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MUP 99-10
L FILE #: MUP 99-10 PROJECT. APPLICANT: David R. Westphal PO �X )1'6h, ADDRESS: 118 Mala a Laa4,Goha! OWNER: ADDRESS:�n-- REPRESENTATIVE: ADDRESS: fg-ho-l-FCT SUMMARY SHEE ..0 L _,jkit^1nw4 K' * fsli :.,y +•r 1• r� :....:. �- TV K! Minnr lkt- Permit PROJECT DESCRIPTION: Minor Use Permit to allow a second dwelling unit G -7i3- 2�0--Y-8, i 5n 3 70 Rl PROPERTY ZONED: TM -5 LOCATED: on the east side of Maple Lane approximately %Z mile east of Cohasset Road AP#: 056-120-099, ptn, TOWN/AREA: Cohassset GENERAL PLAN DESIGNATION: Agricultural Residential 1. Application complete: May 3, 1999 Amount: $_350.00 Receipt #: 17588 2. Comments sent to: EH, LAFCO, DEV SERV, ASSESS, PW, AG COMM, CDF 3. Comments received from: 4. 5. 6. 7. Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: Assigned To: David Doody Environmental Determination: State Clearinghouse No: 8. Staff Report: 9. 10. 11. 12. 13. Subject to Fish & Game: Project Video: Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other Release to publish: Clearinghouse circulation required: Yes No Date Sent to SCH: Publication Notice Written: 7-/.3 r 9 Display Ad Prepared: Notices Mailed: 7-13 -r1 Number of Notices: Newspaper Publication Date: 7 -1'-7)2 J� 7 (' 1 G B R Planning Commission Hearing(s):- Action taken: Special Conditions: Commission Resolution No. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Type Use Permit/Send for signature: /I(- 9 9� 9.• _ Ordinance No: -7- C1G - fABz.Zgt Adopted: 16. N.O.E. / N.O.D. / APPENDIX G: /) u ' Fish & Game Fees Paid: Yes No wvc 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Permit / Variance to Planning Technician: 13- Z-7 A David R. Westphal, (Item determined to be Categorically Exempt from environmental review) Minor Use Permit for a permanent second dwelling unit on property zoned TM -5 (Timber Mountain - 5 acre parcels). The property is located at 118 Maple Lane, approximately %2 mile east of Cohasset Road, Cohasset. APN 056-120-099 ptn. (DD) (MUP 99-10) (VIDEO) A video of the site was shown. Mr. Wilson gave a brief summary of the project. The hearing was opened to the public. There was no one present to speak to this item. The hearing was closed. Commissioner Lambert asked if this project was referring to Parcel 4 of a 1998 parcel split, that is 14 acres in a TM -5 zone? Mr. Wilson said that is correct. Mr. Wilson explained that the Board of Supervisors approved a Second Dwelling Unit Ordinance on July 13, 1999. He said the Board instructed that all previous applications would-be processed under the old ordinance regulations. It was moved by Commissioner Lambert, seconded by Commissioner Cage, and unanimously carried to approve the Minor Use Permit for MUP99-10, David R. Westphal as follows: I. Find that this application for a Minor Use Permit to allow a permanent dwelling unit is Categorically Exempt from environmental review. II. Approve Minor Use Permit MUP 99-10 for David Westphal located on Parcel 4 of Tentative Parcel Map 98-05, portion of APN: 056-120-099 subject to the conditions found in Exhibit A with the following findings: A. That the proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County becauseproject conditions of approval have been applied to this project pursuant to the applicable requirements of Appendix ` E"of the Cohasset Special Area Plan and Section 24-280 (B) "Standards and Conditions for Second Dwelling Units" of the Butte County Zoning Code. The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is designated Agricultural Residential and zoned TM -5. The purpose of the Agricultural Residential land use designation is to provide land for agriculture and single-family dwellings at rural densities. The TM -5 zone allows one single family dwelling per parcel and a second unit upon approval of a Minor Use Permit. B. That the location, size, design, and operating characteristics of the proposed use -will' be compatible with and will not adversely affect or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: Harmony in scale, bulk, coverage, and density: The project is in harmony with scale, bulk, coverage, and density because the additional dwellings will not cause over coverage of the parcel or exceed the density ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ AUGUST 11, 1999 ■ of the Butte County General Plan, which is Agricultural Residential. The project site is 13.73 acres in size and is twice the acreage as specified by the site development standards of the TM -5 Zone. Also, the second unit is 1, 023 sq. ft. in size. This size can be characterized as not being overly bulky and its scale should be compatible with other rural residences in the vicinity. 2. The availability of public facilities, services and utilities: The additional dwelling will only create a minor need for neww public facilities, services and utilities because*telephone and electrical services already extend to the project parcel. The Environmental Health Department indicates that the septic system and well for the primary and the second unit are adequate in size and capacity to service these dwellings. The Butte County Fire Department is requiring compliance with Public Resources Code Section 4290 and 4291 for fire protection as conditions of approval. The additional dwellings should not significantly affect fire protection services upon compliance with these fire safe requirements. 3. The harmful effect, if any, upon desirable neighborhood character: The additional dwelling utilizes a traditional architectural style that is of a character consistent with a rural residential neighborhood and should be compatible . with surrounding dwellings. 4. The generation of traffic and the capacity and physical character of surrounding streets: The additional dwelling will only create a minor amount of traffic and will not over burden the carrying capacity of Cohasset Road, Maple Lane and Cedar Ridge Court. The second dwelling unit will add approximately 6-8 additional vehicle trips per day to Maple Lane and Cedar Ridge Court. These roads have been designed for this amount of traffic. This will not change the character of the traffic in the area. The Butte County Department of Public Works has evaluated the second dwelling and has not required any project improvements. The suitability of the site for the type and intensity of use or development which is proposed: The project site is 13.74 acres in size and is adequate in area for an additional dwelling and for the intensity of the proposed use, which is rural residential. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed second dwelling application to County Agencies and has received no evidence that the use will cause any other relevant impact. C. There is no substantial evidence that the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. 0 BUTTE COUNTY PLANNING COMMISSION 0 MINUTES 0 AUGUST 11, 1999 0 0 r 4. That the proposed use will comply with each of the applicable provisions of the Chapter 26, Section 280; of the Butte County Code. Conditions of Approval: 1. The second dwelling unit shall not exceed 1,200 square feet. 2. Provide two additional off-street parking spaces. 3. An attached or detached garage or carport with a maximum exterior dimension of 20 feet by 24 feet is permitted., Said garage may be constructed with the second dwelling or in the future without an amendment to the terms of this permit. 4. Either the existing single family dwelling or the Second Unit shall be owner occupied. Certification of ownership shall be required prior to permit issuance and annually thereafter by submittal of a declaration in a form specified by the Director of Development Services or designee. 5. No permits for any additional dwelling may be approved unless a Use Permit is granted by the Planning Commission. ` 6. Construction, installation or development of structures or facilities on the parcel shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 7. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 8. The project shall comply with the requirements of the Development Policies for the Cohasset Area (Appendix E of the Zoning Ordinance), including, but not limited to, driveway length and width ratios, structure identification, water source and flow rate, 60 foot separation between structures, and fire resistant roofing materials. , 9. Prior to the issuance of a building permit for a second dwelling, provide a source of domestic water satisfactory to the Butte County Environmental Health Division. and meet the requirements for sewage disposal systems. , 10. Applicant must also comply with all other applicable federal, state and local statutes, ordinances, and regulations. --------------- s - -- - - ■ BUTTE COUNTY PLANNING COMMISSION ■MINUTES ■ AUGUST 11, 1999 ■ 00 DEPARTMENT OF DEVELOPMENT SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Astent information to be provided is on other side: APPLICANT'S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: Oa vel Rwest PTN ADDRESS: LQh P CITY, STATE & ZIP CODE: FILE NUMBER: (FOR OFFICE USE) Ile /`'la le CoAQrs,7'` C'!¢ 91-973 — NAME OF PROPOSED PROJECT (If arty) TELEPHONE Ce47':r' Alla e CpOet- l6q)eCel iL(S3oI 3y�3�'f�1�1 LOCATION OF PROJECT ( Major cross streets and Address, if any ) C P�uv 1�;d9 r' Cour T GENERAL INFORMATION REQUIRED I�/es lQ % OWNER'S NAMET-6?v) ELEPHONE 3,q3 -q -9..S'1 ADDRESS: CITY, STATE A ZIP CODE: 119 /lar/e Lah if Coliasse%� Cfq C/ ;73 P ZONE %/11 S GENERAL PLAN AylRes. EXISTING LAND USE V4Cfzri T SITE SIZE ( in Square Feet or Acres ) 13=73 4 EXffiTING STRUCTURES ( in Square Feet) PROPOSED STRUCTURES ( in Square Feet ) //776 f / v.23. y (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 K -PROPERTY IS OR PROPOSED TO BE ON WELL WATER ❑ GENERAL PLAN AMENDMENT ❑ REZONE ❑ USE PERMIT OifM[NOR USE PERMIT ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT APPLICATION REQUESTED ❑ TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LME MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OIIHEIt _ 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.) 7 b v,- de �2- Wt1v e- I it'd? S o lit oh c- 40 -e rc C "i'l u J 1999 OWNER CEK 111 ICA 1 IUN I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF TM ABOVE DESCRIBED PRUI'Elt'I'Y. FURTHER, I ACKNOWLEDGE THE FM24G OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFOILMNI'IUN IS TRUE .WD ACCURATE. (If an agent is to be suahorized, exeeUtz an atfidavil of authorization avid' include the alTidavit with this applicauun.l DATE: 6 9 9 SIGNATURE: O � � 0%, to AGENT AUTHORIZATION To Butte County, Department of Development Services; Print, -4= ofAaeac ud Phase NtmtbW Naffing Addm= is hereby authorized to process this application for on my property, identified as Butte County Assessors Parcel Number . This authorization allows representation for all applications, hearings, appeals, eta =d 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) Prim Name sigsfamre Architect and/or Engineer. Print Name of ArcWucu7z&e r =d Psoee Numba Mailing Address FOR OFFICE USE ONLY Verify. Date received: 6�3 Print Name SigsfaWre Total amount received: �) SD ✓AP Number(s) Legal Description wners Authorization ✓Zoning requirements ✓Project Description 1--" Copies of plot plan Taken by C?55 Receipt NoE.H. LD Plan= FD Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is S as of Make check payable to "Butte County Treasurer". When recorded mail to: Butte County Planning Division 7 County Center Drive Oroville CA 95965 OWNERS AFFIDAVIT SECOND DWELLING UNIT Property Owner Da U i`d owners Address t& Ma 42 l a h e Ct) A<? S' -(e r C A 4-T- 7. 7-? " 90 Property Address Same Cn e w QcC eSS d'Da w res ccwar Alelle Coin' Assessors Parcel # OS -d - 12 D — 0 9 1 Mnor Use Permit # Property Description 1, , owner of the above described property, do declare, that either the primary dwelling or the Second Unit is now and shall be occupied by the owner of the real property. This affidavit, which shall be recorded at my request, shall constitute a covenant running with the land, binding upon me and my heirs, successors and assigns, and limiting the occupancy of one of the dwelling units in accordance with Section 24-280 and as specified above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 199 , at , California. STATE OF CALIFORNIA COUNTY OF BUTTE On Signed before me, , personally appeared o personally known to me - OR - o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herAheir authorized capacity(es), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY PERMANENT SECOND UNIT ANNUAL VERIFICATION OF OWNER(S) RESIDENCY As a condition of approval for a permanent second unit, either the existing single family dwelling or Second Unit shall be owner occupied. This information is requested annually. itwe Qa vr'� Westas owner(s) of the real property located at / ! �' 141a tv /e La. h e identified as Assessors Parcel Number 0 -Fd' P2 a - a 9 do hereby affirm, under penalty of perjury, that Vwe are residents of the (please circle one) Crim5aun' second unit located on this property. Owner Signature s Owner Signature it I' ,j AP ®Sb - )2p -Ogg oP - +OS& - 0 80-. 0 _ 2 0 0 - . 0L2 ; 0 c�) _>GNuZSD G 096�G6�� 2 - - - -- 40�- - — - - 4c) S L-- 13 O-= G) F F • 1 r • f: err • T •i I r • f: err 11 III FFs do EL: 056 120 099 000 STATUS: AC WESTPHAL DAVID R ETAL WESTPHAL SHIRLEY J 118 MAPLE LN COHASSET CA 95973 EL: 056 120 010 000 STATUS: AC MCALPIN WILLIS W REVOCABLE LIVING MCALPIN WILLIS W TRUSTEE 9697 COHASSET RD � CHICO CA 95973 EL: 056 120 046 000 STATUS: AC .� VIERRA CRAIG EVERETT 8299 TIMBER COVE WAY SACRAMENTO CA 95828 EL: 056 120.055 000 STATUS: AC CHANDLER LARRY & BEVERLY P 18224 SAN FERNANDO MSSN BLVD NORTHRIDGE CA 91326 ' EL: 056 120 058 000 STATUS: AC KAVENAUGH SUSAN M 108 WHISPERING PINES CIR CHICO CA 95926 ELI 056 120 059 000 STATUS: AC LEE GARY D & JANICE E WENELL J -1- 196 T 196 WHISPERING PINES CIR . CHICO CA 95926 ` ' EL: 056 120 062 000 STATUS: AC HEITZMAN DAVID R ETAL TC 23 ROCKROSE COURT NAPA CA 94558 EL: 056 120 065 000 STATUS: AC MCWILLIAMS DANIEL L ETAL C/O APHRA MCWILLIAMS 224 WHISPERING PINES LN COHASSET CA 95926 09. EL: 056 120 076 000 STATUS: AC JORALEMON MARK & DOROTHY 101 MAPLE LN COHASSET CA 95973 EL: 056 120 091 000 STATUS: AC PENROD ERIC R & RONALD A 9 WHISPERING PINES CIR CHICO CA 95973 ' EL: 056 120 096 000 STATUS: AC ( � HIGBEE RALPH L SS ' / i 32 MAPLE LN (� COHASSET CA 95926 ' EL: 056 130 020 000 STATUS: AC BOAM BETTY KATHALEEN P O BOX 390650 ANZA CA 92539 EL: 056 140 027 000 STATUS: AC SIEBENEICHER ADOLPH E & JANE A 6145 CLIFF DR PARADISE CA 95969 EL: 056 140 071 000 STATUS: AC HERHUSKY ROBERT C & SUSAN CHIN 111 RESOURCES LN CHICO CA 95926 EL: 056 140 072 000 STATUS: AC ~ ( k BUCK EDWARD B & KATHY (CB DVA) ' | ' 9640 COHASSET RD COHASSET CA 95926 EL: 056 140 079 000 STATUS: AC MARTIN MA8EL L ETAL 412 RIO DEL ORO LANE SACRAMENTO CA 95825 EL: 056 440 002 000 STATUS: AC HAGGETTI ROBERT L & EDITH D 276 RESOURCES LANE COHASSET CA 95973 Butte County Development Services Planning Department 7 County Center Drive Oroville, CA 95965 Property Owner OWNERS DECLARATION SECOND DWELLING UNIT 112t t- f / K., 6V e� -s �� Owner's Address: �'%3 U 00 ZSf e. -i A/e I%S- r0 Property Address: 167 ro k r r Co Gr s s e7 e#- 9J -f'3 Assessor's Parcel Number: 056-120-099 File Number: MUP 99-10 Renewal Date: 8/17/2005 Property Description: /G 7 C'Pa,, I, G14t, owner of the above described property, do declare that either the primary dwelling or the Second Unit is now and shall be occupied by the owner of the real property. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed this '�2- day of Akgw-c T , 2004, at c s e %� ' , California. Signature Projects/mup/muprenewal r J> • Butte CountyDepartrnent ofDevelopment Seip ces 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING August 8, 2005 David and Shirley Westphal 8930 Cohasset Road, PMB 118 Cohasset, CA 95973-9088 RE: Annual Renewal Notice on Minor Use Permit # MUP 99-10 APN: 056-120-099 Dear David and Shirley Westphal: BUTTE COUNTY AUG 15 2005 DEVELOPMENT SERVICES Enclosed please find an Owner's Declaration to be filled out and returned to us on an annual basis for the life of your Minor Use Permit. This form is to be completed and returned to Butte County Department of Development Services, Planning Division, before your renewal date of 8/17/2005. If you have any questions in regards to this request, please call Butte County Department of Development Services, Planning Division, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Thank you for your prompt attention to this matter. Sincerely, �O Sherry L. Viernes Office Specialist III Enc. Butte County Development Services Planning Department 7 County Center Drive Oroville, CA 95965 Property Owner: l-)qy c� OWNERS DECLARATION SECOND DWELLING UNIT Owner's Address: l '� 3 0 Co 6Q S's�/��. ��� �r�� Coo s' "CT C %f Property Address: 100/ Ce-4tr sn W9 -e- C o 6th1` Assessor's Parcel Number: 056-120-099 File Number: MUP 99-10 Renewal Date: 8/17/2004 Property Description: �0 7 CeA, A, �� e_ Co ccr %�� eU Ag s�V of Cl� 997;? I, Cget V1 G(/ , �l/e %. owner of the above described property, do declare that either the primary dwelling o� r the Second Unit is now and shall be occupied by the owner of the real property. