland fires more difficult because fire resources must protect structures before wildlands. The nearest staffed fire station is Station # 63 (CDF staffed) located approximately 1.8 miles to the west at Neal Road and County Center Drive The CalFire/Butte County Fire Department reviewed the project and did not have any specific recommendation with regard to the general plan or rezone request. Future residential development on the project site requires that State and County Fire Safe regulations be followed. Mitieation Measure: None Required 4.8 HYDROLOGY AND WATER QUALITY: to Butte County Department of Development Services is ® Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 15 of 32 a 35 Potentially Less Than Gess Than No Reviewed Would the proposal: significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge X requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production X rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course X of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or X amount of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade waterquality? X g. Place housing within a 100 -year flood hazard area as mapped by Federal Flood Hazard Boundary, Flood X Insurance Rate Map, or other- flood hazard delineation map? Ir. . Place within a 100 -year flood hazard area structures X which would impede or redirect flood flows? to Butte County Department of Development Services is ® Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 15 of 32 a 35 Impact Discussion: Domestic water for future residential development on the site would be obtained from wells. The project is not expected to result in a significant reduction in ground water supplies in the project area. Future residential development on the project site would ultimately result in the creation of new impervious surfaces, such as dwellings, accessory structures, and driveways. While the amount of impervious surface area relative to 5+ acre parcels is generally small and the amount of runoff is expected to be minimal, future land divisions on the site may require that a storm water drainage plan be approved by the Public Works Department. Additionally, a Construction Storm Water Permit will be required by the State Water Resources Control Board if' any development on the site results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. Development of the project site with six 5+ acre parcels may not trigger the need for the Storm Water Permit. There are no natural drainages on the project site. The Miocene Canal is located on the site. No impacts are expected to occur to the Canal because of the future setback requirement provided by Example #2 in Section 4.4. The project site is not located within a 100 -year flood zone or 500 -year flood zone as shown on Butte County GIS maps, which are based on Federal Emergency Management Agency Flood Insurance Rate Map 06007C -0795-C, dated June 8, 1998. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact would occur with respect to these natural hazards. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: See Example 42 (Section 4A Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the fixture subdivision process, not the current General Plan amendment and resone 4.9 LAND USE: Potentially Less Ihan Less Than No Reviewed Would the proposal: Significant Significant Signifiennt impact Under Impact with Impact Previous Mitigation Document Incorporated i. Expose people or structures to a significant risk or loss, I X injury, or death involving flooding, including flooding as X a result of the failure of a levee or- dam? j. Inundation by seiche, tsunami, or mudflow? X Impact Discussion: Domestic water for future residential development on the site would be obtained from wells. The project is not expected to result in a significant reduction in ground water supplies in the project area. Future residential development on the project site would ultimately result in the creation of new impervious surfaces, such as dwellings, accessory structures, and driveways. While the amount of impervious surface area relative to 5+ acre parcels is generally small and the amount of runoff is expected to be minimal, future land divisions on the site may require that a storm water drainage plan be approved by the Public Works Department. Additionally, a Construction Storm Water Permit will be required by the State Water Resources Control Board if' any development on the site results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. Development of the project site with six 5+ acre parcels may not trigger the need for the Storm Water Permit. There are no natural drainages on the project site. The Miocene Canal is located on the site. No impacts are expected to occur to the Canal because of the future setback requirement provided by Example #2 in Section 4.4. The project site is not located within a 100 -year flood zone or 500 -year flood zone as shown on Butte County GIS maps, which are based on Federal Emergency Management Agency Flood Insurance Rate Map 06007C -0795-C, dated June 8, 1998. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact would occur with respect to these natural hazards. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: See Example 42 (Section 4A Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the fixture subdivision process, not the current General Plan amendment and resone 4.9 LAND USE: a Butte County Department of'Development Services a a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 n Page 16 of 32 W Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide air established community? I X a Butte County Department of'Development Services a a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 n Page 16 of 32 W Would the proposal: Potentinliv Significant Less rhan Significant Less Thnn Significant No Imp-nd Reviewed Under Impact with Impact Previous Mitigntion Document Incorporated b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general X plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation X plan or natural community conservation plan? Impact Discussion: The property is designated as Public (P) in the Butte County General Plan Land Use Element. The only consistent zone listed for this designation is P -Q (Public or Quasi Public).. There are no conditionally consistent zones listed. There is no minimum parcel size. Permitted uses listed under the Public designation of the Land Use Element include large facilities owned and operated by government agencies such as government buildings, hospitals, recreation facilities, and fire stations. The rezone from PQ to AR -5 would result in the potential for the creation of six 5+ acre single family residential parcels, contingent upon useable septic areas being demonstrated for each parcel. The potential 5 -acre lots would be generally consistent with the other parcels in the area which range in size from 0.60 to 2.39 acres in residential use, and publically owned parcels ranging in size from 4.24 acres to 23 acres. The Agricultural -Residential General Plan land use designation states that a consistent parcel size is 20 acres or greater in size, but does allow for a parcel size of less than five acres if five conditionally consistent criteria can be met. These five criteria and a response to each one are: Compatible with neighboring agricultural activities, The project site is not located in an intensive commercial agricultural area No conunercial agricultural uses are established on any of the surrounding parcels The only agricultural use in the project area i•s livestock grazing None of the adjoining parcels on the south, east and west have a General Plan land use designation of Orchard and Field Crops or Grazing and Open Land However, a parcel situated north across the 2.50 foot wide NPRR line is designated as GO1• (Grazing and Open Land), and under a CL -CA contract The Butte County Agricultural Connnissioner's Office commented that this project world not have any.significant impacts to agricultural operations iffNtrre development of the property adheres to the 300 foot agricultural setback, consistent with Butte County Code Section 24-286 The project is not expected to create any impacts to agi icultural activities 2. Evidence of adequate water and sewage disposal capacity. Domestic mater is proposed to be obtained from individual wells Usable sewage disposal areas as required by Appendix V11 of the Butte County Subdivision Ordinance have not been proved to exist our the proposed parcels. The soils on the project .site may not be adequate to support on-site sewage disposal systems our five acre parcels Prior to approval of any future subdivision map, useable septic areas must be proven to exist so as to service the future lots Otherwise, Butte County Code would not allow the subdivision, and development would be limited to the one existing parcel. Availability of adequate fire protection facilities. The nearest staffed fire •station is Station 1163 (CDF staffed) located approximately /.8 miles to the west at Neal Road and County Center Drive. .All new dwellings placed our the project site would be required to have interior fire sprinkler systems to help reduce impacts to fire protection services a Butte County Department of Development Services e to Initial Study — Verney Chun GPA07-0002 & REZ07-0001 to Page 17 of 32 37 4; Adequately maintained approved road access with sufficient capacity to service area. The project site fronts on Cherokee Road, which is a public road Cherokee Road along the project site is of adequate width to provide for two -sway traffic Cherokee Road is a through road, and connects to Table Mountain Road to the south (in the City of Oroville). A future parcel nrap on the project site that would create •six 5+ acre parcels has the potential to create approximately 24 vehicle trips per day, although it is expected the actual number ofvehicle trips would be less date to the rural location of the project site Reasonable accessibility to commercial services and schools. A K-8 school is located in the community of Thermalito, approximately two miles to the west of the project .site. High .schools are located in Oroville within approximately 2 utiles to the south of the project site School bits service is provided to these .schools Full .service general stores are located in the City of Oroville. Based upon the above responses, the project can be considered to be conditionally consistent with the Agricultural Residential General Plan land use designation. The Agricultural Residential General Plan .land use designation lists seven zoning factors that must be considered when determining the appropriate zoning district for a particular area. The zoning factors, along with staffs response, are: e Existing parcel sizes and residential densities Surrounding and nearby parcels range in .size frorrr 0.60 to 1.39 acres in residential use, and publically owned parcels ranging in size from 4.24 acres to 23 acres_ The requested AR -5 zone would be consistent with the surrounding and nearby parcel sizes and land rises o Slope The site is essentially flat swilh an average slope of approximately /% The lack of steep slopes on the site would not hinder residential development on the f tture parcels that may be created on the project site as a result of this rezone project C Soil conditions and water availability The .soils on the project site may not be adequate to support on-site selvage disposal systems on five acre parcels Prior to approval of any futrtre subdivision nrap, useable •septic areas must be proven to exist so as 10 service the future lots Othenvise, Butte County Code world not allow the subdivision, and development would be limited to the one existing parcel. The site does not contain ai), swetlarnds or vernal pools, and does not appear subject to high groundwater levels Domestic water for any frttare dwellings on the site would be obtained from individual wells. o Effects on adjacent uses, crop production, livestock grazing, forestry, resources extraction, and wildlife habitat This rezone to AR -5 could result in the creation of six 5+ acre parcels, each of which could be developed with o single fanrilj+ dwelling innit, upon approval a subdivision or° parcel map No agricultural uses, other than some cattle grazing, are found on the surrounding parcels No mineral resources are extracted from any of the sutr•rounding parcels. The project site does not contain any critical animal habitat o Proximity to public roads and other public facilities. ® Butte County Department of Development Services ra Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 18 of'32 .11 The project site fronts on Cherokee Road, which is a public road A K-8 public school is located in the community of Thernnalito, approximately 2 miles front the project site A post office is located in nearby Oroville City and County government facilities and services are located in nearby Oroville 0 Distance from airports, railroads and industrial uses. Oroville Airport is located four miles to the southwest No public railroad .services are available, however the Union Pacific Rail Road (UPRR) main line runs approximately 60 feet below grade along the north property line of the project site, and industrial rises are located in the Oroville area. These of uses world not have any impact to future residents on the project site e Existing utilities, walkways and drainage facilities. Electrical and telephone lines are located on Cherokee Road and can easily be extended to the project site. Piped natural gas service is not available in the project .site area ifrater world be provided by private wells. Drainage facilities in the area are limited and generally not needed due to the lore density of development in the project area Storrnwater runoff from parcels in the project area is norinally directed into natural drainages C Potential for surface cracking, landslides, and erosion Surface cracking, usually caused by expansive soils, is not a problem in the project at -ea. The project .site is not prone to landslides because it does not contain any slopes The .soils on the site are excavated material and not generally prone to erosion. e Effect on noise, traffic flow and safety, water quality, wildlife habitat and general environmental quality This rezone to AR -.i could result in the creation of six 5+ acre parcels, each of which could be developed with a single.farnily dwelling emit. Tlne resrltirrg residential uses tivould result inn a minor increase in noise in (lie project area, but this increase would not be significant and world be compatible with the other residential uses in the project area The increase in vehicular traffic would be minor, adding approxiiinately 24 additional vehicular trips to the roads in the area The roads in the project area have the capacity to handle the minor increase in traffic generated by the project The approval of a future subdivision or parcel nrap on the site, consistent with Butte County Code, would have signifucontly less impacts than the uses permitted in the P -O zone e Local desires Due to its rural nature of the area, but .short drive to Oroville, the area is very desirable and faces increasing pressure for additional residential developnnent New subdivisions have recently be constructed south across the Thernnalito Power Corral, in the City of Oroville. At this time the 'local desire" regarding this rezone project is not known This rezone project requires approval by both the Planning Commission and the Board of Supervisors, both of which will hold public hearings on this project The opportunity to present local desires will be provided at frtture hearings. Public hea•irngs rvoitld also be held for' any future land division on the project site. e Potential for pest insect breeding This rezone project, and a subsequent parcel map to potentially create six S+ acre residential parcels on the project site, is not evpected to create a potential for pest or insect breeding because residential uses typically do not include improvements that would be conducive to pest or insect breeding The property is not within a habitat conservation plan or natural community conservation plan because no such plan exists for the area. No impact would be incurred. a Butte County Department of Development Services is a Initial Study — Verney Chun GPA07-0002 & REZ07=0001 m Page 19 of 32 e M Mitigation Measure: None required. 4.10 MINERAL NERAL RESOURCES: Impact Discussion: Oroville was started as a mining community during the middle of the I SP Century, with most of the mines located to the north of the town. Gold was the primary mineral being mined. No large scale mining operations have occurred in the Oroville area for over 60 years. No mining operations occurred on the project site. The proposed General Plan and Rezone project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. A future subdivision or parcel created under this zoning would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required. 4.11 NolisE: Potentially Less Thnn Less Than No Reviewed Would the proposal: Significant significant Significant Impact Under Impact with Impnct Previous Mitigation Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X X residents of the state? b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local X X general plan, specific plan, or other land use plan? Impact Discussion: Oroville was started as a mining community during the middle of the I SP Century, with most of the mines located to the north of the town. Gold was the primary mineral being mined. No large scale mining operations have occurred in the Oroville area for over 60 years. No mining operations occurred on the project site. The proposed General Plan and Rezone project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. A future subdivision or parcel created under this zoning would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required. 4.11 NolisE: m Butte County Department of Development Services m ■ initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 20 of 32 m 40 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan X or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive X ground borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing X without theproject? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above X levels existing without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, X would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, X would the project expose people residing or working m Butte County Department of Development Services m ■ initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 20 of 32 m 40 Impact Discussion: Noise is usually defined as unwanted sound. It is an undesirable by-product of society's normal day-to-day activities. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The definition of noise as unwanted sound implies that it has an adverse effect on people and their environment. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). Noise sources occur in two forms: (1) point sources, such as stationary equipment, loudspeakers, or individual motor vehicles; and (.2) line sources, such as a roadway with a large number of point sources (motor vehicles). Sound generated by a point source typically diminishes (attenuates) at a rate of 6.0 dB(A) for each doubling of distance from the source to the receptor at acoustically "hard" sites and 7.5 dB(A) at acoustically "soft" sites. For example, a 60-dB(A) noise level measured at 50 feet from a point source at an acoustically hard site would be 54 dB(A) at 100 feet from the source and 48 dB(A) at 200 feet from the source. Sound generated by a line source typically attenuates at a rate of 3.0 dB(A) and 4.5 dB(A) per doubling of distance from the source to the receptor for hard and soft sites, respectively. Sound levels can also be attenuated by man-made or natural barriers. Sensitive receptors are facilities where sensitive receptor population groups (children, the elderly, the acutely ill and the chronically ill) are likely to be located. These land uses include residences, schools, playgrounds, child care centers, retirement homes, convalescent homes, hospitals and medical clinics. Noise -sensitive receptors in the project area include dwellings that are adjacent to the project site. The project site is located in a rural residential area with generally low noise levels and is not subject to any significant continuous noise. Noise from train travel on the UPRR is periodic and muffled by the tracks being below grade. Vehicular traffic noise and noise from residential uses are the dominant sources of noise in the vicinity of, the project site. Uses associated with this project, or any future subdivision or parcel map, would not create a significant increase in ambient noise levels within or in proximity to the project site. Noise from the project would be compatible with the existing noise environment which is dominated by rural residential uses and vehicle traffic similar to that anticipated from this project. The Butte County General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL. for construction activities. Given the rural nature of the project site and distance to other existing residential structures, the impact of construction noise will be less than significant on nearby residences. To help reduce noise related impacts to the nearby residents, a condition will be added to the Parcel Map that limits construction activities between the hours of'6:00 a.m. and 7:00 p.m., Monday through Saturday. No construction activity would be allowed on Sundays and holidays. The conditions would also require that the developer designate one person to act as a disturbance coordinator to handle any noise -related complaints. Because of the relatively small increment of traffic added to the local roadways, the project would not significantly affect future traffic noise levels.. The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact would occur This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: is Butte County Department of Development Services m a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 n Page 21 of 32 m 41 Potentially Less Than Less Thnn No Reviewed Would the proposal: Significant Significant Signiricnnt Impact Under Impact with impact Previous Mitigation Document Incorporated in the project area to excessive noise levels? Impact Discussion: Noise is usually defined as unwanted sound. It is an undesirable by-product of society's normal day-to-day activities. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The definition of noise as unwanted sound implies that it has an adverse effect on people and their environment. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). Noise sources occur in two forms: (1) point sources, such as stationary equipment, loudspeakers, or individual motor vehicles; and (.2) line sources, such as a roadway with a large number of point sources (motor vehicles). Sound generated by a point source typically diminishes (attenuates) at a rate of 6.0 dB(A) for each doubling of distance from the source to the receptor at acoustically "hard" sites and 7.5 dB(A) at acoustically "soft" sites. For example, a 60-dB(A) noise level measured at 50 feet from a point source at an acoustically hard site would be 54 dB(A) at 100 feet from the source and 48 dB(A) at 200 feet from the source. Sound generated by a line source typically attenuates at a rate of 3.0 dB(A) and 4.5 dB(A) per doubling of distance from the source to the receptor for hard and soft sites, respectively. Sound levels can also be attenuated by man-made or natural barriers. Sensitive receptors are facilities where sensitive receptor population groups (children, the elderly, the acutely ill and the chronically ill) are likely to be located. These land uses include residences, schools, playgrounds, child care centers, retirement homes, convalescent homes, hospitals and medical clinics. Noise -sensitive receptors in the project area include dwellings that are adjacent to the project site. The project site is located in a rural residential area with generally low noise levels and is not subject to any significant continuous noise. Noise from train travel on the UPRR is periodic and muffled by the tracks being below grade. Vehicular traffic noise and noise from residential uses are the dominant sources of noise in the vicinity of, the project site. Uses associated with this project, or any future subdivision or parcel map, would not create a significant increase in ambient noise levels within or in proximity to the project site. Noise from the project would be compatible with the existing noise environment which is dominated by rural residential uses and vehicle traffic similar to that anticipated from this project. The Butte County General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL. for construction activities. Given the rural nature of the project site and distance to other existing residential structures, the impact of construction noise will be less than significant on nearby residences. To help reduce noise related impacts to the nearby residents, a condition will be added to the Parcel Map that limits construction activities between the hours of'6:00 a.m. and 7:00 p.m., Monday through Saturday. No construction activity would be allowed on Sundays and holidays. The conditions would also require that the developer designate one person to act as a disturbance coordinator to handle any noise -related complaints. Because of the relatively small increment of traffic added to the local roadways, the project would not significantly affect future traffic noise levels.. The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact would occur This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: is Butte County Department of Development Services m a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 n Page 21 of 32 m 41 Example # 5: The following note shall be placed on any future parcel or subdivision map, and any building permit site pian, on the project site: "To reduce construction -generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1, Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine -driven construction equipment; 3. Construction equipment shall not be idled for- long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the f rture subdivision process, not the crrn•ent General Plan amendment and rezone 4.12 HOUSING: Impact Discussion: Butte County population has grown at a rate at or below official population projections for the past 10 years. Projected population for 2000 was 207,159, while the actual census population was 203,171 The growth rate for Butte County between the 1990 and 2000 was 11.6%, or 1.1% pet -year. The proposed rezone would result in the potential for six parcels on the project site (a net increase of four parcels), each of which could be developed with a single family dwelling unit Thus, the project has the potential to add an estimated 14 people to Butte County (6 dwelling units x 2.414 persons/unit — assuming all occupants are new residents to Butte County). This is not considered a significant amount and is consistent with the estimated 2% annual growth rate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with most of the surrounding area. The project would not displace individuals or (rousing. No impact would occur. Mitigation Measure: None required u Butte County Department of Development Services e a Initial Study — Verney Chun GPA07-0002 & RE107-0001 u Page 22 of 32 a 42 Potentially Less Than Less Than No Reviewed Would the proposal: Significnnt significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and X businesses) or indirectly (for example, through extension of roads or other infrastructure? . b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? e. Displace substantial numbers of people, necessitating X the construction of replacement housing elsewhere? Impact Discussion: Butte County population has grown at a rate at or below official population projections for the past 10 years. Projected population for 2000 was 207,159, while the actual census population was 203,171 The growth rate for Butte County between the 1990 and 2000 was 11.6%, or 1.1% pet -year. The proposed rezone would result in the potential for six parcels on the project site (a net increase of four parcels), each of which could be developed with a single family dwelling unit Thus, the project has the potential to add an estimated 14 people to Butte County (6 dwelling units x 2.414 persons/unit — assuming all occupants are new residents to Butte County). This is not considered a significant amount and is consistent with the estimated 2% annual growth rate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with most of the surrounding area. The project would not displace individuals or (rousing. No impact would occur. Mitigation Measure: None required u Butte County Department of Development Services e a Initial Study — Verney Chun GPA07-0002 & RE107-0001 u Page 22 of 32 a 42 4.13 PUBLIC SERVICES: Would the proposal: Potentially Significant Less Than significant Less Than significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in X order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X E Other public services? X Impact Discussion: The project site is located in an area designated as having a high to very high fire hazard according to GIS data from the California Division of Forestry. This rezone project has the potential to create six residential parcels (a net increase of four parcels), which would result in an incremental increase in demand for fire protection services. The CalFire/Butte County Fire Department states that cumulative development in rural areas would impact their ability to provide fire protection services. This agency states that the installation of automatic fire suppression sprinkler systems in residential structures, the use of fire resistant building materials and the availability of water supply systems would reduce the demand for fire protection services. As a mitigation for any future land divisions on the project site, all new residential structures on the site are required to be equipped with an automatic fire suppression sprinkler system unless the parcel is connected to a pressurized community water system. The interior fire sprinkler system helps keep a house fire from spreading rapidly. The interior fire sprinkler system is also a life-saving measure, which provides residents additional time to escape from a burning house. The nearest fire hydrant is located approximately 1,200 feet to the northeast of the site (on the north side of Forbestown Road). This rezone project has the potential to create six residential parcels (a net increase of four parcels), which would result in an incremental increase in demand for police protection services. The Butte County Sheriff's Office provides law enforcement service to the Forbestown area. The cumulative impacts of increased residential development in the County impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. Butte County Code requires that Sheriffs facilities fees be paid prior to issuance of a building permit for a dwelling unit placed on the project site. The current Sheriff's impact fee for a dwelling unit is $360.00. A note to this effect is required to be placed on any parcel or subdivision map on the project site. With the payment of the Sheriff's impact fees the impacts to police protection services would be reduced to a less than significant level. The proposal would result in an incremental demand for school facilities in the area. The project site is located in the Oroville Union School District and the Thermalito Union School District, and the nearest school is the Nelson Avenue Elementary School (grades K-8), located approximately 2 miles to the west of the project site. Oroville High school is located in the City of Oroville and school bus service is available in the project area. The project could result in an incremental increase in demand for school facilities in the Palermo Union Elementary and Oroville Union High School Districts. A development impact fee for school facilities must be paid prior to issuance of building permits with fees determined according to the square footage of a dwelling's living area, While school districts maintain that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees or mitigation by state legislation. The project would result in the potential development of three dwellings, which would not create significant impacts to area parks and facilities. m Butte County Department of Development Services m m initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 23 of 32 m 43 A less than significant impact is anticipated to other public services. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: Example # 6: The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system, with hydrants that meet Fire Department specifications, serves the parcels." Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the future subdivision process, not the Current General Plan amendment and rezone. 4.14 RECREATION: Impact Discussion: The project site is located within the Feather River Recreation and Park District. No public or private recreational facilities are location on or near the project site. The site is located near the Thermalito Forbay Lake and park, the Feather River recreation area, where numerous recreation opportunities can be found. No recreation facilities are proposed as part of this project. This rezone project, which could result in up to six parcels on the project site, is not expected to have a significant impact on any existing recreational facilities. Miti ation Measure: None required. is Butte County Department of Development Services a to Initial Study — Verney Chun GPA07-0002 & REZ07-0001 to Page 24 of 32 a 44 Potentially Less Than Less Than No Reviewed Would the proposal: Significant significant signiricant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such X that substantial physical deterioration of the facility would occur or be accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities X which might have an adverse physical effect on the environment? Impact Discussion: The project site is located within the Feather River Recreation and Park District. No public or private recreational facilities are location on or near the project site. The site is located near the Thermalito Forbay Lake and park, the Feather River recreation area, where numerous recreation opportunities can be found. No recreation facilities are proposed as part of this project. This rezone project, which could result in up to six parcels on the project site, is not expected to have a significant impact on any existing recreational facilities. Miti ation Measure: None required. is Butte County Department of Development Services a to Initial Study — Verney Chun GPA07-0002 & REZ07-0001 to Page 24 of 32 a 44 4.15 TRANSPORTATION/TRAFFIC: Would the proposal: Polentinlly Significant Less Than significant Less Than Significant No Impact Reviewed Under Would the proposal: Impact with Impact Impact Previous Impact Mitigntion Impact Document Incorporated Document a. Cause an increase in traffic which is substantial in Incorporated relation to the existing traffic load and capacity of the X street system (i.e., result in a substantial increase in X either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in X location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e. g., sharp curves or dangerous intersections) or X incompatible uses (e.., farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus X turnouts, bicycle racks)? Impact Discussion: The project site fonts on Cherokee Road, which is a public road, and is of adequate width to provide for two-way traffic. Cherokee Road along the project site carries only local traffic and has a low vehicle count The proposed rezone has the potential to create six parcels for residential. use, each of which would generate approximately 9.55 vehicle trips per day (Institute of Traffic Engineers Trip Generation Nfal7uao, although dwellings in rural ateas typically generate less than 9.55 vehicle trips per day. Based upon these estimates, the six parcels could generate approximately 57 vehicle trips per day. There is adequate sight vision of rorbestown Road from the project site. Butte County Code Section .24-240 (b) requires two off-street spaces per dwelling. The future six 5+acre parcels that would be allowed by the proposed AR -5 zone would have sufficient area to meet this requirement. This proposed rezone would not conflict with accepted policies, plans or programs supporting alternative transportation Mitigation Measure: None required. 4.16 UTILITIES AND SERVICE SYSTEMS: ® Butte County Department of Development Services is in Initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 25 of 32 45 Potentially Less Than Less Than No Reviewed Would the proposal: significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board. ® Butte County Department of Development Services is in Initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 25 of 32 45 Would the proposal: Potentially Significant Less rhan Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated b. Require or result in the construction of new water or wastewater treatment facilities or expansion of X existing facilities, the construction of which could cause significant environmental effects? e. Require or result in the construction of new storm water drainage facilities or expansion of existing X facilities, the construction of'which could cause significant environmental effects? d. Have sufficient water -supplies available to serve the project from existing entitlements and X resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the X project's projected demand in addition to the provider's existing commitments? E Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste X disposal needs? g. Comply with federal, state, and local statutes, and X regulations related to solid waste? Impact Discussion: The proposed project would include individual septic systems for sewage disposal. The project would not have an impact on any wastewater treatment facilities because individual septic systems would be utilized Domestic water would be obtained from individual wells. Some on and off-site storm water drainage improvements may be required due to development of the project site. No significant environmental impacts would be anticipated because drainage improvements do not appear to be extensive. The Butte County Public Works Department would determine the need for on and off-site storm water facilities and would ensure the necessary improvements are installed when a proposal to divide the property is received. Future land division(s) on the project site to create the six parcels allowed by this rezone project would increase the stream of waste being deposited in the Neal Road Landfill by a minor amount. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste with the incorporation of mitigation measures specified below Mitigation Measure: None required es Butte County Department of Development Services is ra Initial Study — Verney Chun GPA07-0002 & UZ07-0001 a Page 26 of 32 46 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (SECTION 15065: Would the proposal: Potentially Significant Impact Less Thnn Significant with Mitigation Incorporated Less Thin Significant Impact No Impnct Reviewed Under Previous Document a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal X community, reduce the number or restrict the range of a tare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?. b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection X with the effects of past projects, the effects of other current projects and the effects of'probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human X beings, either directly or indirectly? The'project has no potential to contribute impacts that are either individually limited, or cumulatively considerable, with respect to Initial Study Checklist Items Cumulative Impact Analysis An examination of'properties within 2,500 feet of the project site finds that there are no projects that are either in the process of'being, or anticipated to be, further subdivide. Therefore, cumulative projects have been determined not to be cumulatively considerable 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels.. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. Standard mitigation measures, and environmental review procedures, change over tirne to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the subdivision is most approprialeh, addressed m part of the future .subdivision process, not the current General Plan amendment and rezone a Butte County Department of Development Services m 9 Initial Study — Verney Chun GPA07-0002 & RE707-0001 a Page 27 of 32 m 47 6.0 ENVIRONMENTAL REFERENCE MATERIAL I. Butte County Board of Supervisors. Agricultural Preserves Map. established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 2. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983, 3. Butte County Planning Department, Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 4. Butte County Planning Department.. Butte County GIS Data. Oroville, CA: November -2001. 5, Butte County Planning Department. Earthquake and Fault Activity Map I 1-1. Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Environmental Checklist Form, Evaluation of Environmental Impact. File Number 93-15, Oroville, CA: February 8, 1993. 7. Butte County Planning Department. Erosion Potential MaI21 l l-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 8, Butte County Planning Department. Expansive Soils Map 1 l 1-3. Safety Element. Oroville, CA: CH2M Hill, 1977. 9, Butte County Planning Department, Liquefaction Potential Map 11-2. Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 10. Butte County Planning Department. Natural Fire Hazard Classes Map 1114, Safety Element. Oroville, CA: CH2M Hill, 1977. 11. Butte County Planning Department. Noise Element Map IV -1. Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 12, Butte County Planning Department. Notice of Determination. Rezone 93-15, John Mcglaughlin. Filed with State Clearinghouse, Office of Planning and Research July 13, 1993 13. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977, 14. Butte County Planning Department. School District Map. Oroville, CA. 15. Butte County Planning Department Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 16. California Department of Transportation, Traffic Operations Division. 2000 All Traffic Volumes on California State Highway System. 2001 17 California Department of Transportation, Traffic Operations Division. 1998 Truck Volumes on California State Highway System. 1998. 18. California Department of Transportation, Traffic Operations Division. 1998 All Traffic Volumes on California State Hiahwav System. 1998 19. National Flood Insurance Program, Flood Insurance Rate Maps. Federal Emergency Management Agency 1989, 20. Northwestern District Department of Water Resources. Chico Nitrate Study Map. Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 21. USGS Quad Maps. 22. Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency. 