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed this 2-- day of 4&f9,1 S %� , 2004, at Bic t/c aliforma. Signature Projects/mup/muprenewaI Butte County Departrnent ofDevelopment Services 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538.7785 Facsimile ADMINISTRATION * BUILDING * PLANNING August 8, 2005 David and Shirley Westphal 8930 Cohasset Road, PMB 118 Cohasset, CA 95973-9088 RE: Annual Renewal Notice on Minor Use Permit # MUP 99-10 APN: 056-120-099 Dear David and Shirley Westphal: BUTTE COUNTY AUG 15-1005 DEVELOPMENg• SERVICES Enclosed please find an Owner's Declaration to be filled out and returned to us on an annual basis for the life of your Minor Use Permit. Inasmuch as your renewal date was August 17, 2004, this form'is to be completed and returned to Butte County Department of Development Services, Planning Division, on or before August 22, 2005. If you have any questions in regards to this request, please call Butte County Department of Development Services, Planning Division, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Thank you for your prompt attention to this matter. Sincerely, ale Sherry L. Viernes Office Specialist -III Enc. f • • n Butte County Department ofDevelopment Services 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538.7785 Facsimile ADMINISTRATION * BUILDING * PLANNING August 8, 2005 David and Shirley Westphal 8930 Cohasset Road, PMB 118 Cohasset, CA 95973-9088 RE: Annual Renewal Notice on Minor Use Permit # MUP 99-10 APN: 056-120-099 Dear David and Shirley Westphal: Enclosed please find an Owner's Declaration to be filled out and returned to us on an annual basis for the life of your Minor Use Permit. This form is to be completed and returned to Butte County Department of Development Services, Planning Division, before your renewal date of 8/17/2005. If you have any questions in regards to this request, please - call Butte County Department of Development Services, Planning Division, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Thank you for your prompt attention to this matter. Sincerely, Sherry L. Viernes ' Office Specialist III Enc. 0 0 Butte County Department ofDevelopment Services 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538.7785 Facsimile ADMINISTRATION * BUILDING * PLANNING August 8, 2005 David and Shirley Westphal 8930 Cohasset Road, PMB 118 Cohasset, CA 95973-9088 RE: Annual Renewal Notice on Minor Use Permit # MUP 99-10 APN: 056-120-099 Dear David and Shirley Westphal: Enclosed please find an Owner's Declaration to be filled out and returned to us on an annual basis for the life of your Minor Use Permit. Inasmuch as your renewal date was August 17, 2004, this form is to be completed and returned to Butte County Department of Development Services, Planning Division, on or before August 22, 2005. If you have any questions in regards to this request, please call Butte County Department of Development Services, Planning Division, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Thank you for your prompt attention to this matter. Sincerely, Sherry L. Viemes Office Specialist III Enc. 0 Butte County Development Services Planning Department 7 County Center Drive Oroville, CA 95965 OWNERS DECLARATION SECOND DWELLING UNIT • BUTTE COUNTY AUG 21 2003 DEVELOPMENT SERVICES Property Owner: P (l ` D` l 4 �l-, (el �� Owner's Address: - g`%30 Co haS1'e //S 4�7,'SSe Property Address: 107 C e& co u. P1--73 %0s8 Assessor's Parcel Number: 056-120-099 File Number: NfUP 99-10 Renewal Date: 8/17/2003 Property Description: 0 7 C'eWqj, Q? CR C (rrl",Par �) I, UGZ t/t wef ar ( owner of the above described property, do declare that either the primary dwelling or the Second Unit is now and shall be occupied by the owner of the real property. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed this -Z6 day of V WS , 2003, at California. Signature Butte County Deparanent ofDevelopment Services YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING August 20, 2003 David and Shirley Westphal 8930 Cohasset Road, PMB 118 Cohasset, CA 95973-9088 RE: Annual Renewal Notice on Minor Use Permit # MUP 99-10 APN:. 056-120-099 Dear Mr. and Mrs. Westphal: Enclosed please find an Owner's Declaration to be filled out and returned to us on an annual basis for the life of your Minor Use Permit. This form is to be completed and returned to Butte County Department of Development Services; Planning Division, before your renewal date of 8/17/2003. If you have any questions in' regards to this request, please call Butte County Department of Development 'Services, Planning Division, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Thank you for your prompt attention to this matter. Sincerely, Roni Thornton Office Assistant II Enc. Butte County Development Services Planning Department 7 County Center Drive- Oroville, CA 95965 al .F e OWNERS DECLARATION SECOND DWELLINGTUNIT Property Owner Dltyil v-. 14)",r re y ve �02 Owner's Address / 0 7. 7 /07 Property Address . Sat M 'e Assessor's Parcel # 056-120-099 Renewal Date: August 17, 2002 Property Description �% 11/101, Ll S -e , ' ej-m it f f c, r S i i, I, dCCl/i'01- SA i `le y Wt,f;*Og eta(, owner of the above described property, do declare, that either the primary dwelling or the Second Unit is now and shall be occupied by the owner of the real property. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this fle 4 Day of 1i14,�rr%L ,2002,at &A&rSr.f Signed I/vc'ff�/i �1 g�3o Cv��crs��t 46--z rNs C�?ti slue . C4 �s 973 yv6 California. -------------------- p ECEPWE AUG 7 2002 I BUTTE COUNTY PLANNING DIVISION July 26, 2002 David R. Westphal 118 Maple Lane Cohasset, CA 95973 RE: Annual Renewal Notice on Minor Use Permit # MUP 99-10 AP# b56-120-099 Dear Mr. Westphal: Please find enclosed a Owner's Declaration to be filled out and returned to us on an annual basis for the life of your Minor Use Permit. If you could fill out this form and return it before your renewal date of August 17, 2002, we would appreciate it. If you have any questions in regards to this request, please call 538-7601 between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday. Thank you for your prompt attention to this matter. Sincerely, Diane Lewellen Office Assistant III Enc. r v L A N D O F N A T U R A L W E A L T H A N D B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 July 26, 2002 David R. Westphal 118 Maple Lane Cohasset, CA 95973 RE: Annual Renewal Notice on Minor Use Permit # MUP 99-10 AP# b56-120-099 Dear Mr. Westphal: Please find enclosed a Owner's Declaration to be filled out and returned to us on an annual basis for the life of your Minor Use Permit. If you could fill out this form and return it before your renewal date of August 17, 2002, we would appreciate it. If you have any questions in regards to this request, please call 538-7601 between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday. Thank you for your prompt attention to this matter. Sincerely, Diane Lewellen Office Assistant III Enc. Butte County Development Services Planning Department 7 County Center Drive Oroville, CA 95965 OWNERS DECLARATION SECOND DWELLING UNIT Property Owner Oo V t'd �V ei -Wu / 4'a.0 1 yr►a �; n71 9 - Owner's Address g%3 O Co A a-sS e t X , fi%/3 l � 9 Co ti t.s5 e 7�yC� Yesidem ce Property Address f07 tf %09 .Cedar A;Xiassc� 07 — lZD —)I/ Assessor's Parcel # 056-120-099 Renewal Date: August 17, 2001 Property Description S C e. a - d oIle- 1, e I, �a V i I�/P.S �o % ate/ , owner of the above described property, do declare, that either the primary dwelling or the Second Unit is now and shall be occupied by the owner of the real property. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this'_ Day of J , 2001, at COhq Ss e t , California. Signed BUTTE COUNTY PLANNING DIVISION - _ uttecounig LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION ;;;�}�y.,p�,� `�.• r;,<.;,._ ,•; ,.., DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 _ TELEPHONE: (530) 538-7601 FAX: (530)538-7785 July 16, 2001 David R. Westphal 118 Maple Lane Cohasset, CA 95973 RE: Annual Renewal Notice on Minor Use Permit # MUP 99-10 AP# 056-120-099 Dear Mr. Westphal: Please find enclosed a Owner's Declaration to be filled out and returned to us on an annual basis for the life of your Minor Use Permit. If you could fill out this form and return it before your renewal date of August 27, 2001, we would appreciate it. If you have any questions in regards to this request, please call 538-7601 between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday. Thank you for your prompt attention to this matter. Sincerely, i--� I a. -JL- Diane Lewellen Office Assistant III Enc. APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: MUP 99-10, Minor Use Permit Assessor's Parcel No.: 056-120-099, ptn. FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 Applicant: David R Westphal, 118 Maple Lane, Cohasset, CA 95973 Project Location -Specific: on the east side of Maple Lane approximately Y2 mile east of Cohasset Road, Cohasset Project Location -City: Cohasset Project Location -County: Butte Description of Nature,. Purpose and Beneficiaries of Project: Minor Use Permit to allow a second dwelling unit Name of Person or Agency Approving Project: Butte County Planning Commission Exempt Status: (Check (One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. 15071 (b) and (c)) X Categorical Exemption. State type and section number: 15303 (a) Reasons why project is exempt: Single-family residences not in conjunction with the building of two or more such units. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Contact Person: David Doody If filed by applicant: Telephone: (530) 538-7601 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: 11?Ax" .&/ v-r�_. Signature, Ran ilson Principal Planner j:\linda\noe.nod\noe#3 &ECLARATION OF FEES DUE (California Fish and Game Code Section 710) NAME AND ADDRESS OF APPLICANT David R. Westphal 118 Maple Lane Cohasset, CA 95973 (530)343-4951 MUP 99-10 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee () B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3 OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #17830 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner Lead Agency: Brute County Department of Development Services Date: August 27, 1999 • LriV y .. Mx 1V EDaEe-09/27/99 • Development Services Depotment Time 2:43 pm Applicant Billing Worksheet MUP 99-10 * David R. Westphal 118 Maple Lane Cohasset, CA 95973 In reference to MUP 99-10 Rounding None Full Precision No Last bill / / Last aging Last charge 09/03/99 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT 06/14/99 Teri B. / C 1.00 34.00 #23844 Clerical 34:00 06/14/99 Steve L. / LR 0.25 14.75 #23870 LAFCo Review 59.00 06/28/99 David D. / P 0.25 14.75 #24079 Processing 59.00 07/12/99 David D. / P 13.00 767.00 #24443 Processing 59.00 07/12/99 Larry P. / P 1.50 88.50 #24532 Processing 59.00 07/12/99 Lynn R. / C 1.00 45.00 #24586 Clerical 45.00 07/26/99 Lynn R. / C 0.25 11.25 #24797 Clerical 45.00 08/09/99 Lynn R. / C 0.75 33.75 #25086 Clerical 45.00 08/23/99 Paula A. / C 0.75 25.50 #25278 Clerical 34.00 TOTAL BILLABLE TIME CHARGES 18.75 TOTAL BILLABLE COSTS Page 1 TOTAL $1,034.50 $0.00 Dat6*09/27/99 Development Services Depalnent Time 2:43 pm Applicant Billing Worksheet MUP 99-10 * :David R. Westphal (continued) TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 06/03/99 Deposit - Receipt 417588 09/27/99 Departmental Write Off TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE (350.00) (684.50) Page 2 $1,034.50 ($1,034.50) TOTAL NEW BALANCE $0.00 TO: APPENDIX A NOTICE OF EXEMPTION Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 CA Project Title: MUP 99-10, Minor Use Permit By Assessor's Parcel No.: 056-120-099, ptn. Applicant: David R. Westphal, 118 Maple Lane, Cohasset, CA 95973 , Is, 17t) SEP 071999 Butte Co. Clerk Deputy Project Location -Specific: on the east side of Maple Lane approximately '/2 mile east of Cohasset Road, Cohasset Project Location -City: Cohasset Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Minor Use Permit to allow a second dwelling unit Name of Person or Agency Approving Project: Butte County Planning Commission Exempt Status: (Check (One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. 15071 (b) and (c)) X Categorical Exemption. State type and section number: 15303 (a) Reasons why project is exempt: Single-family residences not in conjunction with the building of two or more such units. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. Contact Person: David Doody If filed by applicant: Telephone: (530) 538-7601 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: gigriature, Ran ilson Principal Planner j:\1inda\noe.nod\noe#3 ( GDECLARATION OF FEES DUE ) Cali ornia Fish and Game Code Section 7 1.4 NAME AND ADDRESS OF APPLICANT David R. Westphal 118 Maple Lane Cohasset, CA 95973 (530)343-4951 MUP 99-10 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee () B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. () OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #17830 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: August 27, 1999 When recorded mail to: Butte County Planning Division 7 County Center Drive Oroville CA 95965 OWNERS AFFIDAVIT SECOND DWELLING UNIT 91 GD 10 3-7 101 7 0 Recorded I REC FEE 13.00 Official Records I Countyy Of I BUTTE I CANDACE J. GRUBBS I Recorder I ROSEMARY DICKSON I Assistant I Nikki 10:54AM 27 -Aug -1999 I Page 1 of 3 Q r� Property Owner Da U / Gr /, - V �S ex� � Owner's Address 073 0 C o � Q-5- s e 1, a(. F/'l /2' //S' Co Q ss e 73 Property Address / ° 7 C'e4 r n r`d �� Cdu rT co, 4& -cs e C,1- %�9 73 Assessor's Parcel # 5'� ~ /•2 a - 7 ? farce / i" N4nor Use Permit # M o p 77-10 Property Description AOaeAid as E* `•" I. f%q Vr'cQ X. (n/es l o- , owner of the above described property, do declare, that either the primary dwelling or the Secorld Unit is now and shall be occupied by the owner of the real property. This affidavit, which shall be recorded at my request, shall constitute a covenant running with the land, binding upon me and my heirs, successors and assigns, and limping the occupancy of one of the dwelling units in accordance with Section 24280 and as specified above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this Z 3 day of �k9 ks 1L 199 9. , at , California. Signed STATE OF CALIFORNIA COUNTY OF BUTTE J< l li✓ On � 3 before me, ��l ,personally appeared Io personally known to me - OR - o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(Ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Ind official seal. SIGNAATU,Fit E OF NOTARY -•••kAJ. WHITSETT COMM. 0 1229842 NOTARY PUBLIC-CAUFORNIA y Q COUNTY OF BUTTE Comm. Expires 49p. 20,2003 ORDER NO. 2-59458JCW LEGAL DESCRIPTION EXHIBIT wtNE` /I ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF THE COUNTY OF. BUTTE, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A• PARCEL 4, AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON APRIL 2, 1999, IN BOOK 147 OF MAPS, AT PAGE(S) 12, 13 AND 14. RESERVING THEREFROM AND TOGETHER WITH RIGHTS OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES 60 FEET WIDE, AS SHOWN ON SAID MAP. PORTION OF AP# 056-120-099 PARCEL B• A RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES, 60 FEET IN WIDTH, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22 T 24N R 2 E, M.D.B.&M.; THENCE NORTH 340.00 FEET ALONG THE EAST LINE OF SAID SECTION 22; THENCE NORTH 820 44' WEST, 589.30 FEET TO A POINT IN THE CENTERLINE OF COHASSET ROAD; THENCE SOUTH 170 51' WEST, 130.52 FEET ALONG THE CENTERLINE OF SAID COHASSET ROAD TO THE TRUE POINT OF BEGINNING, FOR THE EASEMENT HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, ALONG THE CENTERLINE OF SAID 60.00 FOOT WIDE EASEMENT, THE FOLLOWING COURSES AND DISTANCES; SOUTH 820 44' EAST, 377.82 FEET AND. SOUTH 610 05' 23" EAST, 354.57 FEET TO A POINT WHICH LIES EAST, 30.00 FEET FROM THE EAST LINE OF SAID SECTION 22; THENCE SOUTH 75.00 FEET, PARALLEL WITH THE EAST LINE OF SAID SECTION 22 TO A POINT ON THE SOUTH LINE OF SAID SECTION 23, AND THE END OF THE EASEMENT HEREIN DESCRIBED. PARCEL C• A NON-EXCLUSIVE EASEMENT FOR ROAD PURPOSES, 60.00 FEET IN WIDTH, LYING EASTERLY OF AND ADJACENT TO THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL ONE, SAID POINT BEING ON THE NORTH AND SOUTH CENTERLINE OF SAID SECTION 23, AND RUNNING THENCE SOUTH ALONG SAID CENTERLINE AND ALONG THE NORTH AND SOUTH CENTERLINE OF SECTION 26, IN TOWNSHIP 24 NORTH, RANGE 2 EAST, M.D.B.&M., TO A POINT LOCATED 1079.00 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 26, AND THE END OF SAID LINE. CONTINUED Page 8 ORDER NO. 2-59458JCW PARCEL D• A PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 24 NORTH, RANGE 2 EAST,.M.D.B.&M. A NON-EXCLUSIVE EASEMENT FOR ROAD PURPOSES, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH AND SOUTH CENTERLINE OF SAID SECTION 26, WITH THE NORTH LINE OF VILAS ROAD AND RUNNING THENCE NORTH ALONG SAID CENTERLINE, A DISTANCE OF 761.00 FEET TO THE NORTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN THE QUITCLAIM DEED FROM DONALD SORENSON AND AUDREY SORENSON.TO E. A. WILLINGHAM AND BERNICE L. WILLINGHAM, RECORDED JANUARY 20, 1964 IN BOOK 1292 OF OFFICIAL RECORDS, AT PAGE 14, RECORDS OF BUTTE COUNTY, CALIFORNIA, AND THE TRUE POINT OF BEGINNING FOR THE PARCEL HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, CONTINUING NORTH ALONG SAID CENTERLINE, A DISTANCE OF 60.00 FEET; THENCE NORTH 880 23' 20" WEST AND PARALLEL WITH THE NORTH LINE OF THE WILLINGHAM PARCEL, 336.00 FEET; THENCE SOUTH 010 15' 50" EAST, PARALLEL TO THE WEST LINE OF SAID WILLINGHAM PARCEL, 802.00 FEET, MORE OR LESS, TO A POINT IN THE NORTH LINE OF THE COUNTY ROAD KNOWN AS VILAS ROAD; THENCE ALONG SAID NORTH LINE, 60.00 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID WILLINGHAM PARCEL; THENCE NORTH 010 15' 50" WEST ALONG THE WEST LINE OF SAID WILLINGHAM PARCEL, 742.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH '880. 23' 20" EAST ALONG THE NORTH LINE OF SAID WILLINGHAM PARCEL TO THE POINT .OF BEGINNING. PARCEL E• A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY EASEMENT OVER THE SOUTH 60 FEET OF THE WEST 330 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 24 NORTH, RANGE 2 EAST, M.D.B.&M. END OF LEGAL Page .9 f 1180 LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION 's,, _•�";" ` DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 August 27, 1999 David R. Westphal 118 Maple Lane _ Cohasset, CA 95973 Re: Minor Use Permit, AP 056-120-099, ptn. Dear Mr. Westphal: Enclosed is your validated Minor Use Permit No. MUP 99-10 to allow Minor Use Permit to allow a second dwelling unit. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Thomas A. Parilo Director of Development Services " "rPaula Atterberry Office Assistant III Enc. cc: Land Development Division Building Division Environmental Health Department of Forestry MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION AUG 2 7 1999 DATE: (Certified Mail Receipt) PERMIT NO. ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: David R. Westphal is hereby granted a Minor Use Permit in accordance with the application filed , to allow Minor Use Permit to allow a second dwelling unit on the east side of Maple Lane approximately % mile east of Cohasset Road, being Parcel 4 of Tentative Parcel Map 98- 05, portion of APN: 056-120-099. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 12 months of the delivery of the countersigned permit to the Permittee. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 5. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant and only as to those conditions or requirements recommended by their respective departments. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Conditions of Approval: 1. The second dwelling unit shall not exceed 1,200 square feet. 2. Provide two additional off-street parking spaces. 3. An attached or detached garage or carport with a maximum exterior dimension of 20 feet by 24 feet is permitted. Said garage may be constructed with the second dwelling or in the future without an amendment to the terms of this permit. 4. Either the existing single family dwelling or the Second Unit shall be owner occupied. Certification of ownership shall be required prior to permit issuance and annually thereafter by submittal of a declaration in a form specified by the Director of Development Services or designee. 5. No permits for any additional dwelling may be approved unless a Use Permit is granted by the Planning Commission. 6. Construction, installation or development of structures or facilities on the parcel shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 7. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 8. The project shall comply with the requirements of the Development Policies for the Cohasset Area (Appendix E of the Zoning Ordinance), including, but not limited to, driveway length and width ratios, structure identification, water source and flow rate, 60 foot separation between structures, and fire resistant roofing materials. 9. Prior to the issuance of a building permit for a second dwelling, provide a source of domestic water satisfactory to the Butte County Environmental Health Division. and meet the requirements for sewage disposal systems. 10. Applicant must also comply with all other applicable federal, state and local statutes, ordinances, and regulations. cc: Land Development Division Building Division Environmental Health Division County Planning Commission Chairman AW / 2.'Y.,ZO' NEW .6t, 39' MANtsicACT U(Wh NOME NEW Ay X ZZ: 4P-ric. I IINEW if2'8"x Jv MAtJu1tAc_r&40A'b L E W -,A LINES Division Planning i'AAA R, P R 0 V F 0 calitornia 6661 oroville, Bevelooment Plan DATE.. USE PERMIT VARIANCE MINOR I I.P. A1jM.PERMIT PLANNING COMMIS. CoAA s 96973 DIRECTOR OF AtX 50' AP* DEVELOPMENT SERVICES ooF 63-7q (678.02 It • Lm 1 i 1 u I I II ' I I I I '• ' 1 i I I C it j I , i! • ''' NLo •`tt '1 W I, (678.02 It • Lm 1 i 1 u i i MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: David R. Westphal, MUP 99-10 DATE: August 27, 1999 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 056-120- 099, ptn., was: - Rezone from to zoning district. Granted a variance to X- Issued a conditional Minor Use Permit to allow a second dwelling unit, on the east side of Maple Lane approximately '/z mile east of Cohasset Road, Cohasset,TM-5 (Timber Mountain - 5 acres) j Atemp\assessor August 17, 1999 David R. Westphal 118 Maple Lane Cohasset, CA 95973 REVISED LETTER L A N D O F NATURAL WEALTH AND B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 www.buttecounty.net Re: Minor Use Permit, AP 056-120-099, ptn., MUP 99-10 Dear Mr. Westphal: At the regular meeting of the Butte County Planning Commission held August 11, 1999, your request for a Minor Use Permit, was approved subject to the conditions listed on the permit. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to 5:00 p.m., Monday, August 23, 1999. The appeal fee of $50.00 must be paid at that time. If you do not appeal and if there are no other appeal within the 10 calendar -day appeal period, the action of the Planning Commission is final. For purposes of the California Environmental Quality Act, a Notice of Exemption must be filed. The fee for the filing of a Notice of Exemption is the $25.00 documentary handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning Division in order to complete the process. You will receive your valid permit, if there are no appeals, after it has been signed by the Planning Commission Chairman and we have received your recorded Certification of Ownership. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact David Doody at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, L Richardson Planning/Administrative Support Service Assistant /lr kAfon ns\appnnup. frtn (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In the Matter of Notice of Public Hearing. .................................................................................... AFFIDAVIT OF PUBLICATION State of California County of Butte ss. The undersigned resident of the county of Butte, State of California, says: That I am, and at all time herein mentioned was a citizen of the United States and not a party to nor interested in the above entitled matter; that I am the principal clerk of the printer and,. publisher of The Chico Enterprise -Record Oroville Mercury Register. That said newspaper is one of general circula- tion as defined by Section 6000 Government Code of the State of California, Case No. 26796 by the Superior Court of the State of California, in and for the County of Butte; that said newspa- per at all times herein mentioned was printed and published daily in the City of Chico and County of Butte; that the notice of which the annexed is a true printed copy, was published in said newspaper on the following days: July 22, 1999. I certify (or declare), under penalty of perjury, that the foregoing is true and correct, at Chico, California. July 22, 1999. Dated........................................................................, at Chico, California. ............................. No................................................................. -:A PUI phal,. pgrrh on'pi ber,K The'i Maple mile. Coha pin. (I Th catior for ppr of thi merit: Planri Cente Mg. F listed above or, as ma Unued to a later date. tion 'taken . by ;the _ Commission on, the - appeal may fll Clerk 'of the,Board,ol sors:'The appeal pei days.". -,If 'yyou,,-•chall( above applicatiohs in may be limited fo„ral those, issues.,you,or. else raised at tha pubi described In this not written corresponden ered to the Planning sion, at or prior to, a flea, Ingg . BUTTEr COUNTY PI COMMISSION' ' T.HOM..AS A. PARILO TOR-DEVELOPMEM Publlsh-. li/i 1s9g ; ti July 30, 1999 David R. Westphal 118 Maple Lane Cohasset, CA 95973 S�tte countu L A N D O F NAT U RA L W EA LT H A N D BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buftecounty.net Re: Minor Use Permit, AP 056-120-099, ptn., MUP 99-10 Dear Mr. Westphal: Enclosed is a copy of the Agenda Report concerning your application for a Minor Use Permit to allow a second dwelling unit on the east side of Maple Lane approximately %2 mile east of Cohasset Road, Cohasset. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for August 11, 1999, at 9:30 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact David Doody of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enc. j:\wpdocs\pcI ts\sc h ed ul e. mrg BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - AUGUST 11, 1999 Applicant: David R. Westphal File #: MUP 99-10 Request: Minor Use Permit to allow a second dwelling unit G.P.: Agricultural Residential Zoning: TM -5 (Timber Mountain, 5 acre minimum parcel size) APN: 056-120-099, portion Location: On the east side of Maple Lane approximately %2 mile east of Cohasset Road, Cohasset Parcel Size: 13.73 acres Zone date: 08/20/74 Supervisor District: 3 Project Planner: Dave Doody Attachments: A: D: E: Conditions of Approval Vicinity Map General Plan/Zoning Map Site Plan Appendix "E" Cohasset Special Area Plan Development Policies STAFF COMMENT: The proposed project meets the current criteria for second dwelling units of the Zoning Code. Staff recommends approval of this project. PROJECT DESCRIPTION/SITE CHARACTERISTICS: The applicant proposes to construct two new dwellings on a 13.73 acre parcel. The applicant proposes to construct a 1,770 sq. ft. primary dwelling and a 1,023 sq. ft. second dwelling. The ` project site is undeveloped, except for a domestic well, a septic system, driveway and a graded building pad. The property is located within the Cohasset area at approximately 2,700' feet elevation. This is a transitional vegetation zone with pines, conifers, manzanita, black oak and an under story of brush species with grasses and forbs..Topography is characterized by slopes of 5% to 40% with exposed areas of mudstone conglomerate , lava cap and decomposed granite. Soils are adequate in some areas for a septic system, while in other areas they are poor, excessively drained and easily erodible. There is a seasonal creek on the project site. The project site is within an area of high to extremely high fire hazard. Access to the project is via Cohasset Highway and Maple Lane to a new private road called Cedar Ridge Court. This project is within the Cohasset Special Area Plan and is subject to the development policies of Appendix "E" of the Butte County Zoning Code. 0 Butte County Department of Development Services 0 Agenda Report 0 Page 1 0 CEQA ISSUES: • This application for a Minor Use Permit to allow a permanent second dwelling unit is Categorically Exempt from environmental review under Section 15303, Class 3, "New Construction or Conversion of Small Structures". ANALYSIS: The Butte County Board of Supervisors amended the Zoning Code's criteria for second dwelling units on July 13, 1999. Second dwelling unit applications submitted to the Planning Division prior to the Board's adoption of the new ordinance will be processed under the existing Zoning Code. This -Minor Use Permit was processed pursuant to the current (old) Zoning Code requirements for a second dwelling unit. This project is located on Parcel 4 of Tentative Parcel Map 98-05. This land division was approved by the Development Review Committee on January 22, 1998, with a Mitigated Negative Declaration. TPM 99-05 was recorded on April 2, 1999. The Assessors' Office has not yet assigned an assessors parcel number for Parcel 4. The subject property is zoned TM -5 (Timber Mountain, 5 acre minimum parcel size). The Zoning Code permits one dwelling per parcel in this zoning district. The present code allows a second dwelling unit in the TM -5 zone upon approval of a Minor Use Permit. The project site is designated Agricultural Residential by the Butte County General Plan. The General Plan states that the Primary Uses of this land use designation are agriculture and single-family dwellings at rural densities. Butte County Code Section 24-41 et. seq. addresses the required findings for approval of a Minor Use Permit. The following analysis discusses this project's consistency with Section 24-4let. seq. The next section identifies the applicable requirements of Appendix ` E"of the Cohasset Special Area Plan: That the proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because project conditions of approval have been applied to this project pursuant to the applicable requirements of Appendix "E"of the Cohasset Special Area Plan and Section 24-280 (B) "Standards and Conditions for Second Dwelling Units" of the Butte County Zoning Code. The project is in accordance with the purpose of the zone in which it lies and the Butte County General Plan because the project site is designated- Agricultural Residential and zoned TM -5. The purpose of the Agricultural Residential land use designation is to provide land for agriculture and single-family dwellings at rural densities. The TM -5 zone allows one single family dwelling per parcel and a second unit upon approval of a Minor Use Permit. 0 Butte County Department of Development Services 0 Agenda Report 0 Page 2 0 2. That the location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: a. Harmony in scale, bulk, coverage, and density: The project is in harmony with scale, bulk, coverage, and density because the additional dwellings will not cause over coverage of the parcel or exceed the density of the Butte County General Plan, which is Agricultural Residential. The project site is 13.73 acres in size and is twice the acreage as specified by the site development standards of the TM -5 Zone. Also, the second unit is 1, 023 sq. ft. in size. This size can be characterized as not being overly bulky and its scale should be compatible with other rural residences in the vicinity. b. The availability of public facilities, services and utilities: The additional dwelling will only create a minor need for new public facilities, services and utilities because telephone and electrical services already extend to the project parcel. The Environmental Health Department indicates that the septic system and well for the primary and the second unit are adequate in size and capacity to service these dwellings. The Butte County Fire Department is requiring compliance with Public Resources Code Section 4290 and 4291 for fire protection as conditions of approval. The additional dwellings should not significantly affect fire protection services upon compliance with these fire safe requirements. C. The harmful effect, if any, upon desirable neighborhood character: The additional dwelling utilizes a traditional architectural style that is of a character consistent with a rural residential neighborhood and should be compatible with surrounding dwellings. d. The generation of traffic and the capacity and physical character of surrounding streets: The additional dwelling will only create a minor amount of traffic and will not over burden the carrying capacity of Cohasset Road, Maple Lane and Cedar Ridge Court. The second dwelling unit will add approximately 6-8 additional vehicle trips per day to Maple Lane and Cedar Ridge Court. These roads have been designed for this amount of traffic. This will not change the character of the traffic in the area. The Butte County Department of Public Works has evaluated the second dwelling and has not required any project improvements. The suitability of the site for the type and intensity of use or development which is proposed: The project site is 13.74 acres in size and is adequate in area for an additional dwelling and for the intensity of the proposed use, which is rural residential. f. Any other relevant impact of the proposed use: 0 Butte County Department of Development Services 0 Agenda Report ■ Page 3 0 0 The Planning Division has circulated the proposed second dwelling application to County Agencies and has received no evidence that the use will cause any other relevant impact. That the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. There is no substantial evidence that the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. That the proposed use will comply with each of the applicable provisions of the Chapter, except for an approved Minor Variance. The proposed project is required to comply with standards of Appendix "E." This project is located on Parcel 4 of Tentative Parcel Map 98-05 which was approved with a Mitigated Negative Declaration. The Mitigated Negative Declaration addresses most of the requirements of Appendix "E." Mitigation Measures 1, 2 and 3 of Tentative Parcel Map 98-05 required 30% slopes be avoided as "No Development Zones", all development shall be subject to the erosion control policies and standards of the Cohasset Special Plan and that a Best Management Plan be prepared to address erosion during site preparation, road construction and home construction. Staff has verified that the Final Map for Tentative Parcel Map 98-05 depicts "No Development Zones" and that the proposed second dwelling is not within this area. Also, the applicant has prepared a Best Management Plan which has been filed and accepted by the Public Works Department. Staff conducted a site visit on July 13, 1999, and verified the applicant has applied mulch to exposed cut banks where erodible soils exist around the building pad. Appendix "E" contains numerous fire safety requirements, many of which are the same as PRC 4290 and 4291. Compliance with PRC 4290 and 4291 is required as a project condition of approval. Fire safety requirements which are specified by Appendix "E", but which are not covered by PRC 4290 and 4291 are reviewed by the Butte County Fire Department when a building permit is submitted. The Butte County Fire Department requires compliance with these extra requirements prior to the issuance of a Certificate of Occupancy. Staff believes the applicant will be able to meet these extra fire safety requirements as they already have been in contact with fire personnel regarding Appendix "E." This was verified by staff's site visit on July 13, 1999. The applicant has already installed a 2,500 gallon water tank for fire emergencies and the tank is accessible by emergency fire vehicles. Fuel modification and brush clearing has been completed around the building pad. The applicant 0 Butte County Department of Development Services 0 Agenda Report 0 Page 4 0 indicates they have been constructing other improvements, such as under ground electrical conduit to an auxiliary pump near the proposed residence for interior fire suppression sprinklers. This request does not involve a minor variance and is consistent with the intent and requirements of Section 24-280 of the Butte County Code. Upon review of this second unit application, staff has determined that the proposed second unit will not significantly impair the integrity of the zone in which the land lies. This project has the acreage to allow the proposed second dwelling The proposed location of the second dwelling will be outside of the required setbacks of 30' for fire safety. Additionally, there is adequate space for two off-street parking spaces for the second dwelling unit. Staff recommends that the Planning Commission take the following actions: I. Find that this application for a Minor Use Permit to allow a permanent dwelling unit is Categorically Exempt from environmental review. II. Approve Minor Use Permit MUP 99-10 for David Westphal located on Parcel 4 of Tentative Parcel Map 98-05, portion of APN: 056-120-099 subject to the conditions found in Exhibit A with the following findings: A. That the proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because project conditions of approval have been applied to this project pursuant to the applicable requirements of Appendix "E"of the Cohasset Special Area Plan and Section 24-280 (B) "Standards and Conditions for Second Dwelling Units" of the Butte County Zoning Code. The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the the project site is designated Agricultural Residential and zoned TM -5. The purpose of the Agricultural Residential land use designation is to provide land for agriculture and single-family dwellings at rural densities. The TM -5 zone allows one single family dwelling per parcel and a second unit upon approval of a Minor Use Permit. B. That the location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: Harmony in scale, bulk, coverage, and density: The project is in harmony with scale, bulk, coverage, and density because the additional dwellings will not cause over coverage of the parcel or exceed the density of the Butte County General Plan, which is Agricultural Residential. The project site. is 13.73 acres in size and is twice the acreage as specified by the site development standards of the TM -5 Zone. Also, the second unit is 0 Butte County Department of Development Services ■ Agenda Report 0 Page 5 0 1, 023 sq. ft. in size.. This size can be characterized as not being overly bulky and its scale should be compatible with other rural residences in the vicinity. 