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [X] Thermalito Irrigation District [ ] BCAG [X] NOAA Fisheries [X] LAFCo [X] Assessor [ ] Development Services [ ] Chico Unified School District [X] Air Quality Management District [ ] City of Chico [ ] Sheriff [ ] City of Gridley [X] City of Oroville [ ] Town of Paradise [X] CA Department of Forestry [ ] Caltrans (Traffic) [ ] CA Central Reg. Water Quality [ ] Department of Conservation [X] CA Dept. of Fish and Game [ ] Highway Patrol ( ] Army Corps of Engineers [X] U.S. Fish & Wldlife Service [X] Agricultural Commissioner - Butte Co. Farm Bureau [ ] South Yuba Water Company [X] Feather River Recreation Dist. [ ] E.1 Medio Fire Department [.X] Oroville Union School Dist [ ] LOAPUD [ } PG&E [ ] Pacific Bell [ ] Thermalito School District ® Butte County Department of Development Services is is Initial Study - Verney Chun GPA07-0002 & REZ07-0001 a Page 28 of 32 ra 48 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROTECT: I/N,'e have reviewed the Initial Study for the Verney Cham General Plan Amendment and Rezone (APN # 031-060-054 & 031-070-084) applications. UWe hereby modify the applications on file with the Butte County Planning Department to include and incorporate all mit' ations set forth in this Initial Study. C 14 o Project Sponsor -/Project Agent Date Project Sponsor/Project Agent G:\PROJECTS\GPA\Cliun GPA07-0002\initial Study Chun GPA07-0002 & REZ07-0001 drall2 doc Date ■ Butte County Department of Development Services ■ a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 a Page 29 of 32 49 LOCATION MAP a Butte County Department of Development Services m Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ® Page 30 of 32 m All ARIAL VIEW OF PROPERTY ® Butte County Department of Development Services m ® Initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 31 of 32 m 51 7Ta7E 1T xh, 4 F -U ;TOTE -T WLTE-• RV.,:tPM*.'-:_-:-_-:. At, V124 LA001 '74E cF LV...... ..... % n; --F rA I;E ,.43:1 V �TITE SITE PLAN m Butte County Department of Development Services n a Initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 32 of'32 g 52 DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED NEGATIVE DECLARATION FOR GPA07-0002 & REZ07-0001 (Verney Chun of Tidewatchers Associates) Modifications have been made to this document after circulation to the State Clearinghouse. The modifications reflect a change in the proposed zoning of AR -5 to a staff -recommended zoning of AR -20, which reduces the number of potential single family lots from six to one. 53 COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR GPA07-0002 & REZ07-0001 (Verney Chun of Tidewatchers Associates) 1.0 PROJECT INFORMATION A. Applicant/Owner: Verney Chun of Tidewatchers Associates B. Staff Contact: Carl Durling (530) 538-7150 C. Project Name: N/A D. Project Location: On the west side of Cherokee Road lying between Cherokee Road and the Union Pacific Rail Road tracks E. Type of Application(s): General Plan change (P to A -R) and a Rezone (PQ to AR -5) F. Assessor's Parcel Number: 031-060-054 & 031-070-084 G. Project Site Size: 30.1 Acres H. Current Zoning: PQ (Public Quasi -Public I. Proposed Zoning: AR -20 (Agricultural Residential 20 -acre minimum) J. General Plan Designation: P (Public) K. Proposed General Plan Designation: AR (Agricultural Residential) L. Environmental Setting: The project site is located on the west side of Cherokee Road north of the Thermalito Power Canal (TPC) and abutting the Union Pacific Railroad line (UPRR). The area is known as Thompson Flat. The entire property was used to store the dirt generated by the digging of the Thermalito Power Canal and the UPRR rail line. A portion of the City of Oroville Corporation boundary extends north along the east side of Cherokee Road across the Thermalito Power Canal to within a few feet of the southeast corner of the property. The easterly portion of each parcel is bisected by the Lower Miocene Canal. The canal crosses Cherokee Road and provides water to the California Water Service Company (CWSC) holding pond which serves water to the City of Oroville. The undeveloped site has gentle topography, with a slope of approximately 1%. The property forms a 15 foot bench paralleling, and setback 25 feet from, Cherokee Road. South Table Mountain is in clear view from the property. The elevation of the property is approximately 325 feet above sea level. Vegetation on the site includes scattered shrubs and scrub trees and grasses. No natural drainages occur on the site. The project site is not within a 100 -year flood zone, an earthquake zone, or an airport overflight zone. The property is not within the Sphere of Influence of the City of Oroville. An examination of properties within 2,500 feet of the project site finds that there are no projects that are either in the process of being, or anticipated to be, further subdivided. Therefore, cumulative projects have been determined not to be cumulatively considerable. M. Surrounding Land Uses: Land uses consist of large vacant parcels on the south, east and west owned either by the State of California or by CWSC. There is a cluster of homes on properties on either side of Cherokee Road near the UPRR overcrossing. The entire north side of the property is bounded by the 250 ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 1 of 26 ■ 54 foot wide, 30 to 80 foot deep, UPRR right-of-way. North across the UPRR property is a vacant parcel under public ownership, and one private parcel with a single family dwelling. Direction General Plan Designation Zoning Existing Land Use(s) North Grazing and Open Land/Public FR -40 and P UPRR, vacant public lands, one residence South Public P -Q State Lands and Thermalito Canal East Public P -Q State Lands West Public P -Q State Lands and UPRR below grade N. Proiect Description: This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to AR -20 (Agricultural Residential 20 - acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone to AR -20, the rezone is consistent with the proposed General Plan designation of AR, and would allow one single family dwelling. A conditional zoning agreement is proposed to limit development to one single family home on the two existing lots, until such time as appropriate sewage disposal can be achieved consistent with County regulations. Sewage disposal for one future dwelling would be provided by an individual, on- site septic system. Domestic water would be provided by private wells. Access to the site would be from Cherokee Road, which is a public road. For the purposes of this initial study, the project is presumed to be composed of the General Plan Amendment and Rezoning, Modifications have been made to this initial study after circulation to the State Clearinghouse. The modifications reflect a change in the proposed zoning of AR -5 to a staff -recommended zoning of AR -20, which reduces the number of potential single family lots from six to one. The staff -recommended zoning is consistent with the proposed General Plan designation of AR (Agricultural Residential) and is evaluated herein. O. Public Agency Approvals: Butte County Planning Division Butte County Building Division Butte County Fire Department/CDF Butte County Environmental Health Division Butte County Public Works Department 2.0 DETERMINATION [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [ ] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 2 of 26 . 55 [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 01 Prepared by: 44 ling, Associate Planner Date Reviewed b . S cey Jo 1' ciple Planner rn Date 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. [ ] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [ ] 4.3 Air Quality [ ] 4.4 Biological Resources [ ] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [ ] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ ] 4.17 Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project -specific screening analysis.) , 2) All answers must take account of the whole action involved including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 3 of 26 ■ 5) "Reviewed Under Previous Document." Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIC/VISUAL RESOURCES: Impact Discussion: The project site is located on Cherokee Road, which is not designated as a State or County scenic highway (Butte County Scenic Highway Map). The south bluff of Table Mountain considered a significant scenic view and is visible from the site. This project would not significantly impact views of Table Mountain by residents of subdivisions within the City located south across the Canal because project homes would be at approximately the same elevation. . ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 4 of 26 ■ 57 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic X buildings within a state scenic highway? c. Substantially degrade the existing visual character or X quality of the site and its surroundings? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views X in the area? Impact Discussion: The project site is located on Cherokee Road, which is not designated as a State or County scenic highway (Butte County Scenic Highway Map). The south bluff of Table Mountain considered a significant scenic view and is visible from the site. This project would not significantly impact views of Table Mountain by residents of subdivisions within the City located south across the Canal because project homes would be at approximately the same elevation. . ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 4 of 26 ■ 57 The project site consists of undeveloped property and is predominantly grass land with scattered shrubs and scrub trees. The proposed general plan and rezone to AR -20 would result in one single-family dwelling. Residential development on the site would introduce new visual elements, such as accessory structures, and lighting, which would change existing off-site views. The one home allowed by the GPA/REZ would not be readily visible to the traveling public on Cherokee Road because of the 15 to 20 foot elevation difference of the property and road elevations. This is a less than significant impact. The future home on the project site would have normal exterior household lighting. These lights are not expected to create any significant impacts due to the low density of the future project. Street lighting is not required. Residential development of the site would be consistent with surrounding and nearby parcels. No substantial conflicts with the established character or function of the surrounding community are anticipated. Construction of a typical residential home causes short-term visual consequences. Grading operations and construction activities create a visual impact, and construction debris, rubbish and trash can accumulate on construction sites and are unsightly if visible from public streets. The completion of the project improvements would eliminate the short-term visual impacts of the grading and construction operations. This is a less than significant impact. Mitigation Measure: None required. 4.2 AGRICULTURE RESOURCES: Impact Discussion: In June 2007 the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency issued the Important Farmlands Map for Butte County identifying Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Grazing land. This map also identifies approximately 42% of the land in the County as either: Agricultural Land Not Yet Classified, Urban and Built-up Land, Other Land, and Water. This map is based on a soil survey completed in 2006 and 2004 farmlands mapping data. The above referenced map indicates the subject property as "Grazing Land". This designation is described as: Land on which the existing vegetation is suited to the grazing of livestock. The minimum mapping unit is 40 acres. The minimum mapping unit for Grazing Land is 40 acres. The project site is currently designated P (Public) by the Butte County General Plan and is zoned P -Q (Quasi Public). This land use designation would allow as permitted uses public facilities such as a public hospital, county facility, and public schools. The requested AR -20 zoning also permits agricultural uses as accessory uses to the main dwelling. Soils on the project site have a Soil Conservation Service classification of Excavated Material, which are not prime agricultural soils and have limitations that make them generally adequate only for livestock grazing. The property is covered with extensive grass land, and is not currently used for cultivated crop production ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 5 of 26 ■ 58 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the X Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or X a Williamson Act Contract? c. Involve other changes in the existing environment which, due to their location or nature, could result in X conversion of Farmland, to non-agricultural use? Impact Discussion: In June 2007 the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency issued the Important Farmlands Map for Butte County identifying Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Grazing land. This map also identifies approximately 42% of the land in the County as either: Agricultural Land Not Yet Classified, Urban and Built-up Land, Other Land, and Water. This map is based on a soil survey completed in 2006 and 2004 farmlands mapping data. The above referenced map indicates the subject property as "Grazing Land". This designation is described as: Land on which the existing vegetation is suited to the grazing of livestock. The minimum mapping unit is 40 acres. The minimum mapping unit for Grazing Land is 40 acres. The project site is currently designated P (Public) by the Butte County General Plan and is zoned P -Q (Quasi Public). This land use designation would allow as permitted uses public facilities such as a public hospital, county facility, and public schools. The requested AR -20 zoning also permits agricultural uses as accessory uses to the main dwelling. Soils on the project site have a Soil Conservation Service classification of Excavated Material, which are not prime agricultural soils and have limitations that make them generally adequate only for livestock grazing. The property is covered with extensive grass land, and is not currently used for cultivated crop production ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 5 of 26 ■ 58 or livestock grazing, nor does it appear to have ever been utilized for agricultural uses. None of the adjacent land on the east, west and south is utilized for agriculture and the project site is not designated as Prime or Unique Farmland, or Farmland of Statewide Importance (California Resource Agency). One of the properties north across the 250 foot wide UPRR right-of-way is under a California Land Conservation Act agreement ("Williamson Act"). A 300 foot buffer is required. However, only 50 feet of this buffer actually encumbers the property along the UPRR. As a part of the processing of this project, comments were sought from the Butte County Agricultural Commissioner's office. The Agricultural Commissioner's office stated that the project would not have any impacts to agricultural lands or operations with enforcement of the buffer. The buffer is required by Butte County Code as part of any building permit for dwellings. The project would have no impact on agricultural resources. Mitigation Measure: None required. 4.3 AIR QUALITY: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the X applicable air qualityplan? b. Violate any air quality standard or contribute substantially to an existing or projected air quality X violation. c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient X air quality standard (including releasing emissions which exceed quantitative thresholds for ozoneprecursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial X number ofpeople? Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "nonattainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone and fine particulate matter (PM). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. Butte County and the project site are within the NSVAB. The region's air pollution management is guided by the Basin's 2003 Air Quality Attainment Plan and includes a number of feasible control measures. Butte County, under the auspices of the Butte County Air Quality Management District (BCAQMD), has adopted some, but not all, of these measures. Construction activities are also a source of organic gas emissions. Although construction -related sources are mobile and transient in nature, various diesel -powered vehicles and equipment are in use during construction. In this instance, however, health risks from construction -related diesel particulate would be less -than -significant because at most one dwelling could be developed at the project site, resulting in temporary building activities that would occur in a low density rural area. The Butte County Air Quality Management District (BCAQMD) released the CEQA Air Quality Handbook: Guidelines for Assessing Air Quality Impacts for projects subject to CEQA Review (CEQA Handbook), which was ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 6 of 26 ■ 59 approved January 24, 2008. The document establishes thresholds of significance for projects based on project size and/or projected emissions. The thresholds were analyzed for conformance with CEQA Guidelines §15382. The districts four categories of evaluation are: 1. Comparison of calculated project emissions to the Districts emission thresholds; 2. Consistency with the most recent Air Quality Attainment Plan (AQAP) for Butte County; 3. Comparison of predicted ambient pollutant concentrations resulting from the project to State and Federal health standards, where applicable; and 4. The evaluation of special conditions which apply to certain projects, such as public exposure to toxic air contaminants. Table 2-1 of the CEQA Handbook lists the thresholds of significance, the CEQA level of significance, and the environmental document type requirement. See table below. Table 2-1: Thresholds of Significance for Critical Pollutants of Concern Pollutant Level A Level B Level C NOx <25 lbs/day >25 lbs/day > 137 lbs/day ROG S25 lbs/day >25 lbs/day >137 lbs/day PMI0 :580 lbs/day >80 lbs/day >137 lbs/day Level of Significance Potentially Significant Potentially Significant Significant Impacts impacts Impacts Environmental Mitigated Negative Document Declaration (MND) or Mitigated ND or EIR EIR ND Source: BCAQMD CEQA Handbook This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to AR -20 (Agricultural Residential 20 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone to AR -20, the rezone is consistent with the proposed General Plan designation of AR, and would allow one single family dwelling. A conditional zoning agreement is proposed to limit development to one single family home on the two existing lots, until such time as appropriate sewage disposal can be achieved consistent with County regulations. Table 1-1 (Screening Criteria for Project Air Quality Impacts) lists the established thresholds based on land use. The threshold for a single family residential project is 120 units. This project has the potential for one single-family residence, resulting in a "Level A" threshold of significance. Standard mitigation measures guidelines for "Level A" are in Section 5 of the CEQA Handbook. Based on the information above, this project will not conflict with or obstruct any air quality plan. The daily vehicular traffic that could result in the addition of one residence -would constitute a less than significant impact on air quality given the low-density character of the surrounding area, the lack of congestion on local roads, the very small size of the project, and when compared to the permitted uses under the current P -Q zoning. Concentrations of pollutants are related in part to levels of traffic congestion along streets and at intersections. Additional project -generated traffic of about 9.6 vehicular trips per day would not increase either traffic volumes on the local street network or carbon monoxide and other vehicle -related emissions along local roadways to the extent it would constitute a measurable impact to air quality. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 7 of 26 ■ 60 4.4 BIOLOGICAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status X species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, X regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, X vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory X wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree X reservation policy ordinance? E Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation X Plan, or other approved local, regional, or state habitat conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, X threatened, or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, X amphibians, fish or invertebrates)? i. A deterioration of existing fish or wildlife habitat (for X foraging, breeding, roosting, nesting, etc.)? j. Introduction of barriers to movement of any resident X or migratory fish or wildlife species? k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could X hinder the normal activities of wildlife? This initial study evaluates the environmental effects of a General Plan amendment and rezone which would not result in additional parcels. This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to AR -20 (Agricultural Residential 20 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone to AR -20, the rezone is consistent with the proposed General Plan designation of AR, and would allow one single family dwelling. A ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 8 of 26 ■ 61 conditional zoning agreement is proposed to limit development to one single family home on the two existing lots, until such time as appropriate sewage disposal can be achieved consistent with County regulations. Impact Discussion: The project site is located on the west side of Cherokee Road north of the Thermalito Power Canal (TPC) and abutting the Union Pacific Railroad line (UPRR). The area is known as Thompson Flat. The entire property was used as a repository of the soil generated by the excavation of the Thermalito Power Canal and the UPRR rail line. The property is covered by annual grasses with a scattering of small scrub oak trees located mainly along the north boundary line and against the UPRR right-of-way. Some small quantities of riparian vegetation are found along the Miocene Canal located at two places. The vegetation is located entirely within the depression of the Canal itself, which is owned and operated by California Water Service. The California Natural Diversity Database (CNDDB Rarefrid 2, Government Version, Jan -02-2003) was reviewed to determine if any special status species or habitats are known to occur on the project site or in the project area. The CNDDB showed no occurrences of any special status species on the project site or in the project area. However, the easterly portion of each parcel is bisected by the Lower Miocene Canal. The canal crosses Cherokee Road and provides water to the California Water Service Company (CWSC) holding pond which serves water to the City of Ciroville. This canal has existed in its present route for many years. Flora of various species is established along this canal and provides cover and a food source for fauna. Future development of the project will have an impact to fish and/or wildlife due to the introduction of human development. Therefore it is determined that the collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, local policies or ordinances protecting biological resources, or other approved local, regional, or state habitat conservation plan as there are no adopted plans affecting the project site. Mitigation Measure: None required. 4.5 CULTURAL RESOURCES: Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is located in an area considered to have a low to moderate archeological sensitivity. Soil excavated to create the Thermalito Power Canal and the UPRR right-of-way was ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 9 of 26 ■ 62 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance X of a historical resource as defined in § 15064.5? b. Cause a substantial adverse change in the significance of X an archaeological resource pursuant to § 15064.5? c. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is located in an area considered to have a low to moderate archeological sensitivity. Soil excavated to create the Thermalito Power Canal and the UPRR right-of-way was ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 9 of 26 ■ 62 taken from areas known to be inhabited at one time by Native Americans. There is a reasonable possibility that the excavation could have also removed historic cultural resources. Grading and other soil disturbance activities on the project site in relation to future residential development have the potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during development activities of a permitted single family home on the project site, the State Health and Safety Code Section 7050.5 requires notification of the local coroner if remains are disturbed. Mitigation Measure: None required. 4.6 GEOLOGIC PROCESSES: Impact Discussion: The Seismic Safety Element of the Butte County General Plan (1977) notes that all of Butte County is in Moderate Earthquake Intensity Zone VIII (although local intensities could vary from Zone VII to Zone IX (California Division of Mines and Geology, 1995). The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault along which, on August 1, 1975, a Richter magnitude 5.7 Oroville earthquake resulted in approximately 2.2 miles of ground rupture along the western flank of the Cleveland Hills fault. While the eastern border of the project site is, at its closest, approximately 7,700 feet west of the Cleveland Hills fault, it is not within the surrounding Alquist-Priolo special studies zone as identified by Butte County GIS data from the California Department of Mines and Geology (1995). There are also several inferred faults to the east and west. Like much of California, the project site can be expected to be subjected to seismic ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 10 of 26 ■ 63 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the X State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, X and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating X substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal X system where sewers are not available for the disposal or waste water? Impact Discussion: The Seismic Safety Element of the Butte County General Plan (1977) notes that all of Butte County is in Moderate Earthquake Intensity Zone VIII (although local intensities could vary from Zone VII to Zone IX (California Division of Mines and Geology, 1995). The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault along which, on August 1, 1975, a Richter magnitude 5.7 Oroville earthquake resulted in approximately 2.2 miles of ground rupture along the western flank of the Cleveland Hills fault. While the eastern border of the project site is, at its closest, approximately 7,700 feet west of the Cleveland Hills fault, it is not within the surrounding Alquist-Priolo special studies zone as identified by Butte County GIS data from the California Department of Mines and Geology (1995). There are also several inferred faults to the east and west. Like much of California, the project site can be expected to be subjected to seismic ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 10 of 26 ■ 63 ground shaking at some future time. Accordingly, all buildings and other improvements will be designed and installed in accordance with Uniform Building Code requirements. Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings, pipes, light poles, roadways, and other improvements would be designed and installed in accordance with Uniform Building requirements. Because the project site appears to be located such that the probability of significant groundshaking is low, and because the future structures on the project site would be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be less than significant. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a low potential for liquefaction. The impact would be less than significant. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a moderate potential for landslides in this area. The lack of steep slopes on the project site and on the surrounding parcels would not put the project site at risk of a landslide. Grading standards required to be met for the issuance of a building permit would reduce any potential impact. The soil erosion potential for the project site is moderate, according to Butte County General Plan GIS data. The soils on the project site — compacted excavated material - are not prone to soil erosion. The project site contains very gentle slopes that generally would not be at risk of significant erosion. Large amounts of grading associated with future residential development on the site are not expected due to the gentle slopes on the site and due to the low density of development. Additionally, the use of standard construction techniques would prevent any significant erosion occurring from the site. The Conservation Element's Expansive Soils Map indicates that there is a high expansive soil potential on the project site. As of January 1, 2008 and per CBC 1802.2.7, the Butte County Building Division requires soil tests prior to issuance of a building permit to determine the site soils' particular expansive potential, and will ensure that the foundations of all new structures are designed to adequately perform according to the shrink/swell characteristics determined for the building site. Development enabled by the project would thus have a less than significant impact with regards to risks to life and property due to expansive soils. Sewage disposal for a single-family dwelling on the site would be handled by an individual, on-site septic system. The Environmental Health Department has determined that soil on the project site is not adequate for multiple septic systems due to the poor quality of soil. A conditional zoning agreement is proposed with the project to limit development to one single family home on the two existing lots, until such time as appropriate sewage disposal can be achieved consistent with County regulations. Limiting development of the 30.1 acre parcel to one single-family home until suitable septic disposal is available is found to have less than a significant impact. Mitigation Measure: None required. 4.7 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or X disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 11 of 26 ■ 64 Would the proposal: Potentially Less Than Less Than No Reviewed Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, X would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the X project result in a safety hazard for people residing or working in the project area? L For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people X residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency X evacuationplan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including X where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Impact Discussion: The project site is not located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 (Cortese List) and is not near any listed sites or sites known or suspected to contain hazardous materials. The project does not involve the use of hazardous materials and would not create any hazardous materials. No impact is anticipated. The property is not located within the vicinity of an airport, airport land -use plan, or private airstrip, and does not interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated. The project is located within a State Responsibility Area for wildland fires and construction of homes in this area makes fighting wildland fires more difficult because fire resources must protect structures before wildlands. The nearest staffed fire station is Station # 63 (CDF staffed) located approximately 1.8 miles to the west at Nelson Road and County Center Drive. The CalFire/Butte County Fire Department reviewed the project and did not have any specific recommendation with regard to the general plan or rezone request. Future residential development on the project site requires that State and County Fire Safe regulations be followed. Mitigation Measure: None Required 4.8 HYDROLOGY AND WATER QUALITY: ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 12 of 26 ■ 65 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 12 of 26 ■ 65 Impact Discussion: Domestic water for future residential development on the site would be obtained from wells. The project is not expected to result in a significant reduction in ground water supplies in the project area. Residential development on the project site of a single-family home would ultimately result in the creation of new impervious surfaces, such as, accessory structures, and driveways. While the amount of impervious surface area is generally small and the amount of runoff is expected to be minimal, a construction Storm Water Permit will be required by the State Water Resources Control Board if any development on the site results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. Development of the project site with a single-family home may not trigger the need for the Storm Water Permit. There are no natural drainages on the project site. The Miocene Canal is located on the site. No impacts are expected to occur to the Canal because of the easement setback established along the canal. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 13 of 26 ■ 66 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge X requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production X rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course X of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or X amount of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide substantial additional sources of polluted runoff? E Otherwise substantially degrade waterquality? X g. Place housing within a 100 -year flood hazard area as mapped by Federal Flood Hazard Boundary, Flood X Insurance Rate Map, or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures X which would impede or redirect flood flows? i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as X a result of the failure of a levee or dam? LJ. Inundation by seiche, tsunami, or mudflow? X Impact Discussion: Domestic water for future residential development on the site would be obtained from wells. The project is not expected to result in a significant reduction in ground water supplies in the project area. Residential development on the project site of a single-family home would ultimately result in the creation of new impervious surfaces, such as, accessory structures, and driveways. While the amount of impervious surface area is generally small and the amount of runoff is expected to be minimal, a construction Storm Water Permit will be required by the State Water Resources Control Board if any development on the site results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. Development of the project site with a single-family home may not trigger the need for the Storm Water Permit. There are no natural drainages on the project site. The Miocene Canal is located on the site. No impacts are expected to occur to the Canal because of the easement setback established along the canal. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 13 of 26 ■ 66 The project site is not located within a 100 -year flood zone or 500 -year flood zone as shown on Butte County GIS maps, which are based on Federal Emergency Management Agency Flood Insurance Rate Map 06007C -0795-C, dated June 8, 1998. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact would occur with respect to these natural hazards. This initial study evaluates the environmental effects of a General Plan amendment and rezone to AR -20 and finds that the addition of one single-family home will not result in significant environmental impacts to hydrology and water quality. Mitigation Measure: None required. 4.9 LAND USE: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general X plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation X plan or natural community conservationplan? Impact Discussion: The property is currently designated as Public (P) in the Butte County General Plan Land Use Element. The only consistent zone listed for this designation is P -Q (Public or Quasi Public). There are no conditionally consistent zones listed. There is no minimum parcel size. Permitted uses listed under the Public designation of the Land Use Element include large facilities owned and operated by government agencies such as government buildings, hospitals, recreation facilities, and fire stations. The two parcels comprising the subject property were sold into private ownership; public land use designations no longer appear appropriate for reasonable use of the land. This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to AR -20 (Agricultural Residential 20 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone to AR -20, the rezone is consistent with the proposed General Plan designation of AR, and would allow one single family dwelling. A conditional zoning agreement is proposed to limit development to one single family home on the two existing lots, until such time as appropriate sewage disposal can be achieved consistent with County regulations. The Agricultural -Residential General Plan land use designation states that a consistent parcel size is 20 acres or greater in size; the change in zoning to AR -20 is consistent with the General Plan. Based upon the above, the project can be considered to be consistent with the Agricultural Residential General Plan land use designation. The property is not within a habitat conservation plan or natural community conservation plan because no such plan exists for the area. No impact would be incurred. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 14 of 26 ■ 67 4.10 MINERAL RESOURCES: Impact Discussion: Oroville was started as a mining community during the middle of the 19fl' Century, with most of the mines located to the north of the town. Gold was the primary mineral being mined. No large scale mining operations have occurred in the Oroville area for over 60 years. No mining operations occurred on the project site. The proposed General Plan and Rezone project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. A future subdivision or parcel created under this zoning would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required. 4.11 NOISE: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X X residents of the state? b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local X X general plan, specific plan, or other land useplan? Impact Discussion: Oroville was started as a mining community during the middle of the 19fl' Century, with most of the mines located to the north of the town. Gold was the primary mineral being mined. No large scale mining operations have occurred in the Oroville area for over 60 years. No mining operations occurred on the project site. The proposed General Plan and Rezone project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. A future subdivision or parcel created under this zoning would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required. 4.11 NOISE: ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 15 of 26 ■ 68 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan X or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive X ground borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing X without theproject? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above X levels existing without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, X would the project expose people residing or working in the project area to excessive noise levels? L For a project within the vicinity of a private airstrip, would the project expose people residing or working X in the project area to excessive noise levels? ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 15 of 26 ■ 68 Impact Discussion: Noise is usually defined as unwanted sound. It is an undesirable by-product of society's normal day-to-day activities. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The definition of noise as unwanted sound implies that it has an adverse effect on people and their environment. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). Noise sources occur in two forms: (1) point sources, such as stationary equipment, loudspeakers, or individual motor vehicles; and (2) line sources, such as a roadway with a large number of point sources (motor vehicles). Sound generated by a point source typically diminishes (attenuates) at a rate of 6.0 dB(A) for each doubling of distance from the source to the receptor at acoustically "hard" sites and 7.5 dB(A) at acoustically "soft" sites. For example, a 60-dB(A) noise level measured at 50 feet from a point source at an acoustically hard site would be 54 dB(A) at 100 feet from the source and 48 dB(A) at 200 feet from the source. Sound generated by a line source typically attenuates at a rate of 3.0 dB(A) and 4.5 dB(A) per doubling of distance from the source to the receptor for hard and soft sites, respectively. Sound levels can also be attenuated by man-made or natural barriers. Sensitive receptors are facilities where sensitive receptor population groups (children, the elderly, the acutely ill and the chronically ill) are likely to be located. These land uses include residences, schools, playgrounds, child care centers, retirement homes, convalescent homes, hospitals and medical clinics. Noise -sensitive receptors in the project area include dwellings that are adjacent to the project site. The project site is located in a rural residential area with generally low noise levels and is not subject to any significant continuous noise. Noise from train travel on the UPRR is periodic and muffled by the tracks being below grade. Vehicular traffic noise and noise from residential uses are the dominant sources of noise in the vicinity of, the project site. Uses associated with this project, or any future subdivision or parcel map, would not create a significant increase in ambient noise levels within or in proximity to the project site. Noise from the project would be compatible with the existing noise environment which is dominated by rural residential uses and vehicle traffic similar to that anticipated from this project. The Butte County General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given the rural nature of the project site and distance to other existing residential structures, the impact of construction noise will be less than significant on nearby residences. Because of the small increment of traffic added to the local roadways, the project would not significantly affect future traffic noise levels. The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact would occur. Mitigation Measure: None required. 4.12 HOUSING: ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 16 of 26 ■ 69 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and X businesses) or indirectly (for example, through extension of roads or other infrastructure? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 16 of 26 ■ 69 Impact Discussion: Butte County population has grown at a rate at or below official population projections for the past 10 years. Projected population for 2000 was 207,159, while the actual census population was 203,171. The growth rate for Butte County between the 1990 and 2000 was 11.6%, or 1.1% per year. The proposed rezone would result in the potential for one single-family home on the project site. Thus, the project has the potential to add an estimated 2.414 people to Butte County (one dwelling unit at 2.414 persons/unit — assuming all occupants are new residents to Butte County). This is not considered a significant amount and is consistent with the estimated 2% annual growth rate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with most of the surrounding area. The project would not displace individuals or housing. No impact would occur. Mitigation Measure: None required 4.13 PUBLIC SERVICES: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with - Impact Previous Mitigation Document Incorporated c. Displace substantial numbers of people, necessitating X the construction of replacement housing elsewhere? Impact Discussion: Butte County population has grown at a rate at or below official population projections for the past 10 years. Projected population for 2000 was 207,159, while the actual census population was 203,171. The growth rate for Butte County between the 1990 and 2000 was 11.6%, or 1.1% per year. The proposed rezone would result in the potential for one single-family home on the project site. Thus, the project has the potential to add an estimated 2.414 people to Butte County (one dwelling unit at 2.414 persons/unit — assuming all occupants are new residents to Butte County). This is not considered a significant amount and is consistent with the estimated 2% annual growth rate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with most of the surrounding area. The project would not displace individuals or housing. No impact would occur. Mitigation Measure: None required 4.13 PUBLIC SERVICES: Impact Discussion: This project is a request for a change in the General Plan from P (Public) to AR (Agricultural - Residential) and a rezone from P -Q (Public -Quasi Public) to AR -20 (Agricultural Residential 20 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone to AR -20, the rezone is consistent with the proposed General Plan designation of AR, and would allow one single family dwelling. A conditional zoning agreement is proposed to limit development to one single family home on the two existing lots, until such time as appropriate sewage disposal can be achieved consistent with County regulations. The project site is located in an area designated as having a high to very high fire hazard according to GIS data from the California Division of Forestry. This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to AR -20 (Agricultural Residential 20 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone to AR -20, the rezone is consistent with the proposed General Plan designation of AR, and would allow one single family dwelling. A conditional zoning agreement is proposed to limit development to one single family home on the two existing lots, ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 17 of 26 ■ 70 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities, the construction of which X could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X L Other public services? X Impact Discussion: This project is a request for a change in the General Plan from P (Public) to AR (Agricultural - Residential) and a rezone from P -Q (Public -Quasi Public) to AR -20 (Agricultural Residential 20 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone to AR -20, the rezone is consistent with the proposed General Plan designation of AR, and would allow one single family dwelling. A conditional zoning agreement is proposed to limit development to one single family home on the two existing lots, until such time as appropriate sewage disposal can be achieved consistent with County regulations. The project site is located in an area designated as having a high to very high fire hazard according to GIS data from the California Division of Forestry. This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to AR -20 (Agricultural Residential 20 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone to AR -20, the rezone is consistent with the proposed General Plan designation of AR, and would allow one single family dwelling. A conditional zoning agreement is proposed to limit development to one single family home on the two existing lots, ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 17 of 26 ■ 70 until such time as appropriate sewage disposal can be achieved consistent with County regulations. This incremental increase in demand for fire protection services is less than significant. The CalFireButte County Fire Department states that cumulative development in rural areas would impact their ability to provide fire protection services. This agency states that the installation of automatic fire suppression sprinkler systems in residential structures, the use of fire resistant building materials and the availability of water supply systems would reduce the demand for fire protection services. This rezone project has the potential to create one single-family residence, which would result in an incremental increase in demand for police protection services. The Butte County Sheriffs Office provides law enforcement service to the area. The cumulative increase of residential development in the County impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. Butte CountyCode requires that Sheriffs facilities fees be paid prior to issuance of a building permit for a dwelling unit placed on the project site. The current Sheriff's impact fee for a dwelling unit is $360.00. With the payment of the Sheriffs impact fees the impacts to police protection services would be reduced to a less than significant level. The proposal would result in an incremental demand for school facilities in the area. The project site is located in the Oroville Union School District and the Thermalito Union School District, and the nearest school is the Nelson Avenue Elementary School (grades K-8), located approximately 2 miles to the west of the project site. Oroville High school is located in the City of Oroville and school bus service is available in the project area. The project could result in an incremental increase in demand for school facilities in the Palermo Union Elementary and Oroville Union High School Districts. A development impact fee for school facilities must be paid prior to issuance of building permits with fees determined according to the square footage of a dwelling's living area. While school districts maintain that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees or mitigation by state legislation. The project would result in the potential development of one single-family dwelling, which would not create significant impacts to area parks and facilities. A less than significant impact is anticipated to other public services. Mitigation Measure: None required. 4.14 RECREATION: Impact Discussion: The project site is located within the Feather River Recreation and Park District. No public or private recreational facilities are location on or near the project site. The site is located near the Thermalito Forbay Lake and park, the Feather River recreation area, where numerous recreation opportunities can be found. No recreation facilities are proposed as part of this project. This rezone project, which would permit one single-family dwelling, is not expected to have a significant impact on any existing recreational facilities. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 18 of 26 ■ 71 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such X that substantial physical deterioration of the facility would occur or be accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities X which might have an adverse physical effect on the environment? Impact Discussion: The project site is located within the Feather River Recreation and Park District. No public or private recreational facilities are location on or near the project site. The site is located near the Thermalito Forbay Lake and park, the Feather River recreation area, where numerous recreation opportunities can be found. No recreation facilities are proposed as part of this project. This rezone project, which would permit one single-family dwelling, is not expected to have a significant impact on any existing recreational facilities. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 18 of 26 ■ 71 Mitigation Measure: None required. 4.15 TRANSPORTATION/TRAFFIC: Impact Discussion: The project site fronts on Cherokee Road, which is a public road, and is of adequate width to provide for two-way traffic. Cherokee Road along the project site carries only local traffic and has a low vehicle count. The proposed rezone to AR -20 has the potential to create one single-family dwelling which would generate approximately 9.55 vehicle trips per day (Institute of Traffic Engineers Trip Generation Manuan, although dwellings in rural areas typically generate less than 9.55 vehicle trips per day. Butte County Code Section 24-240 (b) requires two off-street spaces per dwelling. The single-family dwelling would have sufficient area to meet this requirement on the 30.1 acre property. This proposed rezone would not conflict with accepted policies, plans or programs supporting alternative transportation. Mitigation Measure: None required. 4.16 UTILITIES AND SERVICE SYSTEMS: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in X relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in X either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in X location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or X incompatible uses e.g., farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus X turnouts, bicycle racks)? Impact Discussion: The project site fronts on Cherokee Road, which is a public road, and is of adequate width to provide for two-way traffic. Cherokee Road along the project site carries only local traffic and has a low vehicle count. The proposed rezone to AR -20 has the potential to create one single-family dwelling which would generate approximately 9.55 vehicle trips per day (Institute of Traffic Engineers Trip Generation Manuan, although dwellings in rural areas typically generate less than 9.55 vehicle trips per day. Butte County Code Section 24-240 (b) requires two off-street spaces per dwelling. The single-family dwelling would have sufficient area to meet this requirement on the 30.1 acre property. This proposed rezone would not conflict with accepted policies, plans or programs supporting alternative transportation. Mitigation Measure: None required. 4.16 UTILITIES AND SERVICE SYSTEMS: ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 19 of 26 ■ 72 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 19 of 26 ■ 72 Impact Discussion: The proposed project would include an individual septic system for sewage disposal. The project would not have an impact on any wastewater treatment facilities because an individual septic system would be utilized. Domestic water would be obtained from individual wells. Some on and off-site storm water drainage improvements may be required due to development of the project site. No significant environmental impacts would be anticipated because drainage improvements do not appear to be extensive. The Butte County Public Works Department would determine the need for on and off-site storm water facilities and would ensure the necessary improvements are installed when a proposal to divide the property is received. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste with the incorporation of mitigation measures specified below. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 20 of 26 ■ 73 Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated b. Require or result in the construction of new water or wastewater treatment facilities or expansion of X existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and X resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the X project's projected demand in addition to the provider's existing commitments? L Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste X disposal needs? g. Comply with federal, state, and local statutes, and X regulations related to solid waste? Impact Discussion: The proposed project would include an individual septic system for sewage disposal. The project would not have an impact on any wastewater treatment facilities because an individual septic system would be utilized. Domestic water would be obtained from individual wells. Some on and off-site storm water drainage improvements may be required due to development of the project site. No significant environmental impacts would be anticipated because drainage improvements do not appear to be extensive. The Butte County Public Works Department would determine the need for on and off-site storm water facilities and would ensure the necessary improvements are installed when a proposal to divide the property is received. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste with the incorporation of mitigation measures specified below. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 20 of 26 ■ 73 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (SECTION 15065: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with , Impact Previous Mitigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal X community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history orprehistory? b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection X with the effects of past projects, the effects of other current projects and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human X beings, either directly or indirectly? The project has no potential to contribute impacts that are either individually limited, or cumulatively considerable, with respect to Initial Study Checklist Items. Cumulative Impact Analysis An examination of properties within 2,500 feet of the project site finds that there are no projects that are either in the process of being, or anticipated to be, further subdivide. Therefore, cumulative projects have been determined not to be cumulatively considerable. This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to AR -20 (Agricultural Residential 20 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone to AR -20, the rezone is consistent with the proposed General Plan designation of AR, and would allow one single family dwelling. A conditional zoning agreement is proposed to limit development to one single family home on the two existing lots, until such time as appropriate sewage disposal can be achieved consistent with County regulations. The project's contribution to cumulative impacts to negligible. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in the establishment of a single-family dwelling. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 21 of 26 ■ 7 4 6.0 ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 2. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 3. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 4. Butte County Planning Department. Butte County GIS Data. Oroville, CA: November 2001. 5. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: C112M Hill, 1977. 6. Butte County Planning Department. Environmental Checklist Form, Evaluation of Environmental Impact. File Number 93-15. Oroville, CA: February 8, 1993. 7. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 10. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 11. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: C112M Hill, 1977. 12. Butte County Planning Department. Notice of Determination, Rezone 93-15, John Mcglau hg lin. Filed with State Clearinghouse, Office of Planning and Research. July 13, 1993. 13. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 14. Butte County Planning Department. School District Map. Oroville, CA. 15. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 16. California Department of Transportation, Traffic Operations Division. 2000 All Traffic Volumes on California State HighwaySystem. 2001. 17. California Department of Transportation, Trak Operations Division. 1998 Truck Volumes on California State HighwaySystem. 1998. 18. California Department of Transportation, Traffic Operations Division. 1998 All Traffic Volumes on California State Highway System. 1998. 19. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 20. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 21. USGS Quad Maps. 22. Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency. 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [X] Thermalito Irrigation District [ ] BCAG [X] NOAA Fisheries [X] LAFCo [X] Assessor [ ] Development Services [ ] Chico Unified School District [X] Air Quality Management District [ ] City of Chico [ ] Sheriff [ ] City of Gridley [X] City of Oroville [ ] Town of Paradise [X] CA Department of Forestry [ ] Caltrans (Traffic) [ ] CA Central Reg. Water Quality [ ] Department of Conservation [X] CA Dept. of Fish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [X] U.S. Fish & Wldlife Service [X] Agricultural Commissioner [ ] Butte Co. Farm Bureau [ ] South Yuba Water Company [X] Feather River Recreation Dist. [ ] El Medio Fire Department [X] Oroville Union School Dist [ ] LOAPUD ■ Butte County Department of Development Services ■ ■ Initial Study - Verney Chun GPA07-0002 & REZ07-0001 ■ Page 22 of 26 ■ 75 [ ] PG&E [ ] Pacific Bell [ ] Thermalito School District 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: YWe have reviewed the Initial Study for the Verney Chun General Plan Amendment and Rezone (APN # 031-060-054 & 031-070-084) applications. Me hereby modify the applications on file with the Butte County Planning Department to include and incorporate all mitigghons set forth in this Initial Study. P j) oject Sponsor/Project Agent e-CVA-t-Cm-CY-- Date Project Sponsor/Project Agent Date G:\PROJECTS\GPA\Chun GPA07-0002\Initial Study Chun GPA07-0002 & REZ07-0001 draftldoc ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 23 of 26 ■ 76 LOCATION MAP s Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 24 of 26 ■ 77 a � � ... � i ' -4 co I rd WX j4 A n. lb "I', ilt P st 6vt .r Ai rteL WX Is A n. lb "I', .-t st 6vt .r LEGEND BOUNDARY LINE ------- CENTER LINE --- ADJACNET PROPERTY LINES - CITY LIMIT LINE CITY PROPERTIES ASSESSOR'S PARCEL NUMBER (APN) oat-o6o-osa GENERAL PLAN GP ZONING Z STATE OF CA. WATER RESOURCES 031-030-056 8.81 AC Z: P -Q GP: P / STATE OF CA. WATER RESOURCI 031-030-057. 16.61 AC Z: UNLISTED GP: UNLISTED - - - - - - - - - - SCALE: 1"=200' �o y P,',or- RP\�ROPo 31 .R' n p9o ---�,?_C•`�`� NOT A c MARTIN BLOOM PART 031-070-002 t 9.18 AC .�g Z: AR -1 1D GP: AR 000Ao A5 USEABLE AREA .\ FOR LEAS t PROP TINT STATE OF CALIFORNIA \ \. too' LFW 11.51 AC \ NOTE: MIN. 60' ROW REQUIRED 5' 1 1 5' -2% -2i TYPICAL CROSS SECTION MINOR COLLECTORS & LOCAL ACCESS RS -3 TYPE B NTS SRN F pCIF1R0 p0 4xtoo' �LEACH LINE III U)CAMM OF -�, \ r imm- APPR07C LnCAlla+ OF i ••. 2A !45.36' Acct m Ayre�� \� N 30'19'06' E NO \ \� otm CA. WATER PROPosED WELL � SERVICE CO. • \ '� �' 31-070-07 3.36 AC \ �{ Z: P -Q GP: P ISTAY OF CALIFORNIA 031.-060-05 3.55 AC Z: P -Q GP: P LATER SERVICE CO. )31-060-006 7.02 AC z: 0-p GP: P STATE OF CALIFORNIA 031-070-065 21.37 AC Z: P -Q GP: P STATE OF CA. WATER RESOURCES ' \ 031-070-080 \ 41.23 AC \ Z: P -Q GP: P VICINITY MAP NTS NOTES: 1. EXISTING ZONING: P—Q (PUBLIC/ QUAZI PUBLIC) PROPOSED ZONING: R1 (LOW DENSITY RESIDENTIAL) 2. EXISTING GENERAL PLAN: P (PUBLIC/QUASI—PUBLIC) PROPOSED GENERAL PLAN: LOW DENSITY RESIDENTIAL 3. EXISTING USE: VACANT PROPOSED USE: SINGLE FAMILY RESIDENTIAL 4. USE BUTTE COUNTY STANDARD RS -3 TYPE A FOR CHEROKEE ROAD REZONE / GENERAL PLAN AMENDMENT SITE PLAN WITHIN SECTION 5 OF TOWNSHIP 19 NORTH, RANGE 4 EAST, M.D.B.&M., BUTTE COUNTY, CALIFORNIA. ASSESSOR'S PARCEL NUMBERS 031-060-054 & 031-070-084 AREA: 30.1 AC FOR OWNER VERNEY CHUN 630 RAVENNA TERRACE FREMONT, CA 94536 BY THE ENGINEERING GROUP, INC. TIMOTHY C. WOOD, R.C.E. 61779 1250 EAST AVE. SUITE 10 CHICO, CA 95926 F11 (530) 899-0409 FAX: (530) 899-0943 T)F.C'FMRF.R 2(106 SHEET' 1 OF 1 :1 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING October 13, 2008 Michael Evans �b 110 Sharp Road Oroville, CA95966 Re: REZONE: REZ07-0001 APN: 031-060-054 Dear Michael Evans: NUTTE COUNTY OC i i.3 'V8 DE VELOP1v1ENY 1 SERVICES At the regular meeting of the Butte County Planning Commission, held October 9, 2008, the Commission recommended approval to the Board of Supervisors your request for a Rezone of parcels 031-060-054 and 031- 070-084 from P -Q (Public -Quasi Public) to AR -20 (Agricultural Residential, twenty -acre minimum), and a General Plan Amendment of the parcels from P -Q (Public -Quasi Public) to AR (Agricultural Residential). LOCATION: the parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. Should you desire to appeal any of the conditions recommended by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Thursday, October 19, 2008, 10 days from meeting date, to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. 1. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees, including Fish and Game fee of $1,876.75 and an additional $14.00 for recording the Notice of Determination, are required prior to the hearing before the Board of Supervisors for your project, or provide proof of waiver of the Fish and Game fee. Prompt payment.of invoiced amounts will expedite the approval process in satisfying this condition. DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED NEGATIVE DECLARATION , FOR GPA07-0002 & REZ07-0001 (Verney Chun of Tidewatchers Associates) DRQ G(N cop? 41 sc� P °� COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY FOR GPA07-0002 & REZ07-0001 (Verney Chun of Tidewatchers Associates) 1.0 PROJECT INFORMATION A. Applicant/Owner: Verney Chun of Tidewatchers Associates B. Staff Contact: Carl Durling (530) 538-7150 C. Project Name: N/A D. Project Location: On the west side of Cherokee Road lying between Cherokee Road and the Union Pacific Rail Road tracks E. Type of Application(s): General Plan change (P to A -R) and a Rezone (PQ to AR -5) F. Assessor's Parcel Number: 031-060-054 & 031-070-084 G. Project Site Size: 30.1 Acres H. Current Zoning: PQ (Public Quasi -Public I. Proposed Zoning: AR -5 (Agricultural Residential 5 -Acre Minimum) J. General Plan Designation: P (Public) K. Proposed General Plan Designation: AR (Agricultural Residential) L. Environmental Setting: The project site is located on the west side of Cherokee Road north of the Thermalito Power Canal (TPC) and abutting the Union Pacific Railroad line (UPRR). The area is known as Thompson Flat. The entire property was used to store the dirt generated by the digging of the Thermalito Power Canal and the UPRR rail line. A portion of the City of Oroville Corporation boundary extends north along the east side of Cherokee Road across the Thermalito Power Canal to within a few feet of the southeast corner of the property. The easterly portion of each parcel is bisected by the Lower Miocene Canal. The canal crosses Cherokee Road and provides water to the California Water Service Company (CWSC) holding pond which serves water to the City of Oroville. The undeveloped site has gentle topography, with a slope of approximately 1%. The property forms a 15 foot bench paralleling, and setback 25 feet from, Cherokee Road. South Table Mountain is in clear view from the property. The elevation of the property is approximately 325 feet above sea level. Vegetation on the site includes scattered shrubs and scrub trees and grasses. No natural drainages occur on the site. The project site is not within a 100 -year flood zone, an earthquake zone, or an airport overflight zone. The property is not within the Sphere of Influence of the City of Oroville. An examination of properties within 2,500 feet of the project site finds that there are no projects that are either in the process of being, or anticipated to be, further subdivided. Therefore, cumulative projects have been determined not to be cumulatively considerable. M. Surrounding Land Uses: Land uses consist of large vacant parcels on the south, east and west owned either by the State of California or by CWSC. There is a cluster of homes on properties on either side of Cherokee Road near the UPRR overcrossing. The entire north side of the property is bounded by the 250 ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 1 of 32 ■ foot wide, 30 to 80 foot deep, UPRR right-of-way. North across the UPRR property is a vacant parcel under public ownership, and one private parcel with a single family dwelling. Direction General Plan Designation Zoning Existing Land Use(s) North Grazing and Open Land/Public FR -40 and P UPRR, vacant public lands, one SF South Public P -Q State Lands and Thermalito Canal East Public P -Q State Lands West Public P -Q State Lands and UPRR below grade N. Project Description: This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential 5 - acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone, and upon approval of a subsequent subdivision map, the project site could be divided into six parcels for single family residential use, contingent upon useable septic area being demonstrated for each parcel. Sewage disposal for future dwellings would be provided by individual, on-site, septic systems contingent on useable septic areas being demonstrated for each parcel. Domestic water would be provided by private wells. Access to the future parcels on the site would be from Cherokee Road, which is a public road. For the purposes of this initial study, the project is presumed to be composed of the General Plan Amendment and Rezoning, recognizing that a future subdivision could be proposed for up to 6 parcels, which would be subject to subsequent environmental analysis. O. Public Agency Approvals: Butte County Planning Division Butte County Building Division Butte County Fire Department/CDF Butte County Environmental Health Division Butte County Public Works Department 2.0 DETERNIINATION [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [ ] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 2 of 32 ■ } [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 1 Prepared by: earl Durling, Associate Planner Reviewed by. Stacey e, Principle Planner oY Y- ,� Dg Date pi- Date 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [ ] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [ ] 4.3 Air Quality [ ] 4.4 Biological Resources [ ] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [ ] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ ] 4.17 Mandatory Findings of Significance B. Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project -specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 3 of 32 ■ 5) "Reviewed Under Previous Document." Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation. measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIGVISUAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic X buildings within a state scenic highway? c. Substantially degrade the existing visual character or X quality of the site and its surroundings? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views X in the area? Impact Discussion: The project site is located on Cherokee Road, which is not designated as a State or County scenic highway (Butte County Scenic Highway Map). The south bluff of Table Mountain, considered a significant scenic view and is visible from the site. This project would not significantly impact views of Table Mountain by residents of subdivisions within the City located south across the Canal because project homes would be at approximately the same elevation. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 4 of 32 ■ The project site consists of undeveloped property and is predominantly grass land with scattered shrubs and scrub trees. The proposed general plan and rezone could ultimately result in six 5 -acre residential parcels. Future residential development on the site would introduce new visual elements, such as dwellings, accessory structures, and lighting, which would change existing off-site views. Homes would not be readily visible to the traveling public on Cherokee Road because of the 15 to 20 foot elevation difference of the property and road elevations. This is a less than significant impact. The future homes on the project site would have normal exterior household lighting. These lights are not expected to create any significant impacts due to the low density of the future project. Street lighting is not required. Residential development of the site would be consistent with surrounding and nearby parcels. No substantial conflicts with the established character or function of the surrounding community are anticipated. Construction of a typical residential project causes short-term visual consequences. Grading operations and construction activities create a visual impact, and construction debris, rubbish and trash can accumulate on construction sites and are unsightly if visible from public streets. The completion of the project improvements would eliminate the short-term visual impacts of the grading and construction operations. This is a less than significant impact. Mitigation Measure: None required. 4.2 AGRICULTURE RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the X California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c. Involve other changes in the existing environment which, due to their location or nature, could result in X conversion of Farmland, to non-agricultural use? Impact Discussion: In June 2007 the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency issued the Important Farmlands Map for Butte County identifying Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Grazing land. This map also identifies approximately 42% of the land in the County as either: Agricultural Land Not Yet Classified, Urban and Built-up Land, Other Land, and Water. This map is based on a soil survey completed in 2006 and 2004 farmlands mapping data. The above referenced map indicates the subject property as "Grazing Land". This designation is described as: Land on which the existing vegetation is suited to the grazing of livestock. The minimum mapping unit is.40 acres. The minimum mapping unit for Grazing Landis 40 acres. The project site is currently designated P (Public) by the Butte County General Plan and is zoned P -Q (Quasi Public). This land use designation would allow as permitted uses public facilities such as a public hospital, county facility, and public schools. The requested AR -5 zoning also permits agricultural uses as accessory uses to the main dwelling. Soils on the project site have a Soil Conservation Service classification of Excavated Material, which are not prime agricultural soils and have limitations that make them generally adequate only for livestock grazing. The property is covered with extensive grass land, and is not currently used for cultivated crop production or livestock grazing, nor does it appear to have ever been utilized for agricultural uses. None of the adjacent land on the east, ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 5 of 32 ■ west and south is utilized for agriculture and the project site is not designated as Prime or Unique Farmland, or Farmland of Statewide Importance (California Resource Agency). One of the properties north across the 250 foot wide UPRR right-of-way is under a California Land Conservation Act agreement ("Williamson Act"). A 300 foot buffer is required. However, only 50 feet of this buffer actually encumbers the property along the UPRR. As a part of the processing of this project, comments were sought from the Butte County Agricultural Commissioner's office. The Agricultural Commissioner's office stated that the project would not have any impacts to agricultural lands or operations with enforcement of the buffer. The buffer is required by Butte County Code as part of any building permit for dwellings. The project would have no impact on agricultural resources. Mitigation Measure: None required. 4.3 AIR QUALITY: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable air qualityplan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality X violation. c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient X air quality standard (including releasing emissions which exceed quantitative thresholds for ozoneprecursors)? d. Expose sensitive receptors to substantial pollutant concentrations? X e. Create objectionable odors affecting a substantial number of people? X Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "nonattainment" if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone and fine particulate matter (PM). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. Butte County and the project site,are within the NSVAB. The region's air pollution management is guided by the Basin's 2003 Air Quality Attainment Plan and includes a number of feasible control measures. Butte County, under the auspices of the Butte County Air Quality Management District (BCAQMD), has adopted some, but not all, of these measures. Construction activities are also a source of organic gas emissions. Although construction -related sources are mobile and transient in nature, various diesel -powered vehicles and equipment are in use during construction. In this instance, however, health risks from construction -related diesel particulate would be less -than -significant because at most six dwellings could be developed at the project site, resulting in temporary building activities that would occur in a low density rural area. The Butte County Air Quality Management District (BCAQMD) released the CEQA Air Quality Handbook: Guidelines for Assessing Air Quality Impacts for projects subject to CEQA Review (CEQA Handbook), which was approved January 24, 2008. The document establishes thresholds of significance for projects based on project size ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 6 of 32 ■ and/or projected emissions. The thresholds were analyzed for conformance with CEQA Guidelines §15382. The districts four categories of evaluation are: 1. Comparison of calculated project emissions to the Districts emission thresholds; 2. Consistency with the most recent Air Quality Attainment Plan (AQAP) for Butte County; 3. Comparison of predicted ambient pollutant concentrations resulting from the project to State and Federal health standards, where applicable; and 4. The evaluation of special conditions which apply to certain projects, such as public exposure to toxic air contaminants. Table 2-1 of the CEQA Handbook lists the thresholds of significance, the CEQA level of significance, and the environmental document type requirement. See table below. Table 2-1: Thresholds of Significance for Critical Pollutants of Concern Pollutant Level A Level B Level C NOx <25 lbs/day >25 lbs/day >137 lbs/day ROG 525 lbs/day >25 lbs/day > 137 lbs/day PM10 <80 lbs/day >80 lbs/day >137 lbs/day Level of Significance Potentially Significant Potentially Significant Significant Impacts impacts Impacts Environmental Mitigated Negative Document Declaration (MND) or Mitigated ND or EIR EIR ND Source: BCAQMD CEQA Handbook Table 1-1 (Screening Criteria for Project Air Quality Impacts) lists the established thresholds based on land use. The threshold for a single family residential project is 120 units. This project has the potential for six single family residences, resulting in a "Level A" threshold of significance. Standard mitigation measures guidelines for "Level A" are in Section 5 of the CEQA Handbook. The mitigation measures listed iii Section 5 are design standards for more urban residential developments, including street design, multi -modal transportation options, and building efficiency, and this standard mitigation will ensure the project has a less than significant impact on cumulative air quality. This project does not include new streets, is not at a density level to justify multi -modal transportation options. This project does not include commercial or industrial development. Based on the information above, this project will not conflict with or obstruct any air quality plan. The daily vehicular traffic that could result in the addition of six residences of an approved subdivision, each on one five acre parcel, would constitute a less than significant impact on air quality given the low-density character of the surrounding area, the lack of congestion on local roads, the relatively small size of the project, and when compared to the permitted uses under the current P -Q zoning. Concentrations of pollutants are related in part to levels of traffic congestion along streets and at intersections. Additional project -generated traffic of about 58 vehicular trips per day would not increase either traffic volumes on the local street network or carbon monoxide and other vehicle - related emissions along local roadways to the extent it would constitute a measurable impact to air quality. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 7 of 32 ■ which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: Example #1 Control Dust a) During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b) During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c) Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d) On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e) Haul vehicles transporting soil into or out of the property shall be covered. f) Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. g) Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information h) Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices i) Maintain all construction equipment in proper tune according to manufacturer's specification. j) Where feasible, give preference to utilizing the following equipment: • Electric equipment • Substitute gasoline -powered for diesel -powered equipment • Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. • Equipment that has Caterpillar pre -chamber diesel engines, as practical. • Diesel construction equipment meeting the California Air Resources Board's (CARB) 1996 or newer certification standard for off-road heavy-duty diesel engines. k) Construction workers shall park in designated parking area(s) to help reduce dust emissions." Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the future subdivision process, not the current General Plan amendment and rezone. 4.4 BIOLOGICAL RESOURCES: ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 8 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or X ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 8 of 32 ■ Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, X regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, X vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory X wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree X reservation policy ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation X Plan, or other approved local, regional, or state habitat conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, X threatened, or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, X amphibians, fish or invertebrates)? i. A deterioration of existing fish or wildlife habitat (for X foraging, breeding, roosting, nesting, etc.)? j. Introduction of barriers to movement of any resident X or migratory fish or wildlife species? k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could X hinder the normal activities of wildlife? Impact Discussion: The project site is located on the west side of Cherokee Road north of the Thermalito Power Canal (TPC) and abutting the Union Pacific Railroad line (UPRR). The area is known as Thompson Flat. The entire property was used as a repository of the soil generated by the excavation of the Thermalito Power Canal and the UPRR rail line. The property is covered by annual grasses with a scattering of small oak trees located mainly along the north boundary line and against the UPRR right-of-way. Some small quantities of riparian vegetation are found along the Miocene Canal located at two places on the site. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 9 of 32 ■ The California Natural Diversity Database (CNDDB Rarefind 2, Government Version, Jan -02-2003) was reviewed to determine if any special status species or habitats are known to occur on the project site or in the project area. The CNDDB showed no occurrences of any special status species on the project site or in the project area. However, the easterly portion of each parcel is bisected by the Lower Miocene Canal. The canal crosses Cherokee Road and provides water to the California Water Service Company (CWSC) holding pond which serves water to the City of Oroville. This canal has existed in it's present route for many years. Flora of various species are established along this canal and provide cover and a food source for fauna. Future development of the project will have an impact to fish and/or wildlife due to the introduction of human development. Therefore it is determined that the collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, local policies or ordinances protecting biological resources, or other approved local, regional, or state habitat conservation plan as there are no adopted plans affecting the project site. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: Example #2 The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "A 50 foot wide "No Development Area" encompassing the riparian area along the Miocene Canal. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "No construction (including septic tanks, leachfields, structures, fences, or dumping (including fill material), or vegetation removal and/or excavation shall occur within the `No Disturbance Area' as depicted. Limited vegetation removal necessary for flood and fire control is permissible within the `No Disturbance — Area'; however, all living and thriving native trees shall be retained and all vegetation removal shall be approved by the Department of Fish and Game prior to removal." Example #3 The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "Prior to any development activity or the issuance of any permit or approval that would result in the removing or encroaching upon oak trees on the project site (this includes the canopy drip -line of trees within the area of ground disturbance and trees subject to changes in hydrologic regime), an Oak Tree Mitigation Plan prepared by a certified arborist, registered professional forester, botanist or landscape architect shall be submitted for review and approval by the Director of Development Services or his/her designee that includes: 1) A survey showing the location of oak trees 5 inches or more in diameter at breast height, as defined by PRC §21083.4(a); 2) A plan for the mitigation of the removal of all oak trees 5 inches or more in diameter at breast height. It shall be mitigated by one or more of the following: replanting and maintaining oak trees, establishing conservation easements, contributing funds for off-site oak woodlands conservation, and/or other mitigation measures developed by Butte County. Replanting oak trees cannot account for more than one-half of the mitigation. Replanted oak trees shall be maintained for a period of seven years after they are planted. If any of the replanted oak trees die or become diseased, they shall be replaced and maintained for seven years after the new oak trees are planted; 3) A replanting schedule and diagram for trees removed or encroached upon by permit activities consistent with PRC §21083.4(b)(2), applicable mitigation measures, and Butte County Ordinance, if any, shall be submitted to and approved by the Director of Development Services or his/her designee. Replanted trees shall be planted in areas deemed appropriate by the Plan, ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 10 of 32 ■ considering future lot development, interference with foundations, fencing, roadways, driveways, and utilities. Trees planted shall be protected from livestock and other animals; 4) Oak Tree protection measures for trees to be retained within the project site shall be included in construction specifications. Each oak tree to be preserved shall be surrounded by a tree zone identified by the drip line of the tree. An orange plastic fence or other suitable type of fence shall be used to identify the tree zone during construction activities. No vegetation removal, soil disturbance, or other development activities shall occur within the tree zone in order to protect root systems and minimize compaction of the soil, unless authorized by Oak Tree Mitigation Plan; and 5) Conservation easements or funds for off-site oak woodlands conservation shall be proposed to and approved by the Director of Development Services or his/her designee. Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the future subdivision process, not the current General Plan amendment and rezone. 4.5 CULTURAL RESOURCES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? X b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? X c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d. Disturb any human remains, including those interred outside of formal cemeteries? X Impact Discussion: Cultural resources include prehistoric � and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is located in an area considered to have a low to moderate archeological sensitivity. Soil excavated to create the Thermalito Power Canal and the UPRR right-of-way was taken from areas known to be inhabited at one time by Native Americans. There is a reasonable possibility that the excavation could have also removed historic cultural resources. Grading and other soil disturbance activities on the project site in relation to future residential development have the potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during development activities on the project site, Example #5 is would requires all construction activity halt and the county Planning Division and a professional archaeologist be consulted to evaluate the find(s),It is reasonable to assume that historic artifacts could have also been moved to the property. The project site is not developed with any'buildings, but the Miocene Canal is located on the site and is an open, lined ditch, and was built numerous years ago and may be considered a significant cultural resource as defined by CEQA. Development along the canal as a result of a parcel map on the project site could create significant impacts to the canal. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 11 of 32 ■ Example #4 The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "A 50 foot wide "No Development Area" encompassing the riparian area along the Miocene Canal. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "No construction (including septic tanks, leachfields, structures, fences, or dumping (including fill material), or vegetation removal and/or excavation shall occur within the `No Disturbance Area' as depicted. Limited vegetation removal necessary for flood and fire control is permissible within the `No Disturbance — Area'; however, all living and thriving native trees shall be retained and all vegetation removal shall be approved by the Department of Fish and Game prior to removal." Example #5 The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains." Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the future subdivision process, not the current General Plan amendment and rezone. 4.6 GEOLOGIC PROCESSES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the X State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including X liquefaction? 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, X and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 12 of 32 ■ Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated d. Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating X substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal X or waste water? Impact Discussion: The Seismic Safety Element of the Butte County General Plan (1977) notes that all of Butte County is in Moderate Earthquake Intensity Zone VIII (although local intensities could vary from Zone VII to Zone IX (California Division of Mines and Geology, 1995). The site is not within an Alquist-Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault along which, on August 1, 1975, a Richter magnitude 5.7 Oroville earthquake resulted in approximately 2.2 miles of ground rupture along the western flank of the Cleveland Hills fault. While the eastern border of the project site is, at its closest, approximately 7,700 feet west of the Cleveland Hills fault, it is not within the surrounding Alquist-Priolo special studies zone as identified by Butte County GIS data from the California Department of Mines and Geology (1995). There are also several inferred faults to the east and west. Like much of California, the project site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings and other improvements will be designed and installed in accordance with Uniform Building Code requirements. Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, all buildings, pipes, light poles, roadways, and other improvements would be designed and installed in accordance with Uniform Building requirements. Because the project site appears to be located such that the probability of significant groundshaking is low, and because the future structures on the project site would be designed and installed in accordance with Uniform Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be less than significant. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a low potential for liquefaction. The impact would be less than significant. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a moderate potential for landslides in this area. The lack of steep slopes on the project site and on the surrounding parcels would not put the project site at risk of a landslide. Grading standards required to be met for the issuance of a building permit would reduce any potential impact. The soil erosion potential for the project site is moderate, according to Butte County General Plan GIS data. The soils on the project site — compacted excavated material - are not prone to soil erosion. The project site contains very gentle slopes that generally would not be at risk of significant erosion. Large amounts of grading associated with future residential development on the site are not expected due to the gentle slopes on the site and due to the low density of development. Additionally, the use of standard construction techniques would prevent any significant erosion occurring from the site. The Conservation Element's Expansive Soils Map indicates that there is a high expansive soil potential on the project site. As of January 1, 2008 and per CBC 1802.2.7, the Butte County Building Division requires soil tests prior to issuance of a building permit to determine the site soils' particular expansive potential, and will ensure that the foundations of all new structures are designed to adequately perform according to the shrink/swell characteristics determined for the building site. Development enabled by the project would thus have a less than significant impact with regards to risks to life and property due to expansive soils. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 13 of 32 ■ Sewage disposal for future dwellings on the site would be handled by individual, on-site septic systems. The Environmental Health Department has determined that soils on the project site may not be adequate for multiple septic systems due to the poor quality of soil. Future land divisions on the project site would require that adequate soil meeting the sewage disposal requirements of Appendix VII of the Butte County Improvement Standards be proven to exist on all proposed parcels. This may require soil tests. Five acre parcels are generally large enough to contain a septic system, replacement leachfield area, and a well. However, in this instance five acre parcel may not suffice. The Butte County Environmental Health Division, prior to the submittal of a parcel/subdivision map on the project site, may require necessary soil testing to prove that there is adequate soil on each proposed parcel. Alternatively, parcel sizes may need to be increased in order to meet Appendix VII requirements. All new septic systems on the project site must be installed under permit from the Butte County Environmental Health Division. Mitigation Measure: None required. 4.7 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: Potentially Less Than Less Than No Reviewed Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or X disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, X would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the X project result in a safety hazard for people residing or working in the project area? L For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people X residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency X evacuationplan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including X where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Impact Discussion: The project site is not located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 (Cortese List) and is not near any listed sites or sites known ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 14 of 32 ■ or suspected to contain hazardous materials. The project does not involve the use of hazardous materials and would not create any hazardous materials. No impact is anticipated. The property is not located within the vicinity of an airport, airport land -use plan, or private airstrip, and does not interfere with an adopted emergency response plan.or emergency evacuation plan. No impact is anticipated. The project is located within a State Responsibility Area for wildland fires and construction of homes in this area makes fighting wildland fires more difficult because fire resources must protect structures before wildlands. The nearest staffed fire station is Station # 63 (CDF staffed) located approximately 1.8 miles to the west at Neal Road and County Center Drive. The CalFireButte County Fire Department reviewed the project and did not have any specific recommendation with regard to the general plan or rezone request. Future residential development on the project site requires that State and County Fire Safe regulations be followed. Mitigation Measure: None Required 4.8 HYDROLOGY AND WATER QUALITY: ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 15 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge X requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production X rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course X of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or X amount of surface runoff in a manner which would result in flooding on- or off --site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade waterquality? X g. Place housing within a 100 -year flood hazard area as mapped by Federal Flood Hazard Boundary, Flood X Insurance Rate Map, or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures X which would impede or redirect flood flows? ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 15 of 32 ■ Impact Discussion: Domestic water for future residential development on the site would be obtained from wells. The project is not expected to result in a significant reduction in ground water supplies in the project area. Future residential development on the project site would ultimately result in the creation of new impervious surfaces, such as dwellings, accessory structures, and driveways. While the amount of impervious surface area relative to 5+ acre parcels is generally small and the amount of runoff is expected to be minimal, future land divisions on the site may require that a storm water drainage plan be approved by the Public Works Department. Additionally, a Construction Storm Water Permit will be required by the State Water Resources Control Board if any development on the site results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. Development of the project site with six 5+ acre parcels may not trigger the need for the Storm Water Permit. There are no natural drainages on the project site. The Miocene Canal is located on the site. No impacts are expected to occur to the Canal because of the future setback requirement provided by Example #2 in Section 4.4. The project site is not located within a 100 -year flood zone or 500 -year flood zone as shown on Butte County GIS maps, which are based on Federal Emergency Management Agency Flood Insurance Rate Map 06007C -0795-C, dated June 8, 1998. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact would occur with respect to these natural hazards. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: See Example #2 (Section 4.4) Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the future subdivision process, not the current General Plan amendment and rezone. 4.9 LAND USE: Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated i. Expose people or structures to a significant risk or loss, i 1 X injury, or death involving flooding, including flooding as X a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Impact Discussion: Domestic water for future residential development on the site would be obtained from wells. The project is not expected to result in a significant reduction in ground water supplies in the project area. Future residential development on the project site would ultimately result in the creation of new impervious surfaces, such as dwellings, accessory structures, and driveways. While the amount of impervious surface area relative to 5+ acre parcels is generally small and the amount of runoff is expected to be minimal, future land divisions on the site may require that a storm water drainage plan be approved by the Public Works Department. Additionally, a Construction Storm Water Permit will be required by the State Water Resources Control Board if any development on the site results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. Development of the project site with six 5+ acre parcels may not trigger the need for the Storm Water Permit. There are no natural drainages on the project site. The Miocene Canal is located on the site. No impacts are expected to occur to the Canal because of the future setback requirement provided by Example #2 in Section 4.4. The project site is not located within a 100 -year flood zone or 500 -year flood zone as shown on Butte County GIS maps, which are based on Federal Emergency Management Agency Flood Insurance Rate Map 06007C -0795-C, dated June 8, 1998. The property is not located in an area prone to seiche, tsunami, or mudflow. No impact would occur with respect to these natural hazards. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: See Example #2 (Section 4.4) Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the future subdivision process, not the current General Plan amendment and rezone. 4.9 LAND USE: ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 16 of 32 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? i 1 X ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 16 of 32 ■ Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning X ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservation Lan? X Impact Discussion: The property is designated as Public (P) in the Butte County General Plan Land Use Element. The only consistent zone listed for this designation is P -Q (Public or Quasi Public). There are no conditionally consistent zones listed. There is no minimum parcel size. Permitted uses listed under the Public designation of the Land Use Element include large facilities owned and operated by government agencies such as government buildings, hospitals, recreation facilities, and fire stations. The rezone from PQ to AR -5 would result in the potential for the creation of six 5+ acre single family residential parcels, contingent upon useable septic areas being demonstrated for each parcel. The potential 5 -acre lots would be generally consistent with the other parcels in the area which range in size from 0.60 to 1.39 acres in residential use, and publically owned parcels ranging in size from 4.24 acres to 23 acres. The Agricultural -Residential General Plan land use designation states that a consistent parcel size is 20 acres or greater in size, but does allow for a parcel size of less than five acres if five conditionally consistent criteria can be met. These five criteria and a response to each one are: Compatible with neighboring agricultural activities. The project site is not located in an intensive commercial agricultural area. No commercial agricultural uses are established on any of the surrounding parcels. The only agricultural use in the project area is livestock grazing. None of the adjoining parcels on the south, east and west have a General Plan land use designation of Orchard and Field Crops or Grazing and Open Land. However, a parcel situated north across the 250 foot wide NPRR line is designated as GOL (Grazing and Open Land), and under a CLCA contract. The Butte County Agricultural Commissioner's Office commented that this project would not have any significant impacts to agricultural operations if future development of the property adheres to the 300 foot agricultural setback, consistent with Butte County Code Section 24-286. The project is not expected to create any impacts to agricultural activities. Evidence of adequate water and sewage disposal capacity. Domestic water is proposed to be obtained from individual wells. Usable sewage disposal areas as required by Appendix VII of the Butte County Subdivision Ordinance have not been proved to exist on the proposed parcels. The soils on the project site may not be adequate to support on-site sewage disposal systems on five acre parcels. Prior to approval of any future subdivision map, useable septic areas must be proven to exist so as to service the future lots. Otherwise, Butte County Code would not allow the subdivision, and development would be limited to the one existing parcel. Availability of adequate fire protection facilities. The nearest staffed fire station is Station # 63 (CDF staffed) located approximately 1.8 miles to the west at Neal Road and County Center Drive. All new dwellings placed on the project site would be required to have interior fire sprinkler systems to help reduce impacts to fire protection services. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 17 of 32 ■ 4. Adequately maintained approved road access with sufficient capacity to service area. The project site fronts on Cherokee Road, which is a public road. Cherokee Road along the project site is of adequate width to provide for two-way traffic. Cherokee Road is a through road, and connects to Table Mountain Road to the south (in the City of Oroville). A future parcel map on the project site that would create six 5+ acre parcels has the potential to create approximately 24 vehicle trips per day, although it is expected the actual number of vehicle trips would be less due to the rural location of the project site. Reasonable accessibility to commercial services and schools. A K-8 school is located in the community of Thermalito, approximately two miles to the west of the project site. High schools are located in Oroville within approximately 2 miles to the south of the project site. School bus service is provided to these schools. Full service general stores are located in the City of Oroville. Based upon the above responses, the project can be considered to be conditionally consistent with the Agricultural Residential General Plan land use designation. The Agricultural Residential General Plan land use designation lists seven zoning factors that must be considered when determining the appropriate zoning district for a particular area. The zoning factors, along with staffs response, are: • Existing parcel sizes and residential densities Surrounding and nearby parcels range in size from 0.60 to 1.39 acres in residential use, and publically owned parcels ranging in size from 4.24 acres to 23 acres. The requested AR -5 zone would be consistent with the surrounding and nearby parcel sizes and land uses. • Slope The site is essentially flat with an average slope of approximately IX The lack of steep slopes on the site would not hinder residential development on the future parcels that may be created on the project site as a result of this rezone project. • Soil conditions and water availability The soils on the project site may not be adequate to support on-site sewage disposal systems on five acre parcels. Prior to approval of any future subdivision map, useable septic areas must be proven to exist so as to service the future lots. Otherwise, Butte County Code would not allow the subdivision, and development would be limited to the one existing parcel. The site does not contain any wetlands or vernal pools, and does not appear subject to high groundwater levels. Domestic water for any future dwellings on the site would be obtained from individual wells. Effects on adjacent uses, crop production, livestock grazing, forestry, resources extraction, and wildlife habitat This rezone to AR -5 could result in the creation of six 5+ acre parcels, each of which could be developed with a single family dwelling unit, upon approval a subdivision or parcel map. No agricultural uses, other than some cattle grazing, are found on the surrounding parcels. No mineral resources are extracted from any of the surrounding parcels. The project site does not contain any critical animal habitat. • Proximity to public roads and other public facilities. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 18 of 32 ■ The project site fronts on Cherokee Road, which is a public road. A K-8 public school is located in the community of Thermalito, approximately 2 miles from the project site. A post office is located in nearby Oroville. City and County government facilities and services are located in nearby Oroville. • Distance from airports, railroads and industrial uses. Oroville Airport is located four miles to the southwest. No public railroad services are available; however the Union Pacific Rail Road (UPRR) main line runs approximately 60 feet below grade along the north property line of the project site, and industrial uses are located in the Oroville area. These of uses would not have any impact to future residents on the project site. • Existing utilities, walkways and drainage facilities. Electrical and telephone lines are located on Cherokee Road and can easily be extended to the project site. Piped natural gas service is not available in the project site area. Water would be provided by private wells. Drainage facilities in the area are limited and generally not needed due to the low density of development in the project area. Stormwater runoff from parcels in the project area is normally directed into natural drainages. • Potential for surface cracking, landslides, and erosion Surface cracking, usually caused by expansive soils, is not a problem in the project area. The project site is not prone to landslides because it does not contain any slopes. The soils on the site are excavated material and not generally prone to erosion. • Effect on noise, traffic flow and safety, water quality, wildlife habitat and general environmental quality This rezone to AR -5 could result in the creation of six S+ acre parcels, each of which could be developed with a single family dwelling unit. The resulting residential uses would result in a minor increase in noise in the project area; but this increase would not be significant and would be compatible with the other residential uses in the project area. The increase in vehicular traffic would be minor, adding approximately 24 additional vehicular trips to the roads in the area. The roads in the project area have the capacity to handle the minor increase in traffic generated by the project. The approval of a future subdivision or parcel map on the site, consistent with Butte County Code; would have significantly less impacts than the uses permitted in the P -Q zone. • Local desires Due to its rural nature of the area, but short drive to Oroville, the area is very desirable and faces increasing pressure for additional residential development. New subdivisions have recently be constructed south across the Thermalito Power Canal, in the City of Oroville. At this time the "local desire" regarding this rezone project is not known. This rezone project requires approval by both the Planning Commission and the Board of Supervisors, both of which will hold public hearings on this project. The opportunity to present local desires will be provided at future hearings. Public hearings would also be held for any future land division on the project site. • Potential for pest insect breeding. This rezone project, and a subsequent parcel map to potentially create six S+ acre residential parcels on the project site, is not expected to create a potential for pest or insect breeding because residential uses typically do not include improvements that would be conducive to pest or insect breeding. The property is not within a habitat conservation plan or natural community conservation plan because no such plan exists for the area. No impact would be incurred. ■ Butte County Department of Development Services ■ ■'Initial Study — Verney Chun GPA07-0002 & REZ07=0001 ■ Page 19 of 32 ■ Mitigation Measure: None required. 4.10 MINERAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document a. Exposure of persons to or generation of noise levels in Incorporated a. Result in the loss of availability of a known mineral X resource that would be of value to the region and the X residents of the state? b. Result in the loss of availability of a locally -important X mineral resource recovery site delineated on a local X general plan, specific plan, or other land useplan? Impact Discussion: Oroville was started as a mining community during the middle of the 19'' Century, with most of the mines located to the north of the town. Gold was the primary mineral being mined. No large scale mining operations have occurred in the Oroville area for over 60 years. No mining operations occurred on the project site. The proposed General Plan and Rezone project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. A future subdivision or parcel created under this zoning would not use or extract any mineral or energy resources and would not. restrict access to known mineral resource areas. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required. 4.11 NOISE: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan X or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive X ground borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing X without theproject? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above X levels existing without theproject? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, X would the project expose people residing or working in the project area to excessive noise levels? E For a project within the vicinity of a private airstrip, X would the project expose people residing or working ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 20 of 32 ■ Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated in the project area to excessive noise levels? Impact Discussion: Noise is usually defined as unwanted sound. It is an undesirable by-product of society's normal day-to-day activities. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health. The definition of noise as unwanted sound implies that it has an adverse effect on people and their environment. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). Noise sources occur in two forms: (1) point sources, such as stationary equipment, loudspeakers, or individual motor vehicles; and (2) line sources, such as a roadway with a large number of point sources (motor vehicles). Sound generated by a point source typically diminishes (attenuates) at a rate of 6.0 dB(A) for each doubling of distance from the source to the receptor at acoustically "hard" sites and 7.5 dB(A) at acoustically "soft" sites. For example, a 60-dB(A) noise level measured at 50 feet from a point source at an acoustically hard site would be 54 dB(A) at 100 feet from the source and 48 dB(A) at 200 feet from the source. Sound generated by a line source typically attenuates at a rate of 3.0 dB(A) and 4.5 dB(A) per doubling of distance from the source to the receptor for hard and soft sites, respectively. Sound levels can also be attenuated by man-made or natural barriers. Sensitive receptors are facilities where sensitive receptor population groups (children, the elderly, the acutely ill and the chronically ill) are likely to be located. These land uses include residences, schools, playgrounds, child care centers, retirement homes, convalescent homes, hospitals and medical clinics. Noise -sensitive receptors in the project area include dwellings that are adjacent to the project site. The project site is located in a rural residential area with generally low noise levels and is not subject to any significant continuous noise. Noise from train travel on the UPRR is periodic and muffled by the tracks being below grade. Vehicular traffic noise and noise from residential uses are the dominant sources of noise in the vicinity of, the project site. Uses associated with this project, or any future subdivision or parcel map, would not create a significant increase in ambient noise levels within or in proximity to the project site. Noise from the project would be compatible with the existing noise environment which is dominated by rural residential uses and vehicle traffic similar to that anticipated from this project. The Butte County General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given the rural nature of the project site and distance to other existing residential structures, the impact of construction noise will be less than significant on nearby residences. To help reduce noise related impacts to the nearby residents, a condition will be added to the Parcel Map that limits construction activities between the hours of 6:00 a.m. and 7:00 p.m., Monday through Saturday. No construction activity would be allowed on Sundays and holidays. The conditions would also require that the developer designate one person to act as a disturbance coordinator to handle any noise -related complaints. Because of the relatively small increment of traffic added to the local roadways, the project would not significantly affect future traffic noise levels. The project is not located in the vicinity of an airstrip or within an airport land use plan. No impact would occur. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 21 of 32 ■ Example # 5: The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "To reduce construction -generated noise the developer shall implement the following measures to mitigate construction noise throughout all construction periods: 1. Limit construction activity to daytime hours (6:00 a.m. to 7:00 p.m.) with no'construction activity on Sundays or holidays; 2. Use best available noise suppression devices and properly maintain and muffle diesel engine -driven construction equipment; 3. Construction equipment shall not be idled for long periods of time; 4. Locate stationary equipment as far as possible from sensitive receptors; 5. Designate a Disturbance Coordinator and post the name and phone number of this person conspicuously at the entrance(s) to the project site so it is clearly visible to nearby residents most likely to be affected by construction noise. This person would manage complaints resulting from construction noise. The Disturbance Coordinator shall contact noise sensitive receptors and advise them of the schedule of construction." Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the future subdivision process, not the current General Plan amendment and rezone. 4.12 HOUSING: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through X extension of roads or other infrastructure? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Impact Discussion: Butte County population has grown at a rate at or below official population projections for the past 10 years. Projected population for 2000 was 207,159, while the actual census population was 203,171. The growth rate for Butte County between the 1990 and 2000 was 11.6%, or 1.1% per year. The proposed rezone would result in the potential for six parcels on the project site (a net increase of four parcels), each of which could be developed with a single family dwelling unit. Thus, the project has the potential to add an estimated 14 people to Butte County (6 dwelling units x 2.414 persons/unit — assuming all occupants are new residents to Butte County). This is not considered a significant amount and is consistent with the estimated 2% annual growth rate for the County. The project would not significantly affect the population of the area because the proposed density is consistent with most of the surrounding area. The project would not displace individuals or housing. No impact would•occur. Mitigation Measure: None required ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 22 of 32 ■ 4.13 PUBLIC SERVICES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in X order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X L Other public services? X Impact Discussion: The project site is located in an area designated as having a high to very high fire hazard according to GIS data from the California Division of Forestry. This rezone project has the potential to create six residential parcels (a net increase of four parcels), which would result in an incremental increase in demand for fire protection services. The CalFireButte County Fire Department states that cumulative development in rural areas would impact their ability to provide fire protection services. This agency states that the installation of automatic fire suppression sprinkler systems in residential structures, the use of fire resistant building materials and the availability of water supply systems would reduce the demand for fire protection services. As a mitigation for any future land divisions on the project site, all new residential structures on the site are required to be equipped with an automatic fire suppression sprinkler system unless the parcel is connected to a pressurized community water system. The interior fire sprinkler system helps keep a house fire from spreading rapidly. The interior fire sprinkler system is also a life-saving measure, which provides residents additional time to escape from a burning house. The nearest fire hydrant is located approximately 1,200 feet to the northeast of the site (on the north side of Forbestown Road). This rezone project has the potential to create six residential parcels (a net increase of four parcels), which would result in an incremental increase in demand for police protection services. The Butte County Sheriffs Office provides law enforcement service to the Forbestown area. The cumulative impacts of increased residential development in the County impacts the ability of the Sheriffs Department to adequately provide police services to outlying areas. Butte County Code requires that Sheriffs facilities fees be paid prior to issuance of a building permit for a dwelling unit placed on the project site. The current Sheriff's impact fee for a dwelling unit is $360.00. A note to this effect is required to be placed on any parcel or subdivision map on the project site. With the payment of the Sheriff s impact fees the impacts to police protection services would be reduced to a less than significant level. The proposal would result in an incremental demand for school facilities in the area. The project site is located in the Oroville Union School District and the Thermalito Union School District, and the nearest school is the Nelson Avenue Elementary School (grades K-8), located approximately 2 miles to the west of the project site. Oroville High school is located in the City of Oroville and school bus service is available in the project area. The project could result in an incremental increase in demand for school facilities in the Palermo Union Elementary and Oroville Union High School Districts. A development impact fee for school facilities must be paid prior to issuance of building permits with fees determined according to the square footage of a dwelling's living area. While school districts maintain that these fees do not fully mitigate the impacts of the project, the County is precluded from imposing additional fees or mitigation by state legislation. The project would result in the potential development of three dwellings, which would not create significant impacts to area parks and facilities. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 23 of 32 ■ A less than significant impact is anticipated to other public services. This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. For instance: Example # 6: The following note shall be placed on any future parcel or subdivision map, and any building permit site plan, on the project site: "Fire suppression sprinkler systems shall be installed in all new residential structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA Standard 13D, unless a pressurized community water system, with' hydrants that meet Fire Department specifications, serves the parcels." Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the future subdivision process, not the current General Plan amendment and rezone. 4.14 RECREATION: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility X would occur or be accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the X environment? Impact Discussion: The project site is located within the Feather River Recreation and Park District. No public or private recreational facilities are location on or near the project site. The site is located near the Thermalito Forbay Lake and park, the Feather River recreation area, where numerous recreation opportunities can be found. No recreation facilities are proposed as part of this project. This rezone project, which could result in up to six parcels on the project site, is not expected to have a significant impact on any existing recreational facilities. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 m Page 24 of 32 ■ 4.15 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in X relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in X either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in X location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or X incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? X I Result in inadequate parking capacity? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus X turnouts, bicycle racks)? Impact Discussion: The project site fronts on Cherokee Road, which is a public road, and is of adequate width to provide for two-way traffic. Cherokee Road along the project site carries only local traffic and has a low vehicle count. The proposed rezone has the potential to create six parcels for residential use, each of which would generate approximately 9.55 vehicle trips per day (Institute of Traffic Engineers Trip Generation Manuan, although dwellings in rural areas typically generate less than 9.55 vehicle trips per day. Based upon these estimates, the six parcels could generate approximately 57 vehicle trips per day. There is adequate sight vision of Forbestown Road from the project site. Butte County Code Section 24-240 (b) requires two off-street spaces per dwelling. The future six 5+acre parcels that would be allowed by the proposed AR -5 zone would have sufficient area to meet this requirement. This proposed rezone would not conflict with accepted policies, plans or programs supporting alternative transportation. Mitigation Measure: None required. 4.16 UTILITIES AND SERVICE SYSTEMS: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 25 of 32 ■ Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could X cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and X resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the X project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste X disposal needs? g. Comply with federal, state, and local statutes, and X regulations related to solid waste? Impact Discussion: The proposed project would include individual septic systems for sewage disposal. The project would not have an impact on any wastewater treatment facilities because individual septic systems would be utilized. Domestic water would be obtained from individual wells. Some on and off-site storm water drainage improvements may be required due to development of the project site. No significant environmental impacts would be anticipated because drainage improvements do not appear to be extensive. The Butte County Public Works Department would determine the need for on and off-site storm water facilities and would ensure the necessary improvements are installed when a proposal to divide the property is received. Future land division(s) on the project site to create the six parcels allowed by this rezone project would increase the stream of waste being deposited in the Neal Road Landfill by a minor amount. According to the Butte County Public Works Department, the Neal Road Landfill is expected to reach maximum holding capacity by the year 2018. No impact would occur with respect to federal, state, and local statutes and regulations related to solid waste with the incorporation of mitigation measures specified below. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 26 of 32 ■ 4.17 MANDATORY FINDINGS OF SIGNIFICANCE SECTION 15065): Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal X community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history orprehistory? b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection X with the effects of past projects, the effects of other current projects and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human X beings, either directly or indirectly? The project has no potential to contribute impacts that are either individually limited, or cumulatively considerable, with respect to Initial Study Checklist Items. Cumulative Impact Analysis An examination of properties within 2,500 feet of the project site finds that there are no projects that are either in the process of being, or anticipated to be, further subdivide. Therefore, cumulative projects have been determined not to be cumulatively considerable. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: This initial study evaluates the environmental effects of a General Plan amendment and rezone which could result in up to 6 parcels, with future subdivision of the site. Future subdivision is subject to subsequent environmental review which would evaluate and mitigate environmental effects associated with additional parcels. Standard mitigation measures are available at this time to offset identified future impacts to a less than significant level. Standard mitigation measures, and environmental review procedures, change over time to reflect changes in policies, codes, regulations, site conditions, and proposed project, along with other factors. Therefore, mitigation for effects of the subdivision is most appropriately addressed as part of the future subdivision process, not the current General Plan amendment and rezone. ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 27 of 32 ■ 6.0 ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 2. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 3. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Man. Butte County Fire Department and California Department of Forestry, 1989. 4. Butte County Planning Department. Butte County GIS Data. Oroville, CA: November 2001. 5. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Environmental Checklist Form, Evaluation of Environmental Impact. File Number 93-15. Oroville, CA: February 8, 1993. 7. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 10. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 11. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 12. Butte County Planning Department. Notice of Determination, Rezone 93-15, John Mcglau hg lin. Filed with State Clearinghouse, Office of Planning and Research. July 13, 1993. 13. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: C112M Hill, 1977. 14. Butte County Planning Department. School District Man. Oroville, CA. 15. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 16. California Department of Transportation, Traffic Operations Division. 2000 All Traffic Volumes on California State Highway System. 2001. 17. California Department of Transportation, Traffic Operations Division. 1998 Truck Volumes on California State Highway System. 1998. 18. California Department of Transportation, Traffic Operations Division. 1998 All Traffic Volumes on California State Highway System. 1998. 19. National Flood Insurance Program. Flood Insurance Rate Mans. Federal Emergency Management Agency. 1989. 20. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 21. USGS Quad Maps. 22. Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency. 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [X] Thermalito Irrigation District [ ] BCAG [X] NOAA Fisheries [X] LAFCo [X] Assessor [ ] Development Services [ ] Chico Unified School District [X] Air Quality Management District [ ] City of Chico [ ] Sheriff [ ] City of Gridley [X] City of Oroville [ ] Town of Paradise [X] CA Department of Forestry [ ] Caltrans (Traffic) [ ] CA Central Reg. Water Quality [ ] Department of Conservation [X] CA Dept. of Fish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [X] U.S. Fish & Wldlife Service [X] Agricultural Commissioner [ ] Butte Co. Farm Bureau [ ] South Yuba Water Company [X] Feather River Recreation Dist. [ ] El Medio Fire Department [X] Oroville Union School Dist [ ] LOAPUD [ ] PG&E [ ] Pacific Bell [ ] Thermalito School District ■ Butte County Department of Development Services ■ ■ Initial Study - Verney Chun GPA07-0002 & REZ07-0001 ■ Page 28 of 32 ■ 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT:. UWe have reviewed the Initial Study for the Verney Chun General Plan Amendment and Rezone (APN # 031-060-054 & 031-070-084) applications. UWe hereby modify the applications on file with the Butte County Planning Department to include and incorporate all miti ations set forth in this Initial. Study. 4 o C� Project Sponsor7f3roject Agent Date Project Sponsor/Project Agent Date G:\PROJECTS\GPA\Chun GPA07-0002\Initial Study Chun GPA07-0002 & REZ07-0001 draft2.doc ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 29 of 32 ■ LOCATION MAP ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 30 of 32 ■ Union Pacific Railroad (UPRR �,F�-'��►->� �h Cherokee Rd C /_!t �,,S1 S' � fir• � .'t Chun GPA07-0002 & REZ07-0001 :I Not a part - _. ',. •/' �. r of this project 41 i•-` ala % r♦ ! y' r 0 _...-- _ lam.. .�►"wl ! 'Q ' Therm alito Power Canal ,_- , ARIAL VIEW OF PROPERTY ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 31 of 32 ■ „jr-TV �'}0t'•' .ice.•- -- ' � ;� rz13 s d ysE� P r STs,TE CF 3747E OF t 9' t4uFdRA14 ...,�•``”, � NOT 1� ICF C&A act: ca _ uus L • �Tl,TE GF t A f. - .�, � e}:_• � ter-`:' ' j li�ti i �.. VATE± RUdW R:f rI �r ��i$ 4'E• :rf ... - `' �- '� it �C —� __j Lamm 9P \\ 9.TCi T�ci^—' �' v 3TiTE OF CgH M e. o �- .�'".,,.._ }'�T �–�•_ � Kax lF;i =;� � •� �. '. f• •r SaL47C ?iF LALR:R'Ui, 7t!f ,=, �_tI'�� ' .r�,a i 6331 ic'c w 11.51 Lv ' s 31 S., 4C _ �`!:-� ssno �,. r SEa`•1aE STATE OF CA, glt7p REWArel ZIP SITE PLAN ■ Butte County Department of Development Services ■ ■ Initial Study — Verney Chun GPA07-0002 & REZ07-0001 ■ Page 32 of 32 ■ ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you.. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article /Alddressed to: �2cryLcee K-�a+rtCl.e�:� ,e)C Mca' d„- * 5 -Tyme Wc-1 O�o'j'me) Cw q 5`1(0(0 A. B. ReceitQd by p Agent ❑ Addressee WIN D. Is delivery address different from item 1? U Yes If YES, enter delivery address below: ❑ No 3. Service Type 42rCertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number i 70051 1820 ;000 4189; 2768 i t (fiansfer from service la6en ' f E � " + � � PS Form 3811, February 2004Domestic Return Receipt; r. y � _ 102595-02-M-1540 UNITED, STATES._POSTAL SERVICE • Sender: Please print your name, address, r Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965-3397 RETURN SERVICE REQUESTED I1,1,„I,111I,„11,,,I,i,s,11,,,11,1, i„1.,,, lI,1,11, ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: C� lccl LeComp�e,M�;d� tACA"on "Pi . O . `1) O x 204 5cksc rv'Ae1 CA 9(P/30 A. Signature 11Agent X � ❑ Addressee B. Received by (Printed Name) Date of Delivery/ D. Is deliveryaddress different Am Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type rtified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes , sisi 1+ =1700:1182d0 0002 4,18 92. Article Number (i'ransfer from + 66 labeq 27821; , PS Form 3811, February 2004 Domestic Return Receipt "102595-02-M-1540 "a UNITED STATES POSTAL SERVICE M -A ail G-P OP -10 f No. G tG MAY: 211L B P11,44 2 .,*.�Sehder: Please print your name, address,7i6d' -4; In. C�l Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965-3397 RETURN SERVICE REQUESTED n ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted'Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CrItC1P/i SCanPA'1 In O COMPLETE THIS SECTION ON DELIVERY IF4)Z&ffl7,jV� ",calved by (Pr( Name) C. Da a of Del e moi'%CiJ / l G 7/ to 71 D. Is delivery address different from Rem 1? )Yes If YES, enter delivery address below: ❑ No 9S7 N7E 1 3061 •77 05/14/08 ! RMTURN. TO SENDER _ :ENTERPRISE RANCh1ER2A 3694 OLIVE HWY r OROVZLLE CA 95966--9543 Mail RETURN TO SENDER !eceiptfor Merchandise Il.►►rltrirlrirrrllrrllllrr,lll..I).l►lII)Irlll,ll�lrlrrrll,1 ❑Yes 2. Article Number (Transfer from service fabeq i j r17 i s ,� a i7 0 0 5{ 18 2 0( 0 0 0 2' 1418 91 ! 2 812' i I PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 U.NITED`STATES POSTAL SERVICE 7y a ufM��:"it.F J•�.X. i�.i.,71:: "'+.wd"t Ste. 4wp, • Sender: Please print your name, add 3 Butte County { Fes; Department of Development Services .y' 7 County Center Drive 0 Oroville, CA 95965-3397 ZETURN SERVICE REQUESTED 3 rn � o 0 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this cans to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Hoose -Amon o C %1 c: %Atk Z "A'%C-n 5 #/ nlverdc, Vr`, ve- Cit-ova Ne, C' W 015 5!0 to ❑ Agent B. F(eceived by (P ed Name) f C. Date of Delivery D. Is delivery address different from item 11 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type .Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Artic(Transfer fromservicelabeO i t 11 7 0 0 5118 2 0 0 0 0 2' '418 9112 7 7`5 t i PS Form 3811,February 2004 I i Domestic Return Receipt ` — a.M95 o2-M-tsao UNITED,STATES POSTAL SERVICE ` , ' •k�'*. 'k*; :Y"!L'.W• :L LE' • Sender. Please print your name, address, ..':�. Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965-3397 RETURN SERVICE REQUESTED 6'�'T �'1'Irl�r`�ifl�rrl�'�IIJ'J'r.U"'ilt'I1�t�r1'rR"1'll�t�r111,+11 , ■. Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. .., ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: HOLO'haopda --,rod'i'an Tribe Or Ck;CO RAnc►& I l25 /L�isSio,z �c,n�.lti. �J-��• A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Deli S -1113-10D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ,A9:r-ertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 2. Article Number < (transfer from service labeq 790 0 51;1b 2,0 � 0 0;0,0: w -41 bye PS Form 3811; February 2004 ' ` " " Domestic Return Receipt .102595-02-M-1540 b .l: y� �'CLui4 UNITED STATES PC7$YAti�Si V t LEor • Sender. Please print your name, address, and ZI ,.. Butte County Department of Development Services u r 7 County Center Drive Oroville, CA 95965-3397 RETURN SERVICE REQUESTED BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — October 9, 2008 Applicant: Verney Chun (Tidewatchers, Associate LP) Owner Same File #: GPA07-0002 and REZ07- 0001 Request: General Plan Amendment from P (Public) to AR (Agricultural Residential) and a Rezone from PQ (Public Quasi -Public) to Parcel Size: AR -5 (Agricultural Residential 5 -acre Minimum) on a 30.1± Supervisor acre property in two parcels. G.P.: P (Public) Zoning: PQ (Public Quasi -Public) Zone Date: February 28, 1984 APN: 031-060-054 & 031-070-084 EXECUTIVE SUMMARY: Location: On the west side of Cherokee Road lying between Cherokee Road and the Union Pacific Rail Road tracks (Section 5, T19N, R04E). Parcel Size: Two parcels containing a total of 30.1± acres. Supervisor 1 District: Planner: Carl Durling Associate Planner Attachments: A: Resolution -_ B: General Plan/Zoning Map C: Initial Study/Negative Declaration D: Project/Site plans This project is a request for a General Plan Amendment from P (Public) to AR (Agricultural Residential) and a Rezone from PQ (Public Quasi -Public) to AR -5 (Agricultural Residential 5 -acre Minimum) on a 30.1± acre property encompassing two parcels. With this general plan amendment and rezone, and upon approval of a subsequent subdivision map, the project site could be divided into six parcels for single family residential use, contingent upon useable septic area being demonstrated for each parcel. The Environmental Health Department has determined that soil limitations would only allow one single family dwelling unless public sewer is available. The Initial Study determined that the proposed project would not have a significant effect on the environment; therefore a Negative Declaration was prepared for this project. An examination of properties within 2,500 feet of the project site finds that there are no projects that are either in the process of being, or anticipated to be, further subdivided. Therefore, cumulative projects have been determined not to be cumulatively considerable. ■ Butte County Department of Development Services ■ ■ October 9, 2008 Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 1 of 9 ■ Staff recommends that the Planning Commission recommend approval of this General Plan Amendment and Rezone to the Board of Supervisors, and recommends adoption of the attached Resolution. SITE CHARACTERISTICS: The project site is located on the west side of Cherokee Road north of the Thermalito Power Canal (TPC) and abutting the Union Pacific Railroad line (UPRR). The area is known as Thompson Flat. The entire property was used to store the dirt generated by the digging of the Thermalito Power Canal and the UPRR rail line. A portion of the City of Oroville boundary extends north along the east side of Cherokee Road across the Thermalito Power Canal to within a few feet of the southeast corner of theproperty. easterly portion of each parcel is bisected by the Lower Miocene Canal. The canal c sses Ch rokee Road and provides water to the California Water Service Company (CW C) Id' pon ed serves water to the City of Oroville. The undeveloped site, p as;trom e ant of Water Resources on January 11, 2006, has gentle topography, wi a slo of approximately 1%. The property forms a 15 foot high bench which parallels with, s setback 25 feet from, Cherokee Road. South Table Mountain is in clear view from the property. The elevation of the property is approximately 325 feet above sea level. Vegetation on the site includes scattered shrubs and scrub trees and grasses. No natural drainages occur on the site. The project site is not within a 100 -year flood zone, an earthquake zone, or an airport over flight zone. The property is not within the Sphere of Influence of the City of Oroville. Surrounding Land Uses include: Direction General Plan Designation Zonin Existin2 Land Use(s)IA North Grazing and Open Land/Public FR -40 and P UPRR, vacant ublic lank one South Public P -Q State Lands and Thermalito East Public P -Q State Lands West Public P -Q State Lands and UPRR below grade PROJECT DESCRIPTION This project is a request for a change in the General Plan from P (Public) to AR (Agricultural - Residential) and a rezone from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential 5 -acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone, and upon approval of a subsequent subdivision map, the project site could be divided into six parcels for single family residential use, contingent upon useable septic area being demonstrated for each parcel. Sewage disposal for future dwellings would be provided by individual septic systems. The Environmental Health Department has determined that soil limitations would only allow one ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 2 of 9 ■ single family dwelling unless public sewer is available. Domestic water would be provided by private wells. Access to the future parcels on the site would be from Cherokee Road, which is a public road. For the purposes of the Initial Study, the project is presumed to be composed of the General Plan Amendment and Rezoning, recognizing that a future subdivision could be proposed for up to 6 parcels, which would be subject to subsequent environmental analysis. ANALYSIS Under the current General Plan and Zoning, the project site could be developed with the following permitted uses: • Public Schools, • Public Parks, • Public Playgrounds, • Publicly owned buildings and land, • Public recreational uses, and • Public hospitals, With this General Plan Amendment and Rezone, the project site could be developed with the following permitted uses: • Single Family dwelling, • Small family day care facility, • Accessory uses normally associated with a single family home, • Guest house, • Permanent second dwelling with property owner living in one of the dwellings, and • Agricultural uses. In comparing the above permitted use groups, it is clear that there is a substantial reduction in the potential intensity and scope of development. The Environmental Health Department reviewed the proposed General Plan Amendment and change in Zoning. They conducted soil profiles on the property and determined that there is only enough sewage disposal area for one single family dwelling. The current General Plan and Zoning does not permit single family dwellings, but does permit significant Public uses as noted above. The proposed change in the General Plan and Zoning would allow the one single family dwelling Environmental Health has determined is appropriate on the property. It is recognized that a single family dwelling is a permitted use. Any future proposal to subdivide the property, or add additional dwellings, would have to, at that time, meet Environment Health standards for the additional dwellings. LOCAL AGENCY REVIEW ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 3 of 9 ■ Comments/conditions received from Butte County Departments and other Agencies were reviewed and evaluated. The Environmental Health Department states that they conducted soil profiles on this property and that there is only enough sewage disposal area for one single family dwelling. ENVIRONMENTAL REVIEW: The initial study prepared for this project determined there would be no environmental impacts. This determination is made in light of the reduction in scope of permitted uses, the opportunity for further environmental review if and when a Tentative Subdivision Map or Parcel Map is submitted, and fit e-akility to apply setback restrictions to building permit site plans. die i> study and draft negative declaration, which is attached to this agenda report, s that there are no identified significant environmental impacts. The collection of fees pursuant to sh and Game Code Section 711.4 and 14 CCR 753.5 is not required because the project would t -e an to fish or wildlife or their habitat The initial study/negative declaration was sent to the Governor's Office of Planning and Research, State Clearinghouse (SCH#: 2008092026), for a 30 -day review period. Notices regarding the 30 -day review period were mailed to landowners near the project site, and a notice was placed in the Oroville Mercury Register. ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 4 of 9 ■ LOCATION MAP ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 5 of 9 s ARIAL VIEW OF PROPERTY ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 6 of 9 STATE OF r-' WATER REENK 16f.1 ,c4r OP:u Um - STATE OF Cc.. 3A.6 NOT A ca.4? PiFStT6V FUXI ' PART 16e, eater e�r J _24 a x_: _ 5 r-,p7 El7 STATE OF r=F0M41c * \, 11.51 A., 116 ��. ` � � ��•� F�� e4Lk . r�� i° ,. f - SITE PLAN �ti55 .r'G F -F—' -k GNP C94 — ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 7 of 9 ■ UF, W4TW STATE OF Ohs WNTEA' RUMPUS ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 7 of 9 ■ RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF Y IAL PLAN AMENDMENT (GPA07-0002) and REZONE (REZ07-0001) �EREA725(Zon PI ing Commission has considered GPA07-0002 and REZ07-0001 for ey Chun (Tidche ssociate LP), in accordance with Chapter 24, Section 30 (General Plan) and Section ;' f the Butte County Code on Assessor's Parcel Number 031-060- 054 and 031 -070 -and WHEREAS, the Planning Commission has considered a Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said General Plan Amendment and Rezoning was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly qptk ublic hearing was held on October 9, 2008; and WHEREAS, a P I Ming mmission has considered public comments and a report from the Planning ivisi NOW, THEM'CFORE,X IT RESOLVED, that the Planning Commission recommends that the Board of Supe rs take the following actions: I. Adopt a Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified- * no significant environmental effects. B. The Planning Commission has considered the proposed Negative Declaration, together with the administrative record and comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the General Plan and Rezone for Verney Chun (Tidewatchers), Planning Division File No. GPA07-0002 and REZ07- 0001, would have a significant effect on the environment. The custodian of the record is the Planning Division of the Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 95965. ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 8 of 9 ■ D. The proposed Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Negative Declaration regarding environmental impacts as detailed in the Agenda Report dated October 9, 2008. II. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued fo011ndment, ill be invalid (Section 711.4 (c) (3). III. Approve Genal GPA07-0002 from P (Public) to AR (Agricultural esezone REZ07-0001 from PQ (Public Quasi -Public) to AR -5 (Agrdential 5 -acre Minimum) for Verney Chun idewatchers, As d on the following findings: A. The propthe property will not impair the integrity and character of the zone in which the land lies, and the use would not be unreasonably incompatible with, or injurious to, surrounding properties, or detrimental to the health and general welfare of the persons residing or' working in the neighborhood, or to the general health, welfare and safety of the residents of the County. B. The property fronts on Cherokee Road, a County maintained road. DULY PASSED AND ADOPTED this 9th day of October, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Harrel Wilson, Chairman Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 9 of 9 ■ i BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — October 9, 2008 Applicant: Verney Chun (Tidewatchers, Location: On the west side of Cherokee Associate LP) Road lying between Owner Same Cherokee Road and the Union Pacific Rai' 1''Road tracks (Section"5,_T119N, R04E). File #: GPA07-0002 and REZ07- Parcel Size: Two parcels containing a 0001 total of 30',1� ± acres. Request: General Plan Amendment from Supervisor 1 P (Public) to AR (Agricultural District: Residential) and a Rezone from PQ (Public Quasi -Public) to Planner: Carl) Durling AR -5 (Agricultural Residential Associate Planner 5 -acre Minimum) on a 30.1E acre property in two parcels. A 9� G.P.: P (Public) me ts: Zoning: PQ (Public Quasi -Public) A: Resolut 'o - _ B: General Plan/Zoning Map Zone Date: February 28, 1984 C: Initial Study/Negative Declaration APN: 03.1-060-054 & 0" 3, --070-084 D: Project/Site plans �w ��w J EXECUTIVE SUNlMA: This pro e� is�°a� bequest for a General Plan Amendment from P (Public) to AR (Agricultural Residential) and a Re- one from PQ (Public Quasi -Public) to AR -5 (Agricultural Residential 5 -acre MAhum) on aM0. if acre property encompassing two parcels. With this general plan amendment and rezone an) pon approval of a subsequent subdivision map, the project site could be divided into six7parckis for single family residential use, contingent upon useable se tic area bein / emonstrated for each parcel. The Initial Study determined that the proposed project of have a significant effect on the environment; therefore a Declaration was �U1 prepared for this project. w SAn examination of properties within 2,500 feet of the project site finds t at there are no projects G^'n that are either in the process of being, or anticipated to be, further subdivided. Therefore, a cumulative projects have been determined not to be cumulatively considerable. ■ Butte County Department of Development Services ■ ■ October 9, 2008 Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 1 of 9 ■ 10 -P�6� Staff recomme s t at t e Planning Commissio commen& roval of this General Plan Amendment and Rezone to the Board of Superviso SITE CHARACTERISTICS: The project site is located on the west side of Cherokee Road north of the Thermalito Power Canal (TPC) and abutting the Union Pacific Railroad line (UPRR). The area is known as Thompson Flat.p � 7 gene The entire property was used to store the dirtrated by the digging of the Thermalito Power Canal and the UPRR rail line. A portion of the City of Oroville boundary extends,nort") long the east side of Cherokee Road across the Thermalito Power Canal to within few' e� f the southeast corner of the property. The easterly portion of each parcel is bisected�by he Lower Miocene Canal. The canal crosses Cherokee Road and provides water to the�California Water �ervice Company (CWSC) holding pond which se e ater to the Cio. O ovrlle The undeveloped site has gentle topography, w ope of approxi`�ately 1%. The property forms a 15 foot high bench which parallels with, and is setback 25 feet from, Cherokee Road. South Table Mountain is in clear view from the prop'e�rty. e ehevatrof the property is approximately 325 feet above sea level. Vegetation on the site includes scattered sh drainages occur on the site. The project site zone, or an airport over flight zone. The pro.r City of Oroville. ` Surrounding Land Uses include: 'and—Crub,)trees and grasses. No natural within�1;00-year flood zone, an earthquake i�not within the Sphere of Influence of the PROJECT DESC%PT This project is a request for a change in the General Plan from P (Public) to AR (Agricultural- Residential) and a rezone from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential 5 -acre minimum) on two parcels totaling 30.1 acres. With thien7al plan amendment and rezone, and upon approval of a subsequent subdivision map, the pro site could be divided into six parcels for single family residential use, contingent n f 7 upon useable septic area being demonstrated for each parcel. Sewage disposal for future dwellings would be provided by individual, on-site, septic systems V nail. Domestic water would be provided by private wells. Access to thure pare y, t project ' presumed to be composed of the General Plan ■Butte County Departure of Dev opment Services ■ O ! ■October 9, 2008, Planning Commissio genda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ 9 :0001 ■ Page 2 of 9 ■ -` s Direction General Plan Designation Zonin Existing Land Use s North Grazing and,Q -enwhzad/Public FR40 and P UPRR, vacant public lands, one SF South Public r „�� P -Q State Lands and Thermalito Canal East Public u� \�=J P -Q State Lands West Public v y P -Q State Lands and UPRR below grade PROJECT DESC%PT This project is a request for a change in the General Plan from P (Public) to AR (Agricultural- Residential) and a rezone from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential 5 -acre minimum) on two parcels totaling 30.1 acres. With thien7al plan amendment and rezone, and upon approval of a subsequent subdivision map, the pro site could be divided into six parcels for single family residential use, contingent n f 7 upon useable septic area being demonstrated for each parcel. Sewage disposal for future dwellings would be provided by individual, on-site, septic systems V nail. Domestic water would be provided by private wells. Access to thure pare y, t project ' presumed to be composed of the General Plan ■Butte County Departure of Dev opment Services ■ O ! ■October 9, 2008, Planning Commissio genda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ 9 :0001 ■ Page 2 of 9 ■ -` s dJJ Amendment and Rezoning, recognizing that a ture subdivision could be proposed for up to 6 parcels, which would be subject to subsequent environmental analysis. ANALYSIS Under the current General Plan and Zoning, the project site could be developed with the following permitted uses: • Public Schools, • Public Parks, • Public Playgrounds, • Publicly owned buildings and land, • Public recreational uses, and • Public hospitals, With this General Plan Amendment and Rezone, the project -site cowl be developed with following permitted uses: • Single Family dwelling, • Small family day care facility, • Accessory uses normally associated with" a single family�home, • Guest house, V/ \l • Permanent second dwelling with Aroperty owner living in one of the dwellings, and • . Agricultural uses. In comparing the above permitted use groups,' there is a substantial reduction in the potential intensity and scope of*development. The Environmental HealtDe artment reviewed the proposed General Plan Amendment and change in Zoning. They conduce d,1soil profiles on the property and determined that there is only enough sewage disposal area for one single family dwelling. The current General Plan and Zoning does not�pe3mit single family dwellings. The proposed change in the General Plan and Zoning would allow the -one single family dwelling Environmental Health has determined is appropriate -on �the perry. Any future proposal to subdivide the property would have to, at that time,aneet Envirnment Health standards for additional dwellings. LOCAL A�G�ENCY REVIEW Comments conditions received from Butte County Departments and other Agencies were reviewed and evaluated. The Environmental Health Department states that they conducted soil profiles on this property and that there is only enough sewage disposal area for one single family dwelling. ENVIRONMENTAL REVIEW: r;07 The initial studypre ared for this roJect determined there wouldeniro�'enal i AQ ■ Butte County Department of Development Services ■ V— ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 3 of 9 ■ The init' to and draft negative declaration, which is attached to this agenda report, finds that there no i ntified significant environmental impacts. The collection of fees pursuant to Fish and G ode Section 711.4 and 14 CCR 753.5 is not required because the -project would not cause impact to fish or wildlife or their habitat.1 F The initial study/negative declar on was Research, State Clearinghouse (S H#: X)c regarding the 30 -day review period re ma was placed in the Oroville Mercury Regis s t o the (overnor's Office of Planning and :X ), f a 30 -day review period. Notices le to ando ers near the project site and a notice ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 4 of 9 ■ ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 5 of 9 ■ ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 6 of 9 STP.TE OF Ga MATE? R E�Nj R, - 16ni ,4G T;MUMM Id:^ 'y aINP T'y, f W moi. 1 5 STATE U ST.+TE OF Wiz. aIJF�RA14 al R-•',�'. :X1 e , r . �..-4Yj +v`"' �*A I • i .tom Rej AC 4,111–j NOT 4 lip%'P 0 MARIN BUM-%; PARTIIA, K-%lCG C70-0 CG J:l yr,. rn fit• 5( SITE PLAN 7: r -p MW _.1`�y. �„ r� ' S,T.47C tlr GPIrCtRi1A. 4. ♦fr �' — i ,�'•r ,ii' -a7 e. sas• c SERA CF CA, AIM71 FE0WE,AD' g ,. s-•----- ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 7 of 9 ■ 1 RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT (GPA07-0002) and REZONE (REZ07-0001) WHEREAS, the Planning Commission has considered GPA07-0002 and �REZ07-0001 for Verney Chun (Tidewatchers, Associate LP), in accordance with Chapter, 24, -Section 3-6tQneral Plan) and Section 25 (Zoning); of the Butte County Code on Assessor's "Parcel` mde 03s -060- 054 and 031-070-084; and WHEREAS, the Planning Commission has considered a Ne ative-- eclaration in accordance with the California Environmental Quality Act; an WHEREAS, said General Plan Amendment and Rhe"zo,fling, wad �eferred to various affected public and private agencies, County departments; - an referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on October 9, 2008; and WHEREAS, the Planning Commission "has considered public comments and a report from the Planning Division; A NOW, THEREFORE, BE IT RESOL 12m, that the Planning Commission recommends that the Board of Supervisqfs Aef'the following actions: I. Adopt a Negative Decl�at,ation with the following findings: A. An ti �l�S,tudy was completed in compliance with the California —nnyiironmental Quality Act. Said study identified no . significant e0111 ental effects. B. ThPlanning Commission has Declaration, together with the received during the review process. considered the proposed Negative administrative record and comments On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the General Plan and Rezone for Verney Chun (Tidewatchers), Planning Division File No. GPA07-0002 and REZ07- 0001, would have a significant effect on the environment. The custodian of the record is the Planning Division of the Development Services Department. The location of the record is 7 County Center Drive, Oroville CA 95965. ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 8.of 9 ■ D. The proposed Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. Adopt the Negative Declaration regarding environmental impacts as detailed in the Agenda Report dated October 9, 2008. Il. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to ,filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of 'ish�and Game that the project is exempt from the fee requirement. If a require, fee isnot paid for a project, the project will not be operative, vested or nal'and any local permits issued for the project will be invalid (Section 711. 4(c) (�3). III. Approve General Plan Amendment, GPA07-0002 from (Public) to AR (Agricultural Residential and Rezone REZ07-0001 from RQ (Public Quasi -Public) to AR -5 (Agricultural Residential 5 -acre Min4um)or Verney Chun (Tidewatchers, Associate LP) based on the following findings: A. The proposed uses of the property.11 not i fair the integrity and character of the zone in which ;&, lal ies,AZ the use would not be unreasonably incompatible wFt1i, or furious -to surrounding properties, or detrimental to the heal �and�general w� lfare of the persons residing or working in the neighbor�tood, or to th general health, welfare and safety of the residents of the Coun�1 B. The property frofits on CherokeS Road, a County maintained road. DULY PASSED AND ADOPTED thisr9th day of October, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: , Harrel Wilson, Chairman Planning Commission County f Butte, State of California, - I TINA BONHAM, Secretary Planning Commission County of Butte, State of California ■ Butte County Department of Development Services ■ ■ October 9, 2008, Planning Commission Agenda Report ■ ■ Verney Chun (Tidewatchers) GPA07-0002 & REZ07-0001 ■ Page 9 of 9 ■ PNJ ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Creer►v;lle ��� 0� Mc,*%A" "'t .0. Pox Z -7c/ C1 ree v'Ake l CA CisC14.7 2. Article Number (Transfer from service labeo i A. . Receiv by (Print e) .Date of Deliv D. Is delivery address diffe from item 1? ❑ Yes it YES, enter delivery address below: ❑ No 3. Service Type certified Mail ❑ Registered ❑ Insured Mail Delivery? (Extra Fee) ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 7005 ;1$2;0; '0002; 41 PS Form 3811, February2604 -Domestic Return Receipt ❑ Yes 102595:02*-', 540 UNITED STATES?E - t'' • Sender: Please print your name, address, and ZIP+4 in this box • 9liiU 11111'11111111111111 fill IIM 1111idli U 111111l1l11ilE1e1 64 rn ' ,a. v1. Buttc County Department of Development Services Ng 1; �,� a> U r ,. 7 County Center Drive CA 95965-3397 2 WOroville, A ,RETURN SERVICE REQUESTED 9liiU 11111'11111111111111 fill IIM 1111idli U 111111l1l11ilE1e1 � F •A w o m s o a Cil FD � ARNOLD SCHWARZENEGGER GovERNOR STATE OF CALIFORNIA GOVERNOR'S OFFICE of PLANNING AND RESEARCH STATE CLEARINGHOUSE AND PLANNING UNIT 3 P P • �A�Of CAUFOQ� CYNTHIA BRYANT DIRECTOR October 8, 2008 gw! COUNty Carl Durling DEVEL0 9"ENT Butte County SERVICES 7 County Center Drive Oroville, CA 95965 Subject: Verney Chun (Tidewatchers Assoc.) GPA07-0002 and REZ07-0001. SCH#: 2008092026 Dear Jim Bermudez: The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on October 7, 2008, and no state agencies submitted continents by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. , If you have a question about the above-named project, please refer to the, ten -digit State Clearinghouse number when contacting this office. Sincerely, Terry Roberts Director, State Clearinghouse 1400 10th Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov ' S m Document Details Report { State Clearinghouse Data Base SCH# 2008092026 Project Title Verney Chun (Tidewatchers Assoc.) GPA07-0002 and REZ07-0001 Lead Agency Butte County Type Neg Negative Declaration Description This project is a request for a change in the General Plan from P (Public) to AR (Agricultural -Residential) and a rezone from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential 5=acre minimum) on two parcels totaling 30.1 acres. With this general plan amendment and rezone, and upon approval of a subsequent subdivision map, the project site could be divided into six parcels for single family residential use, contingent upon usable septic area being demonstrated for each parcel. Lead Agency Contact Name Carl Durling Agency Butte County Phone (530)538-7150 Fax email Address 7 County Center Drive City Oroville State CA Zip 95965 Project Location County Butte City Oroville Region Cross Streets Cherokee Road and Blossom Hill Road Lat / Long 39' 31'46" N / 121 ° 33'20" W Parcel No. 031-060-054 & 031-070-084 Township 19N Range 4E Section 5 Base MDB&M Proximity to: Highways 70 Airports No Railways Union Pacific Waterways Oroville Dam diversion canal Schools Thermalito Grade Land Use Vacant / P -Q / P Project Issues Other Issues Reviewing Resources Agency; Department of Fish and Game, Region 2; Cal Fire; Department of Parks and Agencies Recreation; Department of Water Resources; California Highway Patrol; Caltrans, District 3; Regional Water Quality Control Bd., Region 5 (Redding); Native American Heritage Commission; Public Utilities Commission Date Received 09/08/2008 Start of Review 09/08/2008 End of Review 10/07/2008 Note: Blanks in data fields result from insufficient information provided by lead agency. BUTTE COUNTY RECEIPT 7 County Center Drive Oroville, CA 95965 Receipt Number: P284 Permit Number: GPA07-0002 Job Address: Applicant: The Engineering Group Printed: 9/15/2008 9:04 am Fee Description Account Number Fee Amount General Plan Amendment -AG General Plan Amendment -FR General Plan Amendment -PL 0010-460001-4612200-1010( $32.50 0100-450001-4617240-1010( $108.00 0010-440001-4210900-1010( $8,018.00 Notice of Determination/Exe*t 0010-470001-4612319-1010( $36.00 Total Fees Paid: $8,194.50 Date Paid: 1/11/2007 Paid By: TIDEWATCHERS, ASSOCIATE LP Pay Method: Check 1034 Received By: STL STATE OF CALIFORNIA I3d1TTy- Amold Schwarzenegger, Governor rnu »pry PUBLIC UTILITIES COMMISSION SEP i 505 VAN NESS AVENUE DEVELOPMENT SAN FRANCISCO; CA 94102-3298 SERVICES September 10, 2008 Carl Durling Butte County 7 County Center Drive Oroville, CA 95965 Re: Notice of Completion, Negative Declaration Verney Chun (Tidewatchers Assoc.) SCH# 2008092026 Dear Mr. Durling: As the state agency responsible for rail safety within California, the California Public Utilities Commission recommends that development projects proposed near rail corridors be planned with the safety of these corridors in mind. . The location of the proposed project borders Union Pacific (UP) railroad tracks. The project site could be divided into six parcels for single family residential use, given various conditions. The Negative Declaration does not consider potential health and. safety impacts from the proximity of the UP tracks to the project site. For example, do, barriers exist, or would they be placed, to ensure that persons and vehicles would not cross the tracks in the path of oncoming trains? Thank you for your consideration of these comments. If you have any questions in this matter, please call me at (415) 703-1306. , Sincerely, 1 Daniel Kevin Regulatory Analyst Consumer Protection and Safety Division +Alifornia Military Land Use Compatibility Analyst Report Page 1 of 1 California Military Land Use Compatibility Analyst Report Date of Report: 7/24/2008 Project Chun, Verny (Tidewatchers)GPA07-0002 Title: Project Chun, Verny Applicant: State County ate: ;,-.�,=-�w�•i,;,-�—_ a rs•� � pium��. . Glem 14 O Col Ise ' , Sitter Pls�e^' n.�, � •lblo eP® '.- El Dorsilo qgmgm entn_ Project Location: -121* 33' 16", 390 32'0" (Longitude/Latitude, in DD/MM/SS format) Based on the information you have provided, potential impacts from your project to areas important to military readiness activities are as follows: Your project location does not intersect with any military bases, special use airspaces, or low level flight paths. If you are submitting a project permit application, please provide the above information to your local planning agency as part of your permit application. A copy of your permit application for this project does NOT have to be sent to the U.S. Military, per Government Codes 65352, 65940, and 65944. Thank you. Land Use Information Planning Network (http://ceres.ca.gov/planning/) California Resources Agency (http://www.resources.ca.gov/) In partnership with The Governor's Office of Planning and Research (http://www.opr.ca.gov/) r http://sample l .casil.ucdavis.edu/Calmap8/displayReport.pl?uid=6bcOefh9886bec9fa846c6... 7/24/2008 Native American Tribal Consultation List Butte County May 5, 2008 Mechoopda Indian Tribe of Chico Rancheria Enterprise Rancheria of Maidu Indians Dennis Ramirez, Chairperson Glenda Nelson, Chairperson 125 Mission Ranch Blvd Mechoopda Maidu 1940 Feather River Blvd., Suite B Maidu Chico , CA 95926 Concow Oroville , CA 95965 award@mechoopda-nsn.gov eranch@cncnet.com (530) 899-8922 ext 215 Greenville Rancheria of Maidu Indians Chairperson PO Box 279 Maidu Greenville CA 95947 (530) 284-7990 Maidu Nation Clara LeCompte P.O Box 204 Maidu Susanville CA 96130 Mooretown Rancheria of Maidu Indians Gary Archuleta, Chairperson #1 Alverda Drive Maidu Oroville , CA 95966 KonKow / Concow frontdesk@mooretown.org (530) 533-3625 Berry Creek Rancheria of Maidu Indians Jim Edwards, Chairperson #5 Tyme Way Tyme Maidu Oroville , CA 95966 gmix@berrycreekrancheria. (530) 534-3859 This list is current only as of the date of this document. (530) 532-9214 Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list is applicable only for consultation with Native American tribes under Government Code Section 65352.3. 65352.3. (a) (1) Prior to the adoption or any amendment of a city or county's general plan, proposed on or after March 1, 2005, the city or county shall conduct consultations with California Native American tribes that are on the contact list maintained by the Native American Heritage Commission for the purpose of preserving or mitigating impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code that are located within the city or county's jurisdiction. (2) From the date on which a California Native American tribe is contacted by a city or county pursuant to this subdivision, the tribe has 90 days in which to request a consultation, unless a shorter timeframe has been agreed to by that tribe. (b) Consistent with the guidelines developed and adopted by the Office of Planning and Research pursuant to Section 65040.2, the city or county shall protect the confidentiality of information concerning the specific identity, location, character, and use of those places, features, and objects. 65352.4. For purposes of Section 65351, 65352.3, and 65562.5, "consultation" means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties' cultural values and, where feasible, seeking agreement. Consultation between government agencies and Native American tribes shall be conducted in a way that is mutually respectful of each party's sovereignty. Consultation shall also recognize the tribes' potential needs for confidentiality with respect to places that have traditional tribal cultural significance. E • 7Butte County Department of Development Services TIM SNELLINGS, DIRECTOR / PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538.7785 Facsimile www.buttecountv.bet ADMINISTRATION * BUILDING * PLANNING May 3, 2008 The Engineering Group 1250 East Ave. Suite 10 Chico, CA, 95926 Re: REZONE, REZ07-0001 and GPA07-0002, APN:031-060-054, Dear The Engineering Group; In an effort to keep our customers informed, we are notifying you that your project has been reassigned to Carl Durling and she can be reached at 530-538-7150, between 7:30 a.m. and 4:30 p.m., Monday through Friday. Should you have any questions regarding your'application, please call the planner listed above. Sincerely, VYlO� c�U►19(�^r� Tina Bonham Commission Clerk Cc: Tidewatchers, LLC 630 Ravenna Terr Fremont, CA 94536 ,6 46" "DRAFT" LEAD IN SHEET PROJECT NUMBER: AP#(s): APPLICANT: l \ OVINER(S): REPRESENTATIVE: 12`" counter Tanner) ���Ey CL E PROPOSED REQUEST: (by P - 10�A. FINAL REQUEST: (by project planner) LOCATION: (by counter planner) FINAL LOCATION: (by project planner) EXISTING ZONING: GENERAL PLAN DESIGNATION: —FQ-- SUPERVISORIAL DISTRICT #: SIZE: DATE RECEIVED: c I COUNTER PLANNER'S INITIALS: ASSIGNED PLANNER: IDR Date: 30 Da Com Tete: Tentative Hearin Date: a 0 BCAG ALUC APCD Butte Co. Farm Bureau Chico Airport Commission Chief Administrative Officer F st El Medio Fire Protection District X California Department of ore ry COMMENT DISTRIBUTION LIST Project Number:2 County Offices and Cities: Butte Water District Thermalito Irrigation District Planning Division X Assessor's Office - Mapping — _ X Environmental Health — City of Biggs — Building Manager — City of Chico = X LAFCo _ City of Gridley X Agricultural Commission City of Oroville — X Public Works/Land Dev — Town of Paradise — X County Counsel Fire Protection: 0 BCAG ALUC APCD Butte Co. Farm Bureau Chico Airport Commission Chief Administrative Officer F st El Medio Fire Protection District X California Department of ore ry _ Domestic Water: S.F.W & P. Agency (OWID) — Butte Water District Thermalito Irrigation District — California Water Service Co. Utilities: PG&E North - Chico — Pacific Bell Viacom Cable TV X PG&E South - Oroville — Irrigation District: _ Biggs / West Gridley Water — Durham Irrigation Dist. Table Mountain Irrigation Dist. Richvale Irrigation Dist. ___. Sewer: L.O.A.P.U.D. _ Sterling City Sewer Main Drainage Districts: _ Sacramento & San Joaquin Drainage Dist. — _ Drainage District 200 — Reclamation District No. 2056 -- State Agencies: CalTrans Federal Agencies: U.S. Forest Service JDept. of Water Resources Other Districts, Agencies, Committees, etc.: �c oroVi(Le(lw �c %h?1M A,1( -k0 fJ�rCWI i _ Del.Oro Water Co. Other Chambers Cable TV Paradise Irrigation Dist. Skansen Subdivision (CSA 21) Reclamation District No. 833 Reclamation District No. 2054 x Dept. of Fish and Game U.S. Bureau of Land Management t, . MWAIS fUN WORKS Calif. Gen. Eng. Contractor #548284 Michael G. Evans One Nice Place, Oroville, CA 95966 (530) 570-5498 - Fax (530) 533-6028 oneniceplace&sbcglobal.net May 17, 2007 Mr. Chris Tolley Butte County Dept. of Development Services 7 County Center Drive Oroville, CA 95965 RE: General Plan Amendment 07-0002 and Rezone 07-001 for Tidewatcher Associate LP, Verney Chun APN 031-060-054 & 031-070-084 Dear Mr. Tolley, On behalf of the applicant/owner, we wish to respectfully clarify the application for a General Plan Amendment to Low Density residential and Rezone to R-1. The parcel was created by the Dept. of Water Resources as a surplus parcel from the diversion canal construction. He has requested a well permit to provide irrigation water for tree planting, has adequate soil for the installation of one sewage disposal system for his proposed family residence and anticipates a future project wherein sewer and treated water facilities will be extended northerly across the diversion canal through a sleeve currently installed under the existing bridge (constructed by DWR). He is aware of and will need to move the Sphere of Influence boundary and annex to the City to implement a future project. Additionally, Mr. Chun has requested the City of Oroville General Plan Steering Committee consider his request to designate the property similarly, see enclosed, similar to the land on the south side of the canal. Please notify us if you need any additional information to accommodate this request. �imcerei , Michael G. Evans EMAIS 740V lt/DMKS Qq:".V. Chun . s. ... ., ice.,, •,. ;, , NUTTE COUNTY MAY 1. eg .2007 DEVELOPMENT SERVICES May 13, 2007 City of Oroville. Community Development General Plan Update Steering Committee ATTN Sharon Attebury City Administrator 1735 Montgomery Street Oroville 95965 Re: APN 031-070-084/031-060-054 Dear Steering Committee, I am writing this letter to request for the consideration of a General Plan designation of Low Density Residential (1-3 Dwelling Units per Acre) for my privately held property on Cherokee Rd., in Oroville (APN 031-070-084 AND 002 and 031-060-054). The two APN's above refer to one parcel of land approx. 