2. The availability of public facilities, services and utilities: The additional dwelling will only create a minor need for new public facilities, services and utilities because telephone and electrical services already extend to the project parcel. The Environmental Health Department indicates that the septic system and well for the primary and the second unit are adequate in size and capacity to service these dwellings. The Butte County Fire Department -is requiring compliance with Public Resources Code Section 4290 and 4291 for fire protection as conditions of approval. The additional dwellings should not significantly affect fire protection services upon compliance with these fire safe requirements. 3. The harmful effect, if any, upon desirable neighborhood character: The additional dwelling utilizes a traditional architectural style that is of a character consistent with a rural residential neighborhood and should be compatible with surrounding dwellings. 4. The generation of traffic and the capacity and physical character of surrounding streets: The additional dwelling will only create a minor amount of traffic and will not over burden the carrying capacity of Cohasset Road, Maple Lane and Cedar Ridge Court. The second dwelling unit will add approximately 6-8 additional vehicle trips per day to Maple Lane and Cedar Ridge Court. These roads have been designed for this amount of traffic. This will not change the character of the traffic in the area. The Butte County Department of Public Works has evaluated the second dwelling and has not required any project improvements. 5. The suitability of the site for the type and intensity of use or development which is proposed: The project site is 13.74 acres in size and is adequate in area for an additional dwelling and for the intensity of the proposed use, which is rural residential. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed second dwelling application to County Agencies and has received no evidence that the use will cause any other relevant impact. ■ Butte County Department of Development Services 0 Agenda Report 0 Page 6 ■ C. There is no substantial evidence that the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. 4. That the proposed use will comply with each of the applicable provisions of the Chapter 26, Section 280, of the Butte County Code. K:\PROJECTS\UPM\WESTPHAL.MUP\WESTRPT.WPD 9 Butte County Department of Development Services 0 Agenda Report 0 Page 7 ■ EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Receipt) ►d 1' 1 PERMIT NO. 056-120-099,11w. ASSESSOR'S PARCEL NUMBER Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: David R. Westphal is hereby granted a Minor Use Permit in accordance with the application filed , to allow Minor Use Permit to allow a second dwelling unit on the east side of Maple Lane approximately %2 mile east of Cohasset Road, being Parcel 4 of Tentative Parcel Map 98-05, portion of APN: 056-120-099. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed by the Permittee within 12 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the Permittee, the.permit shall become null and void and reapplication and a new permit shall be required to establish the use. 4. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 5. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant and only as to those conditions or requirements recommended by their respective departments. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or .significant in nature shall require a formal application for amendment. Conditions of Approval: 0 Butte County Department of Development Services 0 Agenda Report 0 Page 8 ■ 11 The second dwelling unit shall not exceed 1,200 square feet. 2. Provide two additional off-street parking spaces. 3. An attached or detached garage or carport with a maximum exterior dimension of 20 feet by 24 feet is permitted. Said garage may be constructed with the second dwelling or in the future without an amendment to the terms of this permit. 4. Either the existing single family dwelling or the Second Unit shall be owner occupied. Certification of ownership shall be required prior to permit issuance and annually thereafter by submittal of a declaration in a form specified by the Director of Development Services or designee. No permits for any additional dwelling may be approved unless a Use Permit is granted by the Planning Commission. 6. Construction, installation or development of structures or facilities on the parcel shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 7. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 8. The project shall comply with the requirements of the Development Policies for the Cohasset Area (Appendix E of the Zoning Ordinance), including, but not limited to, driveway length and width ratios, structure identification, water source and flow rate, 60 foot separation between structures, and fire resistant roofing materials. 9. Prior to the issuance of a building permit for a second dwelling, provide a source of domestic water satisfactory to the Butte County Environmental Health Division. and meet the requirements for sewage disposal systems. 10. Applicant must also comply with all other applicable federal, state and local statutes, ordinances, and regulations. NOTE:,e of e • ru •• not waive theq. u e of obtaining BuildJ II •e .e�Mvee e e •e • •u e • ,r e• •e •�. •e e• •• anv-other reouirew.entof • .e• local layi. Butte County Planning Commission Chairman cc: Land Development Division 0 Butte County Department of Development Services 0 Agenda Report ■ Page 9 ■ Building Division Environmental Health Division ■ Butte County Department of Development Services ■ Agenda Report 0 Page 10 0 01-66 :aM 660-OZi-%O :uH iaaJNd iossassV £ # IDUIS6Q '$ 'bs OOZ` i ump raSml ou SuMamp puooas;uoummad s mons o; IF=d asn jou W ::Panbag isuoswadns N ( awe S `aprlunoYli i .I.) S-YU :auoz Sugsua3 'ui s 0£ 6 @6661 '11 isn3nd :049(1Sai.�gag 2U"S :lauesp Tid4saM p!AlgQ :;=agddd AIOISSEK3vOj !)NaNllsrv" Id AJI. OJ 3J..ma s•or ► sc'0 4'0 szo Si'o s XD Mu r ♦ , 0 i, tl ! t ♦ r. tt � L£'6WWII r # �.. .1 .•. Ono 's. WWI _ _ g on OB�V•� _ r e P wwl d a � '♦\ t , r ��of ♦\ .. � v �N91� .� � e Pg :4 +sG '� F Q F 4 t; .. `♦ v � v � q >S� Q,B♦ Sew a-�v•r..Yv'Y.��Yaa„p�w�. "!R o- ONS i cud a.q x 5_w a s a o a w t t ..G. 9M s ;s , 5� TM -20 I TM -5 N TM -5 --------------------- 25 T — 419ac 5.53ac ------------- 5.21ac Sac 5.91ac 5.01ac N1eraOU�° i;" --------- Ceda Ridge Ct --- 7.75ac -----__ _ 60.55ac TPZ-160 Site 1 2 4.89ac 16.85aTM-20 17.03ac 9.81 ac 9.37a Proiect Location TM -2 ; m ��TM-5 a P- ----- TM- U _ 0S," Q a; CL OW 0; --� :_. Say 0.25 0 0.25 0.5 0.75 1 Lilies BUTTE COUNTY PLANNING COMIVIISSION N Applicant: David Westphal Owner: Same Hearing Date: August 11, 1999 @ 9:30 am. Existing Zone: TM -5 (Timber Mountain, 5 acre minimum) Supervisorial Request: Minor Use Permit to allow a permanent second dwelling no larger than 1,200 sq. ft. District # 3 Assessor Parcel No: 056-120-099 File: 99-10 1 , TM -S °� .. -5 TM Project Site f ---- -------- ---- - --- -- ��� ' 1.25a T - _ 4.19ac 5,53ac 4.89ac. 5.21ab Sac a 11 { 5.918r- 5.01ac 6 4U Ceda Rid a Ct f-__ __ -_--__- _ 7.7 sac 9.81ac 9.37a 60.55ac - Project Location �b "TM-2"t U (q �`ro TM is y� {y J l q {!J fl J T X ; fl J! - 1 .3; Q g; ; 0.25 0 0.25 0.5 0.75 1 Was BUTTE COUNTY PLANNING COMNUSSION Applicant: David Westphal Owner: Same Hearing Date: August 11, 1999 @ 9:30 am. Existing Zone: TM -5 (Timber Mountain, 5 acre minimum) N Supervisorial Request: Minor Use Permit to allow a permanent second dwelling no larger than 1,200 sq. ft. District # 3 Assessor Parcel No: 056-120-099 File: 99-10 k Vicinity Map of Q Mendocino Way Maple Lane T-J Project Location V HAMA COUNTY JTTE'6OUNTY,,-"` mup 99-10 APN 056-120-099 %VESTPH kL BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PHONE, COUNTER AND MEETING CONVERSATION AND DOCUMENTATION REPORT • NAME OF CONTACT DATE. 7 ha) TIME SUBJECT DISCUSSION: ACTION TAKEN: REPORT TAKEN BY: WHERE REPORT TO BE KEPT: C:\OF W IN40\TAP\PHN.RPT Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Wednesday, August 11, 1999, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: 9:30 a.m. - David R. Westphal, Minor Use Permit for a permanent second dwelling unit on property zoned TM -5 (Timber Mountain - 5 acre parcels). The property. is located at 118 Maple Lane, approximately % mile east of Cohasset Road, Cohasset. APN 056-120-099 ptn. (DD) (MUP 99-10) The above mentioned application is on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California: For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action'taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Thursday, July 22, 1999.. 0 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application: David R. Westphal, MUP 99-10 DATE: June 21, 1999 CONTACT PERSON: David Doody The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit to allow a second dwelling unit on property zoned TM -5 (Timber Mountain - 55 acres) located on the east side of Maple Lane approximately '/z mile east of Cohasset Road, Cohasset, identified as APN 056-120-099-pW . Supervisorial District No. 3. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON August l , 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 5, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. 062 off COMMENTS (Attach additional pages if necessary): gul�C Co. MorGa;�o Co.,•1.o l 2. Chico 0,-4. e d s_ D. t Csq /64 4,,716/) Condi7,ni S . ON By: Sic. �« L-A) -A) Date: L t2.4 t/99 7 County Center Drive - Oroville, California 95965 -530-538-7601 - FAX 530-538-7785 `f Planning Division BUTTE COUNTY JUN 2 3 1999 DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION ®roville, CaOii'omia TO: California Department of Forestry FROM: Butte County Planning Division RE: Request for Comments on a Development Application: David R. Westphal, MUP 99-10 DATE: June 21, 1999 CONTACT PERSON: David Doody The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit to allow a second dwelling unit on property zoned TM -5 (Timber Mountain - 55 acres) located on the east side of Maple Lane approximately V2 mile east of Cohasset Road, Cohasset, identified as APN 056-120-099, ptn.. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON August 12, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 5, 1999. If no comments or communications are received by'the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMIT APPLICANT: David R. Westphal DATE: June 7,1999 AGENT: APN: 056-120-099, ptn. FILE #: MUP 99-10 PLANNER: PROJECT DESCRIPTION: Minor Use Permit to allow a second dwelling unit PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE . WITH THE FOLLOWING CHECKED CONDITIONS H. FIRE PROTECTION 1. Construction, installation or development of structures or facilities on the .parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. —3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. —4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion _ water tend fund, is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow gpm. Submit plans to the Fire. Department for review and approval prior to construction of facilities. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ 7. Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. Provide an all weather access of at least 10 foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. Environmental Health BUTTE COUNTY DEPARTMENT OF DEVELOPMENT. SERVICES JUN - 8 im PLANNING DIVISION TO: Environmental Health Chico, California FROM: Butte County Planning Division RE: Request for Comments on a Development Application: David R. Westphal, MUP 99-10 DATE: June 7, 1999 CONTACT PERSON: 16b The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit to allow a second dwelling snit on property zoned TM -5 (Timber Mountain - 5 acres) located on on the east side of Maple Lane approximately Z mileeast of Cohasc t Road, C ohasset, identified as APN 056-120-099, � tnL.. Supervisorial District No. 3. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON August 12, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN "June 21, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): G r 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 cvn o ca V N C LJ BUTTE COUNTY DIV191on DEPARTMENT OF DEVELOPMENT SERVICES Planning PLANNING DIVISION JUN 1 TO: Public Works FROM: Butte County Planning Division OMV1118'03100 8 RE: Request for Comments on a Development Application: David R. Westphal, MUP 99-10 DATE: June 7, 1999 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit to allow a second dwelling uni on property zoned TM -5 (Timber Mountain - 5 acres) located on on the east side of Maple Lane approximately '/z mile east of Cohasset Road, Cohasset, identified as APN 056-120-099, M. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON August 12, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 21, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): M Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538;7785 ; c+ E Me:dOT3A30 aNbl ^s� an 1Nf10g 6606 8 0 N n r (MU33311 lf= UP 99-10 AN 056-120-099 David Westphal E ' �• l Y � S' 1. �' r . y.`~: Fh�/ 4 % 4 � o s . I' Tr d(iG ,�E �S < '� t is i`i'? • i'iE?iEE`�`��i;E ino ay . y,:. F• lJaC Ayg.F,y, �F 9 L,S�nfi .i J�,�: Project Location SIVI TM75 72 il id, a R, - �> TM -5 y ' yI � TM_5 LEAD IN SHEET FILE NO: ►Ill' 99-10 AP# 056 120-099, • IN IIIII'lllllpll! is, wilil OWNER: REPRESENTATIVE: SIZE: _13.73 acres SUPERVISORAL DISTRICT #-3- EXISTING ZONING: TM -5 ZONING HISTORY: 8/20/74 Ord. 1473 SURROUNDING ZONING: TM -5 SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: Agricultural Residential APPLICABLE REGULATIONS: Cohasset Specific Plan Rec'd 06-03-99 COMMENT DISTRIBUTION LIST APPLICATION: David R. Westphal DATE: June 7, 1999 County Offices and Cities: 74- Chief Administrative Officer ✓_X_ Environmental Health Sheriff �X LAFCo = Biggs Oroville — Irrigation District: Butte Water _ OWID _ Table Mountain Irrigation Domestic Water _ Butte Water District _ OWID Sewer _ Butte Water District _ Skansen Subdivision (CSA 21) Fire Protection 0,:reation California Department of Forestry Districts _ Chico Area Recreation _ Paradise Recreation & Park Utilities Develop. Services Director Assessor BCAG APCD Gridley Paradise Animal Control Biggs/W. Gridley Water Paradise Irrigation Thermalito Irrigation ✓5C_ Public Works Director Building Manager _ ALUC Butte Co. Farm Bureau Chico � Chico Airport Commission V/_XJ Agricultural Commission Durham Irrigation Richvale Irrigation Other California Water Service Co. _ Thermahto Irrigation District Themalito Irrigation L.O.A. PUD El Medio Fire Protection District Durham Area Recreation Richvale Recreation & Parks Del Oro Water Co. Other Sterling City Sewer Main Feather River Rec. & Park _ PG&E North - Chico _ Chambers Cable TV _ Pacific Bell PG&E South - Oroville Viacom Cable TV State Agencies _ CalTrans (Traffic) _ Dept. of Water Resources _ Dept. of Fish and Game Forestry (Attn: Craig Carter)_ Dept of Parks and Rec. _ Highway Patrol Central Reg. Water Quality Cont _ Caltrans, Aeronautics Program Department of Conservation _ Off. of Mining Reclamation _ Off. of Governmental & Env. Relations _ Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ US Bureau of Land Management _ -US Fish & Wildlife Service Army Corps of Engineers Other Districts, Agencies, Committees, etc. Lime Saddle Dist _ Community Association _ Mosq. Abatement. Oroville/Butte Co Drainage _ Butte Env.l Council = Paradise Pines Com. Assoc. _ Reclamation _ Cal Native Plant Society _ Butte Co. Mining Committee _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy School Districts BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: David R. Westphal, MUP 99-10 DATE: June 21, 1999 CONTACT PERSON: David Doody The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Minor Use Permit to allow a second dwelling nit on property zoned _TM -5 (Timber Mountain - 55 acres) located on the east side of Maple Lane approximately 'V, mile east of Cohasset Road, Cohasse , identified as APN 056-120-099, ptn.. Supervisorial District No. -a. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON August 12, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN July 5, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 • 0 PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS E. 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. F. 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. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS G. SECOND UNITS The Second Unit may be attached to the primary residence or may be a separate, on-site detached dwelling. 2. The attached second unit shall be architecturally compatible with the primary residence and the appearance of the building shall be that of a single family dwelling. 3. The size of the attached second unit shall not exceed 640 square feet or 30% of the size of the primary dwelling, whichever is greater, in no case shall the second unit exceed 1200 square feet. A detached second unit shall not exceed 1200 square feet. 4. The parcel or lot upon which the Second Unit is to be located must meet the minimum acreage requirements for which the parcel or lot is zoned. 5. In addition to the off-street parking required for the primary dwelling, one off-street parking space shall be provided for second units of 640 square feet or less; two additional off-street parking spaces shall be provided for larger units. 6. An attached or detached garage or carport with a maximum exterior dimension of 12' by 20' is permitted for second units of 640 square feet or less. A garage or carport with a maximum dimension of 20'x 24' is permitted for larger second units. 7. Adequate sewer and potable water facilities shall be provided as determined by the Butte County Environmental Health Division. —8. A second unit may not be placed on a parcel or lot where a temporary mobile home, in accordance with Section 24-295 and 24-295.20, has been approved or on a lot that has more than one dwelling located upon it. Either the existing single family dwelling or the second unit shall be owner occupied. Verification of ownership shall be required prior to permit issuance and annually thereafter by submittal of a declaration in a form specified by the Director of Development Services of designee. PART of SEC. 22823 T. 2 4 N. R.2E 4f D. B. SM. 'J Y4 LDRNF�o 56-12 U �C� C 660 489.72 03.68i 236 AG 6.59 AC. 39 102 civ �v �o �n C 84C n �, ?p . � p ob 37 4 \ 334.30 /03 s► /O l 03 AQhi . ` \ G78 80 4AC. 312.52 a 60.47Ae 660 3 AC 660 SAC \ 5.19Ac y23 83' �4.22Ac. ~27 3.53AC 9410'STRIP 1320 O "� eS127--35 t UP i3- 3 _ 66 a © b \ ®I 20 — — —343 — — , :�-,—�74- — 1 85 4 881 � I 89 5.99 AC7A a \ 3 c 50 N 729 62 292 b \ \J 9 _y3 7 AC:r A ® "?! M 60 O 5 6+ W I h Z 142 229.63 5 AC 5 A C \\ I gc O r I 1320 \ ®S _55 O 59 ® I O 736.8 6/ .3 --- T 803. 434 r 6 2 6, s• r 2 31-12 " 07 cd 872 1d2 97 5.0/6AC \ 3/ v� " 76 SAC o /277 'O 86 °f a h 1 �I 4/ 6 9 9 3.43 A 4 1 � AC 1 87 C7I Al 1111 � U 11 12AC 6.41 Ac _ - i - o ffi1 4-S A C. SC I 1 b ®� `� 01 . 98� ^yl r,J 28.47Ac V O I 7 15.016 AC O 2.s11e ? 1 O (n �P/M 70-6T — — ,q'8d-' 0492 �` — — — — ti 1.4�M 1 r' 1-------- a i I ~ -2310 703.84 581.74 498.82 - MENDOCINO WAY 6 i I L14 o Assessor's Map NO -56-12 i00 I I I • •I •s I 1 �,.. NeW 12 x 70' GAZAetC Wevi42'8"x z-, Mari u FAcrmw) 'NEvJ 56�x 39' MANQFAc,Tu(WNOME G�P2A�aE ' L ' UUM 0 F cr GA�aP•. 95973 s :: a LM 111 3r La Tr - a LM AGENDA REPORT TO: Honorable Chair and Development Review Committee FROM: Department of Development Services, Planning Division DATE: December 2, 1997 REQUEST: Tentative Parcel Map on AP# 056-120-099 for David and Shirle Westphal - File #TPM 98-05 : A request for a Tentative Parcel Map to divide a 28 acre parcel into three parcels of 5 acres each and a fourth parcel of 13 acres. The property is located between the end of Maple Lane and Resources Lane, at 118 Maple Lane, Cohasset. The property is zoned TM -5 (Timber Mountain, 5 acre parcel) and is located in Supervisorial District 3. RELATED ITEMS: None FOR: Development Review Committee Meeting of January 22, 1998 SUMMARY: This request is for a Tentative Parcel Map to divide a 28 -acre -pa . rcel into three parcels of 5 acres each and a fourth parcel of 13 acres. The proposal conforms to the zoning and the General Plan. Approval of this application is recommended. APPLICABLE BUTTE COUNTY REGULATIONS: This Tentative Parcel Map application is submitted pursuant to Butte County Code Sections: Section 20-94 through 20-156 - Parcel Maps. These sections of the Butte County Subdivision Ordinance set forth the requirements for parcel maps when less than five parcels are created. Section 24-190.10 - TMA through TMA 60 Site Requirements. A parcel zoned TM -5 must have a minimum parcel size of 5 acres. PROJECT CHARACTERISTICS: The application is for a Tentative Parcel Map to divide a 28 - acre parcel into three parcels of 5 acres each and a fourth parcel of 13 acres. The property is located between the end of Maple Lane and Resources Lane, at 118 Maple Lane, Cohasset. The property is zoned TM -5 (Timber Mountain, 5 -acre minimum parcel size) and has a General Plan Land Use designation of Agricultural -Residential. The property is located within the Cohasset Specific Plan (CSP) area which has additional development requirements. Access to the proposed parcels will be via a road easement which will run from Maple Lane to Resources Lane. The project site has been developed with a dwelling unit,' several accessory structures, and several small apple orchards. Most of the existing structures are located on proposed parcel 1. Wells are located. on parcel 3 and 4. Ar Butte County Department of Development Services - Planning Division AF AM The property is located in a primarily rural residential setting. The elevation of the parcel ranges from 2,680 ft. to 2,720 ft. above sea level. The project site is characterized by undulating, steep to gently sloping hillsides, with some slopes exceeding 30%. The parcel generally drains into Maple Branch Creek on parcel 4. The project site is situated within the Yellow Pine Forest zone and includes a mixed conifer forest (recently and previously selectively logged ) with a riparian belt along Maple Branch Creek. Vegetation on the parcel consists of many pines and .scattered oaks. Extensive brush is found on proposed parcel 4. Proposed parcels 1, 2, & 3 have been recently logged. Slash from logging operations covers these parcels. Maple Branch Creek and two man-made ponds are located on parcel 4. The parcel has a very high erosion potential and a high to extreme fire hazard. The parcel is located within critical winter deer habitat, but is located in an Designated Development Zone. The project site has a high archaeological sensitivity. An archaeological study was performed on the property, but no significant archaeological resources were found. The proposed parcels will be served by individual wells and septic systems. ANALYSIS: This request is consistent with the TM -5 zoning and Agricultural Residential General Plan designation which permit residential uses at rural densities. The project will be required to meet all standards and requirements of the Subdivision Map Act and conform to all County standards for subdivision design. The project has three areas of concern: conformance with the Cohasset Specific Plan development policies which include fire protection standards, erosion control, and -the protection of wildlife habitat. Cohasset Specific Plan The Cohasset Specific Plan (CSP) was adopted on May 20, 1986 in order to address the unique concerns presented by foothill development. The CSP establishes development policies and standards to which this project must conform; the most significant of these are related to erosion control, fire protection, and sewage disposal standards. Erosion: The CSP requires that adequate erosion control plans be prepared and implemented. This project is conditioned to require the preparation of such a plan utilizing Best Management Practices that include structural barriers/diversions, biological methods including mulch protection and hydroseeding, and limiting earthwork to the dry season. The CSP indicates that the removal of vegetation shall be limited to what is necessary for the creation of homesites, accessory buildings and fire safety regulations. Fire Protection: The CSP establishes minimum standards for fire protection in the foothill study area. The CSP Implementation Measures include 10 policies, A through J, that establish standards for road access and design, signage requirements, structure Ar Butte County Department of Development Services - Planning Division 0 �7 i identification, water availability standards, and building construction standards. The most significant of these fire protection policies is the requirement for on-site water availability. Policy "D" states that subdivisions that are not served by an established water delivery system should maintain adequate alternative water sources to ensure effective fire fighting capacity. The developer shall provide a water source capable of delivering established flow requirements as stated in the CSP. Sewage Disposal: The CSP requires minimum standards for sewage disposal, the most significant of which is the requirement that there be a minimum soil depth of 5 feet to rock base and percolation rates suitable for the foothill environment. If either of these areas is a problem, the development must utilize a community system. Erosion Concerns The project site has an average slope of 15%. Slopes of 40% or greater are found on parcel 4. Development in areas of steep slopes would increase the potential for erosion and sediment loading and may lead to a significant alteration to the established drainage patterns both on and off site. A mitigation of this project prohibits development on slopes of 30% or greater. In addition, a mitigation measure requires that the removal of vegetation be limited to what is necessary for the creation of a homesite, accessory buildings, access road and driveways, and fire safety regulations, or that which is allowed under an approved Timber Harvest Plan. Limiting the amount of vegetation removal will help prevent erosion. Habitat Protection The project site has been identified by the Department of Fish & Game as being within critical winter range for the East Tehama deer herd. Parcels located within located critical winter range habitat are recommended to have a minimum parcel size of 40 acres. However, the site is located in a DF&G Designated Development Zone (DDZ). Properties located within a DDZ are allowed to have less than the recommended 40 acre minimum parcel size. While the project site is located within a DDZ, there will still be an impact to deer movements in the project area. To help reduce the impacts to deer movements on the project site, two mitigations are recommended. The first mitigation will require that all fences outside of residential areas contain no more than 5 wire strands, the lowest strand of which shall be at least 16" above the ground and the top strand no more than 48" above ground level. This mitigation will allow deer to easily crawl under or jump over fences in non-residential areas of the project site. The second mitigation will require that Deer Herd Impact fees be collected at the time of building permit issuance, if such fees are being collected. Ar Butte County Department of Development Services - Planning Division Ar 3 There is extensive riparian vegetation along Maple Branch Creek. In addition, there is extensive brush on parcel 4. This vegetation provides habitat for numerous animals and also helps to prevent erosion. A mitigation of this project requires that the removal of vegetation be limited to what is necessary for the creation of a homesite, accessory buildings, access road and driveways, and fire safety regulations, or that which is allowed under an approved Timber Harvest Plan. Other concerns The subdivision will be subject to the following additional conditions established by other agencies. The Environmental Health Division requires the final map to show a 100 ft. leachfield free setback from the highwater line of the creek on parcel 4 and a 100 ft. leachfield free setback from each existing well. The Environmental Health Department is also requesting that the required quantities of domestic water are available to parcels 1 and 2 prior to issuance of a building permit. The Department of Public Works requires that development standards established in the project conditions be met, including executing a road maintenance agreement, improvement of the access road and parcel frontage road, and obtaining encroachment permits for the intersection of Maple Lane and Cohasset Road and improve it to County standards. The project site is located in an area that has a high to extreme fire hazard. Compliance with requirements established by the Butte County Fire Department for payment into the appropriate Water Tender Fund will be required, and all new structures must meet the Fire Safe Regulations of Butte County and Public Resources Code 4290. A mitigation measure requires that all new dwelling units on the project site have an automatic fire suppression sprinkler system installed. The payment of school facilities fees will be required at the time building permits are issued. The payment of sheriffs facilities fees will be required at the time of building permit issuance. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. An Initial Study has been prepared by County staff. Based upon review of the Initial Study, staff has determined that the project can be fully mitigated*with the addition of mitigation measures added as conditions of approval. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing will occur in the Chico Enterprise Record. Public notices will be mailed to all property owners within a 300 foot radius of the subject property. Ar Butte County Department of Development Services - Planning Division A, 4 RECOMMENDATION: Staff recommends that the Development Review Committee approve the application for David and Shirley Westphal on APN 056-120-099, subject to the attached findings and conditions in Exhibit A. ;3 K\PLANNING\PROJECTS\TPM\W ESTPHAL.TPM\W ESTPHAL.RPT Ar Butte County Department of Development Services - Planning Division a 5 EXHIBIT A Section 1: Environmental Findings. A. Find that an Initial Study was completed in compliance with the California Environmental Quality Act which identified potential significant environmental effects that the project may have, but provisions in the project plans or proposals agreed to by the applicant would mitigate such effects to a point where clearly no significant environmental effects would occur; and B. The design of the subdivision and improvements has the potential to cause environmental damage to fish or wildlife or their habitat and the collection of Department of Fish and Game Environmental Filing Fees is required; and C. Find that the Development Review Committee has independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the said Negative Declaration adequately represents impacts associated with this project; and Section 2: Subdivision Map Act Findings. A. The proposed map is consistent with the Butte County General Plan Goals and Policies; and B. The design and improvements of the proposed subdivision are consistent with County standards and policies provided all conditions of project approval are complied with; and C. The project is physically suitable for the use and density of the proposed development; and D. The design and improvements of the project. will not cause public health or safety problems; and E. The design and improvements of the project will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; and F. Approval of this project will not be detrimental to the public health, safety and welfare provided the required conditions and mitigations are complied with; and jr Butte County Department of Development Services - Planning Division w P Section 3: Action A. Subject to these findings indicated in Sections 1 and 2 of this report, move to adopt the Negative Declaration with mitigation measures and approve the Tentative Parcel Map for David and Shirley Westphal on APN 056-120-099 to create 4 lots. Approval shall be subject to the following conditions. B. Minor changes may be approved administratively by the Directors of Environmental Health, Development Services or Public Works, upon receipt of a substantiated written request by the applicant and only as to those conditions or requirements recommended by their respective departments. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Planning Division Conditions Show on an additional map sheet, or separate plat map which is to be recorded concurrently with the map, all areas having a slope of 30% or greater as a No Development Zone. Include a note that states: "Structures, dumping, fill material, and/or excavation shall not be allowed within the No Development Zone as depicted." MM 2. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "All development of parcels shall be subject to the erosion control policies and standards established in the Best Management Plan, and in the Cohasset Specific Plan, a copy of which can be obtained at the Department of Development Services." MM 3. All development of building pads and other site preparation shall be subject to a Best Management Plan developed for erosion control utilizing structural barriers/diversions, biological methods including mulch protection and hydroseeding, and4imiting-ea*we* ta the dpiseason.(April454"ovember-14). The plan shall be submitted to, and approved by the Department of Public Works and the Planning Division prior to recordation of map. MM 4. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "The removal of vegetation shall be limited to what is necessary for the creation of a homesite, accessory buildings, and fire safety regulations, or that which is approved through a Timber Harvest Plan by the California Department of Forestry." MM 5. Show on an additional map sheet, or separate plat map which is to be recorded concurrently with the map, a 100 foot "No Development Zone" along Maple Branch Ar Butte County Department of Development Services - Planning Division Ar 7 Creek. The distance shall be measured from the top of bank or outer edge of the riparian vegetation, whichever is greater. Include a note that states: "Structures, dumping, fill material, and/or excavation shall not be allowed within the 100 foot No Development Zone as depicted, except for driveways and/or access improvements necessary for each residence. Limited vegetation removal necessary for flood control and/or to reduce fire hazard, is permissible within the No Development Zone; however, �pn77 all vegetation removal shall be approved by the Department of Fish and Game prior to removal." MM 6. Place a note on a separate documents which is to be recorded concurrently with the map or on an additional map sheet which states: "Fencing for areas other than residential areas shall be limited to a maximum of 5 wire strands. The low strand shall be at least 16" above the ground and the upper strand shall be no higher than 48" above the ground." MM 7. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet which states: "At the time of building permit application, if a Deer Herd Impact fee(s) is currently in effect, it shall be paid prior to the issuance of the building permit." MM 8. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "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." MM 9. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: 'The building setback from the side and rear property lines shall be not less than 30 feet." MM 10. Prior to recordation of the Final Map, remove the shed on parcel 2, or move the shed at least 30 feet from the parcel line, or reconfigure the parcel line between parcels 1 and 2 to place the shed at least 30 feet from the parcel line. MM 11. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "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 jr Butte County Department of Development Services - Planning Division jr E. recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division." MM 12. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "A development impact fee for Sheriffs facilities shall be paid pursuant to the provisions of Chapter 3, Article II of the Butte County Code, prior to issuance of building permits. Said fee amount will be determined and calculated as of the date of application for the building permits." 13. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "Development of these parcels shall comply with the requirements of the Cohasset Specific Plan, which can be obtained at the Planning Division." Fire Department Conditions 14. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 15. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 16. Place a note on the additional map sheet or on a document to be recorded concurrently with the final map, that states: "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-#-comes--NFPA-Standard_.1-3D--unless-a-pressur-ized-communitywasters-stem'� ,with epartmen specifications; serves -the -parcels." In lieu of a pressurized water system or water storage tank, payment of $200.00 pe created parcel into the Battalion 2 water tend fund, is required prior to the issuance of a building permit. Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: "Development of these parcels may require payment into the Water Tender Fund." Public Works Conditions 17. Prior to, or concurrently with the recordation of the Parcel Map, provide a fully executed road maintenance agreement on the County approved form. Ar Butte County Department of Development Services - Planning Division Ar 01 r _ , 18. Provide street name signs per requirements of the Department of Public Works prior to recordation of the Parcel Map. Street names shall be approved by the County Address Coordinator prior to the recordation of the Parcel Map. 19. Provide a cul-de-sac, designed and constructed to county standards as specified in the County Improvement Standards. The Parcel Map shall show the cul-de-sac. In lieu of a cul-de-sac, construct a road from Cohasset Road to Vilas Road within approved access. 20. All access rights shall be reserved by deed, per County Ordinance, and offered for dedication and depicted on the Parcel Map. 21. The developer shall provide all necessary traffic safety signs including stop signs. A note shall be placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet of the Parcel Map stating "The property owners are responsible for the maintenance of all private road safety signs, including stop signs." 22. Pay the recording fees then in effect for recording the Parcel Maps and related documents. 23. Provide two-way traversable access to each parcel from a County maintained road or from a state highway. Improve parcel access road to RS -8 LD -II and access road to parcel being divided to RS -8 LD -I. 24. Prior to the recordation of the Parcel Map, obtain an encroachment permit and construct a standard road approach, in accordance with County Improvement Standards. Adequate sight distance at the intersection of access road and Cohasset Road shall be provided. 25. Show on the additional map sheet of the Parcel Map a 50 ft. building setback line measured from the centerline of access roads. 26. New lot lines shall comply with the applicable setback requirements of the Butte County Zoning Ordinance and the County adopted Uniform Building Code. 27. Show all easements of record on the Parcel Map. 28. Prior to or concurrently with the recordation of the Parcel Map, pay in full any and all 'delinquent, current and estimated taxes and assessments as specified in Article 8, of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492. Ar Butte County Department of Development Services - Planning Division Ar 10 AGENDA REPORT 29. Prior to the recordation of the Parcel Map, prove, to the satisfaction of the Director of Public Works, that the parcel to be divided is a legal parcel. Environmental Health Conditions. 30. Identify on the additional map sheet or on a separate document which is to be recorded concurrently with the map, a "100 ft. leachfield free setback from each existing well. 31. Identify on the additional map sheet or on a separate document which is to be recorded concurrently with the map, a 100 ft. leachfield free setback from the highwater line of the creek on parcel 4. 32. Prior to issuance of a building permit, prove that the required quantities of domestic water are available to parcels 1 and 2. AV Butte County Department of Development Services - Planning Division Ar 11 i 29. Prior to. the recordation of the Parcel Map, prove, to the satisfaction of the Director of Public Works, that the parcel to be divided is a legal parcel. Environmental Health Conditions 30. Identify on the additional map sheet or on a separate document which is to be recorded concurrently with the map, a 100 ft. leachfield free setback from each existing well. 31. Identify on the additional map sheet or on a separate document which is to be recorded concurrently with the map, a 100 ft. leachfield free setback from the highwater line of the creek on parcel 4. 32. Prior to issuance of a building permit, prove that the required quantities of domestic water are available to parcels 1 and 2. Butte County Department of Development Services - Planning Division Ar 11 Project: Westphal TPM, File # TPM 98-05 COUNTY OF BUTTE . INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: Name of Proponent: David and Shirley Westphal 2. Address: 118 Maple Lane, Cohasset, CA 95973 Phone: (916) 343-4951 3. Name of Proposal, if applicable: None 4. Type of Project: Tentative parcel ma 5. Project Description and Location of Parcels: This project is a Tentative Parcel Map to subdivide a 28 acre parcel into three parcels of 5 acres each and one parcel of 13 acres. The parcel is zoned TM -5, and is designated by the Butte County Land Use Element Map as Agricultural - Residential. The property is also located within the Cohasset Specific Plan (CSP) area which has additional development requirements. The parcel is located between the end of Maple Lane and Resources Lane, at 118 Maple Lane, Cohasset, and has been developed with a dwelling unit, several accessory structures, and a small apple orchard. The elevation of the parcel ranges from 2,680 ft. to 2,720 ft. above sea level. The project site is characterized by undulating, steep to gently sloping hillsides, with many slopes exceeding 30%. The parcel generally drains to the east. The project site is situated within the Yellow Pine Forest zone and includes a mixed conifer forest (recently and previously selectively logged ) with.a riparian belt. Vegetation on the parcel consists of many pines and scattered oaks. Extensive brush is found on proposed parcel 4. Proposed parcels 1, 2, & 3 have been recently logged. Slash from logging operations covers these parcels. Maple Branch Creek and two man-made ponds are located on parcel 4. The parcel has a very high erosion potential and a high to very high fire hazard. The parcel is located within critical winter deer habitat, but is located in an Designated Development Zone. Access to the proposed parcels will be via a private road off of Maple Lane, which intersects with Cohasset Road. Additional project description and area description can be found in the data sheet at the end of this document. 6. Assessor's Parcel Numbers: APN 056-120-099 Date Checklist Submitted: October 23.1997 II. DETERMINATION: On the basis of this initial evaluation: ❑ 1 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 the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION with mitigation(s) will be prepared. I ■ Butte County Department of Development Services ■ Planning Division ■ Project: Westphal TPM, File # TPM 98-05• - ❑ I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Complete by: Stephen Betts, Associate Planner Reviewed : Craig Sander, Senior Planner 10 2`t lql tate D` 23 !R Date Ill. 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. ❑ Land Use and Planning ❑ Transportation/Circulation ® Public Services ❑ Population and Housing ® Biological Resources ❑ Utilities & Service Systems ® Geophysical ❑ Energy and Mineral Resources ❑ Aesthetics El Water ❑ Hazards El Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation 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 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) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant if there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless 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 Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in a earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 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 ■ Butte County Department of Development Services ■ Planning Division ■ E Project: Westphal TPM, File # TPM 98-05 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. N. ENVIRONMENTAL IMPACTS: 1. LAND USE AND PLANNING. Would the proposal. a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the vicinity? d) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? . X X X X X Response: The project parcel is 28 acres in size, and is zoned TM -5. The Land Use Element Map of the Butte County General Plan designates the project site 'as Agricultural -Residential. The size of the proposed parcels are consistent with the zoning and are conditionally consistent with the General Plan. Surrounding parcels are zoned 7M-5 to the north and south, 7M- 20 to the east, and TM -2 to the west.. Surrounding parcels range in size from 2 acres to 54 acres. Land uses on surrounding parcels are rural residential, timber harvesting, small orchards, and open space. The project is compatible with the existing land use in the project area. Mitigation: None required. 2. POPULATION AND HOUSING. Would the proposal. a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in' an area either directly or indirectly (e.g., through projects in an ■ Butte County Department of Development Services ■ Planning Division ■ X Project: Westphal TPM, File # TPM 98-05 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact undeveloped area or extension of major infrastructure)? X c) Displace existing housing, especially affordable housing? X Response: The proposal will not significantly affect the population of the area because the proposed density does not exceed that planned and being developed in the area. Only three additional dwelling units can be placed on the four proposed parcels because there is an existing dwelling unit on parcel 1. Mitigation: None required. 3. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Seismicity: fault rupture? b) Seismicity: ground shaking/ liquefaction? c) Seismicity: seiche? d) Landslides or mudslides? e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? f) Subsidence of the land?. g) Expansive soils? h) Unique geologic or physical features? i7 1:1 Response: All of Butte County is classified as a Moderate Earthquake Intensity Zone Vlll and potential ground shaking is possible. The Butte County Seismic Safety Element Map indicates that no known faults are located near the project site. Construction of all buildings on the project site to Uniform Building Code standards will provide adequate protection to occupants in case of seismic activity. . The project site is characterized by sloping terrain with slopes between 5% and 40'x6. The soils on the project site are considered to have a slight to moderate erosion potential, and the project site receives an average rainfall of 45 to 50 inches per year. Disruption of soils in areas of steeper slopes could result in erosion occurring during rainfall events. Approval of this project would ultimately lead to a potential increase in soil erosion due to the expected construction impacts. However, standard construction techniques will be required as part of the construction process of this site. In addition a mitigation of this project will prohibit most development on slopes greater than 30%. Therefore, significant erosion impacts are not expected to occur. The proposal will result in some disruption, compaction and overcovering of the site from the development of structures, driveways, roads and ■ Butte County Department of Development Services ■ Planning Division ■ 4 X X X X X X Response: All of Butte County is classified as a Moderate Earthquake Intensity Zone Vlll and potential ground shaking is possible. The Butte County Seismic Safety Element Map indicates that no known faults are located near the project site. Construction of all buildings on the project site to Uniform Building Code standards will provide adequate protection to occupants in case of seismic activity. . The project site is characterized by sloping terrain with slopes between 5% and 40'x6. The soils on the project site are considered to have a slight to moderate erosion potential, and the project site receives an average rainfall of 45 to 50 inches per year. Disruption of soils in areas of steeper slopes could result in erosion occurring during rainfall events. Approval of this project would ultimately lead to a potential increase in soil erosion due to the expected construction impacts. However, standard construction techniques will be required as part of the construction process of this site. In addition a mitigation of this project will prohibit most development on slopes greater than 30%. Therefore, significant erosion impacts are not expected to occur. The proposal will result in some disruption, compaction and overcovering of the site from the development of structures, driveways, roads and ■ Butte County Department of Development Services ■ Planning Division ■ 4 Project: Westphal TPM, File # TPM 98-05 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact other improvements. These impervious surfaces will increase the amount of surface runoff from the site, however, due to the large parcel sizes, any development that might occur is unlikely to create any significant disruption of the site. The CSP addresses the issues of soil erosion and slope constraints by establishing a policy of minimizing erosion by utilizing erosion control techniques and by encouraging development in areas with slopes less than 15%. The CSP indicates that these conditions include the creation and implementation of erosion control plans that will utilize structural diversions, mulch protection, limiting earthwork to the dry season, removing only the vegetation necessary for the development of homesites and fire protection, and encouraging development in those areas with slopes less than 15%. The proposal will require some excavation or grading for driveways and level building sites. Any fill placed on site for road or homesite construction will have to meet the requirements of Chapter 70 of the Uniform Building Code and will be compacted to accepted engineering standards and will not represent a hazard. Therefore, the project will not create any unstable earth conditions or result in changes to geologic substructures. A large portion of the project site has been recently selectively logged. The soil in the logged areas has been extensively disturbed due to the logging operations, thus leading to a potential increase in erosion. A Timber Harvest Plan was approved by the Califomia Department of Forestry, which addressed erosion impacts from the logging operations. Mitigation # 1: Show on an additional map sheet, or separate plat map which is to be recorded concurrently with the map, all areas having a slope of 30% or greater as a No Development Zone. Include a note that states: "Structures, dumping, fill material, vegetation removal and/or excavation shall not be allowed within the No Development Zone as depicted." Mitigation # 2: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "All development of parcels shall be subject to the erosion control policies and standards established in the Cohasset Specific Plan, which can be obtained at the Department of Development Services, and in the Best Management Plan." Mitigation # 3: Prepare a Best Management Plan to address erosion control during site preparation, road construction, and home construction. The erosion control methods proposed shall be methods accepted by professional civil engineering practices. The plan shall make provisions to stabilize all disturbed soil that is subject to erosion, prior to the on set of the rainy season (November 15) and if work is to be done during the winter, to provide for interim measures for periods of rain. The plan shall be submitted to, and approved by, the Department of Public Works and the Planning Division prior to recordation of map. Mitigation # 4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "The removal of vegetation shall be limited to what is necessary for the creation of a homesite, accessory buildings, and fire safety regulations, or that which is approved through a Timber Harvest Plan by the California Department of Forestry." 4. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate ■ Butte County Department of Development Services ■ Planning Division ■ 5 r _. Project: Westphal TPM, File # TPM 98-05 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact and amount of surface runoff? X b) Exposure of people or property to water related hazards such as flooding? X c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? X d) Changes in the amount of surface water in any water body? X e) Changes in currents, or the course or direction of water movements? X f) Change inthe quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavation? X g) Altered direction or rate of flow of groundwater? X h) Impacts to groundwater quality? X Response: This project will ultimately result in the creation of new impervious surfaces such as roads, structures, and driveways. A minor increase in surface water runoff can be expected due to the reduced absorption rate created from the impervious surfaces. However, the low density of development proposed for this project will not significantly increase runoff'. In addition, adherence to drainage standards of the Butte County Public Works Department is anticipated.to mitigate possible impacts to the drainage system. The proposal could affect surface water quality due to siltation resulting from erosion caused by development of a new road, structures, driveways, and leachfields. Additional storm water contamination from residential use of pesticides, herbicides, petroleum products, and other pollutants could also result from development of the property. This should not be a significant effect due to the low density of development and the use of standard construction practices to minimize erosion. Maple Branch Creek and two man-made ponds are located on proposed parcel 4. Development near this drainage could lead to an increase in soil being eroded into the drainage. In order to reduce soil erosion impacts to this drainage, a mitigation of this project will require that a 100 ft. No Development Zone be established adjacent to the drainage. This No Development Zone will measured from the top of bank or outer edge of vegetation, whichever is greater. ■ Butte County Department of Development Services ■ Planning Division ■ Project: Westphal TPM, File # TPM 98-05 - Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact In general, Cohasset is in an area that does not have large quantities of groundwater. The.Cohasset area is a volcanic -caped ridge area, and the major water -bearing units are usually located in deep intervolcanic sand and gravel deposits. Groundwater also occurs to a lesser extent in the soil mantle and weathered surface developed on Tuscan Formation rocks. Wells in the Cohasset area may have to be drilled quite deep in order to obtain an adequate and reliable source of domestic water to support a dwelling unit. The proposed land division and anticipated residential development may result in the reduction of ground water supplies in the immediate area. This reduction is not believed to be significant because only three new homes could be built as a result of this project. There are currently two wells on the project site, and are located on proposed parcels 3 and 4. The Butte County Environmental Health Department will require that prior to issuance of a building permit that the required quantities of domestic water are available to parcels 1 and 2. Mitigation # 5: Show on an additional map sheet, or separate plat map which is to be recorded concurrently with the map, a 100 foot "No Development Zone" along Maple Branch Creek. The distance shall be measured from the top of bank or outer edge of the riparian vegetation, whichever is greater. Include a note that states: "Structures, dumping, fill material, and/or excavation shall not be allowed within the 100 foot No Development Zone as depicted, except for driveways and/or access improvements necessary for each residence. Limited vegetation removal necessary for flood control and/or to reduce fire hazard, is permissible within the No Development Zone; however, all vegetation removal shall be approved by the Department of Fish and Game prior to removal." S. AIR QUALITY. Would the proposal. a) Violate any air quality standard or contribute to an existing or projected air quality violation? X b) Expose sensitive receptors to pollutants? X c) Alter air movement, moisture, or temperature, or cause any change in climate? X d) Create objectionable odors? X Response: The proposal will not affect air quality because the increase in the number of vehicle trips is not significant. In addition, the proposal will not create objectionable odors, smoke or fumes. Only large projects such as the construction of a large high-rise buildings, the creation of a large water body (such as a lake or thousands of acres of rice fields), massive defoliation, or introduction of large tracts of vegetation where there was previously none, would have the climactic effects discussed in this question. Since this project has none of these characteristics it will not result in any change in air movement, moisture, temperature, or climate. Mitigation: None required. ■ Butte County Department of Development Services ■ Planning Division ■ Project: Westphal TPM, File # TPM 98-05 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? c) Inadequate emergency access or access to nearby uses d) Insufficient parking capacity onsite/ offsite? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? h) Substantial impact upon ebsting transportation systems, including public transportation services? Potentially Significant Less Potentially Unless, Than Significant Mitigation Significant No Impact Incorporated Impact Impact X X X X X X X X Response: Rural residential trip generation rates are generally presumed to be lower than urban residential trip generation rates. While urban residential generation rates are approximately 9.53 per dwelling unit, Butte County typically uses 7.00 -as a trip generating factor for rural residences (ITE Manua11991). The project will result in an incremental increase of approximately 21 vehicle trips per day, but this increase will not cause congestion. All the roads in the project area, are operating at a level of service of "C" or better and the increase in traffic due to this project will not affect this level of service. Roads on the project site will be maintained by the property owners. Mitigation: None required. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? X ■ Butte County Department of Development Services ■ Planning Division ■ 0 Project: Westphal TPM, File # TPM 98-05 Response: The project site is situated within the Yellow Pine Forest zone and includes a mixed conifer forest (recently and previously selectively logged) with a riparian belt. Among the vegetation on the project site are Douglas fir, ponderosa pine, sugar pine, cedar, black oak, live oak, alder, dogwood, bay, big leaf maple, squaw carpet, blackberries, poison oak, ferns, grasses and forbs. A small apple orchard is located on proposed parcel 1. The project site contains extensive amounts of brush on proposed parcel 4. Extensive amounts ofriparian vegetation occurs along Maple Branch Creek and the ponds on parcel 4. Parcels 1, Z & 3 have been recently logged, and the soils on these parcels have been extensively disturbed due to the logging operations. Slash from the logging operation covers much of the ground. Animals that may be found on the project site include deer, bobcat, mountain lion, skunk, racoons, squirrels, and various species of birds. No rare or endangered animal species are found on the project site. Construction activities and the residential use on the project site may cause some animal species to move to new areas. This is not expected to be significant because there will be a large amount of undeveloped areas on the project site for animals to move to and through the site. The proposal could result in the loss of riparian vegetation along Maple Branch Creek. The extensive amounts of riparian vegetation along Maple Branch Creek plays an important role in providing water for fish and wildlife and in linking all habitats in a watershed to the nutrient and energy flow of an ecosystem. An adoltion, riparian vegetation also acts as a buffer to absorb soil runoff, thus preventing soil sediments from entering drainages. The mitigation found in item 4 above prohibits any development within 100 feet from the top of bank or the outer edge of riparian vegetation of Maple Branch Creek. The project site is located within deer herd critical winter range, but is located in a Designated Development Zone (DDZ), which allows smaller parcel sizes than is normally allowed. Development of the project site could cause an impact to deer movements on the site. In order to prevent barriers to deer movements, fencing for areas other then residential areas will be required to meet specific standards as recommended by the California Department of Fish and Game. The fencing standards M11 allow deer to easily crawl underneath or jump over the fences. In addition, deer herd impact fees will be collected at time of building permit application. Mitigation # 6: Place a note on a separate documents.which is to be recorded concurrently with the map or on an additional map sheet that states: "Fencing for areas other than residential areas shall be limited to a maximum of 5 wire strands. The low strand shall be at least 16" above the ground and the upper strand shall be no higher than 48" above the ground." ■ Butte County Department of Development Services ■ Planning Division ■ 0 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Locally designated species (e.g. heritage trees)? X c) Locally designated natural communities (e.g. oak forest, etc.)? X d) Wetland habitat (e.g. marsh, riparian and vernal pool)? X e) Wildlife dispersal or migration corridors? X Response: The project site is situated within the Yellow Pine Forest zone and includes a mixed conifer forest (recently and previously selectively logged) with a riparian belt. Among the vegetation on the project site are Douglas fir, ponderosa pine, sugar pine, cedar, black oak, live oak, alder, dogwood, bay, big leaf maple, squaw carpet, blackberries, poison oak, ferns, grasses and forbs. A small apple orchard is located on proposed parcel 1. The project site contains extensive amounts of brush on proposed parcel 4. Extensive amounts ofriparian vegetation occurs along Maple Branch Creek and the ponds on parcel 4. Parcels 1, Z & 3 have been recently logged, and the soils on these parcels have been extensively disturbed due to the logging operations. Slash from the logging operation covers much of the ground. Animals that may be found on the project site include deer, bobcat, mountain lion, skunk, racoons, squirrels, and various species of birds. No rare or endangered animal species are found on the project site. Construction activities and the residential use on the project site may cause some animal species to move to new areas. This is not expected to be significant because there will be a large amount of undeveloped areas on the project site for animals to move to and through the site. The proposal could result in the loss of riparian vegetation along Maple Branch Creek. The extensive amounts of riparian vegetation along Maple Branch Creek plays an important role in providing water for fish and wildlife and in linking all habitats in a watershed to the nutrient and energy flow of an ecosystem. An adoltion, riparian vegetation also acts as a buffer to absorb soil runoff, thus preventing soil sediments from entering drainages. The mitigation found in item 4 above prohibits any development within 100 feet from the top of bank or the outer edge of riparian vegetation of Maple Branch Creek. The project site is located within deer herd critical winter range, but is located in a Designated Development Zone (DDZ), which allows smaller parcel sizes than is normally allowed. Development of the project site could cause an impact to deer movements on the site. In order to prevent barriers to deer movements, fencing for areas other then residential areas will be required to meet specific standards as recommended by the California Department of Fish and Game. The fencing standards M11 allow deer to easily crawl underneath or jump over the fences. In addition, deer herd impact fees will be collected at time of building permit application. Mitigation # 6: Place a note on a separate documents.which is to be recorded concurrently with the map or on an additional map sheet that states: "Fencing for areas other than residential areas shall be limited to a maximum of 5 wire strands. The low strand shall be at least 16" above the ground and the upper strand shall be no higher than 48" above the ground." ■ Butte County Department of Development Services ■ Planning Division ■ 0 Project: Westphal TPM, File # TPM 98-05 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Mitigation # 7: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "At the time of building permit application, if a Deer Herd Impact fee(s) is currently in effect, it shall be paid prior to the issuance of the building permit." 8. ENERGY AND MINERAL RESOURCES. Would the proposal. a) Conflict with adopted energy conservation plans? ' X b) Use non-renewable resources in a wasteful and inefficient manner? X c) Conflict with the extraction of identified, significant mineral resources? X Response: This project will allow for the construction of three single family residences at rural densities. For the short tenn, the use of energy will be limited to that fuel needed to operate the machinery required to construct roads to serve the parcels, prepare the site, and construct homes. For the long term, energy will be required to heat, cool, and light those homes. This energy -use will occur regardless of the location of the homes and is really a function of the continued population growth in Butte County and California. Much of the electricity used in Butte County is generated by hydro -electric power plants and is considered a renewable source of energy. No significant mineral resources are located on the project site. Mitigation: None required. 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation) X b) Possible interference with an emergency response plan or emergency evacuation plan? X c) The creation of any health hazard or potential health hazard? X d) Exposure of people to existing . sources of potential health hazards? X e) Increased fire hazard in areas with flammable brush, grass, or trees? X ■ Butte County Department of Development Services ■ Planning Division ■ 10 Project: Westphal TPM, File # TPM 98-05 - Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact Response: This project will allow for the construction of three single family residences at.rural densities. The proposal will not involve significant use of hazardous materials, nor is located close to any facilities which store or utilize such materials. All households use some hazardous materials but the amounts are not considered significant. Continuing education of the public regarding the proper use and disposal of household chemicals also helps to eliminate local contamination. Mitigation: None required . 10. NOISE. Would the proposal result in: a) Increases in existing noise levels? b) Exposure of people to severe noise levels? X X Response: Construction activities associated with residential development will cause temporary, localized increases in existing noise levels. The project will not cause a significant increase in the long- term noise level nor will it expose people to a severe noise levels. Mitigation: None required. 