30 acres which we purchased from DWR almost 22 years ago. We were told at the time getting it rezoned / changing the general plan to allow us to delvelop the property in some way would not be a problem. If you have any questions please call me at 510-739-0128 or Michael G Evans at 530-533-5898 (our local authorized agent). Sincerely, Verney Chun Tidewatchers Associate, LP 630 Ravenna Terrace Fremont, CA 94536 cc: Michael Evans Evans Fun Works 2360 Oro Quincy Hwy Oroville, CA 95966 COUNTY MAY 18 2007 DEVELOPMENT SERVICES W 0 0 COMMENT DISTRIBUTION LIST Project Number: A -006 County Offices and Cities: _ Planning Division ( X Assessor's Office - Mapping Environmental Health — City of Biggs �=Ci of Chico _ Building Manager — City of Gridley X LAFCo -1 X Agricultural Commission City of Oroville rc�X j Public Works/Land Dev — Town of Paradise X County Counsel Fire Protection: _ BCAG _ ALUC _ APCD _ Butte Co. Farm Bureau _ Chico Airport Commission Chief Administrative Officer Forestr X : California Department of y El Medio Fire Protection District Domestic Water: Butte Water District S.F.W & P. Agency (OWID)� Thermalito Irrigation District California Water Service Co. Utilities: _ PG&E North - Chico PG&E South - Oroville Irrigation District: _ Biggs I West Gridley Water R.ichvale Irrigation Dist. Sewer: _ Pacific Bell Viacom Cable TV _ Durham Irrigation Dist. Table Mountain Irrigation Dist. A P U D Sterling City Sewer Main _ Del Oro Water Co. Other Chambers Cable TV Paradise Irrigation Dist. Skansen Subdivision (CSA 21) L.O. . Drainage Districts: Reclamation District No. 833 _ Sacramento & San Joaquin Drainage Dist. — Reclamation District No. 2054 _ Drainage District 200 — Reclamation District No. 2056 — State Agencies: t of Fish and Game CalTrans Dept. of Water Resources _. DeP Federal Agencies: — U.S. Bureau of Land Management U.S. Forest Service Other Districts, Agencies, Committees, etc.: -7 titlA+ R �•(FlZ Com« fit{E(�C.S Lfr=an-( 6vm-.� ) REt; . Pik • • Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecountV.net/dds ADMINISTRATION' BUILDING * PLANNING January 26, 2007 TO: Ag Commissioner's Office FROM: Chris Tolley, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Verney Chun (Tidewatchers Associate, LP) GPA07-0002 APN: 035-130-074, 120,179 Date of Inter -Departmental Review: 2/7/2007 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 7, 2007 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: February 21, 2007 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 2/7/2007, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031- 060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR - 5 (Agricultural Residential, five acre minimum). PROJECT LOCATION: the parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: P -Q (Public -Quasi Public) GENERAL PLAN: P -Q (Public -Quasi Public) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an email at ctolley@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. IDR COMMITTEE — APPLICATION COMPLETE: No (Please send response to Chris Tolley by February 7, 2007) ❑ Yes (Conditions/mitigation measures due by February 21, 2007) 0 • BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: January 18, 2007 AGENT: The Engineering Group APN: 031-060-054 & 031-070-084 FILE #: GPA07-0002 & REZ07-0001 PLANNER: Chris Tolley *There are no Standard Conditions for a General Plan Amendment. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ I. Prior to the issuance of building permits, obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. ❑ 2. Prior to the issuance of building permits, deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of building permits, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels except at approved access points. B. DRAINAGE ❑ 1. Prior to the recordation of the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to the issuance of building permits, establish 100 -year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ 1. Prior to the issuance of the Rezone, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: January 18, 2007 AGENT: The Engineering Group APN: 031-060-054 & 031-070-084 FILE #: GPA07-0002 & REZ07-0001 PLANNER: Chris Tolley *There are no Standard Conditions for a General Plan Amendment. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: D. SEWAGE DISPOSAL AREAS ❑ I. Prior to the issuance of a building permit, the applicant shall meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. ❑ 2. Prior to the issuance of a building permit, those wells indicated on the site plan that are proposed to be destroyed in order to provide required usable sewage disposal areas, shall be destroyed under a valid Butte County Environmental Health Division permit. ❑ 3. In the nitrate area record executed Future Sewer Service and Storm Drainage Agreements. ❑ 4. Prior to the issuance of a building permit, meet the requirements of the (Watershed Protection Zone) (Villa Verona Moratorium Area) (Cohasset Specific Plan). E. INDIVIDUAL WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, provide a source of domestic water for the building on (lot) (parcel) ❑ 2. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. F. PUBLIC WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. G. EXISTING COMMUNITY SEWER ❑ I. Prior to the issuance of a building permit, under a permit issued by the Environmental Health Division, abandon the septic tank and connect the dwelling(s) on (lots) (parcel(s)) to public sewer. BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: . Chun, Verney (Tidewatchers Assoc.) AGENT: The Engineering Group FILE #: GPA07-0002 & REZ07-0001 *There are no Standard Conditions for a General Plan Amendment. DATE: January 18, 2007' APN: 031-060-054 & 031-070-084 PLANNER: Chris Tolley PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: H. BUILDING PERMITS ❑ 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. ❑ 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. I. EXISTING STRUCTURES ❑ 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. ❑ 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: January 18, 2007 AGENT: The Engineering Group APN: 031-060-054 & 031-070-084 FILE #: GPA07-0002 & REZ07-0001 PLANNER: Chris Tolley *There are no Standard Conditions for a General Plan Amendment. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: J. SITE DEVELOPMENT ❑ 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Exhibit B" and dated 20 and is incorporated herein by this reference. ❑ 2. Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. ❑ 3. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. ❑ 4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. ❑ 5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING ❑ 1. A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. ❑ 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than gallon size. ❑ 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, during the term of this permit. ❑ 4. All graded slopes, over 5 feet in height, or on slopes greater than %, shall be seeded, planted, mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. ❑ 5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree species shall be approved by the Planning Division prior to planting. ❑ 6. Prior to the commencement of grading and/or construction activity, all individual or groups of oak trees which are to be retained as part of the project, shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed; The RPZs shall be maintained after the completion of construction in order to continue to protect the oak trees, but the fencing shall be removed. L. GRADING ❑ 1. During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. Archaeological artifacts are defined as follows: ❑ 2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 -year floodplain and/or streambed, the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS ❑ 1. Prior to the issuance of building permits, payment of the North Oroville/Thermalito Traffic Impact Fees shall be made. ❑ 2. Prior to the issuance of a building permit for each new or additional living unit, the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. ❑ 3. Prior to the issuance of the Rezone, to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. ❑ 4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. ❑ 5. This Conditional Rezone is granted for a period of month(s) at the end of which time it shall expire (unless the approving authority has held a hearing thereon and granted an extension. In connection with such an extension, the approving authority may add, change, or delete conditions). ❑ 6. Approval of this Conditional Rezone shall become null and void if the use for which it has been granted is not established within two calendar years from the date of approval. No formal cancellation or revocation action by the County will be necessary. ❑ 7. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. ❑ 8. Approval of this application does not become effective unless, prior to 4:00 p.m. on 20_, the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the County Counsel. ❑ 9. Prior to the issuance of a building permit or prior to the issuance of a Rezone for a Mobile Home Park, the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II, of the Butte. County Code. The fee amount shall be determined and calculated as of the date of application for building permit. ❑ 10. Prior to the issuance of the Rezone, the applicant or property owner shall sign and record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required fees. ❑ 11. Prior to the issuance of the Rezone, the applicant shall contact the Butte County Tax Collector's Office to begin the process of a Transient Occupancy Registration Certificate. A Transient Occupancy Registration Certificate shall be required within ten (10) days after commencing business for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile home park, recreational vehicle park, campground, or parking area (See Chapter 23A). ❑ 12. Prior to the issuance of the Rezone, the applicant shall pay all outstanding County fees. BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: January 18, 2007 AGENT: The Engineering Group APN: 031-060-054 & 031-070-084 FILE #: GPA07-0002 & REZ07-0001 PLANNER: Chris Tolley *There are no Standard Conditions for a General Plan Amendment. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: ❑ 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. ❑ 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. ❑ 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. Butte County Department of Development Services TIM SNELLINGS, DIRECTOR / PETE CALARCO, ASSISTANT DIRECTOR a «• Y,e r "; t 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538 7785 Facsimile PROJECT SETTING DESCRIPTION 6AA0*7--e6L'21- Application Name: 'Verney Chun Project Number: PC' 2-&2'"0'V Identify any applicable proposed development schedule, including anticipated, incremental, or phased development and all associate projects. s Development of the lot is subject to Rezone and General Plan Amendment approval, as the property is not currently zoned for private ownership or development. 2. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies. • Permits will be required by Butte County Environmental Health & Building Departments. Described the site as it exists before the project, including information on topography, soil stability, plants, animals and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. ® The existing property is vacant and was previously owned by the Department of Water Resources. The site is located off of Cherokee Road between the Thermalito Power Canal and Western Pacific Railroad. The current topography of the site slopes from Cherokee road toward the railroad. There are no existing structures. 4. Describe the surrounding properties, including information on plants, animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.) intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). • Surrounding properties are currently zoned as Quazi Public, with the exception of the adjacent property, and properties to the northeast zoned AR -1 (see attached map). The City of Oroville does have property south of the project. An inquiry was made to annex the property to the City, but at this time this would also require a Sphere of Influence Amendment. At this time Single Family Residential development is proposed. Perk tests performed in May of 2006 do not support development further than that which is proposed at this time. As such future date when public sewer facilities are available, the property potential for a more dense development will be more feasible. 5. Include any special studies prepared for the project site including, but not limited to traffic, biology, wetlands delineation, archaeology, etc. 0 No special studies have been prepared for the project at this time. January 11, 2007 • • THE ENGINEERING GROUP, INC. Development Engineering, Eco -Hydraulics, Surveying Development Services Department Butte County 7 County Center Drive Oroville, CA 95965 Subject: Rezone and General Plan Amendment Property Location: Cherokee Road, Butte Co. CA APN 031-060-054 & 031-070-084 Dear Planner: On behalf of our client Verney Chun, The Engineering Group, Inc. formally requests that assessor's parcel numbers 031-060-054.& 031-070-084 be rezoned to AR -5, with a general plan of A -R. Proof of current property ownership has been provided as attachments in addition to the above mentioned Rezone and General Plan Amendment submittal package. If there are any questions, please do not hesitate to contact me. Sincerely, Amber Pierce Project Coordinator .7- 1250 - 1250 East Ave. Suite 10 • Chico, CA 95926 Tel 530.899.0409 • Fax 530.899.0943 • e-mail. teg@theengineeringgroup.us, e' -' ,r�vrl•1 FlJY :1_11411\V .... / �� - �� 9 - ARJ\j \ Seer\ 61 �I .cam aye\ G1oud Or E M U O` Mono Ave �c �y V` :ash Clipped from Butte County General Plan & Zoning Map dated 10/24/06 r,� • .• Northeast Center of -the: California State University, Chico BUTTE SIERRA Building 25, Suite 204 California Historical GLENN LASSEN SISKIYOU Chico, California 95929-0377 Resources ODOC BUTTER TEHAMA Phone (530) 898-6256 Information System PLUMA. UMAS SHASTA TRINITY Fax (530) 898-4413 raeirzfocrztr^@csuchico. edu Request for Project Review Project Reference Number: REZ07-0001 and GPA07-0002 Project Title/ Applicant Name: Verney Chun Assessor's Parcel Number(s): _031-060-054 & 031-070-084 Acres/ Linear Miles: Street Address: Cherokee Rd. North of Thermalito Power Canal Project Description: The applicant is requesting Rezone of parcels 031-060-054 and 031-070- 084 from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Concurrently, the applicant is requesting a General Plan Amendment of the parcels from P -Q (Public -Quasi Public) to AR (Agricultural Residential). The parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. Project Location: Township: Range: USGS 7.5' Topographic Quadrangle Map(s): Section(s) Please enclose a copy of the relevant portion of the USGS 7.5' quadrangle may W1) with the project area clearly and accurately outlined Contact Person/Planner: Chris Tolley Contact Phone Number: 530-538-7603 Agreement For Butte County Archaeological Resources Project Review By The Northeast Information Center (NEIC) The California Environmental Quality Act (CEQA) is the California State statute that requires the Butte County Department of Development Services to perform an environmental review on all discretionary land use projects, to identify the significant environmental impacts of the project and to avoid or mitigate those impacts, if feasible. Every development project which requires a discretionary governmental approval will require at least some environmental review pursuant to CEQA, unless an exemption applies. The environmental review required imposes both procedural and substantive requirements. At a minimum, an initial review of the project and its environmental effects must be conducted. Depending upon the potential effects, a further and more substantial review may be conducted in the form of an environmental impact report (EIR). A project may not be approved if feasible alternatives or mitigation measures cannot substantially lessen the significant environmental effects of the project. At the state level, CEQA requires that public agencies consider the effects of their actions on historical resources eligible for listing on the California Register of Historical Resources. "Historical resource" refers to buildings, structures, sites (prehistoric and historic), objects, districts, and all manner of properties containing material remains of past human life or activity. The Department of Development Services utilizes the Northeast Information Center (NEIC) of the California Historical Resources Information System (CHRIS) to identify projects that may have archaeological significance. The CHRIS is a statewide system for managing information on the full range of historical resources identified in California. This system is under the authority and direction of the Office of Historic Preservation (OHP), the State Historic Preservation Officer (SHPO), and the State Historical Resources Commission (SHRC). The Northeast Center of the CHRIS system, located at California State University, Chico, manages the historical resource records for 11 counties, including Butte County. The Northeast Information Center will furnish a Record Search to Development Services indicating the archaeological/historical significance and sensitivity of the applicant's project area and additionally providing a recommendation as to whether further archaeological survey is warranted. If further archaeological survey is required, the application would be considered incomplete until the appropriate archaeological survey is completed and reviewed. The Department of Development Services will forward applicant's payment (by check) of $60.00 and relevant project application information required for the Records Search to NEIC. NEIC will provide the results of the Records Search to Development Services. Development Services will notify the applicant if further archaeological survey is warranted. The $60.00 fee does not cover the cost of further archaeological survey work. If further archaeological survey work is required, Development Services will work with the applicant to see that it is accomplished, according to set standards, by a qualified archaeologist. The applicant shall bear all costs associated with further archaeological survey work required to continue processing of the planning project application. THIS FORM MUST BE ACCOMPANIED BY A COPY OF A 7.5' TOPO MAP, WITH THE PROJECT AREA OUTLINED. THIS IS USED DURING THE REVIEW TO RESEARCH CULTURAL SITES. The undersigned applicant for the project as identified below has read and understood the Butte County Archaeological Resources Proiect Review process and agrees to fund the required Record Search to be provided by NEIC. Os Attached is a check for $ made payable to the Northeast Information Center for NEIC to perform the Records Search. Failure of payment to NEIC for this Records Search would result in the planning project application to be considered incomplete until payment of the $60.00 Records Search fee along with any related fees associated with non-payment (returned check charges, etc.) paid in full to NEIC. Applicant SignahA Verney Chun Applicant PRINTED Name & 9 It a Check Number (.2�(�.��I Planner, File N6nber Revised 07/11/06 K:\Planning\FORMS\Applications\ProjectlnfoForTn—AgentL.NEIC.doc Date ..i� _ j / a: �.j l \�� ,\ it � •�� — � �L�' .'ti?..,r,'-'�: /:". i i��itE�'�i�f !S �s�t {{�(•.��\\ �'' ..L �` • .. r!^' } '_` i•Y�_ i�� � "_ � >\ } t`11 `. :IicP� II Y4'¢�_.I ipho >a If BeEI`?6 \\ix I' if EiksOmp50r1" -' "V 7,: ;'1 -. , --..y. !^^. � ;''• j ` /. .•�f Eit` �Pioijeer I`�, 4116 1 \\ J :, i „� , '`� C •,���' �'--,,•_` `� i tIr l ;Thermalitq �!�lverslon 0i �-'•-- _•'s�..a•1 •_..' ,GC k •�/!'� ` t )r:6-fir' lk P \ • '�.� ' 1-•J,�• a • .. 2� �' y •! •�J•••: ���J� ' I j rig 5m 269 ..'a•`/ .�S \.� \I; ''cv 1r , :`1•:' j ��'. 1jj �i ,+r• 1 Es i..- :.�-""--;i'tl (� �`':' • ',- .�:� a e` �alher - •._ e'.e.' �;ly_ J.�I: t .��..'�=��'�:,, ... Fist-.Ha(YREZONE & GENERAL PLAN '• z, : ,g AMENDMENT PLAT • i� • ,re.\ /'. ��,. l ��: A WITHIN SECTION 5 OF TOWNSHIP 19 NORTH, •�' �, ,�. "",moi', (57`b RANGE 4 EAST. M.D.B.&M. BUTTE COUNTY, CAUFORNIA. • •'if / JjQ: ,. Cfdroek tM arae f VERNEY CHUN f • - Yr;��. Pa�WOr f�i 630 RAVENNA TERRACE FREMONT, CA 94536 THE ENGINEERING GROUP INC. � �,- l � • �`r ri TIMOTHY C. WOOD, R.C.E. 61779 ' �� L., tRE Z 1250 EAST AVE. SUITE 10 4 n sG� J CHICO, CA 95926 Rife �, \ r( i, n �✓_ Park '�Me 5 (1 ti,�� a P{t (SM) SOO-0409 FAX (530) ese—os�t --- .4 ••1. . ��.. ''' .._Y'.Rw(t L•. Air ti!':C FF DECi],®FR 2006 SCALE: 1. 1500' SHEET 1 OF 1 . .� �,.._.t t... ....:.e°.,..<'' �'4 .li;:i.... )`."> �>.eu3� ��t s... aria.:_ ...e�..l�. :7 :ti�i.:,.e�. ,... `�: ..1:'�..G.... :sa'.�.sx .. e.•�. i?�._..s:�. s.�i .....__.,... ,.mac.. u�i� .'Y, TIDEM ERS ASSOCIATE, L.P. 90-3750/1211 032 630 RAVENNA TERRACE FREMONT, CA 94536 l _ ((__ DATE / Qf 'SUI cE^^ , P TAY OTHE V I� ORDER OF � ARS Lt I a.�� .. �. ROM FIRST BANK 2395 WILLOW PASS ROAD CONCORD, CA 9452p FOR AUTHORIZED SIGNATURE ap 11800 103 2ol 1: 12 11375061: 94 189 1674511' `%E„� .;h'i] K _'n j� '���7—t �(,� q�`•y�,^r. �'j,IVT¢:��q ���0,eyf. �fZ�a1 �Tf,��9���ji�Ij����iJ,��f �t t 4s�'4:.: !'�"=aly!�ti� �?w -j�•�'.i' i ��(�\���vt��/��7^, k�''u�-•�` ice• � w� C w:�_?u..i�. u..X�?..4r. a.. � .'4•i.-±ici L%3..Y �k� ,`>'s.la�: f P.w }. �tiM%: �����`.aw'+i .��C.:4ima...+"duz ilS...c'I.��.u.'li.ia..�.`t IVIGIYIV .5,9 IVP AUTHORIZED SIGNATURE 1110026591i' i:11121,L420251:0700006-5LPe � V1111i� 1111', � ��; :.• c�; '�� ���� .�✓��` I���/� ��`•' �f1Yl�l —■11111 ',� `�� �/�, oil 16, IVA will '�: ���IIIIIIIIIIIII'�.,,lil�!':� 11,11111 IIIfiI6; Apo I ll� 11 l l l� i l l- /�' .-. `,��i►,'.v� December 29, 2006 • • THE ENGINEERING GROUP, INC. Development Engineering, Eco -Hydraulics, Surveying Development Services Department Butte County 7 County Center Drive Oroville, CA 95965 Subject: Rezone and General Plan Amendment Property Location: Cherokee Road, Butte Co. CA APN 031-060-054 & 031-070-084 Dear Planner, Please find the following attached items accompanying this transmittal: 1. Signed Rezone & General Plan Amendment Applications o Project Description o Zoning & General Plan snapshot o Reduced 11" x 17" Site Plan with Aerial 2. North East Information Center Application o 8 %" x 11" Quad Map 3. CD with digital files of: o 18" x 26" Site Plan o 18" x 26" Site Plan with Aerial o 8 '/a" x 11" Quad for North East Information Center 4. One Reduced 11" x.17' Site Plan 5. Evidence of Current Property Ownership o Preliminary Title Report o Creation Deed o Current Deed 6.30 18" x 26" Copies of the Rezone/General Plan Amendment Site Plan 7. Checks for the following fees: o $6585.50 - Rezone 0 $8194.50 - General Plan Amendment o $14,781.00 to Butte County o $ 60.00 to the North East Information Center (NEIC) r.•..F j�T•: �. If there are any questions, please do not hesitate to contact me. -� �r. Sincerely, Amber Pierce Project Coordinator 1250 East Ave. Suite 10 • Chico, CA 95926 Tel 530.899.0409 • Fax 530.899.0943 • e-mail. teg@theengineeringgroup.us '4V ;Z- Ott lid 1110 1"oiling EF, 1111 I I I I I 1111MI J&, !m Fidelity National Title Company OF CALIFORNIA 455 Oro Dam Boulevard, Suite A • Oroville, CA 95965 (530) 533-5511 • FAX (530) 533-1526 PRELIMINARY REPORT ESCROW OFFICER: Terri Ruston C-1 r- r TO: Coldwell Banker Lake Realty 459 E Oro Dam Blvd. Oroville, CA 95965 ATTN: Louise PROPERTY ADDRESS: EFFECTIVE DATE: January 16, 2004, 07:30 A.M. ORDER NO.: 105053 LOAN NO.: SHORT TERM RATE: no The form of Policy or Policies of title insurance contemplated by this report is: California Land Title Association Standard Coverage Policy - 1990 1 . THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS'REPORT IS: A Fee 2: TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Verney W. Chun, a married man, as his sole and separate property; Sherwin S. Chun, a married man, as his sole and separate property; Quinlin Chun, a single man and Kerwin Chun, a -single man; each as -to a 1/4 interest 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE UNINCORPORATED AREA, IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF RN\kar 01 /23/2004 1 Order No. 105053 EXHIBIT "ONE" All that real property lying in Section 5, Township 19 North, Range 4 East, M.D.B.&M., County of Butte, State of California,. said property lying Southerly of the North line of that property described asPARCEL "C'q.in the Grant Deed recorded September 1, 1961, mBookA1 1D36;Page 309, bfifi'ciaf Records of said County, described as follows: BEGINNING at a point.intersecting the West line of Section 5 and the Northerly line of said "PARCEL C", from which the Southwest corner of Section 5 bears South 00144'17" East 2384.83 feet; thence from said point of beginning along the West Line of Section 5 South 00044'17" East 104.57 feet; thence leaving said West line South 40058'115" East 52.04 feet; thence South 40058'15" East 400.00 feet; thence North 49001'45" East 125.42 feet to the Southerly.. boundary, of a Director's Easement Deed, recordedAug�ust`23 1977,<m Book 2203; Page 456,Ofrfcial Records of said County; .. thence along the Southerly bound..............rf said"Easement South 65°`28'45" East 821 .28 feet to the Westerly right of way line of Cherokee Road; thence along said Westerly right of way -the -foil -owing 6 coarses. North 35053'05" East 225.32 feet; North 31138'06" East 83.24 feet; North 30° 19'06" East 145.36 feet; North 31 001'54" East 140.87 feet; North 36118'10" East 69.37 feet; North 33100'22" East 326.46 feet to the most Westerly corner of the Oroville Water�Company, as described i1,4he cram:..L]pPN.rar.nr':iieii:Julv;.25.' 1:89.8; in Bo.o.k 50 o.f Deeds, at'_Page.5f.Owofi.said .County, ' said­W`esterly'corner being .monumented by a 3/4 -inch iron pipe with plastic cap stamped "CALIF. D.W.R.", thence along the Westerly boundary of said Oroville Water Company property the following 2 courses: North 24°00'55" West 779.95 feet to a 3/4 -inch iron pipe; North 73130'45" East 350.53 feet to a 3/4 -inch iron pipe with a plastic cap stamped "CALIF. D.W.R."; thence leaving said Oroville Water Company property North 08006'15" West 278.12 feet to the Northerly boundary of said PARCEL "C"; thence along said Northerly boundary the following 4 courses: along a curve to the left having a radius of 1247.34feet through a central angle of 37005'18", an arc distance of 807.39 feet; North 48140'00" West 90.00 feet; South 41020'00" West 699.62 feet; along a curve to the right, having a radius of 1537.34 feet, through a central angle of 21 008'31 ", an arc distance of 567.27 feet to the p-oint of beginning, containing, after making exception, 30.10 acres, more or less. EXCEPT.I:NG,THE;R:EFROM:. The..parce.l of.nland described in the.",Deed re.corded:A.pril 1 1 , 1895,n Book 40 `of Deeds, Page 39. ALSO EXCEPTING THEREFROM: All geothermal resources and all minerals, oils, gases, and other hydrocarbons by whatsoever name known that may be within or under the parcel of land hereinabove described without, nowever, the right to drill, dig or mine through the surface thereof. Assessor's Parcel No: 031-060-054 and 031-070-084 2 • ITEMS: (Continued) Order No. 105053 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2004-2005. 2. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2003-2004, Assessor's Parcel Number 031-060-054. Code Area Number: 104-004. 1st Installment: $65.68 delinquent plus penalty of $6.56 2nd Installment: $65.68 not marked paid Land: $12,099.00 Improvements: $0.00 Exemption: $ Personal Property: $ Affects a'portion of the premises. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2003-2004, Assessor's Parcel Number 031-070-084. Code Area Number: 104 -005- 1st Installment: $72.13 delinquent plus penalty of $7.21 2nd Installment: $72.13 not marked paid Land: $13,335.00 Improvements: $0.00 Exemption: $ Personal Property: $ Affects the remainder of the premises. 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. 4. Easement(s) for the purpose(s) shown below and rights. incidental thereto as granted in a document; Granted to: Development Syndicate Limited, et al Purpose: Road Recorded: December 18, 1895, Book C of C.ov.enants,-Page 248, of.. Official Records The exact location and extent of said easement is not disclosed of record. 3 ITEMS: (Continued) Order No. 105053 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Oroville Water Company Purpose: Water pipeline Recorded: October 17, 1919, Book 182 of DEEDS, Page 16, of Official Records The exact location and extent of said easement is not disclosed of record. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The Western Pacific Railroad Company Purpose: Construction, operation and maintenance of facilities Recorded: September 12, 1975, Book 2014, Page 316, of Official Records and re-recorded January 21, 1977, Book 2138, Page 135, of Official Records The exact location and extent of said easement is not disclosed of record. 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Lorraine E. Spinelli .3 Purpose: Road. Recorded: April 23, 1977, Book 2203, Page 456,. of Official Records Affects: The Southwesterly 60 feet. END OF ITEMS Note 1. There are NO deeds affecting said land, recorded within twenty-four (24) months of the date of this report. Note 2. The name(s) of the buyer(s) furnished with this application for Title Insurance is/are: Steven K. Barham and Stacy L. Barham If these names are incorrect, incomplete or misspelled, please notify the Company. Note 3. Effective January 1, 1998, there are new guidelines for documents that are recording in Butte County. (1) the right and left margins on the document have to be at least one-half of an inch. Documents will .not be recorded that do not comply with these margins. This includes typed text and signatures. (2) any documents over 8 1/2 X 11 will be charged a penalty. Please be aware of these changes. Please change your documents accordingly. 4 ITEMS: (Continued) Order No. 105053 Note 4. California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003, provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. Note 5. "Section 12413. 1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to . avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. Note 6. The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum ; cancellation fee shall be $360.00. Note 7.- California Revenue and Taxation Code 18668, effective January .1, 199-1, requires that the buyer in all sales of California Real Estate, wherein the Seller shows an out of State Address, withhold 3-1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. 5 EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B. you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1 . Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Data and is binding on you if you bought the land without knowledge of the taking 3.Title Risks: that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date -unless they appeared in the public records • thatresult in no loss to you • that first effect your title after the Policy Date - this does not limit the labor and material lion coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets, alloys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B EXCEPTIONS In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This doe. not limit the lien coverage in. Item 8 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in item 12 of Covered Title Risks. 4. Any water rights or claims or title to water in or under the land, whether of not shown by the public records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company MI. not pay loss or damage, costs, ettomeys'.fees or expenses which arise by reason of: - , t. (e) Any law, ordinance or governmental regulation (including butnotlimited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupeney, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter .,acted on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a.notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has bean recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which hes occurred prior to Data of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects. liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no Ion or damage to the insured claimant.' (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. Unenforceability of the flan of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit . protection or truth in lending law. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: PART 1 1 . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. levies taxes or assessments on real property or by the public records. Proceedings by a public agency 4, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which which may result in taxes or assessments, or notices of such proceedings, whether or not shown by a correct survey would disclose, and which are not shown by the public records. the records of such agency or by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the 2. Any facts, rights, interest; or claims which are not shown by the public records but which could be issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under ascertained by an inspection of the land or which may be asserted by persons in possession thereof. (e), (b), or (c) are shown by the public records. EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not Pay loss or damage, costs, attorneys' fees or expenses which -arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoymant of the land; (ti) the character, dimensions or location of any improvement now or hereafter erected on the land; Iiii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Data of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a'notica of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Data of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (e) created, suffered, assumed or agreed to by the insured claimant (b) not known to the Company, not recorded in the public records at Data of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the data the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant (dl attaching or created subsequent to Date of Policy (except to the extent that'this policy insures the priority of the lien of the insured mortgage over any statutory fan for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: W the transaction creating the interest of tate insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the.preferential transfer results from the failure: ' (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not funited to building and zoning laws. ordinances, or regulations) restricting, regulating, prohibiting or relating to 111 the occupancy, use, or enjoyment of the land: (n) the character, dimensions or location of any improvement now or hereafter erected on the land: NO a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land e, or was a part or (HI environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Data of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Data of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value wrthout knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the. insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured clairitent' (d) attaching or, created subsequent to Data of Policy, or ' (a) resulting in lossor damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by mason of the operation of federal bankruptcy, state insolvency, or similar creditor rights law., that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer: or III) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer: or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above ALTA policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that 3. Easements, liens or encumbrances, or cleims-thereof, which are not shown by the public records. levies taxes or assessments on real property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which which may result in taxes or assessments, or notices of such proceedings, whether or not shown by a correct survey would disclose, and which are not shown by the public records. the records of such agency or by the public records. 5. (a) Unpatented mining claims; Ibl reservations or exceptions in patents or in Acts authorizing the 2. Any facts, rights, interests or claims which are not shown by the public records but which could be issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under ascertained by an inspection of the land or by making inquiry of persons in possession thereof. (a), (b) or Ic) are shown by the public records. EXHIBIT A (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or .violation of any low or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on Land e. Land division f. environmental protection This Exclusion does not apply to violations, or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it unless: a. notice of exercising the right appears in the Public Records at the Policy Data; or b. the taking happened before the Policy Date end is binding on You if You bought the Land without Knowing of the taking. s. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date . this does not limit the coverage described in Covered Risk 7, 84 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: e. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A: and b, in streets, allays, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. RESIDENTIAL TITLE INSURANCE POLICY ONE -TO -FOUR FAMILY RESIDENCE ENHANCED VERSION (1997) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: a. land use; I'. improvements on the land; C. land divisions; or d. environmental protection. This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Data. This exclusion does not limit the coverage described in Item 12c and d, 13 and 18 of Covered Title Risks. 2. The right to take the land by condemning it, unless: a. a notice of exercising. the right appears in the pubfe: records on the Policy Data; or b. the taking happened prior to the Policy Data and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: a. that are created, allowed, or agreed to by you; b. that aro known to you, but not to us, on the Policy Date - unless they appeared in the public records; C. that result in no loss to you; or d. that first affect your title after the Policy Date - this does not limit the coverage described in Items 3b, 8, 17 and 19 of Covered T@le Risks. 4. Failure to pay value for your title. S. Lack of a right: (al to any land outside the area specifically described and referred to in Item 3 o1 Schedule A or (b) in streets, alleys, or waterways that touch your land. This exclusion does not limit the coverage described in Items 5 and 12a of the Covered Title Risks. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are axpmssly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land: (ii) the character, dimensions or location of any improvement. now or hereafter erected on the Land ; (iii a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part;or (ivlanvirorimental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect lien or encumbrance resulting from a violation or alleged violation affecting the Land hes been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12. 13, 14, and 16 of this policy. . (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Data of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Data of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant: (b) not Known to the Company, not recorded in the Public Records at Data of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the data the Insured Claimant became an Insured under this policy; (c) resulting in no loss damage to the Insured Claimant: (d) attaching or created subsequent to Data of Policy (thio paragraph does limit the coverage provided under Covemd Risks 8, 16. 18, 19, 20. 21, 22 ,23. 24, 25 and 26); or (a) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, Wel and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as tc advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limh the coverage provided in Covered Risk S. S. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Data o Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title. the existence Of which are Known to the Insured at: (a) The time of the advance; or (bl The time a modification is made to the terms of the Insured Mortgage which changes the rate c interest charged, it the rate of interest is greater as a mutt of the modification than it would hav, been before the modification. This exclusion does not limit the coverage provided in Covered Risk B. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on c after Data of Policy in accordance with applicable building codes. This exclusion does not apply t violations of building codes if notice of the violation appears in the Public Records at Dots of Policy. Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates, or others; • From our internet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to'the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain• states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. SME ----------- :N CORkVRAT10b: O�,. Aami cA 4f. JOW: ALL VIA BY TRUJI YAMIMTSI - WE Me QORMRATJOA -OF AMR? As"amsficla ry Deed: of 'Tru-st4 Was,: rocorda a 0 or C. t B ly g � M!"Tall -grant,. remiao,,'ao reo=Tnv, relbaea 'and seal_ thio 1932i'. In; tbq!orfi a's - Ctf i the . CMC3 o: Otdi9361' at rect".1 iplwliptlt' led" theiista-i 19 ...... ..... "000-iMi'Statt, and P98ifilng IWIR... 00..&A offloar, to -Witt 08-488OCIATION and e:-orfl t,19 . . 010 "bit"khe person who @%,Lout d mw UOTI, therein named, mnd k'"? ration, fteauted the C1 T. 19 N. R. 4 E. M. D . ht 3.1 32 6 r THOMPSONS FLAT M.O.R. Sk 1 Pq 5 u MOTE; neea parcels are for assessment p.0eposse onfT and m01 -01 camlltele 1-901 peraelr. BK I Assessor's Map 10.31- 06 County_.of.B Her Calif. THIS IS NOT A SURVEY UNTY AS THIS IS Ao D IOpROVIDOD SOLELY TO AID N PLA ND LOCATING THE ELLAND ND IN RE ECT TOATTROADS CO' OTHER ASSU!,.4F..S NO LIADILITY FOR ANY LOSS OCCURRING RTHEEASON NEON OF RELIANCE WPRR 6( ..' (Re, ocafed A 1.9627 /I A001, Prt. SBE - 4-51-5 a 91 .. m 1 E9 \ � f \ e c I 61 ^ ° afst Pte? l , <9 ACTri rt. a portal, are foraffeumenl purpatef only �P c �.,Q �• and mol not comflfute 1,901 Per cOh- c GO /4 , Assessor's Map No. 3/- C17 County o-f-"uime, Calif. • ...REvrsED, 11_94' THIS IS NOT A SURVEY THIS IS A COPY OF THE COUNTY ASSESSOR'S PLAT MAP AND IS PROVIDED SOLELY TO AID IN LOCATING THE LAND IN RESPECT TO ROADS AND OTHER PARCELS. FIDELITY NATIONAL TITLE CO. ASSUMES NO LIABILITY FOR ANY LOSS occ,Ai•.?i 4G BY REASON OF RELIANCE THEREON. 91 SEP -08-2006 03:35 1 VALLEY TITLE 8 ESCROW •�'��i a/.! 4?�; P.05 irE asOugas AGCY P&*ATA*Pa OF wAn! 1EPOUKE I�C�OROt`1pS • 1Y . wI4im ftecoww MAR 10 DEPARTMEW Of WAM R&SOURM, • � arae . a 85-30407 ' �crir,:� c�oa►[cauFu�sa •«rt UMST a M OCT -T A $ 27 FA" s.vo•.+e� C�w•+s � AM: Par" SPOA g ABOW9 Twee LbW PROM FaoeOsEME" ani: DIRECTOR'S DEED ,� maln =��ir- AO , P7uee! iYs T-C-�--4-R Tno STA" OV , CALIFORNIA acting Im, and thrOMA ire Mm a r at WORM 18mm al- Comma M Sam -1 IL Churg, a ailtgle Peg, as his sole and sefarate paopeety OM lb" seal Pe"" NY it Butte 8ta.edCLh*wnmiisuMmjA= identified in tete records or the DeparCmeat of Wates Pesourvea gar_ Grit Far7:el Ib. Ar+a Estate Reseraation T.C.Q.-9-a 3D.10 Fee Minesals . r sad described as ral MS. (In :the evert of any dlscrepeuiq between the abme identification and real property described herein, the real property deaeriptian vill eactrai.) s0. �...�. nYi �+�fyso at.R =0—M~rEtf1r�1 d4M I- 7 'peg rfATI ee pa+w'. .4Z911-44 ss ' •na n. . SEP -08-2006 03:35 .i 1 VALLEY TITLE & ESCROW P.06 ' :'; _ .. 85-30107 •� i All that real property lying in Section 5. 2aximbip 19 North. kaage D East. N.D.M.; Canty of Butte. State of California. said propa-ty lying Southerly o: the North line of that property described as -PARCEL C• in the Grant Deed !recorded September 1, 1961, in Book'1136, Pane 309, Official 110001. of said County, dexribed as follows: BICDRMIG at a point iatersecting the Ye_st line of Section 5.14 the northerly line of said -PARCEL C -j from which the Southwest oorow Of Section 5 bears South 00" 44' 17t East 2380.83 fleet; MENCE FROM SAID POINT OF BEGDHMM along the Peat. line of Section 5 South 000 04' 17- East 104-57 feet; taeaee leaving said Vest lime South l0' 58' 15• Inst 52-04 feet; thence south 4.00 58' 150 Feast 400.40 fact; ttienee North 490 01. 45■ Fast 125-42 feet to the Southerly boundary of . s Director's Faseirnt Dred, re00rded August 23. 1977, 1n Bock 2203, Page 456, official'Recorda of -said Qmty; ttrmce along Southerly boundary or said tent South '65. 29' A* - Wt 921.28 feet to tb,; Westerly Right of Way line a Cherokee iboad; thence along said Westerly Right of Wary the following 6 am=-j@2-- (1) maaea:(1) North 35' 53' 05• Fast 225:-32 Beet; (2) North 31' 38. 060 East 83.2.4 feet; (3) North 30. 19'•06` Bast 145.36 feet; (4) North 310 01' 540 Etat 140_87 fbat; (5) North 36' 19' 10- East 69.3T fleet; (6) North 33° 00' 22' ast 326.46 feet to the mos+. Vesterly owner Of the Oroville Yater Company, as descKbed in the Crus Deed, recorded July 25, 1898, in Book 50, Page 560, Book of Deeds of said County, =aid Vesterly nosey being meted by ram 3/4 -inch Iron pipe vitt plastic :ap stamped wCALM. D.V.11.0; thence along the Westerly boundary of raid Orof lle Yater Conpany property the following 2 co,.rses: (1) North 240 00' 55' beat T79.95 feet to a 3/4 -ink Iran pipe. (2) North 73' 30' w5' East 350-53 feet to s 3/4-imch Irm pipe Mich plastic cap starved "CALIF. D_W.A.'; thence leaving said Orovi:le Water Company property !forts 08. 06' 5" Vest M.12 feet to the Nor`herly boundary of said PARCEL. 'C`; theme along said Northerly boundary the folloving 4 eouraes: (1) Along ri curve to U a left having a radius of 1247.34 fleet throe& ,a. central angle of 3i• 05' 130, an aro distance of 807.39 feet; (2) 'North 48. 40' 006 Vest 90.00 feet; (3) South 41. 20' 00- skit 699.62 feet; (4) Along it curve to the right, having a radius of 1537.34 Beet, thrOL h a central angle of 210 09' 31e, an arc distarre of 56T.Zr feet to the Point of begin; -r9, containing, atter sakin8 exoep"on, 30.10 acres, Lorre or Is". EXCEMING TKREM1 that 9.1: acre parcel of land described in the Deed, recorded April 11, 1895, in Book 40, Page 39, Book Of Deeds of said county. FXCEPTUO THEREFROM all Wstheraal rcaources and. all minerals, oils. gases, and other hydrocarbons by whatsoever name Itfwun t --Mt may be within or under the parcel of land hereinabove described without, hoverer, the right to drill, dig, or mine thrvugh the aurhaoe thereof. SEP -08-2006 03:39 , I I i VALLEY TITLE & ESCROW • P. 06/08 Ii�i1f8 1 , ?.C.tlf.-oma 85-30�O1 .� All that real property lying in Section 5: Tomd*dp 19; North. Range East, M.D.H., Coutts of Butte, state of C><lifort U. sold pangs--ty lying Southerly o: the North line'of that property described as -PO= C• in the Grant Deed recorded. September 1, 1961, in Book 11%, Page 309, 044X141 Aeoads or said County, described as follows: BECDOnZ at a point intersecting the Uest line of Section 5 4n the Northerly line or said `PARCEL CE front whieh the,So4bueat comer of . Section 5 bears South 000 44' 17w East 2384.83 fbet-'/ MENCE FROM SAID POIWr OF OWDO I?C along the Vest. -MM of Section 5 South 000 4141 17' East 104.57 feet; ionone leaving said vest line South W 58' 75'.< t SM4 rest; thence south 400 581 150 East 400.00 text; Uhenen North 490 01. 45w East 125.42 feet tt ,tbe Southerly boundary of . a Director's Faseaent Deed, recorded August 23. 1977. In Book 2203, Page 456, official Recorda of said County; thence along Southerly boundary or paid Eaznent South 65' 218' 45` East 821.28 feet to the Westerly Right of way Lias of Cherokee Road; thea" along said Westerly Right of Way.'the follaving 6 auaaaea: (i) North 35. 53' OS• East Z3 32'f*et; (2) North 31" 38' 06' East 83.24 feet; (3) North 30. 19'•06` haat 145:36 fleet; (h) North 31° O1' 54' East 140.87 feet; (5) North 36" 18' low East 69.37 feet; (6) North 33. 00' 22' ast 326.46 reet to the andw vesterly aomw of the Oroville Yater Company, ae de= iDed in the Opt Deed, recorded July 25, 1898, in Book 50, Page 560, Hook of Deeds or said County, =aid westerly nor new being mi=s.ented by a 314 -stool+ iron pipe vitt plastic :ap stamped •CALIF. O.y.ILG. theme along the Westerly;-Ooundar7 of raid OrO1111e V&ter f)Oaipary PrvPas'ty the following 2 emrses: (1) North 240 00' .SS' vest 779.95 Met to a 3/4 --inch irm pipe: (2) Horth 73' 30'„-56 East 350.53 feet to s 3/4 -Inch iron pipe vit4 plastic cap staiped •CALIF. D.W.R.'; theme leaving said ;Orovi: le Water Cotvny property Bath 08• .06' 15' Vext M.12 feet to .the Nor`herly boundary of sold PARCEL thence along said ,Northerly boundary the following 4 ooutraes: (1) Along A curve to tie left ha” a radius of 1247.34 feet throj&.a central angle or 3-1' 05' 130, an aro distance of 807.39 rest; (2) 'North 48. 40• ooa Wtat 90.00 feet; (3) South.'41. 20' Do` &-3t 699.62 flet; (4)Along a curve to the right, having a radius of 153T.34 feet, through a central angle of 210 08' 310, an are distance or 56T.Zr feet to. the Point of Beginn;-kg, containing, after thong pcoepiton. 30'.10 acres, store or laaa. FXCEp7INC THFJiDIM that 9.1, acre parcel at land described in the Deed, recorded. April 11, 1895, in Boon 40, Page 39, Bode of DOD" of said County. IXCEPTDM ' THER FRCH all gw tberual resources and.' all minerals, oils, gaxd, and other hydrocw bo" by whatsoever name In» teat May be within or under the parcel of land hereinabove described without, hoverer, the right to drill, dig, or mine through the surivee thereof. SEP-08-2006 03:39 VALLEY TITLE & ESCROW P.07i08 f i i 85-30407 ,md eaabeata or record. BeaFlnp and distamom maM in the above deaerlltiM am. based as tbs Ca ]farms Coxrdlnate 37aAM. lar» II. j by i i SEP -08-2006 03:39 UALLEY TITLE & ESCROW , P.08i08 dib*% to spec a! aaaaamanu, if any, ewaiaioo: re wwwN iooa, anti On"Ma as at VINE 'ilu Dirsatoe d Wader PaOoaresa has ""ermined that aw 6614 red Property was «Maim" !w &s" wMs"da ajoPoke" par�o0w. is mew ne dW std is not ww bang used for -ata dendeerr d" parpaaOG f; TIN *=v"aaa M mscoud paraaast to tin asilror* vaMad in the Diraftv of Wow Resources by IN. STATE OF CAL FORKU DEPAWMENT OF WATER RESOVRM D Lp.� DMC Ott of ><n1f R Ra ►acs UhbreDT certify flirt all oonditiona for ""*%&A Get forth is State AOniDietratire Manual 1*41tea 3209 Leve Dean complied with and this dermlas In o"eOpt troy "view by the Depa>rtasat of iiBYe64 i rte„• STATE OF 6A[,I ommEMS _ COUNTY OF SAC•BAMEN7V t.. 1�" , ' i • On thio ._. day of �i Tr »z • • •) , n tha,yw 198 _. bdaes fit. 0A anda»ign+d a Rotary ►c�m/aed ar 1be 8Late of Caldwwa• ming � duly eommiaaiotud sad vw-T%- perianally appaared_�.1.1—� yat+ooall7� to ma 66piowd to sAa on the basic of asrideetory evidence to be the I: *,w= of the Deysrtp)etlt of Water 800" O a[$e Stale of OrLiL tba4 Ri�!'a the �itbin inaQa4tA�L a:�d aLY tr xpersonally bnorn to me or prow" to tae on the 640:0 of Ntisfarlory a'idesa+e to be the person -•bo executed the aameatr belial f of the State d C lifernia, and M rcba , ledged to me that the Star Of Cddornis . ureata4 the name W rrNgn lay band and oCieial aaaL JA C A, ,: _:`'_;..� � N.or► rade � r nWif C,eilerrie (8ea11 w t!a+ara� Eno& i:•.r? I:. 1361 .............................•.0 ' L JUL-07-2006 04:11 VALLEY TITLE & ESCROW 0 P.02 200G -Oft- 5:16 ktwdfq I MC FEE I&IIIII Officlil Reeffol I of FEWILTY PS PRE 9. 0 DO I RECOMINO PBWZMD BY MEOW FM Ads I is, a am= L Mw I coj" CHUN Morl I ML wHEN PEcomw swLTo 09MM 11-ju-M I hp I of 3 AND MAIL TAX OTATEMEMTO TIDEWATCHMANOME,LP. SWRAVENNATERPACE FRBADNr, CA BMW GRANT DEED 1) ARE(Le GME= X is THE UNDERSIGNED DOCUMENTARY _NONE.—( MaMn 11MD) M amriplood of full voln of pooperly commval. or ( ) cmpuW op ful vom less volde of gau or savimbronces writinIN al Imo of xWe. (S) Ual— am; - Courter of Bulb 7=1 Na APN 031400464000 APN 031-070-004000 FOR A VALUABLE CONSIDERATION, BONRA FIDE GIFT AND GRANTOR RECEIVE NOTHING IN RETURN, JA Al QuInlin Chun, an unmawrlad mon, Verney W. Chun, a mwfled man, as his separated property, Sherwin S. Chun, a marriecl man, as Me separate property, and Kerain Chun, an unnwreled man heart GRANT($) to TIdewatchars Aii=W^ L.P. the fbllvMng dasMbed reM pmmty In the unincorporated slum of the Cc" of Bub, State of CaftmIs DWR Percel No. T.C.1 F -9-B L"al deu:dpftn o ti a I ad here and Pinds M pad hereof marked as wd&R'A! STATE OF CALFORMA - couNnyop— — . Amnz& on P-!/0 :ILM) (; bloom IM a no%j MW In Ng for &W CMM SM amp, pom-,wt 1ppwroc a*& CM% VWW W. QW4 ShWab 9. CNn' and Kor*" GNUM PMN* knoomto Re (crorwadtoftwilebAllief asYd I I 0106IMM) We the pereon(S) whogo no*&) %ftm adw2ed b ft %1* kalp"M end wbMbdgM to= go hefthW" cam" ft � In aM M byhWhbMvIrdgrAw%t@) cri tM belrumerl ft pvwp(@), or ft an* um bmW olaWo ft pem*) scied, ewcuW Do buturint vd7M9 "w hard aM officle, SM. x slow wc 13MM6802 WAY.= JLJL-07-2006 04:11 UALLEY TITLE & ESCROW • Jp4.ZA.P�O 11:49gM �' NO.927 P.9i12 �X� v Order No. 5-167897 sCmw= C TETE , LAND REFERRSD TO HEREIN I8 D88CRIBED AS POLLONS r ALL (THAT CBQTAIN R&AL PROPERTY SITUATE IN T= COUNTY OP mrrm' STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; ALL .THAT REAL MPEBTY LYING IN SECTION 5, TOWNSHIP 19 NO=HZH, RANG8 4 EABT, M.D,N., COUWTY OF BUTTS, STATS OF CALIPOiMM, 8AID PROPERTY,LYING sOUT=RLY OF THE NORTH LINE OF THAT PROPERTY D88CRIMM AB f PARcRL C ^ IN THE ORM DEED RBCORDBD 8$PTEmm 1, 1961, IN BOOK 1136, PMIS 309, OFFICIAL RECORDS OF BALD COLWY, DBSCRIBED AS POLLOWSs Bn.GiMING AT A POINT INTERSECTING 7iM WEST LINE OF SECTION 5 AND THE NDa Y LIM OF SAID 'PARCEL C", FROK WHICH THE 8OV18W88T CORNER OF SECTION S BEARS SOUTH 000 44.' 170 BART 2304.83 FM; TEMM FROM 6AIn POINT OF BE[inM= ALONG TEM MST LINZ OF SR=ION S BUM 000 44' 17P . WT 104.57 FRET; TMWC8 LUVMG SAID W99T LINE SOUTH 400 S8' 15" FAST 52.64 FSHT; TAENCH SOUTH 400 56' 15" SM 400.00 F=1 T== NORTH 490 01' 45' SART 125.42 FEST TO THE SOUTHERLY BOUNDARY OF A DIRECTOR'S BASEMOT DEED, RECORDED AVOUST 23, 1977, IN BOOK 2203, PAGE 456, OFFICIAL RECORDS OF SAID COUNTY; TEMM AIM SOUMItLY BOUNDARY OF SAID Et1SROW SOUTH 650 20' 450 FAST 821.29 FEET TO TEE WESTERLY RIGHT OF NAY LINS OF CHBROIME ROAD; THENCE ALONG SAID WESTERLY RIGHT OF WAY THE POLLOiirNo 6 COURSES. '(1) NORTH 339 53' 050 SART 225.32 FEET; ;(2) NORTH 310 38' 060 EAST 53.34 Fes; d3) NORTH 300 19' 060 EAST 145.36 FEET; ;(4) NORTH 31. 011 540 BUT 140.87 FUTi 45) NORTH 360 18' 100 RAST 69.37 FiMT) 16) NORTH 330 00' 220 BAST 386'.46 FEET TO TAE MOST Wi&ST$RLY CORNER OF TBB OEOVILLE NATER COMPANY, AS DSSCRIBBD ZN THs GRANT DBSD RECORDED JULY 25; 1898, IN HOOK 50, PAGE sQo', ROOK or Vrws OF SAXD COIAFrr, RAip WXSTSRLY CORNER 88IDTG NM1U19ENTBn BY A 3/4 -INCH IRON PIPE VITH PLASTIC CAP SM 4PSD °CALIF. D.N.R►0; TJC DICE ALONG THS WESTERLY BOUNDARY OF SAID OROVILL11 11ATER COMPANY PROPERTY THE FOLLOW= 2 COURSES (1) NORTH( 240 00' S50 NEST 779.95 FEET TO A 3/4 -INCH IRON PIPE; (2) NORTH 730 30' 45' EAST 350.53 PUT TO A 3/4 -INCH IRON pIp$ WITH PLASTIC C" STAMPED "CALIF. D.N.R.0; ?HENCE LEAVING SAID OROVILLE WATER COWANY PROPERTY NORTH 080 06' 150 REST -278.12 FEET TO . TEM NORIRERLY BOUNDARY OF SAID PARCNL New; THENCE ALONG SAID NORTMnY. BO MARY TA$ 80LLOMG 4 COURSES: (1) ALONG A CMM TO TAE LEFT HAVING A RADIUS OF 1247.34 FEET THROUGH A CENTRAL ANGLE OF 370 05' 130, AN. ARC DISTANCE OF 807.39 F887; (2) NORTH 48. 40' 000 NEST 90.00 FBBT; (3) SOUTH 410 20' 000 NEST 699.62 FSBT; (4) ALOND A CURVE TO TRE RIGRT, BAYING A RADIUS OF 1337.34 PUT, THROM A CM4TRAL ANGLE OF 210 08' 310, An ARC DISTAPCS OF 567.27 FM TO TH9 POINT OF MMIMING, C ATATN M,* AFTBR MAKING 82- =M=OW, . 3 0.10 AMU, mORE OR LE.88 . EXCEPTING THEREFROM THAT 9.18 ACRE PARCEL OF LAND DESCiI88D IN nM DEED, RECORDED APRIL 11, 19950 IN BOOK 40, PAGE 39, BOOK OF DEEDS OF SAID COUNTY. P. 03 r JUL-07-2006 04:11 UALLEY TITLE 8 ESCROW • t, 1 . JM. 26.21 11 A66�'1 No. 927 P.10v12 BzcsPTm Tmmwx ALL GRommmAL RsaouRcEs Ami ALL .OQIAISms, ons, MUO, AND 03 RDBOCAiC m BY WM7SOEVBR MM MR= THRT MAY BE WITRIN OR UNDER TIM PARCEL OF LAW BERBTi MOV$ D9801319D WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG, OR MM TeiLOM THE SURFACE TMMBDP. SUWBCT TO SPSCIAL A8839MM TS, IF ANY, RESTRICTIONS, RESMMTICM, AMM BASMWTS OF RBCOW.. BUMINGS AND DISTIMS USED IN THE ABOVE DBSCAIPTIM ARE BABSD ON THE CALIFORNIA COORDnam SY8T81'1, IN. ii . �P4 Is F 4F7 Vii' +:y. i • ''T 4 '"i� :,'yir • 1-5-06 10:27 AM CHUN application for GPA/REZ APN: 031-060-054 and 031-070-084 • Owner mailed in GPA/REZ application to DDS by way of the Engineering Group as agents. Materials were received on 1-4-07 and placed in Troester's box. Upon review of the application materials and PRED 06-03 file, Steve called the Eng. Group. Steve spoke with Amber Piece of the Engineering Group. He explained that this application is inconsistent with the PRED 06-07 (Jan. 06) review for AR/AR-5 designations. This application proposes LDR/R-1 designations. Environmental Health had commented that 3-5 acres per dwelling would be needed in this area (bad soils) to satisfy Appendix VII. LDR/R-1 would require availability of sewer and domestic water. Extension of existing sewer service would require crossing of major canal. City of Oroville was not interested in annexation back in Jan. 06. The requested action would also appear to constitute a "spot zoning". She will follow up with the owner/applicant to see how they want to handle this situation. In the meantime, DDS will not log the application in nor accept the fees. Steve will hold these, pending her response. Wcht BI 0 0 'J - 4>,V. Z 1 0. �&-e �;� i VL k4 AIA1141A. -s- S' V December 29, 2006 THE ENGINEERING GROUP, INC. Development Engineering, Eco -Hydraulics, Surveying Development Services Department Butte County 7 County Center Drive Oroville, CA 95965 Subject: Rezone and General Plan Amendment Property Location: Cherokee Road, Butte Co. CA APN 031-060-054 & 031-070-084 Dear Planner, Please find the following attached items accompanying this transmittal: 1. Signed Rezone & General Plan Amendment Applications o Project Description o Zoning & General Plan snapshot o Reduced 11" x 17" Site Plan with Aerial 2. North East Information Center Application o 8 1/2" x 11" Quad Map 3. CD with digital files of. o 18" x 26" Site Plan o 18" x 26" Site Plan with Aerial o 8 1/2" x 11" Quad for North East Information Center 4. One Reduced 11" x.1 7" Site Plan 5. Evidence of Current Property Ownership _ o Preliminary Title Report o Creation Deed o Current Deed 6.30 18" x 26" Copies of the Rezone/General Plan Amendment Site Plan 7. Checks for the following fees: o $6585.50 - Rezone 0 $8194.50 - General Plan Amendment o $14,781.00 to Butte County o $ 60.00 to the North East Information Center (NEIC)1 If there are any questions, please do not hesitate to contact me. Sincerely, Amber Pierce Project Coordinator 1250 East Ave. Suite 10 ^ Chico, CA 95926 Tel 530.899.0409 • Fax 530.899.0943 • e-mail. teg@theengineeringgroup.us 0 . 6 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING MEMORANDUM TO: Agency or Department FROM: Chris Tolley, Associate Planner SUBJECT: Request for comments on a revised land use application GPA07-0002 and REZ07-0001 (Chun) DATE: June 21, 2007 The project was originally submitted on January 11, 2007 and requested the following action: Rezone of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum), and a General Plan Amendment of the parcels from P -Q (Public -Quasi Public) to AR (Agricultural Residential). The parcels is proposed to be served by individual sewage dispersal systems and individual wells. A revised project description was submitted on May 18, 2007, which modified the original request to the following action: Rezone of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to R-1 (Residential), and a General Plan Amendment of the parcels from P -Q (Public - Quasi Public) to LDR (Low Density Residential). The project is proposed to be served by a public sewer system and public water system. The completeness of two projects will be determined at the Inter -Departmental Review (IDR) Committee meeting on July 11, 2007. The applicant and/or his representative have been invited to attend the meeting to answer any questions about the proposal. Please provide comments and/or conditions prior to the IDR Committee meeting on July 11, 2007. Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 (530) 538-7601 (530) 538-2140 FAX FACSIMILE COVER SHEET Number of pages (including this cover sheet) Date: 3 o -z- To: Fax Number: From: Steve Troester, Associate Planner (stroester@buttecounty.net) Subject: — 0 -7 - 9-J-,914 Hard Copy will follow: yes no �. If you do not receive all of the pages, please call (530) 538-7153 as soon as possible. Special Instructions: 0 Review and respond accordingly. For your information only. Sincerely, CONFIDENTI NT' NOTE: The information contained in this facsimile is confidential and may also contain privileged information. The information is intended only for the use of the individual of entity to whom it is addressed. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, of copying of this communications is strictly prohibited. If you have received this facsimile, in error, please notify me immediately by telephone, and return the original to me. Thank you. phorelog -- Edit • • Page 1 of 1 Date -Received: 5/30/2007 Time Received: 12:25:00 PM First Name: Iverney Last Name: lChun T- 4 Phone Number: 510-468-7399 Regarding_Property: 031-060-054 .Needs to check status of -a rezone,u general plan amendment project. Regarding: Tolley is planner of record but he is not available. Return -Call -Date: Steve called back May 30. Return _Call _Status: The DEFAULT for this field is CLOSED ... IF Responded - Closed 0 NOT CLOSED, - - - -- - - PLEASE change this field. Staff Response -By: Steve called back May 30. OK Reset 19 x �1-7-0 �- http://www.buttedds.net/I—Phonelog/editor/edit.asp?ID=2930 5/30/2007 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING April 5, 2007 The Engineering Group C/o Tim Wood 1250 East Avenue, Suite 10 Chico, CA 95926 Re: Public Works and Environmental Health requirements for GPA07-0002 & REZ07- 0001 (APN 031-060-054 & 031-070-084) Dear Mr. Wood: This is a continuance of the Completeness Letter ' mailed on February 9, 2007. The items below are concerns of the Environmental Health Division and Land Development Division. Environmental Health comments: Tim Wood of The Engineering Group provided us with soil mantel tests and percolation test results from this parcel done for Mr. Chun (Tidewatchers Associate, LP) as part of their pre - application review for a. proposed subdivision in to six 5 -acre parcels. The tests were performed in May and June of 2006. In summary the test results were: • 8 of 12 (67%) of the 30" deep percolation test results exceeded our maximum allowable soil percolation rate of 120 minutes/inch • Groundwater was observed in two soil mantel holes and soil mottles, possibly created by seasonal groundwater intrusion, were noted in several other holes The soil at the depth of a septic leach field was characterized as clay and assessed as having a clay content of greater than 40% in many of the holes Due to these indications we feel that the soil on this parcel has not been demonstrated to meet the minimum requirements of Appendix VII, the minimum sewage disposal standards for parcel creation pursuant to the Butte County Subdivision Improvements Standards. A relatively small area on the parcel was identified that may potentially be usable for a single leach field to service a single residence on the parcel. However, further investigation may still be required to assure that this area is not subject to excessive seasonal ground water and is adequately large to accommodate both the initial and replacements leach field areas required. Land Development comments: The above referenced parcels constitute one single piece of real property, which was created by conveyance from a government agency (Department of Water Resources) to Samuel M. Chun, on October 7, 1085 under Recorder's Serial Number 85-30407. This is allowed pursuant to Government Code 66428(A)(2), unless a showing is made in individual,, cases, upon substantial evidence, that public policy necessitates the filing of a parcel map. It is recommended that his item be taken to the Board of Supervisors with a recommendation to make a finding that public policy does not necessitate the filing of a parcel map for the creation of this single piece of real property, which happens to have two Assessor Parcel Numbers. At this point, the Planning Division is considering whether the Rezone request is appropriate for these parcels. Should you have any further questions regarding this matter, I can be reached at (530) 538-7601 or via e-mail at ctolley@buttecounty.net. SSinly, Associate Planner cc: Verney Chun, Owner/Applicant Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecou nty.netldds www.butte-generalplan.net ADMINISTRATION * BUILDING * PLANNING April 5, 2007 The Engineering Group C/o Tim Wood 1250 East Avenue, Suite 10 Chico, CA 95926 Re: Public Works and Environmental Health requirements for GPA07-0002 & REZ07- 0001 (APN 031-060-054 & 031-070-084) Dear Mr. Wood: This is a continuance of the Completeness Letter .mailed on February 9, 2007. The items below are concerns of the Environmental Health Division and Land Development Division. Environmental Health comments: Tim Wood of The Engineering Group provided us with soil mantel tests and percolation test results from this parcel done for Mr. Chun (Tidewatchers Associate, LP) as part of their pre - application review for a proposed subdivision in to six 5 -acre parcels. The tests were performed in May and June of 2006. In summary the test results were: 8 of 12 (67%) of the 30" deep percolation test results exceeded our maximum allowable soil percolation rate of 120 minutes/inch Groundwater was observed in two soil mantel holes and soil mottles, possibly created by seasonal groundwater intrusion, were noted in several other holes The soil at the depth of a septic leach field was characterized as clay and assessed as having a clay content of greater than 40% in many of the holes Due to these indications we feel that the soil on this parcel has not been demonstrated to meet the minimum requirements of Appendix VII, the minimum sewage disposal standards for parcel creation pursuant to the Butte County Subdivision Improvements Standards. A relatively small area on the parcel was identified that may potentially be usable for a single leach field to service a single residence on the parcel. However, further investigation may still be required to assure that this area is not subject to excessive seasonal ground water and i is adequately large to accommodate both the initial and replacements leach field areas required. Land Development comments: The above referenced parcels constitute one single piece of real property, which was created by conveyance from a government agency (Department of Water Resources) to .Samuel M. Chun, on October 7, 1085 under Recorder's Serial Number 85-30407. This is allowed pursuant to Government Code 66428(A)(2), unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates the filing of a parcel map. It is recommended that his item be taken to the Board of Supervisors with a recommendation to make a finding that public policy does not necessitate the filing of a parcel map for the creation of this single piece of real property, which happens to have two Assessor Parcel Numbers. At this point, the Planning Division is considering whether the Rezone request is appropriate for these parcels. Should you have any further questions regarding this matter, I can be reached at (530) 538-7601 or via e-mail at ctolley@buttecounty.net. Sin e ly, hris olley Associate Planner cc: Verney Chun, Owner/Applicant • 0 INTER -DEPARTMENTAL MEMORANDUM PUBLIC WORKS DEPARTMENT TO: CHRIS TOLLEY, PLANNING DIVISION FROM: ERIC SCHROTH, LAND DEVELOPMENT DIVISION ovV11 14trC woa� 5 SUBJECT: BOARD FINDING FOR NECESSITY OF A PARCEL MAP VERNY CHUN (TIDEWATCHERS ASSOCIATES), GPA 07-0002 APN 030-060-054 & 030-070-084 DATE: FEBRUARY 16, 2007 The above referenced parcels constitute one single piece of real property, which was created by conveyance from a government agency (Department of Water Resources) to Samuel M. Chun, on October 7, 1985 under Recorder's Serial Number 85-30407. This is allowed Pursuant to Government Code 66428 (a)(2), unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates the filing of a parcel map. It is recommended that this item be taken to the Board of Supervisors with a recommendation to make a finding that public policy does not necessitate the filing of a parcel map for the creation of this single piece of real property, which happens to have two Assessor Parcel Numbers. • Tolley, Chris From: Fogel, Doug Sent: Friday, February 09, 2007 4:12 PM To: Tolley, Chris Subject: RE: GPA/REZ for Verney Chun • Page 1 of 2 Tim Wood of The Engineering Group provided us with soil mantel tests and percolation tests results from this parcel done for Mr. Chun (Tidewatchers Associate LP) as part of their pre -application review for a proposed subdivision into six 5 -acre parcels. The tests were performed in May and June of 2006. In summary the test results were: . 8 of 12 (67%) of the 30" deep percolation test results exceeded our maximum allowable soil percolation rate of 120 minutes/inch . groundwater was observed in two soil mantle holes and soil mottles, possibly created by seasonal groundwater intrusion, were noted in several other holes . the soil at the depth of a septic leach field was characterized as clay and assessed as having a clay content of greater that 40% in many of the holes Due to these indications we feel that the soil on this parcel has not been demonstrated to meet the minimum requirements of Appendix VII our minimum sewage disposal standards for parcel creation made pursuant to the Butte County Subdivision Improvement Standards. A relatively small area on the parcel was identified that may potentially be usable for a single leach field to service a single residence on the parcel. However, further investigation may still be required to assure that this area is not subject to excessive seasonal ground water and is adequately large to accommodate both the initial and replacement leach field areas required. From: Tolley, Chris Sent: February 09, 2007 9:29 AM To: Fogel, Doug Cc: Walters, Charlotte; Jolliffe, Stacey Subject: GPA/REZ for Verney Chun Hey Doug: I'm following up on our discussion at IDR on Wednesday about the GPA/REZ for Verney Chun. I would like to receive a memorandum identifying Environmental Health's position and the existing issues for the Rezone application. I will be conveying information to the owner, applicant and agent, so they understand the County's position. Let me know if you have any questions. -Chris Christopher J. Tolley Associate Planner Butte County Planning Division Direct (530) 538-7603 Fax (530)-538-7785 www.buttecounU.net/d`ds 3/15/2007 • • Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING February 9, 2007 The Engineering Group C/o Tim Wood 1250 East Avenue, Suite 10 Chico, CA 95926 Re: Application Complete — GPA07-0002/REZ07-0001, APN 031-060-054 & 031-070-084 Dear Mr. Wood: The Department of Development Services and other responsible agencies have preliminarily reviewed the above referenced project, and determined that the application and project are "complete." This determination was made on February 7, 2007. Note Regarding REZ07-0001: the Planning Division will be following up this letter with a letter addressing several issues related to Environmental Health (inadequate proof of septic) and Public Works (acknowledgement of sale 'of public lands) requirements discussed at the IDR meeting on February 7, 2007. You can expect the letter to be mailed by February 16, 2007. Should you have any further questions regarding this matter, I can be reached between the hours of 7:30 a.m. and 4:30 p.m., Monday through Friday, at (530) 538-7601, or via e-mail at ctolley@buttecounty.net. SVie ly, Chris Tolley Associate Planner cc: Verney Chun, Owner/Applicant PROJECT COORDINATION FORM DATE of IDR: 2/7/07 PLANNER: Chris Tolley PROJ. NAME: The Engineering Group PROJ. NUMBER: GPA07-0002 TYPE: Completeness of Application Evaluation APN: 030-060-054 DEPARTMENT COMMENTS READY FOR HEARING? PLANNING PUBLIC WORKS ENVIRONMENTAL HEALTH COUNTY COUNSEL AG. BUILDING ASSESSOR FIRE FAManning\IDR Agenda\2007 IDR AgendasTROJECT COORDINATION FORM.doc � t PROJECT COORDINATION FORM DATE of IDR: 7 2� -7PLANNER: G 5-1 � PROJ. NAME: Z PROJ. NUMBER:6A-6,-7_6n� _ TYPE:. - APN: �/ - 060 - OrY v --07 DEPARTMENT COMMENTS PLANNING PUBLIC WORKS READY FOR HEARING? ENVIRONMENTAL HEALTH 60 VS rr2511,{ V-- L -K tV&" G-OvO � IJ -94 C-t65r a4 � COUNTY COUNSEL AG. BUILDING ASSESSOR FIRE K:\Planning\IDR Agenda\2006 IDR Agendas\PROJECT COORDINATION FORM.doc 34;)e ,62q 0 Oalifornia State University, Chico Northeast Center- of the BUTTE SIERRA Building 25, Suite 204 .. GLENN SISKIYOU Historical D LASSEN SLITTER Chico, California 95929-0377 California Hist tical Resources MODOC SUTTERTEHAMA (530) 898-6256 Information System SHHASTAASTA TRINITY PFax (530) 898-4413 flejflfocfltr@csLIchico.edu February 14, 2007 Department of Development Services Planning Division 7 County Center Drive Oroville, CA .95965 ATTN: Mr. Chris Tolley���'�! I.C. File # L07-4 Project Review RE: REZ 07-0001 and GPA 07-0002/Chun APNs: 031-060-054, 031-070-084 T19N, R4E, Section 5 USGS Oroville 7.5' and 15' quads Approximately 40 acres — estimated from project map (Butte County) Dear Mr. Tolley, In response to your request, a project review for the project cited above was conducted by examining the official maps and records for archaeological sites and surveys in Butte County. 1 LI RESULTS: Prehistoric Resources: According to our records, no sites of this type have been recorded in the project area. However, six sites of this type have been recorded in the project vicinity, consisting of petroglyphs, bedrock mortars, midden deposits, lithic scatters, house pits, hammerstone, fire -cracked rock, and freshwater shell. The project area is located in a region utilized by Konkow Maidu populations.. Unrecorded prehistoric cultural resources may be located in the project area. Historic Resources: According.to our records, no sites of this type have been recorded in the project area. However, one site of this type (CA -SHA -2085H) has been recorded immediately adjacent to the project area, consisting of a ranching complex with associated concrete building pads, refuse deposits, a well, a shed, and a road segment. Additionally, seven sites of this type have been recorded in the project vicinity, consisting of ditches, Thompson Flat Cemetery, Pioneer Cemetery, roads, and refuse deposits. Unrecorded historic cultural resources may be located in .the project area. The USGS Oroville (1944) 15' quadrangle map indicates that Thompson Flat and Oroville. are located in the project area, while the Thermalito Diversion Dam, Thermalito Power Canal, Feather River, Pioneer Cemetery, Lower Miocene Canal, Cherokee Road, springs, dredge tailings, roads, and structures are located in the project vicinity. The Office of Historic Preservation lists numerous properties in Oroville and in the vicinity of Oroville on its Historic Properties Data File. Please see the enclosed listings for more information on these property locations. Previous Archaeological Investigations: According to our records, the project area has not been previously surveyed for cultural resources by a professional archaeologist. Literature Search: The official records and maps for archaeological sites and surveys in Butte County were reviewed. Also reviewed: National Register of Historic Places _ Listed properties and Determined Eligible Properties (1988, Computer Listings. 1966 through 7-00 by National Park Service), California Register of Historical Resources (2006), California Points of Historical Interest (1992), California Inventory of Historic Resources (1976), California Historical Landmarks (1996), Handbook of North American Indians, Vol. 8, California (1978), Historic Spots in California (1966), Gold Districts of California (1970), Directory of Properties in the Historic Property Data File for Butte County (2006). RECOMMENDATIONS: Based upon the above information and the local topography, the project is located in an area considered to, be highly sensitive for prehistoric, pr6tohistoric, and historic cultural resources. Therefore, we recommend that a professional archaeologist be contacted to conduct a cultural resources survey of the entire project area. The project archaeologist will be able to offer recommendations for the protection and/or mitigation of any new cultural resources encountered as,a result of the field survey. The project archaeologist should also contact the appropriate local Native American representatives for information regarding unrecorded traditional cultural properties that may be located within project boundaries for which we have no records. The project archaeologist may also want to consult historic General Land Office (GLO) plat maps in order to aid in the identification of unrecorded historic sites, which may be located within project boundaries. A copy of the report listed above will e available to the project archaeologist upon request. Additionally, if any potential prehistoric, ethnographic, and/or historic cultural resources . are encountered during any phase of project operations, all work should cease in the area of the find pending an examination of the site and materials by the project archaeologist. This request to cease work in the area of a potential cultural resource find should be made a condition of project approval. Thank you for your concern in preserving California's cultural heritage, and please feel free to contact us if you have any questions or need any further information or assistance. aRoe ly, der, M.A. Assistant Researcher OFFICE OF HISTORIC PRESERVATION * * • Directory of Properties in the Historic Property Data File for BUTTE County. Page 15 12-11-06 PROPERTY -NUMBER PRIMARY,,-# STREET.ADDRESS............. NAMES............................. CITY.NAME........ OWN YR -C OHP-PROG.. PRG -REFERENCE -NUMBER STAT -DAT NRS CRIT PROJ.REVW. USFS020701A 08/16/02 6Y 142195 HUMBOLDT RD LOT 10/ BUTTE MEADOWS RECREATION R (VIC) JONESVILLE P 1959 HIST.RES. DOE -04-02-0027-0000 08/16/02 6Y PROJ.REVW. USFS020701A 08/16/02 6Y 142198 HUMBOLDT RD LOT 12/.BUTTE MEADOWS RECREATION R (VIC) JONESVILLE P 1959 HIST.RES. DOE -04-02-0029-0000 08/16/02 6Y . PROJ.REVW. USFS020701A 08/16/02 6Y 142207` HUMBOLDT RD LOT #3 / JONESVILLE RECREATION RES (VIC) JONESVILLE P 1951 HIST.RES. DOE -04-02-0031-0000 08/16/02 6Y PROJ.REVW.. USFS020701A 08/16/02 6Y 142197 HUMBOLDT RD LOT 11/.BUTTE MEADOWS RECREATION R (VIC) JONESVILLE P 1959 HIST.RES. DOE -04-02-0028-0000 08/16/02 6Y PROJ.REVW. USFS020701A 08/16/02 6Y 135463 HUMBOLDT RD LOT 1/ JONESVILLE-RECREATION RESID (VIC) JONESVILLE P 1920 HIST.RES. DOE -04-02-0002-0000 08/16/02 6Y PROJ.REVW. USFS020701A 08/16/02 6Y 142193 HUMBOLDT RD LOT #8./ BUTTE MEADOWS RECREATION (.VIC) JONESVILLE P 1959 HIST.R£S.( DOE -04-02-0025-0000 08/16/02 6Y PROJ.REVW. USFS020701A 08/16/02 6Y 142211 HUMBOLDT RD LOT #4 / JONESVILLE RECREATION RES (VIC) JONESVILLE P 1940 HIST.RES. DOE -04-02-0032-0000 08/16/02 6Y PROJ.REVW. USFS020701A 08/16/02 6Y 142214 HUMBOLDT RD LOT #7 / JONESVILLE RECREATION RES (VIC) JONESVILLE •P 1947 HIST.RES. DOE -04-02-0035-'0000 08/16/02 6Y PROJ.REVW. USFS020701A 08/16/02 6Y • 142220 HUMBOLDT RD LOT 13/ JONESVILLE RECREATION RESI (VIC) JONESVILLE P 1948 HIST.RES. DOE -04-02-0041-0000 08/16/02 6Y PROJ.REVW. USFS020701A 08/16/02 6Y 142223 HUMBOLDT RD LOT 16/ JONESVILLE RECREATION RESI (VIC) JONESVILLE P 1950 HIST.RES. DOE -04-02-0044-0000 08/16/02 6Y PROJ.REVW. USFS020701A 08/16/02 6Y 142187 HUMBOLDT RD LOT 3/ BUTTE MEADOWS RECREATION RE (VIC) JONESVILLE P 1931 HIST.RES. DOE -04-02-0020-0000 08/16/02 6Y PROJ.REVW. USFS020701A 08/16/02 6Y 154208 6818 DEPOT LANE MAGALIA P 1906 PROJ.REVW. OHWA030822A 09/03/03 6Y 154207 13820 DEPOT LANE MAGALIA P 1940 PROJ.REVW. FHWA030822A 09/03/03 6Y , 154222 1464 FOREST SERVICE RD PARADISE FOREST FIRE STATION MAGALIA S 1934 PROJ.REVW. FHWA030822A 09/03/03 6Y 154203 7323 PENTZ RD MAGALIA P 1935 PROJ.REVW. FHWA030822A 09/03/03 6Y 154202 7331 PENTZ RD MAGALIA P 1940 PROJ.REVW. FHWA030822A 09/03/03 6Y 154204 7340 PENTZ RD MAGALIA P 1949, PROJ.REVW. FHWA030822A 09/03/03 6Y 154209 13813 PINE NEEDLE DR MAGALIA P 1950 PROJ.REVW. FHWA030822A 09/03/03 6Y 154210 13888 PINE NEEDLE DR MAGALiA DAM MAGALIA M 1918 PROJ.REVW. FHWA030822A 09/03/03 6Y 089396 SKYWAY DOGTOWN NUGGET DISCOVERY SITE MAGALIA U HIST.RES. SHL -0771-0000 01/31/62 1CL 154199 9291 SKYWAY MAGALIA P 1947 PROJ.REVW. FHWA030822A ,09/03/03: 6Y 154200 9301 SKYWAY MAGALIA P 1937 PROJ.REVW. FHWA030822A 09/03/03 6Y 154201 9319 SKYWAY MAGALIA P 1950 PROJ.REVW. FHWA030822A 09/03/03 6Y . 154205 13678 SKYWAY MAGALIA P 1940 PROJ.REVW. FHWA030822A 09/03/03 6Y ' 154206 13686 SKYWAY MAGALIA P 1950 PROJ.REVW. FHWA030822A 09/03/03 6Y 049964 STIRLING HWY MAGALIA COMMUNITY CHURCH MAGALIA P 1904 HIST.RES. NPS -82002172-00.00 01/11/82 1S HIST.SURV; 5954-0001-0000 01/01/82 1S 090550 OLD CHINESE CEMETERY OROVILLE U HIST.RES. SPHI-BUT;'008 08/07/75 7L 151082 BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P 1930 HIST.RES. DOE -04-00-0027-0000 03/07/00 2S2 PROJ.REVW. FHWA000201A 03/07/00 2S2 151081 BERKELEY OLIVE ASSOCIATION.HISTORI OROVILLE P 1930 HIST.RES: DOE -04-00-0026-0000 03/07/00 2S2 ^ PROJ.REVW.. FHWA000207A 03/07/00 2S2 094953 1233 5TH AVE OROVILLE P 1935 PROJ.REVW. HUD950228B 03/30/95 6Y 094954 1616 STH AVE OROVILLE P 1935 PROJ.REVW. HUD950228C 03/30/95 6Y 129070 3462 ARGONAUT AVE OROVILLE P HIST.RES. .DOE -04-01-0006-0000. 11/20/01 6Y PROJ.REVW. HUD011005F 11/20/01 6Y 090067 BIDWELL CANYON RD BIDWELL'S BAR OROVILLE S HIST.RES. SHL -0330-0000 08/08/39 7L 144733 .1217 BIRD ST OROVILLE P HIST.RES. DOE -04-03-0052-0000 10/21/03 6Y PROJ.REVW. HUD031008F 10/21/03 6Y 096206 1265 BIRD ST OROVILLE P 1910 PROJ.REVW. HUD950417G 06/05/95 6Y 073318 2066 BIRD ST OROVILLE INN, THE OROVILLE P 1930 HIST.RES. NPS -9000143170000 09/13/90 1S r OFFICE OF HISTORIC PRESERVATION * * * Directory of Properties in the Historic Property Data File for BUTTE County. Page 16 12-11-06 PROPERTY -NUMBER PRIMARY-# STREET.ADDRESS............. NAMES ............................. CITY.NAME........ OWN YR -C OHP-PROG.. PRG -REFERENCE -NUMBER STAT -DAT NRS CRIT NAT.REG. 04-0001 09/13/90 '1S AC TAX.CERT. 537.9-04-0002 05/30/90 2S3 162735 1559 BOYNTON AVE OROVILLE P 1955 PROJ.REVW. HUD060711B 07/12/06 6Y 050090 1500 BRODERICK ST OROVILLE CHINESE TEMPLE OROVILLE P 1863 FED.FND.PR 629.0-80-HPF-04-01 01/0.1/80 71, HIST.RES. NPS -76000478-0000 07/30/76 IS HIST.RES. SHL -0770-0000 01/31/62 ICL 156831 129 CANYON HIGHLANDS DR OROVILLE P 1940 PROJ.REVW. HUD051107G 11/28/05 6Y 090551 CHEROKEE RD CHEROKEE TOWNSITE AND ADJOINING SP OROVILLE U HIST.RES. SPHI-BUT-009 12/19/80 7L 151104 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0039-000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151159 COAL CANYON RD BERKELEY OLIVE ASSOCIATON HISTORIC OROVILLE P HIST.RES. DOE -04-00-0047-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151091 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0034-0000 03/07/00. 2S2 PROJ.REVW., FHWA000207A 03/07/00 2S2 151108 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0040-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 • 151090 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0033-0000 03/07/00 2S2 PROJ.REVW. FRWA000207A 03/07/00 2S2 151093 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0035-0000 03/07/00 2S2' PROJ.REVW. FHWA000207A 03/07/00 2S2 151083 COAL CANYON RD BERKELEY OLIVE ASSN HISTORIC DISTR OROVILLE P 1930 HIST.RES. DOE -04-00-0028-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151094 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0036-0000 03/07/00 2S2 • ~ PROJ.REVW. FHWA000207A 03/07/00 2S2 151138 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0043-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151135 COAL CANYON RD BERKELEY OLIVE ASSOCIATON HISTORIC OROVILLE P HIST.RES. DOE -04-00-0042-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151087 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0031-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151133 COAL CANYON.RD BERKELEY OLIVE ASSOCIATON HISTORIC OROVILLE P HIST.RES. DOE -04-00-0041-0000 03/07/00 6Y. PROJ.REVW. FHWA000207A 03/07/00 6Y 151036 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0017-0000 03/07/00 292 . PROJ.REVW. FHWA000207A 03/07/00 2S2 151085 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0030-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151084 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P 1930 HIST.RES. DOE -04-00-0029-0000 03/07/04 2S2 PROJ.REVW. FHWA000207A 03/07/04 2S2 • 151043 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0017-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151145 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0045-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151098 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0037-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151089 COAL CANYON RD BERKELEY OLIVE ASSOCIATION.HISTORI OROVILLE P HIST.RES. DOE -04-00-0032-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151026 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0016-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151160 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0048-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y , 151101 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0038-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151151 COAL CANYON RD BERKELEY OLIVE ASSOCIATON HISTORIC OROVILLE P HIST.RES. DOE -04-00-0046-0000' 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y OFFICE OF HISTORIC PRESERVATION * * * Directory of Properties in the Historic Property Data File,for BUTTE County. Page 17 12-11-06 PROPERTY -NUMBER PRIMARY-# STREET.ADDRESS............. NAMES.............................. CITY.NAME.....:.. OWN YR -C OHP-PROG.. PRG -REFERENCE -NUMBER STAT -DAT NRS CRIT 151141 COAL CANYON RD BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0044-0000 03/07/00 -6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 099030 2363 D ST SUE GIBSON HOUSE,MOORETOWN RANCHER OROVILLE P 1930 PROJ.REVW. BIA951214A 12/27/96 6Y 090554 FEATHER RIVER LONG'S BAR OROVILLE U HIST.RES. SPHI-BUT-012 12/21/81 7L 090557 FEATHER RIVER BLVD CHINESE'CEMETERY OROVILLE U HIST.RES. SPHI-BUT-014 03/01/82 7L 090558 FEATHER RIVER BLVD JEWISH CEMETERY OROVILLE U HIST.RES. SPHI-BUT-015 03/01/82 7L 163411 860 GARDELLA AVE OROVILLE P 1940 PROJ.REVW. HUD060922K 09/25/06 6Y ' 147932 400 GLEN DR BUTTE COUNTY MOTHER ORANGE TREE OROVILLE S 1856 HIST.RES. SHL -1043-0000 05/12/05 1CL ST.HS.LDMK 04-0014 07/14/04 7J 050116 400 GLENN DR BIDWELL BAR BRIDGE AND TOLL HOUSE; OROVILLE S 1856 HIST.SURV. 5965-0011-0000 7N - HIST.RES. SHL -0314-0000 07/12/39 7L 150377 2050 GRAY ST OROVILLE P 1910 HIST.RES. DOE -04-04-0005-0000 11/29/04 6Y PROJ.REVW. HUD040920H 11/29/04 6Y 161660 2145 GRAY ST OROVILLE P PROJ.REVW. HUD060306I 03/15/06 6Y 162727 1640 HAMMON AVE OROVILLE P 1952 PROJ.REVW. HUD060726B 07/28/06 6Y 150622 719 HIGH ST OROVI-LLE. P 1905 HIST.RES. DOE -04-04-0007-0000 03/05/04 6Y • PROJ.REVW. 'HUD040209B 03/05/04. 6Y, 050097 2189 HIGH ST WESTERN PACIFIC RAILROAD DEPOT OROVILLE P 1910 HIST.SURV. 5965-0008-0000 7R • 163440 .38 HIGHLANDS BLVD OROVILLE P 1946 PROJ.REVW. HUD060922L 09/25/06 6Y 050110 1337 HUNTOON ST GEM SALOON BUILDING OROVILLE P 1859 HIST.SURV. 5965-0009-0013 07/28/83 1D 050111 1341 HUNTOON ST HENDEE & GASKILL BUILDING OROVILLE P 1859 HIST.SURV. 5965-0009-0014 07/28/83. 