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? X b) Police protection? X c) Schools? X d) Maintenance of public facilities, including roads? X e) Other governmental services? X Response: The project is located in an area with a high to extreme fire hazard designation. The proposal will result in an incremental increase in demand for fire protection in the area. The Butte County Fire Department/California Department of Forestry has indicated that cumulative development in rural areas will impact their ability to provide fire protection services. They have stated that installation of automatic fire suppression sprinkler systems in residential structures, the use of fire resistance building materials and water supply systems adequate to support the sprinkler system will reduce the demand for fire protection services. The nearest fire station is located approximately 3 miles southwest of the project site, on Cohasset Road. The project is located within a State Response Area for wildland fires and construction of homes in this area makes fighting these fires more difficult because fire resources must protect structures before wildlands. The Fire Department has requested that all new structures and driveways meet the Fire Safe Regulations of Butte County and Public Resources Code 4290 which include fuel reduction areas within 30 feet of all structures and specified addressing signs. Because of the 30 foot fuel reduction requirement the current side and rear yard building setbacks of 10 feet for the TM -5 zone ■ Butte. County Department of Development Services ■ Planning Division ■ 11 Project: Westphal TPM, File # TPM 98-05 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact are not adequate. Property owners placing structures within 30 feet of the property line would be restricted from clearing brush on the adjacent parcel. To allow all property owners to have control over fuel reduction around their homes a 30 foot side and rear yard building setback shall be required instead of the normal 10 foot side and rear yard building setbacks of the TM -5 zone. A small shed is located on proposed parcel 2 and which is very close to the boundary line of parcel 1. While the shed may be five feet or more away from the parcel line, it is within 30 feet. As already stated in the above paragraph, structures placed within 30 feet of a property line cannot be adequately protected in case of a fire. The shed on proposed parcel 2 needs to be removed, moved to another location further away from the parcel line, or the parcel line between parcels 1 and 2 should be reconfigured to place the shed at least 30 feet from the parcel line. The proposed project will result in an incremental increase in demand for police protection. A development impact fee for Sheriffs facilfies shall be paid pursuant to the provisions of Chapter 3, Article 11 of the Butte County Code, prior to issuance of building permits. Said fee amount will be determined and calculated as of the date of application for the building permit. The proposal will result in an incremental increase in demand for school services in the area. New development is subject to payment of school fees that are collected prior to issuance of building permits. The proposal will result in an incremental increase in the demand for maintenance of roads and other public facilities in the area. Mitigation # 8: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "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:' Mitigation # 9: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: 'The building setback from the side and rear property lines shall be not less than 30 feet." Mitigation # 10: Prior to recordation of the Final Map, remove the shed on parcel 2, or move the shed at least 30 feet from the parcel line, or reconfigure the parcel line between parcels 1 and 2 to place the shed at least 30 feet from the parcel line. 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? X X X ■ Butte County Department of Development Services ■ Planning Division ■ 12 Project: Westphal TPM, File # TPM 98-05 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Sewer or septic tanks? X e) Storm water drainage? X f) Solid waste disposal? X g) Special Districts? X Response: The project is located in an area that is already served by Pacific Gas and Electric, which forecasts energy consumption of their service area and provides for future facility planning. The need for new generating facilities has been offset by the use of energy efficient construction in homes and energy efficient appliances. Pacific Gas and Electric already has distribution lines in the area and can serve the energy requirements of this project without substantial alteration to existing facilities. The cost of extending new service,lines may have to be borne by new residents. Pacific Telesis already has distribution lines in the area and can serve the communication needs of this project without substantial alteration to existing facilities. The cost of extending new service lines may have to be borne by new residents. Currently, the Butte County Landfill still has capacity to serve the additional development proposed by this project. There is no mandatory garbage pick-up service required in the rural areas of the County. Some residents may choose to transport their own refuse to the landfill. This project will not require or impact any sewer system because the residential units will utilize private septic systems. These systems are required to have a minimum soil depth of 5 ft. over base rock as specified in the Cohasset Specific Plan. The Environmental Health Division will require the applicant to submit septic system plans to the EHD for review and approval.. Mitigation: None required. 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or designated scenic highway? X b) Have a demonstrable negative aesthetic effect? X c) Create light or glare? X Response: This project will not affect a scenic vista nor will it have a demonstrable negative aesthetic effect. A large portion of the project site has recently be selectively logged, and the soil in logged areas has been greatly disturbed and is littered with timber slash, reducing the aesthetic quality of the project site. The project site does not contain any light sources at the present time. The four new homes that could be built as a result of this project will most likely have night lighting for safety and security reasons. However, these lights will not cause a significant impact. Street lights will not be required as a part of this project. Mitigation: None required. ■ Butte County Department of Development Services ■ Planning Division ■ 13 Project: Westphal TPM, File # TPM 98-05 Potentially Significant Less Potentially Unless Than Significant Mitigation Significant No Impact Incorporated Impact Impact 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? X b) Disturb archaeological resources? X c) Affect historical resources? X d) Have the potential to cause a physical change which would affect unique ethnic cultural values? X e) Restrict existing religious or sacred uses within the potential impact area? X Response: The parcel is located in an area that has a high archeological sensitivity. An archaeological field survey was performed on the project site in September 1997 and no prehistoric sites or artifacts were discovered. Several historic artifacts connected with a homestead on the parcel to the south of the project site were located. These artifacts consisted of an old wash basin, a bucket, tin cans, an enameled wash basin, and common -cut nails. The archaeological report stated that these historical artifacts are not significant and do not warrant any special protection. The report did state that there is a possibility that additional historic or pre -historic archaeological resources could be uncovered during development activities on the parcel. A mitigafion of this project will require that should an archaeological artifact be discovered during construction on the parcel, all development. work be halted a qualified archaeologist and the County Planning Division be notified immediately. Mitigation # 11: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "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." 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreation facilities? X b) Affect existing recreational opportunities? X Response: The proposal will not result in a signficant increase in the demand for park and recreation facilities in the area nor will it affect existing recreational opportunities. Mitigation: None required. 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of ■ Butte County Department of Development Services ■ Planning Division ■ 14 -A Project: Westphal TPM, File # TPM 98-05 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 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 or prehistory? b) Does the project have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals? c) Does the project 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 with the effects of past projects, the effects of other current projects, and the effects of probable future projects). d) Does the project have environmental effects which will cause substantial adverse effects on human being, either directly or indirectly? r* Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated X X Less Than Significant Impact X No Impact X Response: As discussed in Section 4, Subsections 3, 4, 7, and 14 of this document, this project has the potential to significantly degrade the quality of the environment, but the impacts of this project can be mitigated to a level of insignificance by the incorporation of stated mitigation measures as part of the project approval. As discussed in Section 4, Subsection 11 of this document, this proposal may have a significant cumulative impact on fire services in the area, but the impacts of this project can be mitigated to a level of insignificance by the incorporation of stated mitigation measures as part of the project approval. ■ Butte County Department of Development Services ■ Planning Division ■ 15 11 Project: Westphal TPM, File # TPM 98-05 V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation # 1: Show on an additional map sheet, or separate plat map which is to be recorded concurrently with the map, all areas having a slope of 30% or greater as a No Development Zone. Include a note that states: "Structures, dumping, fill material, and/or excavation shall not be allowed within the No Development Zone as depicted." Mitigation # 2: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that; "All development of parcels shall be subject to the erosion control policies and standards established in the Cohasset. Specific Plan, which can be obtained at the Department of Development Services, and in the Best Management Plan,." Mitigation # 3: Prepare a Best Management Plan to address erosion control during site preparation, road construction, and home construction. The erosion control methods proposed shall be methods accepted by professional civil engineering practices. The plan shall make provisions to stabilize all disturbed soil that is subject to erosion, prior to the on set of the rainy season (November 15) and if work is to be done during the winter, to provide for interim measures for periods of rain. The plan shall be submitted to, and approved by, the Department of Public Works and the Planning Division prior to recordation of map. Mitigation # 4: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet stating that: 'The removal of vegetation shall be limited to what is necessary for the creation of a homesite, accessory buildings, and fire safety regulations, or that which is approved through a Timber Harvest Plan by the California Department of Forestry." Mitigation # 5: Show on an additional map sheet, or separate plat map which is to be recorded concurrently with the map, a 100 foot "No Development Zone" along Maple Branch Creek. The distance shall be measured from the top of bank or outer edge of the riparian vegetation, whichever is greater. Include a note that states: "Structures, dumping, fill material, and/or excavation shall not be allowed within the 100 foot No Development Zone as depicted, except for driveways and/or access improvements necessary for each residence. Limited vegetation removal necessary for flood control and/or to reduce fire hazard, is permissible within the No Development Zone; however, all vegetation removal shall be approved by the Department of Fish and Game prior to removal." Mitigation # 6: Place a note on a separate documents which is to be recorded concurrently with the map or on an additional map sheet which states: "Fencing for areas other than residential areas shall be limited to a maximum of 5 wire strands. The low strand shall be at least 16" above the ground and the upper strand shall be no higher than 48" above the ground." Mitigation # 7: Place a note on a separate document which is to be recorded concurrently with.the map or on an additional map sheet which states: "At the time of building permit application, if a Deer Herd Impact fee(s) is currently in effect, it shall be paid prior to the issuance of the building permit." Mitigation #8: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "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." Mitigation # 9: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: 'The building setback from the side and rear property lines shall be not less than 30 feet." ■ Butte County Department of Development Services ■ Planning Division ■ 16 Project: Westphal TPM, File # TPM 98-05 Mitigation # 10: Prior to recordation of the Final Map, remove the shed on parcel 2, or move the shed at least 30 feet from the parcel line, or reconfigure the parcel line between parcels 1 and 2 to place the shed at least 30 feet from the parcel line. Mitigation # 11: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "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 ." DATA SHEET A. Project Descriation 1. Type of Project: Tentative parcel map 2. Proposed Density of Development: Three 5 -acre parcels and one 13 -acre parcel. 3. Amount of Impervious Surfacing: Minimal. 4. Access and Nearest Public Road(s): Private road to Maple Lane, then to Cohasset Road. 5. Method of Sewage Disposal: On-site septic system. 6. Source of Water Supply: Individual, on-site wells 7. Proximity of Power Lines: To project site. 8. Potential for further land divisions and development: The 13 acre parcel could be subdivided into two parcels. B. Environmental Setting 1. Terrain a General Topographic Character: Rolling to hilly terrain. b. Slopes: Average of 5 to 40%. C. Elevation: 2,600 to 2,720 feet above sea level. d. Limiting Factors: Potential soil erosion problems of exposed soils. 2. Soils a. Types and Characteristics: Decomposed granite, good to excessive drainage. b. Limiting Factors: Soils easily eroded. 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: Slight to moderate. C. Landslide Potential: Low. d. Fire Hazard: High to extreme. e. Expansive Soil Potential: Moderate. 4. Hydrology a. Surface Water: Maple Branch Creek and two man-made ponds. b. Ground Water: Unknown, potentially limited. C. Drainage Characteristics: The parcel generally drains east & west into the seasonal creek. d. Annual Rainfall (normal): 45-50 inches per year. e. Limiting Factors: Potentially limited ground water. 5. Visual/Scenic Quality: Good. Recent logging of the project site has reduced visual quality. 6. Acoustic Quality: Good. 7. Air Quality: Good. ■ Butte County Department of Development Services ■ Planning Division ■ 17 Project: Westphal TPM, File # TPM 98-05 8. Vegetation: Site is predominantly pine trees and scattered oaks. Extensive brush and riparian vegetation on proposed parcel 4. No evidence of endangered, rare, or threatened plant species. 9. Wildlife Habitat: The entire area serves as habitat to a variety of plants and animals, including deer. The parcel is located within critical winter range of the Mooretown Deer Herd and is within a Designated Development Zone. 10. Archaeological and Historical Resources in the area: High archaeological area. it. Butte County General .Plan designation: Agricultural -Residential. 12. Existing Zoning: TM -5. 13. Existing Land Use on-site: One dwelling unit, small apple orchard, timber harvesting, open space. 14. Surrounding Area: a. Land Uses: Rural residential, timber harvesting, small orchards. b. Zoning: TM -2, TM -5, TM -20. C. Gen. Plan Designation: Agricultural -Residential. d. Parcel Sizes: 2 to 54 acres. 15. Character of Site and Area: Timber mountain/rural residential 16. Nearest Urban Area: None 17. Relevant Spheres of Influence: None. 18. Improvement Standards Urban Area: Cohasset Specific Plan. 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station # 21, approximately 3 miles away. b. Water Availability: Fire tankers. 20. Schools: Chico Unified School District. ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1. Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Map. Oroville, CA. 11. Northwestern District Department of Water Resources. Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983. 12. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 13. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 14. USGS Quad Maps. ■ Butte County Department of Development Services ■ Planning Division ■ iV w Project: Westphal TPM, File # TPM 98-05 15. Soil Map. Chico (1925)/Oroville (1926) Area United States Department of Agriculture. 16. Soil Survey of Chico (1925)/Oroville (1926) Area United States Department of Agriculture. 17. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map Butte County Fire Department and California Department of Forestry, 1989. 18. Butte County Planning Department. Report of the Cohasset/Forest Ranch Planning Area Committee. 1983. K\PLANNING\PROJECTS\TPM\WESTPHAL.TPM\WESTPHAL.IS ■ Butte County Department of Development Services ■ Planning Division ■ 19