1D 050113 1359 HUNTOON ST GRAY NURSE HARDWARE BUILDING OROVILLE P 1875 HIST.SURV. 5965-0009-0016 07/28/83 1D 151171 7981 HWY 70 OROVILLE P 1947 HIST.RES. DOE -04-0070056-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151172 7983 HWY 70 OROVILLE P 1947 HIST.RES. DOE=04-00-0057-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151168 8002 HWY 70 OROVILLE P 1910 HIST.RES. DOE -04-00=-0053-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151169 8098 HWY 70 OROVILLE P 1930 HIST.RES. DOE -04-00-0054-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 150938 12 LA MEDIA DR OROVILLE P 1950 HIST.RES. DOE -04-04-0008-0000 07/29/04 6Y PROJ.REVW. HUD040716J 07/29/04 6Y. ' 090555 LINCOLN BLVD OROVILLE CEMETERY OROVILLE U HIST.,RES. SPHI-BUT-013 03/01/82 7L 050096 1215 LINCOLN ST FONG•LEE CO, FONG LEE OROVILLE P 1924 HIST.RES. NPS -82002173-0000 03/11/82 1S 162734 1356 LINDEN AVE OROVILLE P PROJ.REVW. HUD060518B 07/12/06 6Y 074310 45 LOWER HONCUT RD OROVILLE U _1945 PROJ.REVW. FHWA021003A 12/16/02 7K HIST.RES. DOE -04-92-0001-0000 01/21/92 6Y r PROJ.REVW. FHWA911206D 01/21/92 6Y 144734 2530 MCCLELLAN AVE- OROVILLE P HIST.RES. .DOE -04-03-0053-0000 10/21/03 6Y ' PROJ.REVW. HUD031008H 10/21/03 6Y 098973 2275 MESA AVE OROVILLE P 1930 PROJ.REVW. HUD950823C 12/27/95 6Y 074301 1013 MIDDLEHOFF LANE OROVILLE U. 1928 PROJ.REVW. FHWA911206E 01/21/92 6Y 141619 22 MIDWAY DR OROVILLE P HIST.RES. DOE -04-03-0045-0000 07/02/03 6Y PROJ.REVW. HUD030618F 07/02/03 6Y 050114 0 MONTGOMERY ST OLD OROVILLE COMMERCIAL DIST, BLDG OROVILLE. P 1858 ST.FND.PRG 619.0-HP788-04-002 12/14/88 3 ST.FND.PRG 619.0 -84 -HP -04-002 10/31/85 3 - - FED.FND.PR 629.0-83-OJB-04-01 - 01/01/83 7L HIST.RES. NPS -83001174-0000 07/28/93 1S HIST.SURV. 5965-0009-9999 07/28/83 1S 090544 1067 MONTGOMERY ST LOTT MUSEUM -SANK PARK OROVILLE M 1956 HIST.RES. SPHI-BUT-001 08/05/66 7L ' 084835 1675 MONTGOMERY ST OROVILLE PUBLIC LIBRARY; CARNEGIE OROVILLE M 1912 NAT.REG. 04-0016 08/23/06 7J HIST.RES. DOE -04-03-0054-0000 11/25/03 2S2 AC PROJ.REVW. HUD031020L 11/25/03 2S2 AC HIST.SURV. 5965-0014-0000 •11/12/89 3S AC 050098 1850 MONTGOMERY ST OROVILLE P 1860 HIST.SURV. 5965-0009-0001 07/28/83 1D OFFICE OF HISTORIC PRESERVATION * * * Directory of Properties in the Historic Property Data File for BUTTE County. Page.18 12-11-06 PROPERTY -NUMBER PRIMARY-# STREET.ADDRESS.............. NAMES .............................. CITY.NAME........ OWN YR -C OHP-PROG.. PRG -REFERENCE -NUMBER STAT -DAT NRS CRIT 050099 1858 MONTGOMERY ST OROVILLE P 1860 HIST.SURV. 5965-0009-0002 07/28/83 1D 050100 1864 MONTGOMERY ST GOV PERKINS BUILDING OROVILLE P 1860 HIST.SURV. 5965-0009-0003 07/28/83 1D 073617 1877 MONTGOMERY ST' GARDELLA-REECE BUILDING OROVILLE P 1911 TAX.CERT. 537.9-04-0004 08/16/83 2D3 HIST.SURV. 5965-0009-0004 07/28/83 1D 050102 1911 MONTGOMERY ST HECKER BUILDING, GOLDEN GATE BUILD OROVILLE P 1856 HIST.SURV. 5965-0009-0005 07/28/83 1D 050103 1919 MONTGOMERY ST TOY FOGG BUILDING OROVILLE P 1857 HIST.SURV. 5965-0009-0006 07/28/83 1D 050104 1925 MONTGOMERY ST BROCK BUILDING OROVILLE P 1858 HIST.SURV. 5965-0009-0007 07/28/83 1D 050105 1933 MONTGOMERY ST SCRUGGS & MEADOR BUILDING OROVILLE P 1859 HIST.SURV. 5965-0009-0008 07/28/83 1D . 050106 1941 MONTGOMERY ST GOLDSTEIN BUILDING OROVILLE P 1859 HIST.SURV. 5965-0009-0009 07/28/83 1D 050107 1955 MONTGOMERY ST KUSEL BUILDING OROVILLE P 1878 HIST.SURV. 5965-0009-0010 07/28/83 1D 050108 1963 MONTGOMERY ST FRIESLEBEN HOWARD BUILDING OROVILLE P 1878 HIST.SURV. 5965-0009-0011 07/28/83 1D 050109 1975 MONTGOMERY ST WASHINGTON BLOCK BUILDING OROVILLE P 1856 HIST.SURV. 5965-0009-0012 07/28/83 1D 090548 2316 MONTGOMERY ST GARROTT'S SAW MILL OROVILLE P HIST.RES. SPHI-BUT-005 06/06/69 7L 163442 2815 MONTGOMERY ST OROVILLE P 1920 PROJ.REVW. HUD060922M 09/25/06 6Y 162736 119 MORNINGSTAR AVE OROVILLE P 1954 PROJ.REVW. HUD060711C 07/12/06 6Y 050112 1346 MYERS ST OROVILLE P 1858 HIST.SURV. 5965-0009-0015 07/28/83 1D 072997 1489 MYERS ST STATE THEATRE OROVILLE M 1928 HIST.RES. NPS -91001383-0000 09/13/91 1S NAT.REG. 04-0002 09/13/91 1S AC 105444 176 NELSON AVE OROVILLE RANGER UNIT HEADQUARTERS OROVILLE S 1940 ST.AG.5024 ST.AG.-3540-0125 1'1/20/96 4CM AD 105440 176 NELSON AVE OROVILLE RANGER UNIT HEADQUARTERS OROVILLE S 1937 ST.AG.5024- ST.AG.-3540-0124 11/20/96 4CM AD , 162061 2485 NEVADA AVE OROVILLE P' PROJ.REVW. HUD060406B 05/08/06 6Y' 151010 OPENSHAW RD BR. 12C-268/DRY CREEK OROVILLE S 1938 HIST.RES. DOE -04-00-0010-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151005 OPENSHAW RD BR. 12C-267/GOLD RUN CREEK OROVILLE S 1955 HIST.RES. DOE -04-00-0009-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151012 OPENSHAW RD BR. 12C-269/DRY CREEK OVERFLOW OROVILLE S 1931 HIST.RES. DOE -04-00-0011-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00. 6Y 151013 OPENSHAW RD BR. 12C-270/DRY-CREEK OROVILLE S 1955 HIST.RES. 'DOE -04-00-0012-000 03/07/00 6Y PROJ.,REVW. FHWA000207A 03/07/00 6Y 094956 3204 ORANGE AVE OROVILLE P 1928 PROJ.REVW. HUD95013OW .03/30/95 6Y 089477 OREGON GULCH RD OREGON CITY OROVILLE U HIST.RES. SHL -0807-0000 06/28/65 1CL 074302 1203 ORO DAM BLVD WEST OROVILLE U 1930 PROJ.REVW. FHWA911206E 01/21/92 6Y 074303 1275 ORO DAM BLVD WEST OROVILLE U 1925 PROJ.REVW. FHWA911206E 01/21/92 ,6Y. 074304 1651 ORO DAM BLVD WEST OROVILLE U 1930 PROJ.REVW. FHWA911206E 01/21/92 6Y 074305 1779 ORO DAM BLVD WEST OROVILLE U 1938 PROJ.REVW. FHWA911206E 01/21/92 6Y 074306 1781 ORO DAM BLVD WEST OROVILLE U 1929 PROJ.REVW. FHWA911206E 01/21/92 6Y 098975 2294 ORO QUINCY SR OROVILLE 'P 1930 PROJ.REVW. HUD950823D 12/27/95 6Y 074311 0 OROVILLE HWY JAEGER FARM OROVILLE U 0 HIST.RES. DOE -04-92-0002-0000 01/21/92 6Y • PROJ.REVW. FHWA911206D 01/21/92 6Y 115809 1359 OROVILLE HWY SWIMMING POOL / BIGGS RANCH OROVILLE P HIST.RES. 'DOE -04-92-0003-0003 01/21/92 2D2 C PROJ.REVW. FHWA911206D 01/21/92 2D2 C 115813 1359 OROVILLE HWY MILK BARN / BIGGS RANCH OROVILLE P. 1915 HIST.RES. DOE -04-92-0003-0007 01/21/92 2D2 C PROJ.REVW. FHWA911206D 01/21/92- 2D2 C 115814 1359 OROVILLE HWY TANK HOUSE / BIGGS RANCH OROVILLE P 1915 HIST.RES. DOE -04-92-0003-0008 01/21/92 2D2 C PROJ.REVW. FHWA911206D 01/21/92 2D2 C 115815 1359 OROVILLE HWY GRANARY / BIGGS RANCH OROVILLE P HIST.RES. DOE -04-92-0003-0009 01/21/92 2D2 C PROJ.REVW. FHWA911206D 01/21/92 2D2 C 115810 r bODI 1359 OROVILLE HWY GARAGE / BIGGS RANCH. OROVILLE P 1920 HIST.RES. DOE -04-92-0003-0004 01/21/92 2D2 C PROJ.REVW. FHWA911206D 01/21/92 2D2 C 115808 1359 OROVILLE HWY SERVANT QUARTERS / BIGGS HOUSE OROVILLE P. 1926 HIST.RES. DOE -04-92-0003-0002 01/21/92 2D2 C PROJ.REVW. FHWA911206D 02/21/92 2D2 C 115811 1359 OROVILLE HWY OROVILLE POST OFFICE / BIGGS RANCH OROVILLE P HIST.RES. DOE -04-92-0003-0005 01/21/92 2D2 C PROJ.REVW. FHWA911206D 01/21/92 2D2 C 115812 1359 OROVILLE HWY HAY BARN / BIGGS RANCH OROVILLE P 1917 HIST.RES. DOE -04-92-0003-0006 01/21/92 2D2 C PROJ.REVW. FHWA911206D 01/21/92 2D2 C 074312 1359 OROVILLE HWY. BIGGS RANCH OROVILLE U 1900 HIST.RES. DOE -04-92-0003-9999 01/21/92 2S2 C OFFICE OF HISTORIC PRESERVATION * * * Directory of Properties in the Historic Property Data File for BUTTE County. Page 19 12-11-06 PROPERTY -NUMBER PRIMARY-# STREET.ADDRESS............. NAMES............................. CITY.NAME........ OWN YR -C OHP-PROG.. PRG -REFERENCE -NUMBER STAT -DAT NRS CRIT PROJ.REVW. FHWA911206D 01/21/92 2S2 C 074313P Uy_UQI&W-1'1359 OROVILLE HWY BIGGS HOUSE OROVILLE U 1922 HIST.RES. DOE -04-92-0003-0001 01/21/92 2B C PROJ.REVW. FHWA911206D 01/21/92 2B C 074314?_0q_CDa(o 03 1402 OROVILLE HWY BIGGS RENTAL OROVILLE U 1935 HIST.RES. DOE -04-92-0004-0000 02/21/92 6Y PROJ.REVW. FHWA911206D 01/21/92 6Y 074315" 1617 OROVILLE HWY ROBINSON'S CORNER OROVILLE U 1925 HIST.RES.. DOE -04-92-0005-0000 01/21/92 2S2 A PROJ.REVW. FHWA911206D 01/21/92 2S2 A 074316fLot( 00 ,51joZ 1707 OROVILLE HWY ROY ROBINSON HOME OROVILLE U 1918 HIST.RES. DOE -04-92-0006-0000 01/21/92 6Y PROJ.REVW. FHWA911206D 01/21/92 6Y 074317f 0+00 x591 32111 OROVILLE HWY AKERS HOUSE OROVILLE U 1910 HIST.RES. DOE -04-92-0007-0000 01/21/92 6Y PROJ.REVW. FHWA911206D 01/21/92. 6Y 074318. 3464 OROVILLE HWY OROVILLE U 1945 HIST.RES. DOE -04-92-0008-0000 01/21/92 6Y PROJ.REVW. FHWA911206D 01/21/92 6Y 089479 OROVILLE-QUINCY SR DISCOVERY OF THE LAST YAHI INDIAN OROVILLE C HIST.RES. SHL -0809-0000 10/05/65 ICL 150375 2283 PARK AVE OROVILLE P HIST.RES. DOE -04-04-0004-0000 07/13/04 6Y PROJ.REVW. HUD040614E 07/13/04 6Y 098972 1753 PINE ST OROVILLE P 1915 PROJ.REVW. HUD950823B 12/27/95 6Y S 094955 1950 PINE ST OROVILLE P 1925 PROJ.REVW. HUD950228D 03/30/95 6Y - 132870 4828 POWER HOUSE HILL RD PUMP HOUSE OROVILLE P 1925 HIST.RES. DOE -04-01-0011-0000 11/06/01 6Y PROJ.REVW. .FHWA010810D 11/06/01 6Y 132867 4828 POWER HOUSE HILL RD MAIN HOUSE OROVILLE P 1905 HIST.RES. DOE -04-01-0008-0000 11/06/01 6Y PROJ.REVW. FHWA010810D 11/06/01 6Y 132869 4828 POWER HOUSE'HILL RD BARN OROVILLE P 1910 HIST.RES. DOE -04-01-0010-0000 11/06/01 6Y PROJ.REVW. FHWA010810D 11/06/01 6Y 132868 4828 POWER HOUSE HILL RD COTTAGE OROVILLE P 1940 HIST.RES. DOE -04-01-0009-0000 11/06/01 6Y PROJ.REVW. FHWA010810D 11/06/01 6Y ' 162060 1289 ROBINSON ST OROVILLE P PROJ.REVW. HUD060406A 05/08/06 6Y 050115 1735 ROBINSON ST UNITED STATES POST OFFICE, OROVILL OROVILLE F 1932 HIST.RES. NPS -85000123-0000 01/11/85 1S HIST.RES. DOE -04-84-0001-0000 02/09/83 2S2 C PROJ.REVW. USPS830802B 02/09/83 2S2 C 151080 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0026-0000. 03/07/00 2S2 PROJ.REVW. F14WA000207A 03/07/00 2S2 151079 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0025-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151073 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0019-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151072. ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. -DOE-04-00-0018-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151078 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0024-0000 03/07/00 2S2 • PROJ.REVW. FHWA000207A 03/07/00 2S2 151076 1 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P. HIST.RES. DOE -04-00-0022-0000 03/07/04 2S2 PROJ.REVW. FHWA000207A 03/07/04 2S2' 151075 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI UROVILLE P r HIST.RES. DOE -04-00-0021-0000' 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151077 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0023-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 151074 ROCKY LANE BERKELEY OLIVE ASSOCIATION HISTORI OROVILLE P HIST.RES. DOE -04-00-0020-0000 03/07/00 2S2 PROJ.REVW. FHWA000207A 03/07/00 2S2 150519 1145 SAFFORD ST OROVILLE P 1900 HIST.SURV. 5965-0023-0000 094952 2989 SPENCER AVE OROVILLE P 1940 PROJ.REVW. HUD950228A 03/30/95 6Y 150992 SR 149 BR. 12-73 OROVILLE S 1975 HIST.RES. DOE -04-00-0004-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/04 6Y 150989 SR 149 BR. 12-191/GOLD RUN CREEK OROVILLE S 1975 HIST.RES. DOE -04-00-0002-0000 03/07/00 6Y - PROJ.REVW. FHWA000207A 03/0.7/04 6Y / 1 150991 SR 149 BR. 12-70/DRY CREEK OROVILLE S 1975 HIST.RES. DOE -04-00-0003-0000 _ 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y OFFICE OF HISTORIC PRESERVATION * * * Directory of Properties in the Historic Property Data File for BUTTE County. Page 20 12-11-06 PROPERTY -NUMBER PRIMARY-# STREET.ADDRESS............. NAMES............................. CITY.NAME........ OWN YR -C OHP-PROG.. PRG -REFERENCE -NUMBER STAT -DAT NRS CRIT 150984 SR 70 SR. 12.,139/GOLD RUN CREEK OROVILLE S 1958 HIST.RES. DOE -04-00-0001-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 150994 SR 70 BR. 12-144/CAMPBELL CREEK OVERFLOW OROVILLE S 1963 HIST.RES. DOE -04-00-0006-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151015 SR 70 BRIDGE'#12-88 / TABLE MOUNTAIN OVE OROVILLE S 1963 HIST'.RES. DOE -04-00-0013-0000 03/07/00 6Y,* PROJ.REVW. FHWA000207A 03/07/00 6Y' 136490- 2364 SR 70 OROVILLE P 1920 HISTI.RES. DOE -04-02-0009-0000 12/16/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 151000 SR 99 BR. 12-123/196/DRY CREEK OROV.ILLE S 1952 HIST.RES. DOE -04-00-0008-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/04 6Y 150993 SR 99 BR. 12-75/LITTLE DRY CREEK OROVILLE S 1952 HIST.RES. DOE -04-00-0005-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151167 TABLE MOUNTAIN BLVD BARN ACROSS FROM 2128 TABLE MOUNTA OROVILLE P 1920 HIST.RES. DOE -04-00-0052-0000 03/07/00 6Y PROJ.REVW. FHWA000207A' 03/07/00 6Y 069296 - TABLE MOUNTAIN BLVD TABLE MOUNTAIN BOULEVARD BRIDGE OROVILLE U PROJ.REVW. 10/28/77 2S 151165 TABLE MOUNTAIN BLVD OROVILLE P 1880 HIST.RES. DOE -04-00-0051-0000 03/07/00 6Y - - PROJ.REVW. FHWA000207A 03/07/00 6Y . 151016 TABLE MOUNTAIN BLVD BR. 12C-143/CAMPBELL CREEK OROVILLE S 1940 HIST.RES. DOE -04-00-0014-0000 03/07/00 6Y PROJ.REVW. FHWA000207A '03/07/00 6Y 150997 TABLE MOUNTAIN BLVD BR. 12-145/CAMPBELL CREEK OROVILLE S 1963 HIST.RES. DOE -04-00-0007-0000 03/07/00 6Y PROJ.REVW. FHWA000267A 03/07/00 6Y 151017 TABLE MOUNTAIN BLVD BR. 12C-144/CAMPBELL CREEK OROVILLE S 1940 HIST.RES. DOE -04-00-0015-0000 03/07/00 6Y ' PROJ.REVW. FHWA000267A 03/07/00 6Y 151163 2092 TABLE MOUNTAIN BLVD OROVILLE P 1920 HIST.RES. DOE -04-00-0049-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 151164 2096 TABLE MOUNTAIN BLVD OROVILLE P 1920 HIST.RES. DOE -04-00-0050-0000 03/07/00 6Y PROJ.REVW. FRWA000207A 03/07/00 6Y 151170 2185 TABLE MOUNTAIN BLVD OROVILLE P 1950 HIST.RES. DOE -04-00-0055-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 156830 1730 VEATCH ST OROVILLE P 1950 PROJ.REVW." HUD051107F 11/28/05 6Y . 151174 W HWY 70 EQUIPMENT SHED OROVILLE P 1942 HIST.RES. DOE -04-00-0059-0000 03/07/00 6Y PROJ.REVW. FHWA000207A 03/07/00 6Y 102890 2285 WILCOX AVE OROVILLE P 1910 PROJ.REVW. HUD960619E 08/06/96 6Y 103181 BALD MOUNTAIN FIRE LOOKOUT STATION (VIC) OROVILLE S 1934 ST.AG.5024 ST.AG-3540-000029 09/12/96 4CM AD 103179 BLOOMER HILL FIRE LOOKOUT STATION (VIC) OROVILLE S 1925 ST.AG.5024 ST.AG-3540-000041 09/12/96 4CM AD 103182 PLATTE MOUNTAIN FIRE LOOKOUT STATI (VIC) OROVILLE S 1956- ST.AG.5024 ST AG -3540-000028 09/12/96 4CM 'AD 103180 SAWMILL PEAK FIRE LOOKOUT STATION (VIC) OROVILLE S 1929 ST.AG.5024 ST.AG-3540-000025 09/12/96 4CM 103178 SUNSET HILL FIRE LOOKOUT STATION (VIC) OROVILLE. S 1934 ST.AG.5024 ST AG -3540-000037 09/.12/96 4CM 090561 6TH ST OROVILLE ODD FELLOWS HOME SITE, BE (VIC). OROVILLE. U ;HIST.RES. SPHI-BUT-018 08/17/90 7L 136485 63 LOWER HONCUT RD (VIC) OROVILLE P 1910 HIST.RES. DOE -04-02-0004-0000 12/16/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 140781 OROVILLE BANGOR SR ROCKY HONCUT CREEK BRIDGE #12CO292 .(VIC) OROVILLE S 1937 HIST.RES. DOE -04-03-0044-0000 05/21/03 6Y PROJ.REVW. FHWA030425A 05/21/03 6Y 140780 OROVILLE BANGOR SR BRANCH ROCKY HONCUT CREEK BRIDGE # (VIC) OROVILLE S 1940 HIST.RES. DOE -04-03-0043-0000 05/21/03 6Y PROJ.REVW. FRWA030425A 05/21/03 6Y 136493 1141 PALERMO RD (VIC) OROVILLE P 1956 HIST.RES. DOE -04-02-0012-0000 12/16/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 136494 POWER HOUSE HILL RD SCHULTZ BARN (VIC) OROVILLE P 1920 HIST.RES. DOE -04-02-0013-0000 12/16/02 6Y - PROJ.REVW. FHWA021003A 12/16/02 6Y 136492 6069 POWER HOUSE HILL RD (VIC) OROVILLE P 1946 HIST.RES. DOE -04-•02-0011-0000 12/16/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 136491 6317 POWER HOUSE HILL RD (VIC) OROVILLE P 1922 HIST.RES. DOE -04-02-0010-0000 12/16/02 6Y ' - PROJ.REVW. FHWA021003A 12/16/02 6Y , 136506 103 SCHOOL ST (VIC) OROVILLE P 1900 HIST.RES. DOE -04-02-0014-0000 12/16/02 6Y OFFICE OF HISTORIC PRESERVATION * * * Directory of Properties in the Historic.Property Data File for BUTTE County. Page 21 12-11-06 PROPERTY -NUMBER PRIMARY-# STREET.ADDRESS..:.......... NAMES............................. CITY.NAME........ OWN YR -C OHP-PROG.. PRG -REFERENCE -NUMBER STAT -DAT NRS CRIT ' r PROJ.REVW. FHWA021003A 12/16/02 6Y 050091 SR 162 BRIDGE #12-34 (VIC) OROVILLE S 1921 HIST.SURV. 5965-0002-0000 3S 050093 SR 191 BRIDGE #12-170 (VIC) OROVILLE S 1925 HIST.SURV. 5965-0004-0000 7R 050094 SR 191 BRIDGE #12-171 (VIC) OROVILLE S 1925 HIST.SURV. 5965-0005-0000 7R 050095 SR 191 BRIDGE #12-172 (VIC) OROVILLE S 1925 HIST.SURV. 5965-0006-0000 7R 105433 SR 70 JARBO GAP FOREST FIRE STATION BARR (VIC) OROVILLE S 1937 ST.AG.5024 ST.AG.-3540-0118 11/20/96 4CM AD 050092 SR 70 BRIDGE #12-61 (VIC) OROVILLE S 1922 HIST.SURV.. 5965-0003-0000 "7R 136487 SR 70 CENTRAL HOUSE•ROAD BARN (VIC) OROVILLE P 1925 HIST.RES. - DOE -04-02-0006-0000 12/16/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 136486 992 SR 70 (VIC) OROVILLE P 1948 HIST.RES. DOE -04-02-0005-0000 12/16/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y- 136488 1421 SR 70 (VIC) OROVILLE P 1920 HIST.RES. DOE -04-02-0007-0000 12/16/02. 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 136489 1532 SR 70 (VIC) OROVILLE P 1920 HIST.RES. DOE -04-02-0008-0000 12/16'/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 069664 HONCUT RD HONCUT CREEK BRIDGE (VIC) PALERMO U PROJ.REVW. 10/28/77 2S 136507 1527 PALERMO RD (VIC) PALERMO P. 1920 HIST.RES. DOE -04-02-0015-0000 12/16,/02 6Y ' PROJ.REVW. FHWA021003A 12/16/02 6Y 136508 1630 PALERMO RD (VIC) PALERMO P 1950 HIST.RES. DOE -04-02-0016-0000 12/16/02 6Y PROJ.REVW. FHWA021003A 12/16/02 6Y 156832 1130 BILLE RD PARADISE P 1920 PROJ.REVW. HUD051107H 11/28/05 6Y 152481 5344 CLARK RD HEINKE PROPERTY PARADISE P 1945 HIST.RES. DOE -04-04-0018-0000 09/30/04 6Y PROJ.REVW. FHWA040916A 09/30/04 6Y - 152481 5348 CLARK RD HEINKE PROPERTY PARADISE P 1950 HIST.RES. DOE -04-04-0019-0000 09/30/04, 6Y PROJ.REVW. FHWA040916A 09/30/04 6Y 152478 5365 CLARK RD PARADISE INDUSTRIAL PARK PARADISE P 1954 HIST.RES. DOE -04-04-0017-0000 09/30/04 6Y PROJ.REVW. FH4A040916A 09/30/04 6Y 152456 5427 CLARK RD PARADISE MANOR BED.& BREAKFAST PARADISE P 1949 HIST.RES., DOE -04-04-0011-0000 09/30/04 6Y PROJ.REVW. FHWA040916A 09/30/04 6Y 152459 5515 CLARK RD VISINONI GENERAL CONTRACTOR PARADISE P 1945 HIST.RES. DOE -04=0'4-0012-0000 09/20/04 6Y PROJ.REVW. FHWA040916A 09/20/04 6Y 152475 5520 CLARK RD KEMPER CHIROPRACTIC PARADISE P 1950. HIST.RES. DOE -04-04-0016-0000 09/30/04 6Y PROJ.REVW. FHWA040916A '09/30/04 6Y 152468 5522 CLARK RD PARADISE P 1950' HIST.RES. DOE -04-04-0015-0000 09/30/04 6Y 'PROJ.REVW. FHWA040916A 09/30/04 '6Y 152463 5542 CLARK RD - GALLAGHER CHIROPRACTIC PARADISE P 1953 HIST.RES. DOE -04-04-0013-0000 09/30/04 6Y PROJ.REVW. FHWA040916A 09/30/04 6Y 152466 5542 CLARK RD PARADISE P 1950 HIST.RES. DOE -04-04-0014-0000 09/30/04 6Y PROJ.REVW. -FHWA040916A 09/30/04 6Y 161495 6107 CLARK RD PARADISE P 1953 PROJ.REVW. HUD060327FF 03/28/06 6Y 152770 137 COAST RANGE LANE PARADISE P 1950 HIST.RES. DOE -04-05-0001-0000 02/22/05 6Y PROJ.REVW. HUD050217A 02/22/05 6Y 132781 1223 ELLIOTT RD PARADISE P 1949 HIST.RES. DOE -04-02-0001-0000 08/05/02 6Y PROJ.REVW. HUD020801C 08/05/02 6Y 105447 1464 FOREST SERVICE RD PARADISE FOREST FIRE STATION 2 -BAY PARADISE S 1934 ST.AG.5024 ST.AG.-3540-0127 11/20/96 4CM AD -105446 1464 FOREST SERVICE RD PARADISE FOREST FIRE STATION COMBI PARADISE S 1934 ST.AG.5024 ST.AG.-3540-0126 11/20/96 4CM AD 153740 1189 GLEN CR PARADISE P 1949 PROJ.REVW. HUD050415D 04/19/05 6Y 090552 PEARSON RD BUTTE COUNTY RAIROAD DEPOT PARADISE P HIST.RES. SPHI-BUT-011 12/21/81 7L -� 161990 5412 S LIBBY RD PARADISE P 1944 PROJ.REVW. HUD060503B 05/04/06 6Y 154980 8247 SKYWAY DUKE'S CORK 'N' BOTTLE DISCOUNT LI PARADISE P 1939 PROJ.REVW. FHWA050729Z 08/17/05 PROJ.REVW. FHWA050729Z 08/17/05 6Y 154982 1130 WAGSTAFF RD SERENITY WOODS ART GALLERY PARADISE P 1947 PROJ.REVW. FHWA050729Z 08/17/05' 6Y 154981 1147 WAGSTAFF RD PARADISE P 1951 PROJ.REVW. FHWA050729Z 08/17/05 6Y California State University, Chico Chico, California 95929-0377 Northeast Information Center ILMCONMM 959.65 rw O�P� F �8® ® P7TNEv 805NE5 02 1A $ 00-630 0004626110 FE815 2007 MAILED FROM ZIP CODE 95928 Department of Development Services Planning Division 7 County Center Drive —� Oroville, CA 95965 ATTN: Mr. Chris Tolley O�a�ara�a�a�a�aaa��aeaaa�na�fanfOna��nOn���n��na�a��n� 0 BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: AGENT: The Engineering Group APN: FILE #: GPA07-0002 & REZ07-0001 PLANNER: *There are no Standard Conditions for a General Plan Amendment. 40 January 18, 2007 031-060-054 & 031-070-084 Chris Tolley PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: J. SITE DEVELOPMENT ❑ 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Exhibit B" and dated 20 and is incorporated herein by this reference. 2'° Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. ❑ 3. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. ❑ 4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. ❑ 5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING ❑ 1. A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. ❑ 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than gallon size. ❑ 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, during the term of this permit. ❑ 4. All graded slopes, over 5 feet in height, or on slopes greater than %, shall be seeded, planted, mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. ❑ 5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree species shall be approved by the Planning Division prior to planting. ❑ 6. Prior to the commencement of grading and/or construction activity, all individual or groups of oak trees which are to be retained as part of the project, shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed. The RPZs shall be maintained after the completion of construction in order to continue to protect the oak trees, but the fencing shall be removed. L. GRADING During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. Archaeological artifacts are defined as follows: ❑ 2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 -year floodplain and/or streambed, the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS ❑ I. Prior to the issuance of building permits, payment of the North Oroville/Thermalito Traffic Impact Fees shall be made. ❑ 2. Prior to the issuance of a building permit for each new or additional living unit, the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. ❑ 3. Prior to the issuance of the Rezone, to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. V, -X4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. ❑ 5. This Conditional Rezone is granted for a period of month(s) at the end of which time it shall expire (unless the approving authority has held a hearing thereon and granted an extension. In connection with such an extension, the approving authority may add, change, or delete conditions). ❑ 6. Approval of this Conditional Rezone shall become null and void if the use for which it has been granted is not established within two calendar years from the date of approval. No formal cancellation or revocation action by the County will be necessary. ❑ 7. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. 8. Approval of this application does not become effective unless, pri6r to 4:00 p.m. on , 20_, the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the County Counsel. ❑ 9. Prior to the issuance of a building permit or prior to the issuance of a Rezone for a Mobile Home Park, the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II, of the Butte County Code. The fee amount shall be determined and calculated as of the date of application for building permit. ❑ 10. Prior to the issuance of the Rezone, the applicant or property owner shall sign and record the CSA 87 Trac and Drainage Mitigation Agreement or pay the required fees. ❑ 11. Prior to the issuance of the Rezone, the applicant shall contact the Butte County Tax Collector's Office to begin the process of a Transient Occupancy Registration Certificate. A Transient Occupancy Registration Certificate shall be required within ten (10) days after commencing business for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile home park, recreational vehicle park, campground, or parking area (See Chapter 23A). 12. Prior to the issuance of the Rezone, the applicant shall pay all outstanding County fees. Butte County p De $rtment of Development A Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDING * PLANNING February 7, 2007 TO: E41T-raffr 0DF FROM: Chris Tolley, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Verney Chun (Tidewatchers Associate, LP) REZ07-0001 APN: 035-130-074,120,179 Date of Inter -Departmental Review: 2/7/2007 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 7, 2007 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: February 21, 2007 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 2/7/2007, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The applicant is requesting Rezone of parcels 031-060-054 and 031-070- 084 from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Concurrently, the applicant is requesting a General Plan Amendment of the parcels from P -Q (Public - Quasi Public) to AR (Agricultural Residential). PROJECT LOCATION: the parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: P -Q (Public -Quasi Public) GENERAL PLAN: P -Q (Public -Quasi Public) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an email at ctolley@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. IDR COMMITTEE — APPLICATION COMPLETE: No (Please send response to Chris Tolley by February 7, 2007) X Yes (Conditions/mitigation measures due by February 21, 2007) Butte County A De trtment of Development P Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buftecounty.net/dds ADMINISTRATION * BUILDING * PLANNING February 7, 2007 TO: raps L` 0r FROM: Chris Tolley, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Verney Chun (Tidewatchers Associate, LP) GPA07-0002 APN: 035-130-074,120,179 Date of Inter -Departmental Review: 2/7/2007 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 7, 2007 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: February 21, 2007 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 2/7/2007, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031- 060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR - 5 (Agricultural Residential, five acre minimum). PROJECT LOCATION: the parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: P -Q (Public -Quasi Public) GENERAL PLAN: P -Q (Public -Quasi Public) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an email at ctolley@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. IDR COMMITTEE - APPLICATION COMPLETE: No (Please send response to Chris Tolley by February 7, 2007) X Yes (Conditions/mitigation measures due by February 21, 2007) Page 1 of 1 Tolley, Chris From: Read, Darren [Darren. Read@fire.ca.gov] Sent: Tuesday, January 30, 2007 8:48 AM To: Tolley, Chris Cc: Read, Darren Subject: FW: Chun (Tidewatchers Assoc.) REZ07-0001 IDR Eval COA and GPA07-0002 Attachments: Chun (Tidewatchers Assoc.) REZ07-000 1. Request for Comments (1-18-07).doc; Chun (Tidewatchers Assoc.) GPA07-0002. Request for Comments (1-18-07).doc; Chun (Tidewatchers Assoc.) GPA07-0002 IDR Eval COA.doc; Chun (Tidewatchers Assoc.) REZ07- 0001 IDR Eval COA.doc No condition for either one. Darren Read Fire Captain, Fire Protection Planning Butte Unit Fire Prevention Bureau CAL FIRE/Butte County Fire Department 176 Nelson Ave. Oroville CA 95965 (530) 538-7888, Office (530) 538-2105, Fax From: Bonham, Tina [mailto:tbonham@buttecounty.net] Sent: Friday, January 26, 20079:38 AM To: Aguila, Michelle; Banner, Brad; Betts, Steve; Breedon, Dan; Castanon, Yvette; Cochran, Ada; Fogel, Doug; Fowler, Steve; Gillis, Kathy; Jolliffe, Stacey; Kirk, Maureen; Loker, Sally; Lucas, Steve; Read, Darren; Reimers, Ken; Rutherford, Scott; Schroth, Eric; Thistlethwaite, Charles Subject: Chun (Tidewatchers Assoc.) REZ07-0001 IDR Eva[ COA and GPA07-0002 Please review the attached documents. They are being provided to you for your comments. Thank you for attention in this matter. Commission Clerk Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 (530) 538-5260 FAX 538-7785 2/7/2007 • E BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) AGENT: The Engineering Group FILE #: GPA07-0002 & REZ07-0001 *There are no Standard Conditions for a General Plan Amendment. DATE: January 18, 2007 APN: 031-060-054 & 031-070-084 PLANNER: Chris Tolley PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: ❑ I. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. ❑ 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. ❑ 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of / permit issuance and maintained continuously thereafter. X 7. NO Requirements Butte County Deprtment of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buftecounty.net/dds January 18, 2007 ADMINISTRATION *BUILDING "PLANNING cas TO: Environmental Health --<!� FROM: Chris Tolley, Butte County Planning Division O SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Verney Chun (Tidewatchers Associate, LP) GPA07-0002 APN: Date of Inter -Departmental Review: 2/7/2007 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 7, 2007 AGENCY/DEPARTMENT CONDITIONS/1VIITIGATION MEASURES DUE BY: February 21, 2007 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 2/7/2007, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031- 060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR - 5 (Agricultural Residential, five acre minimum). PROJECT LOCATION: the parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection; northwest of the City of Oroville. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: P -Q (Public -Quasi Public) GENERAL PLAN: P -Q (Public -Quasi Public) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an email at ctolley@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. DR -COMMITTEE -- APPLiCATIONTCOMP.LETE.. - - No lease send response to Chris Tolley by February 7, 2007 Yes (Conditions/h►itigation measures due by February 21, 2007) Butte County Depfrtment of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buftecounty-net/dds ADMINISTRATION * BUILDING * PLANNING January 18, 2007 TO: Environmental Health FROM: Chris Tolley, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Verne Cy Chhun (Tidewatchers Associate, LP) REZ07-0001 APN: Date of Inter -Departmental Review: 2/7/2007 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: February 7, 2007 AGENCY/DEPARTMENT CONDITIONS/NIITIGATION MEASURES DUE BY: February 21, 2007 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 2/7/2007, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The applicant is requesting Rezone of parcels 031-060-054 and 031-070- 084 - from - P -Q (Public -Quasi • Public) to AR -5 (Agricultural Residential, --five - acre minimum). Concurrently, the applicant is requesting a General Plan Amendment of the parcels from P -Q (Public - Quasi Public) to AR (Agricultural Residential). PROJECT LOCATION: the parcels are located northwest of Cherokee Road, 0.60 mile north of the Cherokee Road and Table Mountain Boulevard intersection, northwest of the City of Oroville. COUNTY SUPERVISOR DISTRICT NO.: 1 ZONING: P -Q (Public -Quasi Public) GENERAL PLAN: P -Q (Public -Quasi Public) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an email at ctolley@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. WCOM_ MIT.TEE' AP_ PLICATION No lease send response to Chris Tolley by February 7, 2007 Yes (Conditions/mitigation measures due by February 21, 2007) • • Page 1 of 1 Tolley, Chris From: Walters, Charlotte Sent: Wednesday, January 31, 2007 3:38 PM To: Tolley, Chris Cc: Walters, Charlotte; Fogel, Doug Subject: GPA 07-0002, Verney Chun, APN 31-060-054 and 31-070-084 Hi Chris, This application is complete, conditions are entered in Trakit. Soil tests have been conducted and there is adequate area and replacement for a septic system, however, there is not adequate area to subdivide this parcel. Thanks, Charlotte I 2/7/2007 BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: AGENT: The Engineering Group APN: FILE #: GPA07-0002 & REZ07-0001 PLANNER: *There are no Standard Conditions for a General Plan Amendment. January 18, 2007 031-060-054 & 031-070-084 Chris Tolley PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: D. SEWAGE DISPOSAL AREAS ❑ 1. Prior to the issuance of a building permit, the applicant shall meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. ❑ 2. Prior to the issuance of a building permit, those wells indicated on the site plan that are proposed to be destroyed in order to provide required usable sewage disposal areas, shall be destroyed under a valid Butte County Environmental Health Division permit. ❑ 3. In the nitrate area record executed Future Sewer Service and Storm Drainage Agreements. ❑ 4. Prior to the issuance of a building permit, meet the requirements of the (Watershed Protection Zone) (Villa Verona Moratorium Area) (Cohasset Specific Plan). E. INDIVIDUAL WATER SUPPLY ❑ 1. Prior to the issuance of a building permit, provide a source of domestic water for the building on (lot) (parcel) ❑ 2. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. F. PUBLIC WATER SUPPLY ❑ I. Prior to the issuance of a building permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. G. EXISTING COMMUNITY SEWER ❑ 1. Prior to the issuance of a building permit, under a permit issued by the Environmental Health Division, abandon the septic tank and connect the dwelling(s) on (lots) (parcel(s)) to public sewer. • • Page 1 of 1 Tolley, Chris From: Schroth, Eric Sent: Tuesday, January 30, 2007 10:57 AM To: Tolley, Chris Cc: Edell, Stuart Subject: GPA07-0002 Chris, Our department is complete with no comments. An electronic form was not provided via email or Trackit. I will need to be educated on how to properly respond using Trackit, if this is desired. Butte County Public Works Land Development Division 7 County Center Drive Oroville, CA 95965 Phone: (530) 538-7266 FAX: (530) 538-7171 2/7/2007 BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: January 18, 2007 AGENT: The Engineering Group APN: 031-060-054 & 031-070-084 FILE #: GPA07-0002 & REZ07-0001 PLANNER: Chris Tolley *There are no Standard Conditions for a General Plan Amendment. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ I. Prior to the issuance of building permits, obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. ❑ 2. Prior to the issuance of building permits, deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of . The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of building permits, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels except at approved access points. B. DRAINAGE ❑ I. Prior to the recordation of the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to the issuance of building permits, establish 100 -year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ I. Prior to the issuance of the Rezone, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. . • Page 1 of 1 Tolley, Chris From: Nelson, Carl Sent: Monday, January 29, 2007 12:02 PM To: Tolley, Chris Cc: Jolliffe, Stacey Subject: Gpa 07-0002; Re07-0001 building div Response Chris, On this parcel, 031-070-084, we have had one permit issued. Building permit number 05-2348 was issued for (water) well electric and there have been no inspections on this permit and it is expired. The building division has no comment on this application. If there was a well drilled on this parcel, then, BCEH has a record of this action. Carl N. 2/7/2007 BUTTE COUNTY STANDARD CONDITIONS FOR REZONE* APPLICANT: Chun, Verney (Tidewatchers Assoc.) DATE: January 18, 2007 AGENT: The Engineering Group APN: 031-060-054 & 031-070-084 FILE #: GPA07-0002 & REZ07-0001 PLANNER: Chris Tolley *There are no Standard Conditions for a General Plan Amendment. PROJECT DESCRIPTION: The applicant is requesting a General Plan Amendment of parcels 031-060-054 and 031-070-084 from P -Q (Public -Quasi Public) to AR (Agricultural Residential). Concurrently, the applicant is requesting a Rezone of the parcels from P -Q (Public -Quasi Public) to AR -5 (Agricultural Residential, five acre minimum). Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: H. BUILDING PERMITS ❑ I. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. ❑ 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. I. EXISTING STRUCTURES ❑ 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. ❑ 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. . 0 Page 1 of 1 Tolley, Chris From: Lightell, Sue Sent: Tuesday, January 23, 2007 1:30 PM To: Tolley, Chris Subject: Request for Comments GPA07-0002 and REZ07-0001 These two Requests for Comments are all mixed together with the Requests TSM06-0007 and TSM07-0001. The GPA07-0002 and REZ07-0001 involve APNs 031-060-054 and 031-070-084. The TSM06-0007 and TSM07- 0001 Requests involve APNs 035-130-074, 120, 179. Sue Lightell Assessor Mapping Dept. 2/7/2007 0 Tolley, Chris From: Michelena, Mark Sent: Thursday, February 01, 2007 4:25 PM To: Tolley, Chris Subject: FW: Review of GPA 07-0002, Verney Chun -----Original Message ----- From: Richard Helman[mailto:richard_helman@dot.ca.gov] Sent: Thursday, February 01, 2007 4:23 PM To: Michelena, Mark Subject: Review of GPA 07-0002, Verney Chun Hi Mark: We have reviewed the subject general plan amendment on property located off Cherokee Road and have "No Comment". Rick Helman Inter -governmental Review Coordinator CALTRANS-District 3, Office of Transportation Planning -North, P.O. Box 911, Marysville, CA 95901 Voice: 530-634-7612 or 8-457-7612 Fax: 530-741-5346 0 n �J 350 Salem Street Pacific Gas and Chico, CA 95928 & Electric Company 530/896-4257 FAX 530/896-4254 January 23, 2007 Chris Tolley Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 RE: General Plan Amendment & Rezone Site Plan, - (Chun) FILE: GPA 07-0002, APN: 031-060-054 & 031-070-084 Dear Mr. Tolley: PG&E has "reviewed the subject site plan. Please dedicate all access roads/streets for Pubic Utilities. Don Chambers Technical and Land Services Chico Office JAN 2.5 Z47 DEV��d NT SUBDIVISION OF PREMISES: When PG&E's Electric or Gas Service Facilities are located on private property and such private property is subsequently subdivided into separate Premises with. ownership divested to other than Applicant or customer, the subdivider is required to provide PG&E with adequate. rights-of-way satisfactory to PG&E for its existing facilities and to notify property owners of the subdivided Premises of the existence of the rights-of-way. Wheri adequate rights-of-way are not granted as a result of the property subdivision, PG&E shall . have the right, upon written notice to Applicant, to discontinue service without obligation or liability. The existing owner, Applicant, or customer shall pay to PG&E the total estimated cost of any required relocation or removal of PG&E's facilities. A new service will be re-established in accordance with the provisions for new service and the provisions of any other applicable PG&E rules. Any relocation or rearrangement of any existing PG&E facilities to accommodate this project will be at the developers/applicants expense. There shall be no building of structures, or the storage of any materials allowed over or under any existing PG&E facilities, or inside any easements that exist which infringe on PG&E's easement rights. Thank you for the opportunity to review this matter. If you have any questions, please call me in Chico at 896-4257. Sincerely, Donald W. Chambers Land Agent - (file: GPA07-0002.doc) LEGEND NDTEi MIN. 60' ROW REQUIRED 4: >s BOUNDARY LINE CENTER LINE ADJACNET PROPERTY LINES — CITY LIMIT LINE SCALE 5' 1' 1' S' vwftwot � � 1°=200' SITE CITY PROPERTIES R6 ASSESSOR'S PARCEL NUMBER (APN) oat -060-054 -2� �a►� �. "°``may GENERAL PLAN GP ZONING Z �o� TYPICAL CROSS SECTION rs MINOR COLLECTORS & LOCAL ACCESS° RS -3 TYPE B NTS fi �4� o �g•(E.RN PACIFIC-RPIIROAO - � ���kOPo+a ~^.L 8807 39• -- ut\-.\\ _•\ VICINITY MAP -$ ... - .. - 0-37.05'13.00' „ \ oQ .. • _R_1247.34, \ NTS NOTES: - - 699' �/b ! 1. EXISTING ZONING: P -Q (PUBLIC/ QUAD PUBLIC) o �5,4k N/a �\ PROPOSED ZONING: R1 (LOW DENSITY RESIDENTIAL) P R ROP r P _\ \ 2. EXISTING GENERAL PLAN: P (PUBLIC/QUASI-PUBLIC) E \ PROPOSED GENERAL PLAN: LOW DENSITY RESIDENTIAL i 3. EXISTING USE: VACANT gtERN r �l I STAT' OF STATE OF CA. L=567.3� 00'� ' - ' '` PROPOSED USE: SINGLE FAMILY RESIDENTIAL _ 31 STATE i CALIFORNIA 4. USE BUTTE COUNTY STANDARD RS -3 TYPE A FOR WATER RESOURCES _ RQi53 pg z 31 -060 -OS CHEROKEE ROAD 031-030-056 ^,A9•�45•\o I 3.55 AC 5zoa._—Y` NOT �`� Z P -Q REZONE /GENERAL PLAN 8.81 AC Z:P-Q GP: P c PART I AMENDMENT GP: P �/ MARTIN BLOOM — — ICA. ATER SERVICE CO. - �� ! 031-070-002 31-060-006 9.18 AC -1 4Xt00 7.02 AC SITE PLAN STATE OF CA. o 4XI UNE WATER RESOURCES GP: AR Z:AR-1 r Z.Q_P • 45 031-030-057 �. N 49• \�� /� USEABLE A� III ) WITHIN SECTION 5 OF TOWNSHIP 19 NORTH, : UNLISTED TE \ FOR FIELD / \ RANGE 4 EAST, M.D.B.&M., EACH Z: UNLISTED Fl°D � GP- UNLISTED A2 G0P0SED ,., C Harr LINE BUTTE COUNTY, CALIFORNIA. c,•"6 ��� STATE OF CALIFORNIA \\ �` k\� ' tooi STATE OF CALIFORNIA 031-070-083 �� �\� _ ��t �� /� ' `! \ ��. \q, 031—o7o—os5 ASSESSOR'S PARCEL NUMBERS \ 11.51 AC ; \\��� ��%��� 21.37 AC - \ z: P—Q / `�.�� V11I �ti+4 '"`a z: P -Q 031-060-054 & 031-070-084 f GP: P ; ' ` ���\��. =L ��� �. i.� I GP: P AREA: 30.1 AC . \ \ 4cCM APPRWL03M-0 W F. s�Ap'OJ.,•`'Ai 145.36' - \ FOR OWNER .. , N0 0® REtFR \� / / N 30.19'06' E '� ' ;;>-.z S': :- •a_: .: r \ � j k. .� z25� CA. WATER VERNEY CHUN \ \ PROPOSED WMal •� SER VIC CO. STATE OF CA. WATER RESOURCES ' 31-070-07 031-070-080 3.36 630 RAVENNA TERRACE Z: P -Q 41.23 AC 11 % FREMONT, CA 94536 � GP: P Z: P -Q GP: P BY THE ENGINEERING GROUP, INC. 11MOTHY C. WOOD, R.C.E. 61779 1250 EAST AVE. SUITE 10 CHICO, CA 95926 PH: (530) 899-0409 FAX: (530) 899-0943 DECEMBER 2006 SHEET 1 OF 1 LEGEND BOUNDARY LINE -- -- CENTER LINE - - ADJACNET PROPERTY LINES CITY LIMIT LINE CITY PROPERTIES ASSESSOR'S PARCEL NUMBER (APN) os1-oso-054 GENERAL PLAN GP ZONING Z 16.61 AC Z: UNLISTED GP: UNLISTED STATE OF CA. WATER RESOURCES !CALEI ."=200' ""s . N P PG�F�G �O 320.00 MARTIN BLOOM i i E V �. 100' LFSB NOTE: MIN, 60' ROW REQUIRED 5' 14' MIN. ._) — 14' TYPICAL CROSS SECTION MINOR COLLECTORS & LOCAL ACCESS RS -3 TYPE B NTS �5-MRN P ACIFIC RAILROAD 37505 3 00 -IN '13.00' 'o '-R_1247.34 0 0 350.53' N 73'30'45• F 4X100' -LEACH LINE USEABLE AREA FOR LEACH FIELD x. LOCAMON OF MIOCENE CANAL �,XGQ JaQ i 145.3466'' STATE OF I CALIFORNIA (o I 031-060-05- 3.55 AC Z: P -Q GP: P I CA. ATER SERVICE CO. 5' 3 7.02 AC Z: Q -P / GP: P i STATE OF CALIFORNIA - 031-070-065 21.37 AC Z: P—Q \ GP: P STATE OF CA. WATER RESOURCES ' 031-070-080 \ ' 41.23 AC Z: P—Q GP: P VICINITY MAP NTS NOTES: 1. EXISTING ZONING: P—Q (PUBLIC/ QUAZI PUBLIC) PROPOSED ZONING: AR -5 (AGRICULTURAL RES., 5 AC . MIN.) 2. EXISTING GENERAL PLAN: P (PUBLIC/QUASI—PUBLIC) PROPOSED GENERAL PLAN: AR (AGRICULTURAL RES.) 3. EXISTING USE: VACANT PROPOSED USE: SINGLE FAMILY RESIDENTIAL 4. USE BUTTE COUNTY STANDARD RS -3 TYPE A FOR CHEROKEE ROAD NERAL PLAN REZONE GE AMENDMENT SITE PLAN v-Fl-HIN SECTION 5 OF 1 OWNSHIPF 19 N01t 1 H, RANGE 4 EAST, M.D.B.&M., BUTTE COUNTY, CALIFORNIA.:: ASSESSOR'S PARCEL NUMBERS 031-060-054 & 031-070-084 AREA: 30.1 AC FOR OWNER VEI2NEY CHUN 630 RAVENNA TERRACE FREMONT, CA 94536 aY THE ENGINEERING GROUP, INC. TIMOTHY C. WOOD, R.C.E. 61779 1250 EAST AVE. SUITE 10 CHICO, CA 95926 PH: (530) 899-0409 FAX: (530) 899-0943 DECEMBER 2006 SHEET 1 OF 1 PLANNING APPROVED LEGEND BOUNDARY LINE -- -- CENTER LINE - - ADJACNET PROPERTY LINES CITY LIMIT LINE CITY PROPERTIES ASSESSOR'S PARCEL NUMBER (APN) o31—oso—os4 GENERAL PLAN GP ZONING Z 16.61 AC Z: UNLISTED GP: UNLISTED STATE OF CA. WATER RESOURCES or, RP\�ROPo P PG SRN , �s 0 X00 0 L=,pB6 31 i 32().()o� MARTIN BLOOM >CALE: =200' i i E v ��0 O 100' LFSB USEABLE AREA FOR LEACH FIELD 5' NOTE: MIN. 60' ROW REQUIRED 0 61 I I I -2y 1 -2x t l TYPICAL CROSS SECTION MINOR COLLECTORS & LOCAL ACCESS RS -3 TYPE B NTS p,CIF1C RA1`ROp,D P ' �.�D-=�L3R=_0810247.34 0.0 0 S 537.1390350.53' N 7330'45. 4X100' _ r LEACH UNE I� 5' ISTATF) 'OF CALIFORNIA I� 031-060-05 I 3.55 AC Z: P -Q GP: P CA. ATER SERVICE CO. 31-060-006 3 7.02 AC Z:Q-P GP: P i i STATE OF CALIFORNIA - 031-070-065 21.37 AC Z: P—Q \ GP: P \ STATE OF CA. WATER RESOURCES ' \ 031-070-080 \ 41.23 AC \ .. Z: P -Q GP: P i VICINITY MAP NTS NOTES: 1. EXISTING ZONING: P—Q (PUBLIC/ QUAZI PUBLIC) PROPOSED ZONING: AR -5 (AGRICULTURAL RES., 5 AC. MIN.) 2. _EXISTING _GENERAL PLAN: P__ (PUBLIC/QUASI—PUBLIC) PROPOSED GENERAL PLAN: AR (AGRICULTURAL RES.) 3. EXISTING USE: VACANT PROPOSED USE: SINGLE FAMILY RESIDENTIAL 4. USE BUTTE COUNTY STANDARD RS -3 TYPE A FOR CHEROKEE ROAD REZONE GENERAL PLAN AMENDMENT SITE PLAN Wl fHIN SEC•1 ION 5 OF TOWNSHIPI 19 NOR 1 Hf RANGE 4 EAST, M.D.B.&M., BUTTE COUNTY, CALIFORNIA.:.; ASSESSOR'S PARCEL NUMBERS 031-060-054 & 031-070-084 AREA: 30.1 AC +/- FOR OWNER VERNEY CHUN 630 RAVENNA TERRACE FREMONT, CA 94536 BY THE ENGINEERING GROUP, INC. TIMOTHY C. WOOD, R.C.E. 61779 1250 EAST AVE. SUITE 10 CHICO, CA 95926 PH: (530) 999-0409 FAX: (530) 899-0943 DECEMBER 2006 SHEET 1 OF 1